Changing the Constitution to help stop racial discrimination

Racial discrimination is when a person or a group of people is singled out and treated differently because of how they look or because of their culture. All of the states and territories have laws and policies to stop racial discrimination.

Racial discrimination is when a person or a group of people is singled out and treated differently because of how they look or because of their culture. All of the states and territories have laws and policies to stop racial discrimination. Also, a national law called the Racial Discrimination Act makes it against the law to discriminate against someone because of their race, colour or where they come from. But the Constitution does not stop the Australian Parliament from making laws that discriminate against Aboriginal and Torres Strait Islander people. One idea is to put a new section in the Constitution to stop the Australian Parliament from discriminating against people of any race or culture. Another idea is to include words about discrimination in a new power for the Australian Parliament to make laws about Indigenous peoples. Either way, the goal would be to make sure that the Australian Parliament’s laws do not discriminate against Aboriginal and Torres Strait Islander peoples. 

Question 1:
Do you think that a guarantee against racial discrimination should go into the Constitution?

Question 2:
Do you have any ideas about what words to use for that guarantee, or where in the Constitution to put it?

Question 3:
Should the guarantee protect all Australians against racial discrimination, or only Indigenous Australians?

Question 4:
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?

 

Read comments

Peter Carblis
Wed, 05/04/2017 - 15:16
I believe in racial equality. Race is a very different thing to culture. Race is closely related to the physical/biological/genetic aspect of our being: our phenotype to speak genetically. Culture is learned no matter how historical it must be. It is a serious and invalid mixing of categories to include these in the definition of racism. It destroys the validity of the term. I would support an anti-racism clause providing race is properly defined.
Mardeep Singal
Sun, 02/04/2017 - 22:37
Question 1: Racial discrimination is actual discrimination, already outlawed under Australian law, and not this pathetic "insult or offend" idiocy you're attempting to push.Question 2: Objective words that aren't vague or subjective, which do not lead to allowing frivolous lawsuits that destroy lives and cost thousands like you're currently pushing for.Question 3: Any laws should guarantee protection to ALL Australians. Not this ridiculously absurd and racist "you can't be racist against white people" ignorant bigotry like you push.Question 4: Stop opposing changes to make the laws better for protection against racism, such as your opposition to changing 18C.
robert robinson
Sat, 01/04/2017 - 22:58
Does this mean that aboriginal and torres strait people will lose their extra entitlements because they are singled out because of their race or looks.
1. and 2. There should not be a clause in the constitution against racial discrimination unless the wording is broad enough to ensure it encompasses all races. Note that if there is this clause it will invalidate all affirmative action as this will become unconstitutional.3. There should no differentiation between indigenous and other Australians in the constitution as this then creates first and second class citizens. Instead the constitution must be very clear that all races are equal. Anything discriminatory in the constitution must be avoided at all costs.4. Remove 18C to allow for robust discussion of ideas. Suppression only makes bad ideas fester instead of bringing them into the open
I fully agree with your comments, except for #4; there has to be a line drawn between "normal" behaviour and verbal assault.
Maurice McGahey
Fri, 31/03/2017 - 11:58
Question 1: Do you think that a guarantee against racial discrimination should go into the Constitution?No. I think that a guarantee against discrimination should be in the Constitution.Question 2: Do you have any ideas about what words to use for that guarantee, or where in the Constitution to put it?The words in the Constitution are broad. It is the Base on which Federal and State/Territory laws are built. And that is why I only want a guarantee against discrimination. There is no need at Constitution Level to detail the discrimination.Question 3: Should the guarantee protect all Australians against racial discrimination, or only Indigenous Australians?Again, WHY would you separate a group out for discrimination by writing discriminatory laws? The guarantee should be against discrimination.Question 4: 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?There needs to be Federal Legislation making it illegal to discriminate. This is like National Defence. It is too important to leave to State and Territory Level. State and Territories may increase the protections if they wish, but given that the Constitution stands above all other laws, and State and Territory Laws only stand where they are not in conflict with Federal Law it would seem duplication of task.
Maurice McGahey
Fri, 31/03/2017 - 11:44
If the Australian Constitution is to be amended it needs to be amended to include a Clause of Human Rights. Just as neo-liberalist economic policy is an "experiment" that has had its time, been disproven as effective and must be abandoned, so is "Affirmative Action". Affirmative Action has done nothing but increase the void between those that have opportunities and those that don't. Much more sensible is the "Normalization" of peoples behaviour towards each other .... WHOEVER the "each other" is!A "Bill of Rights" or Clause guaranteeing equal opportunity to work, housing, a living income and legal aid would be a step in the right direction.We must make it "abnormal" to treat people differently. We can't do that by increasing the difference in which we treat some special people.
David Harris
Thu, 30/03/2017 - 22:45
