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Appendix 2
Recommendations of the Expert Panel
The Expert Panel made
the following recommendations:
Recommendations
for changes to the Constitution
1 That section 25 be repealed.
2 That section 51(xxvi) be repealed.
3 That a new ‘section 51A’ be inserted, along the
following lines:
Section
51A Recognition of Aboriginal and Torres Strait Islander peoples
Recognising
that the continent and its islands now known as Australia were first
occupied by Aboriginal and Torres Strait Islander peoples;
Acknowledging
the continuing relationship of Aboriginal and Torres Strait Islander
peoples with their traditional lands and waters;
Respecting
the continuing cultures, languages and heritage of Aboriginal and
Torres Strait Islander peoples;
Acknowledging
the need to secure the advancement of Aboriginal and Torres Strait
Islander peoples;
the Parliament shall, subject to
this Constitution, have power to make laws for the peace, order and good
government of the Commonwealth with respect to Aboriginal and Torres Strait
Islander peoples.
The Panel further recommends that
the repeal of section 51(xxvi) and the insertion of the new ‘section 51A’ be
proposed together.
4 That a new ‘section 116A’ be inserted, along the
following lines:
Section
116A Prohibition of racial discrimination
(1) The
Commonwealth, a State or a Territory shall not discriminate on the grounds of
race, colour or ethnic or national origin.
(2) Subsection
(1) does not preclude the making of laws or measures for the purpose of
overcoming disadvantage, ameliorating the effects of past discrimination, or
protecting the cultures, languages or heritage of any group.
5 That a new ‘section 127A’ be inserted, along the
following lines:
Section
127A Recognition of languages
(1) The
national language of the Commonwealth of Australia is English.
(2) The
Aboriginal and Torres Strait Islander languages are the original Australian
languages, a part of our national heritage.
Recommendations on the process for the referendum
a. In
the interests of simplicity, there should be a single referendum question in
relation to the package of proposals on constitutional recognition of
Aboriginal and Torres Strait Islander peoples set out in the draft Bill
(Chapter 11).
b. Before
making a decision to proceed to a referendum, the Government should consult
with the Opposition, the Greens and the independent members of Parliament, and
with State and Territory governments and oppositions, in relation to the timing
of the referendum and the content of the proposals.
c. The
referendum should only proceed when it is likely to be supported by all major
political parties, and a majority of State governments.
d. The
referendum should not be held at the same time as a referendum on
constitutional recognition of local government.
e. Before
the referendum is held, there should be a properly resourced public education
and awareness program. If necessary, legislative change should occur to allow
adequate funding of such a program.
f. The
Government should take steps, including through commitment of adequate
financial resources, to maintain the momentum for recognition, including the
widespread public support established through the YouMeUnity website, and to
educate Australians about the Constitution and the importance of constitutional
recognition of Aboriginal and Torres Strait Islander peoples. Reconciliation
Australia could be involved in this process.
g. If
the Government decides to put to referendum a proposal for constitutional
recognition of Aboriginal and Torres Strait Islander peoples other than the
proposals recommended by the Panel, it should consult further with Aboriginal
and Torres Strait Islander peoples and their representative organisations to
ascertain their views in relation to any such alternative proposal.
h. Immediately
after the Panel’s report is presented to the Prime Minister, copies should be
made available to the leader of the Opposition, the leader of the Greens, and
the independent members of Parliament. The report should be released publicly
as soon as practicable after it is presented to the Prime Minister.
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