Constitutional recognition will do nothing for Aborigines____________ Comment Michael Mansell The Age July 25, 2014 It is not clear what benefits Aborigines will get from constitutional recognition or why time is being spent on it. After all, NSW, Queensland, Victoria and South Australia have already recognised indigenous people in their state constitutions and the Federal Parliament passed the Act of Recognition in 2013. Not a single benefit to anyone has flowed from those measures. One of the bewildering proposals for constitutional recognition of indigenous peoples is to recognise Aboriginal and Torres Strait Islander languages as the original Australian languages, but confirm English as the official national language. This is reminiscent of the military government in Sudan in the 1960s that declared Arabic would be the official single language despite the many languages spoken. Aboriginal languages are the most threatened in the world and the proposed constitutional declaration would sound the death-knell of those that remain. Another proposal is to delete section 25 of the constitution - which recognises that the states can ban people from voting based on their race - is on its face racist but which was originally installed to punish racist states. It has never been used in 114 years, is never likely to be used, and even if it was, any law made under it would be struck down as contrary to the Racial Discrimination Act 1975. A third proposal is to limit the Federal Parliament to only make positive laws for Aborigines and Torres Strait Islanders by changing the word ‘race’ power to ‘Aboriginal’. The High Court is then to judge if a law is good or bad for Aborigines. This will not work. The court has stated time and again that it is for the parliament to make the laws, and the courts to interpret those laws. Whether parliaments are making good or bad policy is up to the electorate, not judges. If the race power is to be tampered with, it should be done properly. After 226 years Aboriginal people are still prevented from making their own decisions. The Recognition proposal condones that immoral position. theage.au/comment/constitutional-recognition-will-do-nothing-for-aborigines-20140724-zw8k2.html
Posted on: Fri, 25 Jul 2014 04:33:30 +0000
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