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Opportunities And Challenges In Changing The Constitution Case Analysis

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Critically analyse the opportunities and challenges in changing the Constitution, using the Voice.
The issue of Indigenous recognition and representation in Australian politics has been longstanding, with calls for a constitutional amendment to establish a First Nations Voice to Parliament gaining traction in recent years. The Voice is a significant step towards reconciliation and recognition of Indigenous Australians, addressing the historical exclusion and ongoing marginalization of Indigenous voices in the country's political processes. However, the proposed referendum on a First Nations Voice is a complex and multifaceted issue that requires careful consideration and debate. In contrast, the inclusion of a Voice has the potential to address …show more content…

The Voice would enable Indigenous peoples to have a say in decisions that affect them and allow them to participate in the democratic process. It would also provide an opportunity to recognize and celebrate Indigenous cultures, languages, and histories, thereby promoting reconciliation and healing.
The Mabo [NO 2] (1992) 175 CLR 1 case is significant in the context of the proposed First Nations Voice. [3] The case involved the recognition of native title, which is an important legal principle that recognizes Indigenous Australians' connection to the land. The case overturned the legal fiction of terra nullius, which had been used to justify the colonization of Australia by denying the existence of Indigenous Australians' prior occupation of the land. Recognizing native title in the Mabo case was a significant step towards acknowledging Indigenous Australians' connection to the land and recognizing their rights as traditional landowners. In addition, the case established the principle that Indigenous Australians have a continuing connection to the land and the right to access and use the land by their traditions and customs, which are significant aspects of Indigenous culture and …show more content…

[9] The authors contend that the Australian Constitution has historically been used to marginalize Indigenous Australians and that any attempts at constitutional change must be cognizant of this history. The authors argue that the current constitutional framework in Australia needs to be revised to address Indigenous issues, particularly concerning the recognition of Indigenous rights and the participation of Indigenous Australians in the political process. They contend that a First Nations Voice to Parliament and a Makarrata Commission are essential components of constitutional change in Australia. They would provide a framework for Indigenous self-determination and recognizing Indigenous

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After 10 long years Torres Strait Islander Eddie ‘Koiki’ Mabo has lead indigenous Australians to a victory over the Queensland government. This win this case is a historical moment, as of yesterday, the indigenous Australians have been recognised as the owners of Murray Island. Aboriginal and Torres Strait Islanders are known to have resided in Australia, 40,000 to 60,000 years before the British arrived in 1788. When the British took over they decided to take all the land for themselves even though the indigenous Australians were here first. This court case recognises indigenous Australians unique connection to the land and acknowledges that they have the rights to the land.

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On 27 May 1967 a Federal referendum was held. The 1967 referendum did not give Aboriginal and Torres Strait Islander peoples the right to vote. That right had been legislated for Commonwealth elections in 1962, with the last State to provide Indigenous enfranchisement being Queensland in 1965. Aboriginals and Torres Strait Islanders have had multiple campaigns to try and uphold the same rights as white people. The 1967 referendum was a public vote to determine the public 's opinions of two aspects of the Australian constitution (a written statement which outlines the country 's rules and regulations) that related directly to Indigenous Australians.

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Formed in 1957, the Federal Council for the Advancement of Aborigines and Torres Strait Islanders commenced their campaign with a series of petitions displayed in Source 4 that called for a referendum. This had the effect of not only mobilising support for a change to the constitution but also of informing the public of the issues facing Aborigines. Over the course of the campaign, more than 100,000 signatures were collected and presented to the Parliament in 94 separate petitions (NMA, n.d.). This was a key factor in changing politicians’ minds and the government’s stance (Koori Mail, 2007). A key factor of the support of the referendum by non-indigenous Australians was the Federal Council for the Advancement of Aboriginals and Torres Strait Islanders ‘Yes’ campaign.

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They had their own traditional laws and customs and held a very strong and deep-rooted connection to their land. The British policy of the land being terra nullius, or “nobody’s land”, infringed the rights and customs of the Aboriginal and Torres Strait Islander people. The concept of terra nullius robbed the Indigenous population of their right to have possession of their traditional and revered land. Mabo firmly believed it was not the white government’s responsibility to deny rights to traditional Indigenous land.

