Constitutional recognition of Aboriginal people

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PDFConstitutional recognition of Aboriginal people
Image: Simonds / flickr

05 August 2010For the purpose of honouring and recognising the unique historical position of Aboriginal people, the NSW Government proposes to amend the Constitution Act 1902 (NSW) by the insertion of a new section 2A. The proposed section reads as follows:
 
(a) The People and Parliament of New South Wales acknowledge and honour the Aboriginal people as the first people and nations of the State, and 

(b) The People and Parliament of New South Wales recognise that Aboriginal people have a spiritual, social, and cultural relationship with their traditional lands and waters and have made a unique and lasting contribution to the identity of New South Wales. 

(c) Nothing in this section creates in any person any legal right or gives rise to any civil cause of action, or affects the interpretation of this Act or any other law in force in New South Wales.

The Constitution of NSW presently does not have a preamble, nor does it have other express recognition of Aboriginal People.  As the Constitution is an Act of Parliament it may be readily amended by an amending Act and this has been done over 80 times since 1902.

 

Image: Simonds / flickr

Publication typeDiscussion paper
Publisher TypeAPO Member, Government or Gov agency
CoverageAustralia, New South Wales
Permanent URLhttp://apo.org.au/node/22251
Views3357

Related Topics

Aborigines

Constitution

Politics

Indigenous

Justice

Social Policy

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