Discussion paper response

John R Pyke
What is your full name?
John R Pyke
What is your postal code?
Do you support recognising Aboriginal and Torres Strait Islander peoples by changing the Constitution or making some other kind of legal change?
What should the change look like?
See my answers below. The Const needs a new preamble, not only to recognise the first peoples, but to state our identity properly. We also need to change the "race" power and to prohibit racial discrimination.
Should we have a statement that acknowledges the First Peoples of Australia?
Yes. This should be in the Constitution.
Where is the best place to put it?
In a brand-new preamble, preceeding some "reenacting" words in which we make it clear that the Constitution is the supreme law of the land not because the UK Parliament enacted it, but because WE enacted it
Should the word 'race' be taken out of the Constitution?
Should the Australian Parliament keep the power to make special laws for Aboriginal and Torres Strait Islander peoples?
Do you have any ideas on what new words could be used to describe that power, or where in the Constitution to put the power?
Just amend para 51(26).
Do you think that a guarantee against racial discrimination should go into the Constitution?
Do you have any ideas about what words to use for that guarantee, or where in the Constitution to put it?
See the expert panel's report. The positioning and the words of the suggested s 116A were brilliant (much of the rest of the report was FEEble, but that bit was brilliant)
Should the guarantee protect all Australians against racial discrimination, or only Indigenous Australians?
All Australians
If there is not enough support for a guarantee in the Constitution, what other things can we do to stop racial discrimination in national laws?
Just campaign like mad to have it accepted in the Constitution. Only the nutty right (sadly, including Noel Pearson) are against it.
Do you think Indigenous people should have a say when Parliament and government make laws and policies about Indigenous affairs?
Should a new Indigenous group be set up under the Constitution to give advice and make sure Indigenous people have a voice in political decisions that affect them?
I don't know
Do you have any other comments on this Indigenous group?
It could *possibly* be in the Constitution but remember once the words are in there, they're hard to change, so it would have to be very carefully drafted. I would hope that any government would take it for granted that they should consult on these matter
Should we delete section 25?
What would we achieve by getting rid of section 25?
Get rid of a section that is unnecessary and widely misunderstood!
Is there any point in keeping it?
Not really - the Racial Discrimination Act does its job anyway, and the new S 116A would do it too, if adopted..
Do you have any other comments?
it's a pity that so much of the debate about it is based on a total misunderstanding of its intention and effect - but it's had its day, let's omit it.
Are you making a submission on behalf of a person (such as yourself) or organisation?