Essay: Indigenous Rights and the Australian Constitution (2018)

This essay delves into the critical discussion of equal human rights for Aboriginal people within the framework of the Australian constitution. It emphasizes the significance of recognizing Indigenous Australians as a vital part of the nation's identity, highlighting the distinction between constitutional amendments and formal recognition. The essay explores the historical exclusion of Indigenous people, the need to eliminate racial discrimination, and the importance of granting them fundamental rights. It examines the impact of globalization, past injustices, and the ongoing challenges faced by Indigenous communities, including issues related to health, economic disparities, and cultural preservation. The essay further discusses the role of government policies, constitutional amendments, and international declarations like the UN Declaration on the Rights of Indigenous People in promoting equality, reducing inequality, and empowering Indigenous communities. It also highlights the importance of non-discrimination clauses, the 1967 referendum, and the establishment of health initiatives. The essay concludes by emphasizing the need for social recognition, economic empowerment, and a commitment to justice to address historical wrongs and build a more inclusive and equitable society.

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Introduction
This essay brings out the discussion on equal human rights for the Aboriginal people
according to constitution. A well-defined set of policies, laws and a constitution reflects
country`s values especially when it caters all the communities of the country. It is important
to value the indigenous people as a recognised identity of the nation because every citizen
living in the national boundaries of the country has the right to enjoy the fundamental right.
There is a huge difference between just changing the constitutions and recognising
indigenous Australians in the constitutions. Preamble introduces a constitution that has no
legal power. Modifying the preamble can only acknowledges indigenous people as the
original habitants of the country. The second change can talk about changing the part of the
constitution to set out some new laws that have legal significance (McCallum, Waller, &
Dreher, 2016).
Main objectives to propose the change about aboriginal people should include fixation of
historical exclusion of indigenous people from the constitution. Moreover, the changes
should consider removing all those references that constitution has and allows to discriminate
based on race. This essay presents a favourable condition that including indigenous people in
the constitution is important. As every person has, the right to acquire a citizenship in the
constitution for the entire fundamental rights which an Australian enjoys (Pringle, Westman,
Kythreotis, & Schindler, 2015).
Constitution for Indigenous people
From the perception of human rights, earlier Australian constitution did not provide
protection to the individual rights because the government realised to explore the existence of
Aboriginal people. Aboriginal people of Australia is regarded as original inhabitants. There
was a moment when the government explored that the formal recognition and acknowledged

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that Aboriginal and Torres Strait islanders are the first persons of the country. Earlier,
indigenous people were not considered in the constitution. They still suffers from the racial
discrimination. This formal acknowledgment would constitute a real articulation that lays
respect for the identified first peoples of the Australia. This has encouraged the aspiration to
provide equal rights to Aboriginal people after discussing the challenges faced by the
Aboriginal community (King, Brough, & Knox, 2014). Centuries of globalisation and
liberalisation has left the indigenous people with no opportunity to enjoy any basic human
right. The constitution has been drafted when indigenous people were considered a dying race
who are not worth of citizenship and humanity. Earlier the indigenous people were excluded
from the discussions while creating an economic development such as constructing building
and infrastructure, which is situated on their Ancestral waters and land. They were in the fear
that recognition of the indigenous people can lead to claims for the compensation and land
taken for the European settlement (King, Brough, & Knox, 2014).
The historical and recent economic, legal, and social inequities were identified during the
subordinate approach to the inequality in ALRC. An approach to resolve the problem related
to Aboriginals requires a broader understanding of inequality and disadvantage that
undermine the rights of aboriginal people and discriminate against the indigenous
Australians. Under most of problems faced by the Aboriginal people, it is identified that they
have started losing their identity. Due to widespread oppression, violence and poverty in the
Aboriginal community, it was mandatory to take initiatives to protect and provide them
reliable resources and employment to run their livelihood. Apart from the legal and
constitutional rights, Aboriginal people could not avail proper medication and health services
due to malnutrition, lack of treatment, poverty, contamination of ecosystem, and diversion of
toxic industrial waste to their residential area (NACCHO, 2018).

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To establish the equality among the non-indigenous and indigenous people, the constitution
has to strive to uplift the status of the aboriginals. Only delegating the fundamental rights to
the indigenous people who were in such, a downtrodden condition is not enough. Moreover,
the national and state authorities have to conduct a session on why these fundamental rights
are important and how they are used. Although, indigenous people believe strongly in
religion and culture but they should be informed properly of customary laws and justice laws
for crimes. When they authorised with the fundamental human rights then they should be
aware of what actions are considered as wrong, unlawful, or unethical as per the constitution.
The women of indigenous community should be promoted with best health services as they
suffer from domestic violence and labour harassment (Hanna, Langdon, & Vanclay, 2016).
Earlier, the women, indigenous people, and the members of ethnic communities were keep
apart from participating in constitutional conventions. Due to man dominant views, the
constitutions reflects predominant views of the men prejudicing all the conventions on the
discriminated basis. At global level, the UN declaration on the rights of Aboriginal people
enforces the state and national government to cater the effective participation of Aboriginal
people in the constitution (Morris, 2015). It is recognised that the promotion and protection of
equal human rights delegated to the indigenous people can contribute to the strength the
dignity of indigenous people by providing equal right. The 2030 Agenda for sustainable
development focuses to reduce the inequality of rights among the indigenous people and non-
indigenous people. The political declaration has identified that indigenous population is one
of the most vulnerable group who need to be empowered. There is a huge population of
Indigenous people which are recognised as world`s poorest people. In order to empower the
indigenous people, government has to provide equal rights to the Aboriginals. Moreover, they
should introduce new schemes of employment and various new health services and

