Constitutional recognition not just symbolic
The move to recognise Aboriginal people in the preamble of the WA Constitution is a symbolic act which will have little or no impact on the everyday lives of most West Australians.
But for a substantial minority in this State the symbolism is powerful.
It is a matter of correcting an historic wrong and an overdue acknowledgment in the statutes that this State was not an empty land when European settlers arrived in the 1820s. There were Aboriginal populations from one end of the State to the other — societies of people with rich cultural traditions and connection to their lands who were forced into massive upheaval and dislocation as a result of the wave of new settlers.
The repercussions of this disenfranchisement are still being felt. Acknowledging the original inhabitants in the Constitution would be a simple but significant step towards healing the scars.
A parliamentary committee which examined the recognition issue reported last week that there would be no substantive effect on existing laws, native title or pastoral leases by such a move.
It recommended the insertion of words to the preamble, which would read in part, “that the Houses of the Parliament resolve to acknowledge the Aboriginal peoples as the First Peoples of Western Australia and traditional custodians of the land (and) the Parliament seeks to effect reconciliation with the Aboriginal peoples of Western Australia”.
This reflects proposed wording in a Bill introduced by Kimberley MLA Josie Farrer last year.
Ms Farrer told the Legislative Assembly at the time that “recognition, acknowledgement and acceptance are necessary steps to true and lasting reconciliation and this Bill is just one of those steps. In a way it is more than a step; it is a confident stride forward”.
The Bill gained broad in-principle support but was referred to a special cross-party committee of MPs with representation from both Houses for further consideration. This process is a noteworthy and commendable example of politicians from different sides working together on a matter of State significance.
The move to recognise Aboriginals deserves support but it is important that the process and the wording are right.
Part of the committee’s work was in seeking input from Aboriginal groups and examining potential legal implications. It found the risk of unintended consequences was very low.
Recognition at State level is simpler than at Federal level, where a referendum is required to make any change. The State amendment needs only passage of an ordinary Bill.
Other States have already been down this path with no apparent adverse effect. In 2004, Victoria was the first State to incorporate a statement of recognition of Aboriginal people in its Constitution. All mainland States have followed.
WA has grappled with this question one way or another for more than 20 years. It is time a significant oversight in our State’s history was dealt with.