Wednesday 4 January 2017

Constitution of Australia

Aboriginal civil rights have been a highly debated topic in Australia for the past century. From the 1920’s to the constitutional referendum in 1967 many events occurred that shaped the advancement of Aboriginal rights. The sheer volume of significant events during this time period are too great to enlighten on all of them so I will aim to touch on the rights of Aboriginal people before this time period, the foundation of Aboriginal political activism, the Day of Mourning and the Cummeragunja walk off, International pressure against Australia, and the 1967 referendum.


It was not until the late 1930’s and 1940’s that really caused the Aboriginal rights movement to really surge with the combination of international pressure on the Australian government grouped with Aboriginal political activism during this time period. In order to get an understanding of the progress of Aboriginal Rights from the 1920’s all the way to the 1967 pay using google wallet referendum we must look at the Aboriginal Rights before this time frame.

The Constitution of the Commonwealth of Australia came into effect in 1901 officially making Aborigines a “state responsibility” (Prentis, 2008). The constitution came into effect during a time period where Aborigines had no political power and were essentially excluded from gaining Australian citizenship (Chesterman, 1997). There were two sections of the Constitution that lead to great debate and the constant struggle for the advancement of Aboriginal rights for the next seventy years.

Sections 51 of the Constitution states “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…(xxvi) The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws” (Attwood, 2007). Many, including Chesterman, have considered this section of the Constitution to exclude people of the Aboriginal race regarding laws. However looking deeper this policy was mainly focused on dealing with “alien races” rather than the native races.

The confusion that arose from this section was the interpretation by the States that were authorized control over Aboriginal affairs in the given State. Section 127 of the Constitution deliberately states that Aboriginal natives shall not be counted in the population of Australia. This section of the Constitution should reveal a glowing issue with racist views of Australian’s during this time period. With these two sections being written and put into effect in 1901 the Commonwealth was effectively rejecting citizenship rights to Aborigines.

Aborigines’ rights were even further diminished when in 1902 the Commonwealth introduced the Franchise Act. The Franchise Act of 1902 stated, “No aboriginal native of Australia, Asia, Africa or the Islands of the Pacific except New Zealand, shall be entitled to have his name placed on an electoral roll, unless so entitled under Section 41 of the Constitution” (Attwood, 2007). The racial politics occurring during this time effectively barred Aboriginal people from voting.

The Commonwealth Franchise Act of 1902 ended up disenfranchising Aboriginal people for almost sixty years. With the 1920’s we start to see formation of political groups that speak out for Aboriginal rights. The Australian Aboriginal Progressive Association was formed in 1925, lead by Fred Maynard. The AAPA was one of the first Aboriginal political organizations formed in the 1920’s. The aims of the organization set a precedent for other Aboriginal protest groups and speak out against the political oppression Aboriginal people faced (Maynard, 1997).

Although the group did not last for an extensive period of time the foundation they laid for political activism played a significant role in the advancement of Aboriginal rights. Very early on the AAPA petitioned the Protection Board on civil rights and land rights. Fred Maynard and the AAPA lead the campaign for “Aborigines to be fully assimilated and left in control of their children” (Flood, 2006). The main importance of this group was essentially being one of the first Aboriginal political organizations to form to take action against state and federal legislation in Australia.

During the 1920’s and 1930’s Australia began to see a rise in political activism among the Aboriginal people. During this time period Australia saw Aboriginal political organizations being “founded in New South Wales, Western Australia, Victoria, and South Australia: the AAPA, The Native Union, the AAL, the Australian Aborigines Association (AAA), the Euralian Association, and the Aborigines Progressive Association (APA)” (Attwood, 1999).

All of these political organizations fought for similar rights for aboriginal people, but they were all fought on local levels. The two organizations that were somewhat successful at becoming national organizations and representing Aborigines throughout Australia were the Australian Aborigines League and the Aborigines Progressive Association. Both groups fought for similar causes. These two groups although advocating for policy change in different regions of Australia worked together and organized two significant events that occurred during the 1930’s.

Arthur Burdeu was considered the creator of the Australian Aborigines League, which formed in the 1930’s. The major significance that lead to the AAL becoming a national organization rather than a local organization was set in how the members viewed the role of the League. Arthur Burdeu stated that the AAL represented “the aboriginal problem from the dark man’s point of view” (Attwood, 2004).

William Cooper stated that the AAL was “the Dark Man’s own ameliorative effort for his own race” (Attwood, 2004). Both these men were significant figures in the Australian Aborigines League and were implementing the view among their organization that it was their, Aborigines, fight and organization and used this as a way to speak out for the Aboriginal population of Australia. Jack Patten, William Ferguson, and Pearl Gibbs founded the Aborigines Progressive Association in the late 1930’s.

The APA’s focus was aimed at “citizenship for Aborigines and assimilation into white society”(Broome, 1982). However Broome would later go on to note that assimilation during the late 1930’s was met with racism as it was seen as a radical policy because most white Australian’s still believed the notion that Aborigines would eventually die out. The APA was most notably remembered for their role in the organization of the Day of Mourning in 1938 (Prentis, 2008).

As previously noted these two groups, the Australian Aborigines League and the Aborigines Progressive Association were the two most prominent and influential Aboriginal political groups to be formed during this time period. “These groups relied on mainly on conventional interest group tactics: meeting with state and federal officials to present grievances, petitions to the Crown, and presentations to government organized conferences on Aboriginal issues”(Gurr, 1983).

These two groups were significant in voicing the direction of what Aboriginal people expected from the government regarding civil rights and this could not have been any clearer than the Day of Mourning protests in 1938. The Australian Aborigines League and the Aborigines Progressive Association organized the Day of Mourning Protests in 1938. The main purpose of this protest was to voice to the government the glaring issues of Australia’s past and to gain rights other Australian’s have been entitled to for years.

“The manifesto heralded a different, more radical spirit of protest”(Alexander, 1997) which was needed to spark the public’s awareness of the exclusion that was taking place. The two organization leaders detailed the political agenda and argued that many Indigenous people were civilized and should be entitled to full citizen rights. “We ask for equal education, equal opportunity, equal wages, equal rights to possess property, or to be our own masters – in two words: equal citizenship! ” (Patten, 1938).

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