Shayne Neumann, Shadow Minister for Indigenous Affairs writes on the need to change our Constitution.

The Constitution of Australia contains racial references, which in the 21st century have no place in a modern Australia. Churches and those who adhere to the Christian faith should be at the forefront of constitutional change, like their predecessors prior to the 1967 Referendum.

The Constitution is the nation’s foundational legal document and the legal framework between the levels of Government in the country. It is the “grand bargain” between the colonies and it forgot those who lived on the continent for millennia, except to tacitly permit their exclusion from voting (Section 25) and to exclude the new Commonwealth Government from having the power to make laws for Aboriginal and Torres Strait Islander people (Section 51 (xxvi)).

For nearly six decades after Federation Australia’s First Peoples were denied the right to vote, subjected to egregious discrimination and had their families and communities harmed by the dispossession of their land, the destruction of their languages and the separation of their children.

In the post-Federation era, the call for constitutional change to Section 51 (xxvi) to empower the Commonwealth Government with the capacity to pass laws in respect of Aboriginal and Torres Strait Islander people, was about a demand to abandon assimilation and a plea for Commonwealth Government money and support to address disadvantage, permit self-determination, and recognise land rights. It took the High Court decision in Mabo and the subsequent Native Title legislation for Australia to abandon the notion of terra nullius, namely that Australia’s history did not begin when Captains Cook and Phillip started to show some interest in the place.

Often with ignorance and sometimes with inadvertence, the Churches contributed to Australia’s conduct, shame and tragedy with respect to its Indigenous peoples. At the same time, Christians were amongst the early advocates for Indigenous justice in the decades following Federation. Their efforts contributed to the success of the 1967 referendum.

The 1967 referendum successfully proposed to include Indigenous people in the census; and to allow the Commonwealth Government to make laws for Indigenous people. Contrary to public misconceptions, it did not give Indigenous people the right to vote – this happened in 1962. While the 1967 referendum did not address equal rights, it did require the Commonwealth Government to enact legislation which would achieve better rights for Indigenous people.

The role of the Church in this process is not always appreciated. Following Federation, churches and mission organisations lobbied federal and state governments to agree to a scheme giving responsibility for the human and civil rights of Indigenous people to the Commonwealth. While most of us recall the ground breaking moment when Prime Minister Kevin Rudd delivered the national apology to the stolen generation in 2008, churches had been calling for a national sentiment of sympathy and compassion for almost 100 years beforehand.

The anti-slavery movement which sprang out of the rise of Protestant Evangelicalism in Britain was represented in Australia by Christians of many denominations who advocated for the protection of Indigenous people facing the real risk of extermination during colonial days and thereafter. Christians were among the early advocates for constitutional reform, calling for the Commonwealth to take control of Indigenous affairs. Most notably Rev William Morley – the Secretary of the Protection of the Native Races and Archdeacon Charles Lefroy, from the Anti-Slavery and Aborigines Protection Society in the 1920s and 30s. Christian campaigners continued to lobby for reform right up to the 1967 referendum. They spoke with moral authority and were helpful in delivering an overwhelming result, with 90 per cent of electors voting YES.

At a similar time in the United States, Churches were at the forefront of the civil rights movement. Dr Rev Martin Luther King contributed to real advancement for civil rights through non-violence, the power of his words and the conviction of his faith. Likewise, South African leader Nelson Mandela did much for national reconciliation by forgiving those who oppressed and punished him for standing up for equal rights. His motivation springing from his deeply held faith and conviction, which assisted in transforming South Africa.
In Australia, the Churches’ role in reconciliation did not end in 1967. Since the 1990s, churches in Australia have made official statements of apology, sorrow and regret for their role in the injustices suffered by the stolen generation. Churches and Christian leaders have been at the forefront of the reconciliation movement, which was formalised by the national apology, and the recognition movement which now seeks constitutional change to acknowledge the First Peoples of Australia.

For Christians, reconciliation of humanity with God and with one another is crucial to their understanding of faith and to the gospel itself. The words of Jesus in the Sermon on the Mount exhort his followers to hold fast to being peace makers (Matthew 5:9). His words in the temple conveying his presence and mission are all about helping the poor, the persecuted and the less powerful (Luke 4:14-19).

In this context reconciliation of Indigenous and non-Indigenous peoples in Australia must be integral to the expression of faith for Christians. This is often expressed individually in devotion and dedication. But this faith demands collective action also. So churches should be at the vanguard of reconciliation; not timid or shy about it, but in leadership and activism; as it was in 1967. Churches should see constitutional recognition as part of the reconciliation process – the next step if you will, along a pathway of national recognition.
For Indigenous people, their land, language, culture and prior occupation must be recognised. And after 230 years of experience they yearn for a constitutional prohibition against discrimination. This is why Indigenous people were so vocal and outspoken against the Abbott Government’s attempts to water down protections against hate speech in section 18C of the Racial Discrimination Act.

Christians and their churches should be compelled by faith into action towards reconciliation through constitutional recognition.

Just as faith without works is dead (James 2:26), so reconciliation through constitutional recognition must be real and substantive.

Further, it must be politically bipartisan. Christians should assist in the process by pressuring politicians – both right and left – towards reconciliation. Bipartisanship is the only hope for constitutional recognition. Our record as a nation with only eight successful referenda out of 44 is not a good one.

In a country where 70 per cent of people still believe in God, churches have a role to play through their experiences, their numbers and with some authority, in bringing all political parties together in the next step along the national journey towards reconciliation.

In the words of the RECOGNISE movement: “It’s time to recognise Aboriginal and Torres Strait Islander peoples in Australia’s Constitution. It’s the right thing to do.”

This is the first in a series of articles on changing the Australian Constitution to recognise Indigenous peoples. Former Deputy Prime Minister John Anderson will be one of a number of prominent Australians writing for Eternity.

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