First Nation People: Uluru Statement, Constitutional Implications, and Indigenous Sovereignty

Running head: FIRST NATION PEOPLE
First Nation People

FIRST NATION PEOPLE 2
Introduction
The Constitution of Australia came into effect on 1 January 1901 establishing the
Commonwealth of Australia. The constitution of Australia has certain provisions relating to
the treaties with the indigenous people. In Australia, even after 200 years of Colonisation
there is no treaty which is signed between the Australian government and the Aboriginal
and/or Torres Strait Islander people. Also, there is no body which could address their rights.
Despite these struggles for indigenous people, they never gave up hope.
Uluru Statement from the Heart
The meeting was conducted at Uluru on 26th May 2017 in which more than 250 Aboriginal
and Torres Strait Islander people gathered which passed the Uluru Statement that reflect the
reform desired by the indigenous people and any proposed changes in the constitution. The
meeting discussed two points:
1. Formation of Makarrata Commission.
The concept of Makarrata commission refers to the idea of coming together of two
parties after a struggle which would heal the difficulties of the past. The word
“Makarrata” itself means to heal the wrong which is done in the past. The formation
of this community would help to make agreements between government and First
Nations and truth telling about history1.
2. First Nation’s Voice
The Uluru statement also calls for the inclusion of First Nation’s Voice in the
constitution. This move was proposed because there is no representative body for
Aboriginal and Torres Strait Islander people. By having their vice enshrined in the
constitution they will be able to make decisions affecting their community2
1 Stephen Cornell. "“Wolves Have A Constitution:” Continuities in Indigenous Self-Government." (2015) 6(1)
The International Indigenous Policy Journal
2 Paul Salmon, Gemma JM Read, and Nicholas J. Stevens. "Who is in control of road safety? A STAMP control
structure analysis of the road transport system in Queensland, Australia." (2016) 96(1) Accident Analysis &
Prevention

FIRST NATION PEOPLE 3
Is the Uluru Statement Right?
There is a lot of discussions which is taking place in the nation that whether the move
is right or it will create chaos. There are lot of responses from different people regarding this
statement which includes views from commentators, politicians and indigenous people. Some
of the views are as follows:
Professor” George Williams”, the Dean of Law from New South Wales has written
about the Uluru Statement that this is an important and awaited expression of what
indigenous people want from the constitution. It is also challenging to make set of changes to
constitution that will win support from majority of the community3.
“Jane Oscar”, The Social Justice commissioner of Aboriginal and Torres Strait
Islander people mentioned that both the moves are meaningful and it describes the vision of
people.
Constitutional Implications of Recommendation of First
Nation’s Voice
Australian people can only change the constitution. Any move for inclusion of First
Nation’s Voice in the constitution is required to be passed in the referendum. The changes
which are required to be done have to be agreed by the Parliament and then is presented to
people for vote. A change could only come if there is a support from majority of voters in
majority of states4.
Constitutional Implications of recommendation of
Makarrata Commission:
The Makarrata Commission would not require any change in constitutional. It can be
formed by passing a legislature in Parliament. Another alternative is that it could be
established by the letters patent which is to be granted by the Director General’s prerogative
powers on advice of Prime Minister, though it will not be likely done5.
3 James Allan. "The US constitution in trouble: Lessons from Australia." (2015) 59(9) Quadrant
4 Mary Grant, "Designing carceral environments for Indigenous prisoners: a comparison of approaches in
Australia, Canada, Aotearoa New Zealand, the US and Greenland (Kalaallit Nunaat)." (2016) 18(1) Journal of
Australia
5 Marewa Glover, et al. "A systematic review of barriers and facilitators to participation in randomized
controlled trials by Indigenous people from New Zealand, Australia, Canada and the United States." (2015)
22(1) Global health promotion