Many treaties and sovereignty are found to be fit in the discussion about the recognition of the Aboriginal and Torres Strait Islander. These people are already making many treaties with the state and territory governments (Irving, 2012). Such treaties can be backed with constitutional support to provide more help to indigenous people (Twomey, 2011). The referendum requires to amend or delete the “race power”, which has given in the section 51 (xxvi) of the Constitution. Referendum also states about including constitution for prohibition of the racial discrimination, and to provide right of being consulted when legislations and policies affecting Aboriginal and Torres Strait Islanders are made (Twomey, 2011). According to the study of Morris (2014), the race power was intentionally inserted into the Constitution so that Commonwealth could discriminate against people on the basis of their race. This was mainly the British policy, which must be changed in Constitution of Australia. The referendum can succeed with the big support from the Aboriginal population, Abbott Government and support of states and territories (Kelly, 2014).
The referendum of 1967 (for including the Aboriginal and Torres Strait Islander people in the population count) was an important step that can help in success of the new referendum (Morris, 2014). The explicit exclusion of the Aboriginal people was reversed, while the racial discrimination still remained in the constitution (Williams, 2007). The failure of the 1999 referendum can be considered as the warning, which means that 55% of the people back up would not be enough for supporting the new referendum (Kelly, 2014). If the expert panel is able to explain the problem of the race clause, with significant references to the public expectations and liberal democratic values, then referendum is likely to succeed (Kirby, 2012). It is important to raise the campaign about the individual equality before the law (Morris, 2014). It is important that Abbott government recognizes the historical injustice towards Aboriginal and Torres Strait Islanders and demands the historical correction by providing recognition. For a democratic government and democratic country, it is important to remove the racial discrimination from the constitution to increase the trust and faith of people (Kelly, 2016).
The paper is based on discussing that a referendum proposal to amend the Australian Constitution to recognise Aboriginal and Torres Strait Islander peoples is likely to succeed. The paper provided the argument in support of success of the referendum. With the help of various evidences, it has been found that though Aboriginal and Torres Strait Islander people are the first people of the Australian land, they are denied from their basic rights. The success of the referendum depends on various factors that can be addressed to make it successful for providing equal rights to Indigenous population.
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