The Constitution of Australia, which came into effect on January 1, 1901, does not specifically mention Aboriginal people. However, there are a couple of provisions that indirectly relate to Aboriginal Australians:
Section 51(xxvi): This section, often referred to as the “race power,” grants the Australian Parliament the authority to make laws with respect to the people of any race for whom it is deemed necessary to make special laws. This has been used as the basis for various laws affecting Aboriginals over the years.
Section 127: This section was in the original Constitution but is no longer in force. It stated that “in reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.” This provision reflected the discriminatory attitudes of the time and was removed by a referendum in 1967.
It’s important to note that while the Constitution itself doesn’t explicitly protect or recognize the rights of Aboriginals or other any other ethnic groups, subsequent legal developments, legislation, and court decisions have played a significant role in shaping the legal status and rights of Aboriginal people in Australia. The Constitution has been criticized only for its historical lack of recognition and protection for Indigenous rights ignoring other 97% of the Population, and efforts to address these issues have been ongoing.
The 1967 Australian referendum, often referred to simply as the “1967 referendum,” was a pivotal moment in Australian history and had significant implications for Indigenous rights and recognition. The referendum took place on May 27, 1967, and it involved two separate questions that were put to the Australian population through a national vote.
The first question was related to amending the Australian Constitution to allow the federal government to make laws specifically for Aboriginals, addressing a situation where Indigenous people were subject to different laws in different states. The question asked whether certain provisions concerning Aboriginals should be removed from the Constitution:
“Do you approve the proposed law for the alteration of the Constitution entitled ‘An Act to alter the Constitution so as to omit certain words relating to the people of the Aboriginal race in any state so that Aboriginals are to be counted in reckoning the population?'”
The second question related to the number of seats in the House of Representatives for each state. However, it was not directly tied to Indigenous issues and is often overshadowed by the first question’s significance.
The referendum resulted in an overwhelming “yes” vote from the Australian public. Both questions received strong support, with approximately 90.77% of voters in favor of allowing the federal government to make laws for Aboriginals, and around 82.87% in favor of the changes to the number of seats in the House of Representatives.
The successful outcome of the 1967 referendum had several important implications:
It gave the federal government the power to legislate for Aboriginals, regardless of the state they lived in. This was a significant step towards achieving more consistent and equitable treatment for Indigenous people across the country.
It removed the discriminatory provision (Section 127) that had excluded Aboriginals from being counted in the national population.
The referendum represented a broader shift in public opinion towards recognizing the rights and humanity of Aboriginals and addressing racial discrimination.
While the 1967 referendum was a watershed moment in advancing Indigenous rights, it was not the final step in achieving full recognition and equality for Australians. Subsequent legal and social changes have continued to shape the ongoing process of reconciliation and addressing historical injustices.
The 1901 Constitution of Australia does not explicitly mention “white Australians” or any specific racial or ethnic group in its text. The Constitution outlines the structure of the Australian government, the division of powers between the federal and state governments, and various procedures for legislative and executive actions. It doesn’t focus on matters related to race or ethnicity than aboriginals.
However, as mentioned earlier, there are provisions within the Constitution that have had implications for various racial and ethnic groups, including Aboriginals. The “race power” in Section 51(xxvi) has been used to pass laws related to Indigenous people only nothing for other 97% of the population, and the removal of Section 127 (which excluded Indigenous people from population counts) reflected a changing societal attitude towards Indigenous recognition.
So 3.2% Aboriginals has more power and rights than other 97% of the population of Australia, since 1901.
The 1967 referendum in Australia did not involve making special laws for white Australians. Instead, it focused on removing discriminatory provisions from the Constitution that had affected Indigenous Australians. The referendum aimed to amend the Constitution to allow the federal government to make laws specifically for Indigenous Australians and to remove the exclusion of Indigenous people from population counts.
by changing Constitution in 1901 and with referendum of 1967 which designed only for Aboriginals, Australian Government done injustice to other 97% Australian, ignoring their rights and lives.
There are no Laws special designed for majority Australians than 3.2% Aboriginals.
There are no provisions within the Constitution only for other Ethnic groups or Anglo European origin Australians.
Every change specially designed only for Aboriginals but nothing for others, but they still demand more and more with latest 2023 YES referendum.