Constitutional Recognition of Indigenous Occupant of Australia

Constitutional Recognition of Indigenous Occupant of Australia

The basic framework of law is the constitution. At the time the constitution of Australia was drafted, the aboriginal people of Australia were considered as ‘dying race’ therefor they were not included. In this case, a nation was built without consulting the original settlers. This paper aims at finding a possible solution to the long debated constitutional recognition of the aboriginal people of Australia. It contains a positional recognition and advisable would be changes in the Australian constitution.

Racial Discrimination

A fundamental way of alienating racism and racial discrimination is recognition. It identifies a person and therefore triggers respect towards the identified (Langton, 2013). One aspect is the symbolic recognition of the cultural ways of the aboriginal Australian people. This would preserve their ways and trigger respect.  A constitutional right toward involvement in fundamental politics and leadership is also important. Greg Sheridan (2015), differs in opinion; he argues in terms of equality among all human beings irrespective of cultural recognition. With this in mind, it is therefore advisable to move with caution, changes made to the constitution should bear in mind the fundamental human right.

What the Constitution Should Address

With regard to constitutional recognition, possible amendments to the constitution should address the following: for example, the right to ownership of land and water within their territory is substantially significant ( Pearson, 2014). It is also of great importance that the constitution recognizes the various representatives within the aboriginal communities. This will promote their involvement in matters concerning the wider nation and constitutional reforms.

Reforms to be Made

It is clear that even in movement toward a referendum, several aspects should be clearly analyzed before any reforms are made to the constitution. For example, the right to rule the children’s future should be analyzed and terms defined in order to prevent conflicts with the fundamental human right. One of the possible benefits of this change in the constitution is the establishment of a stronger relationship between the aboriginal Australian and the normal citizens.


Pearson, N., 2014. Race, recognition and a more complete common wealth. A Rightful Place, pp. 16-35.

Langton, M., 2013. Indigenous Exceptionalism and the Constitutional ‘Race Power’. Space Pace Pace and Culture, pp. 2-25.

Sheridan, G., 2015. The Case for Indigenous Ronstitutional Recognition. The australian, pp. 1-2.


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