1. INDIGENOUS PEOPLE AND AUSTRALIAN LAW

2. No treaties were ever negotiated with Indigenous people in Australia Aboriginal and Torres Straight Islander people were excluded from participating in the Constitutional process White racial superiority was evident at the time of the Constitution which came into force in 1901 Believed that Aboriginal people would eventually ‘die out’ Constitution drafters preferred to leave the Constitution mostly silent on ‘matters of rights’ “…nor shall a state deprive any person of life, liberty, or property without due process of law, or deny to any person within its jurisdiction the equal protection of its laws.” -Andrew Ignes Clark – Tasmanian Parliament (non discrimination clause)

3. For the Indigenous people the Australian Constitution was originally drafted symbolised three things: -Modern Australia founded without any involvement of Indigenous people -No recognition within the Constitution of the unique position and traditional ways of the Indigenous people -With the absence of rights in the Constitution, Australians became reliant on Governments for protection whereas exploitation and breach of Indigenous human rights left them vulnerable

4. 1967 REFERENDUM One of only eight successful attempts to change the Constitution Allowed for the inclusion of Aboriginal people in the Census and to give Federal Parliament the power to make laws regarding Indigenous people Clear intention that the Federal Government should only use the power to protect Aboriginal people Endorsed by over 90% of voters Approved in all six states Initiated a positive relationship between Aboriginal and non-Aboriginal Australians Changed S51(xxvi) – The ‘Races Power’ Aboriginal people became disillusioned by the lack of changes that followed from the referendum and the continual discrimination and socio-economic conditions of their communities

5. AFTER THE 1967 REFERREDUM: Evident that the referendum failed to change the way in which the Constitution was originally drafted Which failed to recognise the unique status and place of Indigenous people Continued to leave the recognition and protection of their rights Kruger v the Commonwealth 1997 assists in making the point of vulnerability within the Indigenous Australians – first case to be heard in the High Court that considered the legality of the formal government assimilation-based policy of removing Indigenous children from their families  STOLEN GENERATION

6. THE CONTINUAL AGENDA FOR CONSTITUTIONAL CHANGE Seeking to achieve social justice and recognition for Indigenous people Recognition for their history and their culture Enshrine the principle of non-discrimination Grant the Commonwealth primacy over Indigenous affairs Negotiate ways in which to reconcile Recognise people’s entitlement to self determination, grant self government, recognise the inherent sovereignty of Indigenous peoples Influenced by the way that other countries have recognised their Indigenous people in their respected Constitutions Modernise or update the Australian Constitution to ensure stronger protection of human rights