keywords: Constitutional Recognition

  • AUSTRALIA

    Slow progress in Constitutional recognition for Indigenous Australians

    • Frank Brennan
    • 19 May 2015
    7 Comments

    Our Constitution is premised on the outdated notions of terra nullius and assimilation.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.

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  • INTERNATIONAL

    Cuba's constitutional reforms bring hope

    • Antonio Castillo
    • 15 March 2019
    6 Comments

    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.

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  • AUSTRALIA

    Moving from Uluru to Recognition

    • Frank Brennan
    • 01 October 2018
    15 Comments

    On such a journey, we will not find common ground except by compromise, unless of course there is agreement about the principles at stake, and agreement that there is only one way to apply those principles to the challenges at hand in the contemporary context. Even among Indigenous Australians there is no unanimity on that.

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  • AUSTRALIA

    Aboriginal participation before recognition

    • Dani Larkin
    • 09 July 2018
    5 Comments

    We already know most Australians will support a referendum that would recognise Indigenous Australians within the constitution. What we now need is to examine how the constitutional reform procedures can themselves be reformed to support Indigenous political advancement. This includes reforming electoral laws and processes that limit Indigenous political participation.

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  • AUSTRALIA

    Recognition or treaty ... Why not both?

    • Kate Galloway
    • 18 May 2016
    19 Comments

    Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.

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  • AUSTRALIA

    2015 in review: Justice in recognition for Aboriginals

    • Frank Brennan
    • 15 January 2016
    9 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    Justice for Aboriginals grows out of recognition

    • Frank Brennan
    • 19 October 2015
    7 Comments

    It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.

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  • AUSTRALIA

    Contours and prospects for Indigenous recognition in the Australian constitution

    • Frank Brennan
    • 16 October 2015
    2 Comments

    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'.

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  • AUSTRALIA

    Constitutional change that will improve indigenous quality of life

    • Frank Brennan
    • 01 July 2015
    6 Comments

    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.

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  • RELIGION

    Abbott's quest for constitutional inclusion

    • Frank Brennan
    • 25 March 2013
    9 Comments

    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. 

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  • AUSTRALIA

    Indigenous is not alien, High Court decides

    • Kerry Murphy
    • 17 February 2020
    8 Comments

    At its heart, the question was whether an Indigenous Australian who was eligible for citizenship but had never formalised it could be regarded as an alien and therefore subject to removal. In a landmark judgment, a 4:3 majority of the Court found that Indigenous Australians were not aliens, even if they were not citizens.

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  • AUSTRALIA

    A bad week for Aboriginal rights

    • Celeste Liddle
    • 23 August 2019
    12 Comments

    According to anecdotal evidence, Pauline Hanson arrived at Uluru, climbed up to 'chicken rock', slid back down on her backside and then, later, met with some Anangu elders to 'get permission' to climb Uluru. The disrespectful farce was but one illustration of how the week went when it comes to showing respect for Indigenous rights and views.

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