Constitution

No Racism in the Constitution

19 April 2023

3 MINS

I have been a big supporter of the recognition of First Nations people in the Australian constitution and removal of racism from the constitution since 2012 when the Expert Panel on Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution brought out its recommendations.

However, I cannot support the Voice as it currently stands as I believe it will not promote the cause of reconciliation but bring division between First Nations people with each other and with the rest of the nation.

I also believe it will be taking away Australians’ equality before the law in the constitution and introduce race into it making two classes of citizens based on race or ancestry.

Boomerang Petition: No Racism in the Constitution

Reminiscent of the Yirrkala bark petition, I made a giant boomerang in 2012 with the words No Racism in the Constitution on it and I presented it to then-Speaker the Hon. Bronwyn Bishop at Parliament House Canberra in the company of MPs the Hon. Ken Wyatt and the Hon. Warren Entsch on 27 November 2013.

Boomerang Petition

This boomerang was part of an exhibition at the Museum of Australian Democracy Canberra where it is now housed.

On the same occasion in 2013, I presented my local member, the Hon. Warren Entsch the Miller Boomerang Petition with 2115 signatures on it that I had gathered at my own expense around the nation and he presented it to Parliament.

Barbara and Norman with Warren Entsch

Barbara and Norman with Warren Entsch

My journey around Australia to gather the first signatures is shown in this video:

 

I continued to gather signatures and presented the rest of the 5,100 signatures to then-speaker the Hon. Tony Smith MP, the Clerk of the House, and the Hon. Warren Entsch MP on 8 February 2016 who presented it to Parliament:

 

It was basically supporting constitutional recognition and the removal of racism from the Constitution and was based on the recommendation of the Expert Panel. It read:

“We therefore ask the House to:

Educate the Australian nation about the need for constitutional change and hold a referendum within two years to:

  • Remove Section 25 – which says the States can ban people from voting based on their race;

  • Remove section 51(xxvi) – which can be used to pass laws that discriminate against people based on their race;

  • Insert a new section 51A – to recognise Aboriginal and Torres Strait Islander peoples and to preserve the Australian Government’s ability to pass laws for the benefit of Aboriginal and Torres Strait Islander peoples;

  • Insert a new section 116A, banning racial discrimination by government; and

  • Insert a new section 127A, recognising Aboriginal and Torres Strait Islander languages were this country’s first tongues, while confirming that English is Australia’s national language.”

For more information see here.

Constitutional Recognition Vs The Voice

Most Australians, including myself, support the constitutional recognition of First Nations people in the constitution, effective consultation with First Nations people on matters that affect us, and reconciliation.

The referendum question should be split into two propositions – one, the recognition of First Nations people in the constitution, and a second on the Voice. There is still a lack of clarity on the Voice and its possible unintended consequences.

The option of achieving this recognition through a preamble was rejected at the referendum on a republic and would be now by many First Nations people. However, as you can see from the example of the Expert Panel’s recommendations, it can be achieved within the body of the constitution without adding in a Voice.

A legislated Voice is still an option that could be considered by the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum which reports back on 15 May. Amendments re a constitutional Voice to executive government are likely to be discussed but considering the composition of the Committee, not much change to the Referendum Working Group/Albanese proposal is likely.

I want to see practical solutions on the ground for my people – closing the gap on the serious disadvantage that exists for my people, money spent where it will count and the voices of grassroots First Nations people heard.

I also believe the First Nations Christian Voice needs to be heard in this debate. More articles on the Voice by my wife can be found on the Daily Declaration and on our website.

I will also be writing on this subject soon from the perspective of my role as co-founder of the Indigenous Friends of Israel.

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Photo by Norman and Barbara Miller.

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One Comment

  1. Kaylene Emery 19 April 2023 at 3:53 pm - Reply

    Thank you Norman. Yours is a vital voice in this discussion and I applaud you from my heart.
    May God continue to bless you both, and those you love.

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