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The government eventually passed the native title in which stated that the laws and regulation for the courts follows in future claims. This had all happened in 1993. Many non- indigenous people did not understand why Mabo had put so much effort into all this when it was just land. They did not realize the issue that Mabo was stating, butF why would the non-indigenous people see a problem.

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The Howard government’s policy of “practical reconciliation” has been a failure on two substantial levels which resulted in failing to benefit Indigenous Aboriginals. First the policy ignores the significance of “symbolic reconciliation” which provides justice to Indigenous people. Second, the policy, although set out to improve the socio economic disadvantage experienced by Indigenous Australians, did not actually succeed. The election of John Howard’s government in 1996 marked the beginning of a discursive shift away from the view of social justice which has been a target pursued by the Council of Aboriginal Reconciliation and supported by the previous Labor government. The new Howard government refused to accept the approach of previous

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This paper will give an overview of the act and how it impacted the Indigenous community into becoming

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The speech was made as the prime minister had some concerns about the daily challenges that the Indigenous people had to tackle. It was made to capture the harsh truths about Australian history, and to use them as a beginning for building trust in the government’s motives among Indigenous Australians. The speech was created not only to help those Indigenous to help the civil rights movement but also to challenge what it would be like if those average white Australians experienced such injustices. It had been an historical event because it was the first time an Australian Prime minister had widely spoken about Indigenous discriminations that they have or had been experiencing. “Recognition that it was we who did the dispossessing.

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As stated in the handout given in class, “The referendum provided a vehicle for change by empowering the Commonwealth to protectionism and assimilation.” Before the referendum, the States of Australia made laws which discriminated against and denied basic human rights such as being free to live where they wish, having access to education, receiving the same wages as non-Aboriginal people, etc. to Aboriginal people. The referendum did not guarantee such change — For the first five years after the referendum the Australian Government did not make any significant changes, as the referendum did not actually give the government full responsibility to make positive changes for Aboriginal people, it simply “opened the door for Australian Government involvement” as put by the Australian Constitution and 1967 Referendum Fact Sheet. The ongoing political commitment would be the only way to make sure the changes stayed in place; Something that fell short 50 years

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One of the most significant events in Aboriginal peoples struggle for rights in Australia was the Mabo decision in 1992. This event took away the myth of terra nullius from Australian law and would recognise rights that Aboriginal and Torres Strait Islander peoples have to the land and waters according to tradition. Thus, creating way for the legal recognition of native land titles (Loos & Mabo, 2013). This essay will explain the impact of the Mabo decision, what events led to this event and what impact this has on Australian people today.

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This highlights how the acquisition of rights for Aboriginal people was a fractured process as they still faced discrimination in the wake of changes that were meant to work in their favor. Although the Referendum did not increase the rights of Aboriginal people, it is still important in the Aboriginal Rights movement as it created the possibility for the Federation to create laws that could benefit or support Aboriginal

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An Australian Republic is about us — not the Queen, not Prince Charles or the world economy. We should do it now, without delay. As Nelson Mandela once said, “ For to be free is not merely to cast off one 's chains, but to live in a way that respects and enhances the freedom of others.” Until we break our last Constitutional links to the mother country, our nationhood is incomplete. Now after just over 115 years of Federation, Australia must finally join the world of nations as a full equal, unshackled to any other nation.

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Since the arrival of the first fleet, through to 1945, Australia has made important progress in improving Indigenous freedoms and rights. This progress has been marked by protest movements like the freedom rides, policy changes such as the 1967 referendum, and legal victories such as the 1992 Mabo case. However, there are still significant challenges, including socio-economic disparities and struggles for land rights, that still prevent equality today in Australia. Australia has significantly improved Indigenous rights and freedoms from the first fleet to 1945. A way their rights were recognised and respected was through the 1965 Freedom Rides.

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Our nation has inflicted relentless bullying onto innocent souls, begging for respect by their own country. It is not too late to mend these souls and restore the respect they so rightfully deserve and desire for. To stitch the wounds of these hearts, injected by our own country’s actions, change the date of Australia date to accept the Indigenous

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Abstract Being an aborigine in a white dominated society is a complicated identity. Australia, one of the white governed nations, also owns many aboriginal tribes. They lived harmonious lives in the early period. But European colonization has made a profound effect on the lives of Aboriginals in Australia, which led to the total demolition of their native culture, identity and history. As a result the new generation Aboriginals have lost their Aboriginal heritage and have been accepted neither by Aboriginals nor by whites.

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