Constitutional recognition proposals

PARLIAMENTARY COMMITTEE RECOMMENDATIONS FOR CONSTITUTIONAL RECOGNITION

- That a referendum be held when it has the highest chance of success

- Both houses of federal parliament sit for a full day to debate the recommendations

- Repeal section 25 of the Constitution, which allows states to prevent people from voting on the basis of race

- Repeal section 51 (xxvi), known as the race power, but retain a persons power so the government can make laws for indigenous Australians.

- Amend the human rights laws to include United Nations Declaration on the Rights of Indigenous Peoples

- Hold constitutional conventions to build support for a referendum

- Hold indigenous specific conventions, with delegates selected to participate in national conventions

THREE OPTIONS FOR CONSTITUTIONAL TEXT

NEW SECTION 51A AND 116A

* 51A would retain power to make laws for indigenous people

* 116A prevents the Commonwealth, state or territory from discriminating on the basis of race, colour or ethnic or national origin

* Does not preclude the making of laws for the purpose of overcoming disadvantage, ameliorating the effects of past discrimination, or protecting the cultures, languages or heritage of any group

* Committee considers this option legally sound, broad and had the overwhelming support of indigenous people throughout the inquiry.

NEW SECTION 80A

* Retains power to make laws for indigenous people "but so as not to discriminate against them"

* Committee considers this option legally sound, clear in meaning, narrow and offers protection from discrimination.

NEW SECTION 60A

* Give power to make laws for the "peace, order and good government of the Commonwealth" with respect to indigenous people

* Provides the law must not discriminate "adversely" against indigenous people

* Committee considers this option legally sound, clean, both narrow and broad, limits the capacity for the federal government and states and territories to discriminate.

(Source: Joint Select Committee into Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples report tabled June 25, 2015.)