Why on earth would we not also outlaw ddiscrimination on the basis of gender ? Religious institutions have discriminated against women for 2000 years, and we should use changes to our constitution to put an end to that discrimination.
Judy Lyon
Thu, 30/03/2017 - 16:53
What people seem to forget, is there is only one race in this world, the HUMAN race,In that race comes, different colours, genders, sexual orientations, religions, ages, political views, and more differences than can be stated here.There will NEVER be an end to discrimination, simply because there is NO pleasing everyone.We are humans, since our creation we have never gotton along, so why do you think things will change now?There will always be someone who feels sorry for themselves over some injustice, be it real or imagined, that will refuse to see it for what it is and make it about their colour, religion, age, gender or any other excuse or reason they can come up with.Discrimination will only end when we humans are ALL capable of logical and reasonable thinking, until then, life shall go on as it is now.
Rhyll McMaster
Thu, 30/03/2017 - 12:39
Yes, I do support changing the constitution to prevent racial discrimination. S.51(xxvi) of the constitution discriminates against Aboriginal people, but it's difficult to remove this clause because it might mean that native title protections will be lost. Native title rights have been hard fought for, and they should be protected because Aboriginal people are a discriminated against minority who have been dispossessed and cruelly treated, and native title rights go some way towards reparations for harms and injustices.This new clause must apply to all people. It's important to make the change within the constitution, because although states have racial discrimination powers, and there is also the federal Racial Discrimination Act, both these can be overridden by the constitutional S.51(xxvi).Howard used S.51(xxvi) to rush through the NT Intervention by suspending the federal Racial Discrimination Act. That's why there will be no real anti-discrimination protection until it is written into the constitution.Australia is the only western democracy that does not have a bill of rights that affords these protections. It is also the only western democracy that has a racially discriminatory clause in its constitution.
Yes, I think that a guarantee against racial discrimination should go into the Constitution, and that this guarantee should protect all Australians against racial discrimination, not only Indigenous Australians.
Rosie Lee
Sun, 26/03/2017 - 09:04
We need a Bill of Rights. This would not be so divisive and not impact on Sovereignty or a Treaty as it would apply equally to all people
Rosie Lee
Sun, 26/03/2017 - 09:00
We should be talking about a Bill of Rights. Freedom of speech is not even guaranteed in our Constitution which was purely to amalgamate the States. A Bill of Rights would apply to ALL equally and not be such s divisive issue for people who prefer Sovereignty or a Treaty rather than being in the constitution
Colin Jones
Sat, 25/03/2017 - 00:55
The constitution is not the place for any guarantee against racial discrimination. That is the job of the parliament if it so wishes. The constitution is simply the rule book for how the government works. It does not tell elected representatives what to believe. Racial discrimination is not stopped by laws. It can only be reduced by a cooperative community adding as much as possible to integrating and assimilating the different races. Enforcement should be by community pressure, not the law.
Rob Whiter
Fri, 24/03/2017 - 13:50
I do not think our Consitution should be employed to deal with subjective matters such as this. As an instrument dealing with our basic rights as citizens anything that cannot be defined objectively, and applied equally to all has no place in our constitution. Racism is a relative term and as such it is a highly subjective matter.
Maureen Soaris
Thu, 23/03/2017 - 20:50
I do not believe it should be in the Constitution as no matter how carefully you word it, it can be open to misinterpretation and misused.
There is never a 100% guarrantee. Changing date of Australia Day will only pander to a minority, some of whom will politicize as 'invasion day'. Of course Aborigines and TSI 's must be respected, but there were some 500 clans/sects/tribes with no absolute boundaries and with differing views and outlooks, and there will always be some that are never satisfied. Any proposed change to the Constitution must be agreeable to all, not just the noisy few.
Trish O'Reilly…
Thu, 23/03/2017 - 16:08
Change the Constitution to help stop racial discrimination
Leave the constitution alone.It doesn't need changing
David Truman
Thu, 23/03/2017 - 10:16
We do N O T need a blasted nanny state thought police telling us how to talk and think.
Suzanne Rose
Thu, 23/03/2017 - 08:21
We are all one race, the human race. I think you will find the majority of Australians don't care what colour you are, it is more about how you treat us, and if you treat us with disrespect, of course you will get that back. Why can't everyone assimilate as it used to be?
Criticising a culture is not racism. Stop trying to sneak it in with "because of how they look".
Michael Braybrook
Wed, 22/03/2017 - 21:43
Put simply, no change. People have every right to express opinions even if they are abhorrent, racist, sexist etc.
Simon Walford
Wed, 22/03/2017 - 19:15
There's enough protection in existing laws without having to guarantee something in the constition that's already covered by normal law.
Maryanne Murray
Wed, 22/03/2017 - 19:03
There should be a guarantee against racial discrimination for all Australians in the Constitution. This should be a simple statement with reference to legislation which will embody that in law such as the Racial Discrimination Act.
Maurice McGahey
Wed, 22/03/2017 - 18:39
I would rather see a Bill of Rights covering ALL people in Australia. I believe this would also be more managable because even singling out any group of people for "affirmitive" discrimination discriminates against the rest.

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