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Cuba's constitutional referendum in February displayed overwhelming support for the government. More than six million voted yes, while around 706,000 voted no. The new constitution represents a step forward for the democratic, economic and social development of the country.
The common thread through all of these stories is the need to have a mature conversation about the ways in which we can afford a meaningful voice to our communities. If human rights are the benchmark, then rights must be afforded to all. It is not right that those with the least power must continue to compromise.
A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.
I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.
Those Aborigines who are most at home in modern Australia tend to be those with a secure foothold in both the Dreaming and the Market. Those who are most alienated and despairing are those with a foothold in neither. Constitutional change alone won't make things better. But a good Constitution is a better complement to other measures – such as a statutory charter – than a bad one.
Our Constitution is premised on the outdated notions of terra nullius and assimilation. It is more than three years ago since the Gillard Government set up an Expert Panel, and the Abbott Government is waiting for consensus. Noel Pearson is right to insist that Aboriginal leaders need a place at the table.
Unlike France, Australia's Constitution specifically accepts the place of religion in the broader society, with its reference to Almighty God in the Preamble. Its only stipulation is that governments should not privilege one religion over another, or unfairly discriminate. Moreover, our legal system and institutions might be secular in nature, but they draw heavily on Christian ethics and morality.
Given the opinion polls and divisions in Labor, it's no surprise Abbott is confidently preparing his team for government. Anything he says about constitutional change therefore carries weight. Advocates for constitutional recognition of Indigenous Australians would be heartened then by two of his recent speeches.
Frank Brennan's address 'Recognising Aboriginal and Torres Strait Islander People in the Constitution' presented at the 18th National Schools Constitutional Convention, The Museum of Australian Democracy at Old Parliament House, 21 March 2013.
Most Australians would agree that it’s time to free the Constitution from all vestiges of racial discrimination. For this, it needs an amendment affirming the status as Indigenous Australians as equal citizens. But in the current political climate, a referendum is unlikely to produce the necessary super majority of electors in four of the six states voting in favour.
Those who have been aware of racism in the Constitution and prepared to tolerate it, have effectively blessed the attitude that it's acceptable to regard Indigenous Australians as second class citizens in theory as long as we treat them as equals in practice.
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