The Forgotten People: Liberal and Conservative Approaches to Recognising Indigenous Peoples

by Damien Freeman

It is easy to assume that constitutional recognition of indigenous Australians is a project of the left in Australia, and something that the right staunchly opposes.

This collection challenges that assumption. It frames indigenous constitutional recognition in the context of conservative and liberal philosophical thought, and demonstrates that there may indeed be a set of reforms for constitutional recognition that can achieve the symbolic and substantive change sought by indigenous leaders, while at the same time addressing the critical concerns of constitutional conservatives and classical liberals. More than that, this collection demonstrates the genuine goodwill that many Australians share for the cause of indigenous recognition that is both practically useful and symbolically powerful.

Prestigious Australian leaders and thinkers from diverse fields, including defence, business, journalism, law and religion, share their thoughts on what recognition means to them and how it might be achieved. Authors including The Australian's Chris Kenny,Major General Michael Jeffery, Cardinal George Pell, Human Rights Commissioner Tim Wilson, Australian Christian Lobby's Lyle Shelton, former Australian Business Council president Graham Bradley, and former Menzies Research Centre director Julian Leeser, offer compelling arguments in support of recognition. Malcolm Mackerras and Lloyd Waddy reflect on their experiences during the 1967 referendum and the 1998 constitutional convention. Constitutional arguments are provided by prominent lawyers, including ACU's Greg Craven, Sydney University's Anne Twomey and UNSW's Fergal Davis.

193 pages, Paperback

First published March 15, 2016

About the author

Damien Freeman is the principal policy adviser at the PM Glynn Institute, Australian Catholic University, and a founding director of Uphold & Recognise. He is the author of several books.

Reviews

[Liam]

In less than 12 months, Australians could be called to the polls to vote on a referendum for Indigenous Constitutional Recognition. While this may not appear to be a divisive issue in terms of the sentiment of our nation, it's crucial to not undermine the potential significance of altering a document as paramount as the Australian Constitution. This short collection of essays discusses the considerations of proposed sections for change as well as introducing new concepts outside the Constitution such as a 'Declaration of Recognition.' The authors raise profound thought from both liberal and conservative perspectives and it has highlighted to me personally the importance of having understanding as well as empathy when it comes to this matter.

[Sean]

Didn't convince me. Why Cardinal Pell and Lyle Shelton had a chapter is puzzling. Some good ideas discussed outside of the Constitution are more convincing and more symbolic and productive.

[Romany]

This felt like a very accessible and sensitive book that offers hope for the future of constitutional reform. I was surprised that there wasn't greater consensus amongst the right as to the best method of officially recognising Indigenous Australians. I don't know why I thought this would be the case! In Part 1, chapter authors (many famous names among them) consider whether Indigenous recognition should be legally enforceable or more symbolic, and if 'enforceable' whether this should occur through a change to the constitution.
Possibilities and proposals are documented in Part 2. Suggestions include the creation (within the constitution) of an Indigenous consultative/advisory body, and the development of an extra-constitutional statement of recognition. Apparently, referendums rarely pass, so any change must be slight. Section 25 of the constitution is particularly problematic and should be repealed, 51 should be amended. Some commentators are still behind the preamble proposal that was put to a referendum in 1999. The book brings up a great number of issues and events I would love to know more about, including the Treaty of Waitangi.