The passing of the Constitution enabled Australia’s six British colonies to become one nation, the Commonwealth of Australia, on 1 January 1901. The Constitution didn’t acknowledge the long history of Aboriginal and Torres Strait Islander peoples in
Australia.
The future King George V and Queen Mary at Government House in 1901. Image source: Governor of Victoria
This content may contain images, names, or voices of deceased persons and may include outdated or culturally sensitive language, presented for historical accuracy and with respect to First Peoples’ perspectives.
In the late 19th century, Australia comprised six self-governing British colonies.
Differences between colonies prompted discussions about uniting under a federal system.
After many years of debate and drafting, the Constitution was passed by the British Parliament and given royal assent (approval by the British monarch), in July 1900.
The passing of the Constitution enabled Australia’s six British colonies to become one nation, the Commonwealth of Australia, on 1 January 1901.
Under the new Constitution, the former colonies, now states, kept their own systems of government, while a separate federal government was established to handle issues affecting the entire nation.
The Constitution outlines the foundational rules for Australia’s system of government, creating the political and legal framework that supports many aspects of everyday life.
The Constitution didn’t acknowledge the long history of Aboriginal and Torres Strait Islander peoples in Australia.
Voices unheard
First Peoples weren’t included in the discussions or decisions during the 1890s that led to federation.
The Australasian Federation Conference (1890)…agreed that the interests of the Australian colonies would be best promoted by uniting as one nation under the British Crown.
Australia’s first prime minister, Edmund Barton (1901), even stated there could be “no racial equality” because he saw people not from European descent as “unequal and inferior.”
Source: ‘1901 – Indigenous Australiansand the Constitution’ – George Williams
INTENTIONALLY EXCLUDED
The text of the 1901 Constitution excluded First Peoples specifically, in its only two references.
Section 127 stated:
“In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.”
Section 51(xxvi) allowed federal laws for
“The people of any race, other than the aboriginal race in any State, or whom it is deemed necessary to make special laws.”
This meant First Peoples were excluded from population counts, affecting federal representation and funding.
1967 referendum
In 1967, the Constitution was altered through a referendum with majority support, to amend Section 51 (xxvi) to remove the phrase“ other than the aboriginal race in any State” and remove section 127 entirely.
These amendments allowed for First Peoples to be officially counted as part of the national population.
What it didn’t do
The 1967 alteration removed any reference to First Peoples from the Constitution entirely.
It did not introduce new wording that recognised First Peoples in any context.
2023 referendum
In 2023, the Voice Referendum proposed to recognise First Peoples in the Constitution through a representative body called ‘the Voice’.
The referendum failed to gain majority support.
124 years on
124 years after its passing, we reflect that First Peoples are still not recognised in the Constitution.
“I think it’s important for the future generations of my family to come, to know that we were formally acknowledged. It’s not about me and what I’m going to get out of it because it’s just been a long, hard, bloody struggle to get the social justice. But this issue is about the proper recognition of the place of our people in our country, in our land, finally.”
– Pat Turner AM Source: ‘History of Constitutional Recognition’ – Factsheet, ANTAR (2023)
