Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples: Exploring the Limits of Benevolent Language
View/ Open
File version
Version of Record (VoR)
Author(s)
Bielefeld, Shelley
Griffith University Author(s)
Year published
2014
Metadata
Show full item recordAbstract
This article explores constitutional recognition of Aboriginal and Torres Strait Islander peoples, a topic of ongoing debate.1 It considers Australia’s history of failing to protect Indigenous peoples from racially discriminatory legislation, and the problem of cultural racism which remains in contemporary law and policy. The article evaluates recommendations of the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples which refer to the notion of ‘advancement’ and prohibition of racial discrimination unless it is for the purpose of ‘overcoming disadvantage’.2 These issues are critically ...
View more >This article explores constitutional recognition of Aboriginal and Torres Strait Islander peoples, a topic of ongoing debate.1 It considers Australia’s history of failing to protect Indigenous peoples from racially discriminatory legislation, and the problem of cultural racism which remains in contemporary law and policy. The article evaluates recommendations of the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples which refer to the notion of ‘advancement’ and prohibition of racial discrimination unless it is for the purpose of ‘overcoming disadvantage’.2 These issues are critically analysed in light of current law and policy intended to be beneficial for Australia’s First Peoples: the new Indigenous Advancement Strategy announced in the 2014–15 Federal Budget; and the Improving School Enrolment and Attendance through Welfare Reform Measure (‘SEAM’). These matters suggest that more robust constitutional protection of the rights of Indigenous peoples is necessary to guard against racial discrimination that can be entrenched in purportedly benevolent law and policy.
View less >
View more >This article explores constitutional recognition of Aboriginal and Torres Strait Islander peoples, a topic of ongoing debate.1 It considers Australia’s history of failing to protect Indigenous peoples from racially discriminatory legislation, and the problem of cultural racism which remains in contemporary law and policy. The article evaluates recommendations of the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples which refer to the notion of ‘advancement’ and prohibition of racial discrimination unless it is for the purpose of ‘overcoming disadvantage’.2 These issues are critically analysed in light of current law and policy intended to be beneficial for Australia’s First Peoples: the new Indigenous Advancement Strategy announced in the 2014–15 Federal Budget; and the Improving School Enrolment and Attendance through Welfare Reform Measure (‘SEAM’). These matters suggest that more robust constitutional protection of the rights of Indigenous peoples is necessary to guard against racial discrimination that can be entrenched in purportedly benevolent law and policy.
View less >
Journal Title
Indigenous Law Bulletin
Volume
8
Issue
15
Copyright Statement
© 2014 Indigenous Law Centre and the author(s). The attached file is reproduced here in accordance with the copyright policy of the publisher. For information about this journal please refer to the journal’s website or contact the author(s).
Subject
Law and Society
Aboriginal and Torres Strait Islander Policy
Policy and Administration
Law