<\/p>\n
Responding to no apparent public call whatsoever, a panel of \u2018experts\u2019 has prepared a proposal for reform of the Constitution of Australia<\/a>. The proposal is for the Recognition of Aboriginal and Torres Straits Islanders in the Australian Constitution<\/a>. The proposal includes these main points (p. 230:)<\/font><\/p>\n <\/font><\/p>\n Item 1 <\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n Repeal section 25 and section 51(xxvi) of the Constitution. <\/span><\/font><\/p>\n <\/font><\/p>\n Section 25 states that: <\/span><\/font><\/p>\n <\/font><\/p>\n For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of the race resident in that State shall not be counted.<\/font><\/p>\n <\/font><\/p>\n Section 51 (xxvi) states that: <\/span><\/font><\/p>\n <\/font><\/p>\n [<\/span>The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to] [t]<\/span>he people of any race, for whom it is deemed necessary to make special laws.<\/span><\/font><\/p>\n <\/font><\/p>\n And removing these seems to be a good way of removing the possibility of the Commonwealth instituting racially discriminatory laws. But the next item makes it clear that what the drafters have in mind is that there should not be the possibility of laws that disadvantage the members of one particular<\/em> race; and, in fact, that legislators should be encouraged<\/em> to create race-based laws to the advantage of that lucky minority. Thus:<\/span><\/font><\/p>\n <\/font><\/p>\n Item 2 <\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n Insert after section 51: <\/span><\/font><\/p>\n <\/font><\/p>\n Section 51A Recognition of Aboriginal and Torres Strait Islander peoples <\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n Recognising <\/span><\/strong>that the continent and its islands now known as Australia were first occupied by Aboriginal and Torres Strait Islander peoples; <\/span><\/font><\/p>\n <\/font><\/p>\n Acknowledging <\/span><\/strong>the continuing relationship of Aboriginal and Torres Strait Islander peoples with their traditional lands and waters; <\/span><\/font><\/p>\n <\/font><\/p>\n Respecting <\/span><\/strong>the continuing cultures, languages and heritage of Aboriginal and Torres Strait Islander peoples; <\/span><\/font><\/p>\n <\/font><\/p>\n Acknowledging <\/span><\/strong>the need to secure the advancement of Aboriginal and Torres Strait Islander Peoples; <\/span><\/font><\/p>\n <\/font><\/p>\n the Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to Aboriginal and Torres Strait Islander peoples. <\/span><\/font><\/p>\n <\/font><\/p>\n To see just how obnoxious this is in principle, and how little it is justified by the legislatively irrelevant pabulum that precedes it, let us imagine the following supplementary proposal :<\/span><\/font><\/p>\n <\/font><\/p>\n Item 2.1<\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n Insert after section 51A: <\/span><\/font><\/p>\n <\/font><\/p>\n Section 51B Recognition of British and Irish peoples <\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n Recognising <\/span><\/strong>that the Commonwealth of Australia was created by this Constitution in an act of the British and Irish people under the <\/span>Crown of the United Kingdom of Great Britain and Ireland; <\/span><\/font><\/p>\n <\/font><\/p>\n Acknowledging <\/span><\/strong>the continuing relationship of those peoples and their descendants with the states and territories of this Commonwealth; <\/span><\/font><\/p>\n <\/font><\/p>\n Respecting <\/span><\/strong>the continuing culture, language and heritage of those peoples and their descendants; <\/span><\/font><\/p>\n <\/font><\/p>\n Acknowledging <\/span><\/strong>the need to secure the advancement of those peoples and their descendants; <\/span><\/font><\/p>\n <\/font><\/p>\n the Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to those peoples and their descendants.<\/span><\/font><\/p>\n <\/font><\/p>\n I think its chances of passage would be quite slim.<\/span><\/font><\/p>\n <\/font><\/p>\n And just to rub home the racially discriminatory point, the Panel further proposes that:<\/span><\/font><\/p>\n <\/font><\/p>\n Item 3 <\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n Insert after section 116: <\/span><\/font><\/p>\n <\/font><\/p>\n Section 116A Prohibition of racial discrimination <\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n (1)\u00a0\u00a0\u00a0 <\/span><\/span><\/span>The Commonwealth, a State or a Territory shall not discriminate on the grounds of race, colour or ethnic or national origin. <\/span><\/font><\/p>\n <\/font><\/p>\n (2)\u00a0\u00a0\u00a0 <\/span><\/span><\/span>Subsection (1) does not preclude the making of laws or measures for the purpose of overcoming disadvantage, ameliorating the effects of past discrimination, or protecting the cultures, languages or heritage of any group. <\/span><\/font><\/p>\n <\/font><\/p>\n I doubt that \u2018any group\u2019 will be applied to any other group than the only race that is mentioned in the amended constitution; especially when that mention is also in terms of the ability of the Commonwealth to make laws in providing advantages for that race, and<\/em> includes the acknowledgement to \u2018culture, language, and heritage.\u2019<\/span><\/font><\/p>\n <\/font><\/p>\n In any case, this is more appropriately put in a separate Bill of Rights, which has failed to be approved when proposed.<\/span><\/font><\/p>\n <\/font><\/p>\n The last item falls under the category of miscellanea:<\/span><\/font><\/p>\n <\/font><\/p>\n Item 4 <\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n Insert as section 127A: <\/span><\/font><\/p>\n <\/font><\/p>\n Section 127A Recognition of languages <\/span><\/strong><\/span><\/font><\/p>\n <\/font><\/p>\n (1)\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/span>The national language of the Commonwealth of Australia is English. <\/span><\/font><\/p>\n <\/font><\/p>\n (2)\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/span>The Aboriginal and Torres Strait Islander languages are the original Australian languages, a part of our national heritage.<\/span><\/font><\/p>\n <\/font><\/p>\n But the other sections in this chapter deal with the location of the Commonwealth\u2019s capital and the ability of the Governor General to appoint deputies. It\u2019s reasonable \u2013 though pointless \u2013 to stipulate that the official language is English; but what is the point of 127(A)2? How does this contribute to the legal structure of the Commonwealth? <\/span><\/font><\/p>\n