How does the constitution recognise Indigenous people?

Front cover of the Australian Constitution held together with a red ribbon tied in a bow on the left side. The paper appears faded from age.

Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).

Parliament House Art Collection, Art Services Parliament House

Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).

Front cover of the Australian Constitution held together with a red ribbon tied in a bow on the left side. The paper appears faded from age.

Parliament House Art Collection, Art Services Parliament House

Description

This image shows the front page of the original public record copy of the Commonwealth of Australia Constitution Act 1900.

Permission for publication must be sought from Parliament House Art Collection. Contact DPS Art Services, phone: 02 62775034 or 02 62775123

Thanks for your question, Toby. The Australian Constitution does not recognise Aboriginal and Torres Strait Islander peoples.

A referendum held in 2023 asked Australians if they approved a proposal to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. The proposal was not agreed to.

Although Aboriginal and Torres Strait Islander peoples are not recognised in the Constitution, a significant change occurred in 1967. The Australian people agreed in a referendum that the Constitution should be changed to:

  • modify section 51 (xxvi) to allow the Australian Parliament to make laws for Aboriginal and Torres Strait Islander peoples, removing the previous restriction
  • remove section 127 which had excluded Aboriginal and Torres Strait Islander peoples from being included in the national population count.

This referendum was agreed to with the largest ‘yes’ vote ever recorded.