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maintenance service to avail them hygienic environment to live (McNamara, Banks,
Gubhaju, Joshy, Williamson, Raphael, & Eades, 2018).
In order to make Federal Government laws in relation to health, education, native title, law,
justice, and cultural heritage of the indigenous people, Sec 51 states the power to pass the law
regarding the issues such as native title and cultural heritage. This section strives to
implement the concept of “Race” to remove from indigenous and aboriginal people. This new
amended power does not solve the problem of parliament to have the power to pass the
racially discriminatory laws. Non-discrimination clause was debated that lead up to 1967
referendum (Paradies, 2016).
Australian government commits to the principle of racial non-discrimination as a new section
in the constitution. A main federal law in the constitution renowned as 1967 referendum,
more than 90 percent of native Australians voted to change the constitution and give power to
make law related to indigenous people. In 1962, Australian Labour Party submitted an
urgency to seek referendum to include and focus indigenous people in the census. The debate
focuses on redistribution of the election seats in the parliament. This lead to equality step
towards indigenous people (Reconciliation Australia, 2017).
Moreover, the party also suggested eradicating the discrimination, which is done on the basis
of racism. In order to improve and provide the services to the indigenous people, the
formation of national Aboriginal Torres Strait Islanders Health Standing Committee has been
undertaken. It monitors and checks the health initiatives within the key Australian
Government health policies. Apart from the current plans, the government have launched a
program from 2013 to 2023 to develop and maintain the strategic initiatives to enhance the
health. The policies include state health executive forum, SEF (state-wide aboriginal health

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planning forum) and national Aboriginal and islander Health Organisation to provide health
assistance to indigenous people especially women (Reconciliation Australia, 2017).
In 1960, the indigenous Australians were recognised as the citizen of the country. Moreover,
in 1962, electoral act amended to spread the right to vote to all the indigenous people. In
1965, assimilation policy chose a same level of living standard and a similar manner of
treating a person as other Australians enjoy their rights, privilege, accepting the similar
responsibility. This policy portrays that all indigenous and non-indigenous Australians are the
members of the same and single Australian community (Australian Government Australian
law reform Commision, 2018). Previously, indigenous were funded by private donation,
international aid organisations and church groups. During late 1970s, indigenous people
began to introduce their own organisation such as legal services, health services, and land
councils. In addition to this, indigenous communities have established own independent,
advocacy body, NACCHO (National Controlled Community Health Organisation), and
community controlled health services were formed in 1975 (Government of Western
Australia Department of Health, 2018).
The policy named as 1967 Federal Referendum, bridge walks in 2000, and the National
Apology to Australia`s aboriginal people and recognition them in the constitution is an
important step of reconciliation journey. Recognition of indigenous people addresses a social
exclusion. Moreover, it develops a sense of self-worth, social and emotional well-being of
indigenous people as both a personal identity as well as the community as a whole. The
benefit of recognising the indigenous people in the constitution ensure that constitution does
not discriminate the human rights against the Australians with more rights (Griffiths,
Coleman, Lee, & Madden, 2016). Establishing equality will enable to establish a strong
relationship of trust between indigenous and non-indigenous people. Traditional Aboriginal
midwives have contributed to the well-being of the indigenous people. Cultural and clinical

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knowledge have assisted to positive health of the aboriginals, which was largely
unacknowledged. Indigenous women and children face inequalities and stigma in relation to
maternal mortality. Indigenous people have constantly requested UN system and other
regional healthcare organisations to incorporate a cultural perspective of treating health and
serving them with values. The role of traditional midwives have assisted to evaluate
aboriginal women during the reproductive health processes (UNDESA Division for inclusive
social development indigenous people, 2018).
Moreover, the imbalance and inequalities can be changed by providing them the same equal
rights, which other Australians has. It can be in the name of humanity and welfare of the
society. The most appropriate way to treat inequality is by promoting easy access to
education and health services. Every community who are denied from equal access to basic
amenities may get offended. Any debate regarding not giving the political and legal rights to
the indigenous people is more or less intertwined with economic and social justice
(Referendum Council, 2017).
Conclusion
Empowering the indigenous people is not only related to political recognition or mentioning
them in constitution but they should have their social recognition too. The term equality not
only signifies lack of discrimination but also availing aboriginal people the choices to
employment and adding economic value. It requires uplifting the political, economic, and
social constraints so that they can offer welfare leading to grab opportunities and empowering
them. This essay has elaborated that how federal governmental laws tried to focus on social
recognition of indigenous people. Earlier, the conventional constitution dominated by the
man led to ignore the Aboriginal people, as they were afraid the community might claim for
the compensation. After the recognition of indigenous people in the constitution, the
authorities apologised for the suffering of the aboriginals. United Nations Declaration on the

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rights of indigenous people (UNDRIP) is an international agreement which highlights the
individual and group rights of Aboriginals in the world. This agreement addresses several
issue such as identity, culture, health, education, and language. On the basis of the principles
of partnership, mutual respect, and equality, the purpose of the UNDRIP is to guide the
countries and other international groups to build a fair relationship with indigenous people.
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