Discussion paper response

Heather Ann Tucker
What is your full name?
Heather Ann Tucker
What is your postal code?
2077
Do you support recognising Aboriginal and Torres Strait Islander peoples by changing the Constitution or making some other kind of legal change?
Yes
What should the change look like?
1. Treaty/treaties with all our remaining indigenous nations/first peoples. Generally national constitutions follow agreements made between peoples living in a land to become a nation. Constitutional acknowledgement is secondary to this.
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?
The first statement in the body of the Constitution itself, i e not a "preamble".
What should the statement say?
The final wording is for first nations peoples to prescribe, with any relevant assistance/advice they may request from constitutional law specialists. I believe it should contain words to the effect that the first peoples belong to this land, it is their
Should the word 'race' be taken out of the Constitution?
Yes
Should the Australian Parliament keep the power to make special laws for Aboriginal and Torres Strait Islander peoples?
I don't know
Do you have any other comments on powers to make laws for Aboriginal and Torres Strait Islander peoples?
An amended power limited to laws made for these peoples only at their collective request, and in consultation with them, may perhaps be useful, for example in considering matters of reparation or restitution which would require commonwealth powers (states
Do you think that a guarantee against racial discrimination should go into the Constitution?
Yes
Do you have any ideas about what words to use for that guarantee, or where in the Constitution to put it?
"Race" is itself a problematic term: "heritage" or "ancestry", or some combination of all may be more useful and accurate. This belongs in constitutional articles relating to the protections against discrimination.
Should the guarantee protect all Australians against racial discrimination, or only Indigenous Australians?
All Australians
Do you think Indigenous people should have a say when Parliament and government make laws and policies about Indigenous affairs?
Yes
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?
Yes
Is it worth creating the new group if it can only give advice and does not have the power to block new laws?
No
Do you have any ideas about what the new group would look like?
This is for first nations peoples to determine. I would like it to be equally representative of women and of men, and from as many nations as possible.
Do you have any other comments on this Indigenous group?
I wonder whether having female and male co-chairs, and rotating chair positions might assist breadth of representation over time??
Should we delete section 25?
Yes
What would we achieve by getting rid of section 25?
Equity, fairness, justice, non-discrimination. And probable compliance with some human rights agreements!
Is there any point in keeping it?
NO!
Do you have any other comments?
The use of indigenous languages should be respected in the national parliament, without any special dispensation or notice being required. The speaker, or an interpreter, can provide translation into English for Hansard before, during, or some time after
Are you making a submission on behalf of a person (such as yourself) or organisation?
Individual