Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution: Expert Panel Report

Current multiparty support has created a historic opportunity to recognise Aboriginal and Torres Strait Islander peoples as the first peoples of Australia, to affirm their full and equal citizenship, and to remove the last vestiges of racial discrimination from the Constitution. The Expert Panel was tasked to report to the Government on possible options for constitutional change to give effect to indigenous constitutional recognition, including advice as to the level of support from indigenous people and the broader community for these options. In formulating its recommendations, the Panel adopted four principles to guide its assessment of proposals for constitutional recognition of Aboriginal and Torres Strait Islander peoples, namely that each proposal must: • contribute to a more unified and reconciled nation; • be of benefit to and accord with the wishes of Aboriginal and Torres Strait Islander peoples; • be capable of being supported by an overwhelming majority of Australians from across the political and social spectrums; and • be technically and legally sound. Between May and October 2011, the Panel conducted a broad national consultation and community engagement program to raise awareness about the question of constitutional recognition of Aboriginal and Torres Strait Islander peoples. The program included public consultation meetings, individual discussions with high-level stakeholders, presentations at festivals and other events, a website, and a formal public submissions process. To ascertain the views of a wider spectrum of the community, and to help build an understanding of the likely levels of support within the community for different options for constitutional recognition, the Panel commissioned Newspoll to undertake quantitative and qualitative research between February and November 2011. The Panel placed a strong emphasis upon ensuring that its consultation program enabled it to capture the views of as many Aboriginal and Torres Strait Islander people and communities as possible within the available timeframes. It also sought legal advice from leading practitioners of constitutional law on options for, and issues arising in relation to, constitutional recognition to ensure that its proposals were technically and legally sound.