The Constitution on Aboriginals

It’s a popular but mistaken belief that Aboriginals were first given the right to vote in the 1967 referendum.

Although I was a teenager in 1967 and unable to vote in the referendum, I heard many discussions about it. I recall there was a great deal of confusion over its wording or legal meaning. The general impression I received from the adults in my life was that the referendum:

·        would give Aboriginals citizenship; and

·        would give Aboriginals the right to vote; and

·        that these changes were long overdue.

Nonetheless, it would be rude of me to suggest that nobody understood the real meaning of the referendum’s proposals.

There are only 3 main sections in the original constitution that refer directly or even indirectly to Aboriginals. These included:

·        Aboriginal voting rights (S 41);

·        the Commonwealth could make special laws with respect to anyone except Aboriginals (S 51); and

·        Aboriginal people should not be counted in the census (s 127).

In part, the confusion may have arisen after the Warburton Ranges scandal showed whitefellas what was being done (or not done) in their name. It was widely believed the Federal Government had done nothing to help Aboriginals in the past was because they had no Constitutional power over a state matter.

Aboriginal, white and mixed groups campaigning for change were looking for full voting rights, and fullrecognition of Aboriginal citizenship. Posters urging people to vote Yes in this referendum carried simple messages such as “Vote Yes for Aboriginal Rights”, and “Right Wrongs Write Yes for Aborigines”.