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Research Note 21 1997-98

The 1998 Women's Constitutional Convention

Dr Jennifer Curtin
Politics and Public Administration Group
23 January 1998

Introduction

In 1897, Elizabeth Nicholls (temperance activist) noted, 'unless Australia is federated in the interest of women as well as men, our national life will be one-sided, inharmonious and dwarfed'.(1) The Women's Constitutional Convention (WCC), to be held at Parliament House in Canberra on 29-30 January 1998, aims to ensure that the debate concerning the potential shift to a republic is not one-sided but includes the interests of women. The WCC is being convened by a Steering Committee formed by six non-government organisations (Australian Women Lawyers, Constitutional Centenary Foundation, National Women's Justice Coalition, Women's Electoral Lobby, Women into Politics and YWCA Australia). The Convention will be attended by representatives of women's organisations and individual women. All women delegates to the People's Convention have also been invited to attend. In this way, the WCC seeks to provide women from all walks of life with the opportunity to participate in discussions regarding constitutional reform and models for a republican Australia.

Participation by women in the 1890s

Focusing on who was present at the constitutional conventions of the 1890s highlights that the 'process of designing Australia's political institutions was exclusively male'.(2) Catherine Helen Spence stood for election as a convention delegate in South Australia but was not successful. Women in South Australia were eligible to vote for the 1897-98 Convention and in the two referendums which followed.(3) Western Australian women could vote when the Constitution Bill (1900) was put to referendum, but women in NSW, Victoria, Tasmania and Queensland were not entitled to vote or stand in the convention elections, nor could they vote in the constitutional referendums.(4)

Nonetheless, outside the conventions the extent of women's political activity around federation was significant, given the traditional view that a woman's role did not include voicing her political opinions in public. Women's committees, both in support of and in opposition to federation, sprang up all around the country. Women members took up public speaking, conducted exchanges in the press, undertook fund raising and educated other women about the draft Constitution. Once the conventions began, several women's groups tabled petitions, requesting that women be included in Commonwealth suffrage and for this to be written into the Constitution.(5)

Women and the 1998 People's Convention

The Coalition Government specifically provided for the representation of Aboriginal people and young people in the Constitutional Convention (Election) Act 1997 and a proper balance of women was also promised in the legislation. In an effort to secure this proper balance, the Women's Electoral Lobby argued in their submission that each group standing for election should be made to alternate men and women nominees on their ticket. While this demand was not included in the final Act, several tickets, including the two major groups, the Australian Republican Movement and Australians for a Constitutional Monarchy, did alternate men and women. As a result, in NSW, Queensland, WA, Tasmania and the ACT women attained 50 per cent representation in at least one of the major organisations.

The overall percentage of women delegates to the Convention stands at 35 per cent (see Table). Women are almost half of the Government-appointed delegates, and 38 per cent of the elected delegates. However, by making political representation in state or federal parliament a condition for 40 positions, the gender imbalance amongst premiers and opposition leaders at state level, and in both major parties federally, has contributed to the under-representation of women as parliamentary delegates.

The presence of federal and state parliamentarians is necessary since, compared to the 1890s, the electorate is much larger and many voters know little about the Constitution and Australia's system of government.(6) While an elected convention without politicians would 'deny to the process of constitutional review access to a body of relevant experience on the operations of government',(7) the dearth of women parliamentary delegates highlights how institutionalised political inequality can permeate a range of important decision- making arenas outside of parliament.

Table 1: Delegates to the 1998 Constitutional Convention

 

Total

Women

Women as a % of total
Federal Parliamentary Delegates

State/Territory Delegates

Appointed Delegates

20

20

36

5

2

17

25

10

47

Sub Total

Elected Delegates

76

76

24

29

32

38

Total

152

53

35

 

The Women's Constitutional Convention (WCC)

The WCC is an additional rather than an alternative forum for women, initiated by women from several non-government women's organisations. While it has no official link to the People's Convention, it nevertheless seeks to enhance both the education of women and the representation of women's interests with respect to a republic. Survey research suggests that women think they know less about civic issues than men. In response, the Civics Expert Group highlighted the important role education has in reversing this trend.(8) In an effort to enhance women's understanding of the constitutional issues under consideration, a series of information and discussion sessions will be staged at the WCC. Papers will be presented by academics and practitioners on republican models, the role of head of state and whether constitutional reform should include a bill of rights, a change to the constitutional preamble and/or reform of the electoral system. Smaller discussion groups will then examine in more detail points raised by these papers, thereby providing all women with an opportunity to discuss the range of possible alternatives.

The WCC aims to enhance the representation of women's interests at the People's Convention by preparing a list of outcomes or positions resulting from group discussions. Organisers acknowledge that total agreement between a diverse range of women will be difficult to achieve. However, a final session will seek to arrive at a general WCC position on what future directions, visions and positive resolutions best reflect the views and concerns of the women present, which will then be tabled at the People's Convention.

Conclusion

With our existing constitution being drafted by an elected constitutional convention, a precedent was set for popular involvement in constitution-making in Australia. The aim of the 1998 People's Convention is to 'give the Australian people their proper voice' in the discussion of Australia's constitutional future.(9) In addition to representation by appointed and elected women delegates (although not 50 per cent), Australian women have mobilised to ensure an increased voice for themselves through the WCC. It is unlikely that all the subjects covered or resultant WCC resolutions will be addressed during the People's Convention, since the latter's focus has been limited to the issue of the republic. Nevertheless, the WCC goes some way towards providing Australian women their 'proper voice' in this historic debate.

  1. Cited in H. Irving, 'Fair Federalists and Founding Mothers', in H. Irving, A Woman's Constitution, Southwood Press, Marrickville, 1996, p. 17.
  2. H. Irving, 'Equal Opportunity, Equal Representation and Equal Rights?: What Republicanism Offers to Australian Women', Australian Journal of Political Science, vol. 31, no. 1, 1996, p. 42.
  3. This only applied to white women.
  4. C. Saunders, 'Introduction', in J. Hoorn and D. Goodman, Vox Reipublicae: Feminism and the Republic, La Trobe University Press, Melbourne, 1996, pp 1-2.
  5. H. Irving, 'Fair Federalists and Founding Mothers', 1996, pp 12-15.
  6. C. Saunders, 'Women in a Convention in the 1990s', in H. Irving, A Woman's Constitution, Southwood Press, Marrickville, 1996, p. 155.
  7. loc. cit.
  8. Civics Expert Group, Whereas the People .... Civics and Citizenship Education, AGPS, Canberra, 1994, p. 101.
  9. Downer cited in H. Irving, 'Giving Voice to the People', Sydney Morning Herald, 3 February 1997, p. 15.

 

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