While there has been widespread publicity about a proposed referendum on recognising Indigenous Australians as our nation’s first people in the constitution, it has been less heralded that Local Government’s constitutional quest has also gained ground.
Prime Minister Julia Gillard has reaffirmed her promise of a dual referendum on both issues (see page 12 article).
The national apology to the stolen generation in 2008, and the recent introduction of Welcome to Country ceremonies at the beginning of each new parliament have strengthened the bridge of respect between Indigenous and non Indigenous people.
The recognition of Aboriginal and Torres Strait Islander people in the Constitution is the next step on that journey.
Similarly, the 2009 Pape Case has further highlighted the importance of constitutional recognition for Local Government. This High Court ruling stated that the Federal Government was within its rights to respond to the economic crisis, but that it did not have the right to spend money outside of its constitutional powers.
This cast a shadow of doubt over the Commonwealth’s power to directly fund councils through financial assistance grants and specific purpose payments, as constitutionally, councils are the responsibility of the States.
Recognition in the constitution is the only way to overcome this.
However, the question of whether or not we should combine the drive for the recognition of both Indigenous Australians and councils at the one referendum is unclear.
No doubt, both questions are extremely important for our nation’s future, but will they be given equal and just consideration if they are presented together?
Changing the constitution has long proved a difficult task – and history has shown that simplicity is key.
Of 44 attempts in nearly 110 years of Federation, just eight referenda have been successful.
One of those was the decision in 1967 to include Aboriginal people in the census and their right to vote.
However there was a failed attempt to include Indigenous Australians in the preamble to the constitution in a referendum in 1999. This referendum was held in conjunction with the question of whether or not we should become a republic.
Penned by poet Les Murray and then Prime Minister John Howard, the version attracted much controversy and was ultimately rejected by nearly 60 per cent of voters.
To be successful, a referendum must attract a majority vote nationally, plus a majority of votes in a majority of States.
The question is, what attracts a majority vote as in 1967, over a dismal failure as we saw in 1999?
To begin with, the 1967 referendum had bipartisan support.
Both proposed questions are off to a good start in this respect, as they both have widespread support from the major political parties. But, to have real effect, this support must be replicated in the wider community and key to this is having a clear, simple statement that can win over the voters.
The most difficult task will be devising a statement that can win broad support. Rather than pushing the referendum through in time for the next election, Local Government must ensure it has the wording and case exactly right, and councils must do the groundwork in their own communities to help ensure that each community votes ‘yes’.
Without the support of the majority of Australians, this reform will not succeed and if it fails this time, it will be a long haul before it gets another chance.
