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The 1967 Referendum

Amending the Constitution 

The 1967 Referendum was a landmark achievement for Indigenous Australians. Following decades of Indigenous and non-Indigenous activism, over 90% of all Australians voted in favour of amending two sections of the Australian Constitution:

 

Section 51 (xxvi)

 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:

...The people of any race, other than the aboriginal people in any State, for whom it is necessary to make special laws.

 

Section 127

In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives should not be counted.

 

According to political historian, Scott Bennett, these sections were originally included in the Constitution because of the widely held beliefs that:

  • Aboriginal people were 'dying out’ and, hence, would soon cease to be a factor in questions of representation. 
  • Indigenous people were not intellectually worthy of a place in the political system. A Tasmanian Member of Parliament (MP) dismissed the need to include indigenous people in a national census: "There is no scientific evidence that he is a human being at all (1)" (2)

What changes were made to the Constitution as a result of the 1967 Referendum?

Following the 1967 Referendum, the words "…other than the aboriginal people in any State…" in section 51(xxvi) and the whole of section 127 were removed, allowing for Indigenous people to be included in the census, and giving federal Parliament the power to make laws in relation to Indigenous people.

 

Prior to the Referendum, making laws for Indigenous people was the responsibility of the states, and laws varied greatly from state to state. For example, Indigenous Australians could own property in New South Wales and South Australia but not in other states. Advocates for the Referendum believed that if federal parliament was granted the power to legislate for Indigenous people, it would act in their best interests, leading to better conditions for Indigenous people.

 

 

Some common misconceptions regarding the Referendum

  • The right to vote: Indigenous people’s right to vote in federal elections was secured by changes to the Commonwealth Electoral Act in 1962, not the 1967 Referendum 
  • Citizenship rights: By 1967, Indigenous people were already legally considered citizens, although many experienced discrimination in their everyday lives
  • Equal rights: Even though the Referendum revealed a desire to extend equal rights to Indigenous people, the referendum did not guarantee equality. The Referendum gave the federal government the power to make laws for Indigenous people, but it did not require that those laws would ensure equality and would not be discriminatory

How did the 1967 Referendum impact Indigenous people in Australia?

Many Indigenous people regard the 1967 Referendum as a symbolic turning point, revealing a widespread desire for Indigenous equality in Australia. Others felt that the Referendum was irrelevant to their lives, having little effect on the daily discrimination they experienced.

 

The Referendum has had a lasting impact on Indigenous policies. It enabled the federal government to pass the (Northern Territory) Land Rights Act, which has benefited many Indigenous Australians. However, despite the assumption that the power given to the federal government by 1967 Referendum would be used only to benefit Indigenous people, in some instances, the changes have been used enact laws that have eroded Indigenous rights. For instance, the referendum enabled the Intervention (or Northern Territory Emergency Response), including the exclusion of Indigenous people from the protection of the Racial Discrimination Act 1975 (Cwlth).

 

The Referendum’s failure to substantially improve conditions for Indigenous people resulted in disillusionment and a new wave of activism in the 1970’s, including the modern land rights movement. It also ensured continuing activism for further changes to the legal system to create equality and rights protection for Indigenous people. 

 

In particular, Indigenous activists today are concerned that the 1967 Referendum did not remedy the Constitution’s original failure to recognise the unique status of Indigenous people as the original inhabitants of the land.

 

Click here for more information about the current campaign to recognise Indigenous Australians in the Constitution.


Stop & Think... The Laws that Frame Our Lives

  • Imagine being born in a country that didn’t think you were worth counting in the Census? How might this affect your self-worth and sense of value in your community? 
  • Given that this is such recent history, can you think about how this is still impacting people in Australia today?
  • In what ways can you imagine Indigenous Australians feeling both encouraged and discouraged in the aftermath of the 1967 Referendum?

 

The very real disparities in well-being measures indicate that there are still some stark issues of inequality faced by Indigenous Australians today. A history of being dealt with in overly authoritarian ways by the government meant that the change of constitution continues to have both positive and negative effects for Indigenous communities, both in their relationship to authorities, and in their day-to-day life in particular communities. 

As we continue to journey forward as a nation, more and more generations will grow up knowing only constitutional equality between Indigenous and non-Indigenous Australians, which will hopefully help nurture more respectful, peer relationships between us all.


Want to know more?

Watch Sharing Our Story Episode 3 to find out more about Indigenous self-determination and recognition in Australia.

To watch the full Sharing Our Story series, click here.

 


References:

  1. Mr O'Malley, 1902, Commonwealth Parliamentary Debates (HR), 1902, p. 11930
  2. Australian Bureau of Statistics, 2004, “The 1967 Aborigines Referendum”, Yearbook Australia
  3. Behrendt, L. 2012, Indigenous Australia for Dummies, Wiley Publishing Australia PTY LTD, Milton, Australia, pg. 449
  4. Behrendt, L. 2012, Indigenous Australia for Dummies, Wiley Publishing Australia PTY LTD, Milton, Australia, pg. 462-463
  5. National Museum of Australia, “The Referendum, 1957-67”, Collaborating for Indigenous Rights
  6. Behrendt, L. 2012, Indigenous Australia for Dummies, Wiley Publishing Australia PTY LTD, Milton, Australia, pg. 987
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