In 1967 we amended the Australian Constitution. We took out the two adverse references to Aborigines, which thereafter meant the Constitution was silent. Now some of you would be old enough to remember that there was a campaign to ‘Vote “yes” for Aborigines’. But all that was done was to take out the two adverse references to Aborigines, the main one of which was contained in section 51(26) of the Australian Constitution. Prior to 1967 that section said that the Commonwealth Parliament had power to make laws with respect to the people of any race, other than Aborigines, for whom it was deemed necessary to make special laws. The thinking of our founding fathers (and they were all men, back in the 19th century) was that Aboriginal affairs would be a matter for the states but that the Commonwealth Parliament would have power to make laws with respect to people of any other particular race, even if they did become British subjects.
Guess what? That provision back in the 19th century was thought to be one that would work against particular racial groups. It wasn’t put in there to allow the Commonwealth Parliament to do nice things for the Chinese or the South Sea Islanders who were brought in to the Queensland cane fields. It was a provision that was put in so that there might be extra so-called safeguards for the community against the activities of the Chinese and the South Sea Islanders. But by 1967, it was said that those words of omission in relation to Aborigines should be taken out. So the Commonwealth Parliament would now have power to make laws with respect to Aboriginal peoples.
Since then, Aboriginal and Torres Strait Islander people have been aware that there is no mention of them in the Constitution. They say: ‘We think we should be recognised’. For us as Christians or citizens of goodwill, the starting point has to be: what is it that Aboriginal and Torres Strait Islander people are asking of us? They’re saying: ‘We want to be recognised in the Constitution. It’s our Constitution as well as yours.’ That should be generously conceded by everybody. That’s step one: first of all, to be attentive to the voice of Aboriginal and Torres Strait Islander people.
But guess what? Not all Aboriginal and Torres Strait Islander people agree, do they? They’re just like the rest of us — this