The 1967 referendum. What is a referendum?

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1 The 1967 referendum The 1967 referendum is seen as one of the most important events in the history of Indigenous and non-indigenous relations. It was seen as important, not just for the changes that took place, but because the referendum campaign highlighted the poor treatment and injustices experienced by the Aboriginal peoples. What is a referendum? The Australian Constitution says a vote must be held to decide whether changes can be made to the constitution. This is what is known as a referendum. To change the constitution, the following steps must be taken: A Bill to alter the Constitution must be passed by a majority of votes in both the Senate and the House of Representatives. The Bill is then put to a direct vote by the people of each state and territory (the territories were only included from 1977). The Bill must be approved by an overall majority of Australian voters and by a majority of voters in a majority of states that means four of the six states must also pass the Bill this is sometimes referred to as a double majority. If the Bill is passed, an amendment is made to the Constitution. In the twentieth century, there were 44 referendums held in Australia. The fact that only eight of these referendums have been successful is an indication of how difficult it is to have a change to the Constitution passed. Have you ever heard of a plebiscite? Voting in plebiscites is the same as referendums but they involve issues not related to the Constitution. The two votes on conscription during World War I are examples of plebiscites. Part 2 Aboriginal Peoples 47

2 The importance of the 1967 referendum Many people mistakenly believe the 1967 referendum gave Indigenous Australians the right to vote. It did not! From 1949, Aboriginal peoples who were able to vote in their state elections could also vote in federal elections. The 1962 Electoral Act gave franchise for federal elections to Aboriginal peoples whose states didn t allow them to vote. The following timeline shows when Aboriginal peoples gained the right to vote in state and territory elections. 1850s New South Wales, Victoria, South Australia 1962 Western Australia, Northern Territory 1965 Queensland State voting rights for Aboriginal peoples What the passing of the 1967 referendum did do was to give the Commonwealth the power to make laws for Aboriginal peoples. It also allowed Indigenous Australians to be counted in the census. Do you remember that this was one of the things the AAL was calling for in 1935? Aboriginal groups had been campaigning for Commonwealth control over Aboriginal affairs since the 1930s. Having different laws in different states caused much confusion. If the Federal Government was able to legislate for Indigenous Australians, the laws across the states would be the same. The 1967 referendum wasn t the first time the electorate was asked about the issue. A referendum was held in 1944 to allow the Federal Government additional powers to help with post-war reconstruction. One of these powers was the responsibility to make laws for Indigenous Australians. Electors had to vote on the parcel of 14 new powers rather than each individual power. If the referendum was successful, the 14 additional powers were to be given to the Federal Government for a period of five years following the end of the war. 48 Changing Rights and Freedoms

3 When this referendum failed, there was a call for another referendum to be held that specifically asked voters about the Commonwealth s right to make laws for Aboriginal peoples. However, it wasn t until 1967 that such a referendum was held. The 1967 referendum asked voters to decide whether they agreed with two proposed changes to the Australian Constitution. In the referendum the first section of the constitution being reviewed was Section 51 which outlined the areas covered for law-making by the Commonwealth Government. Read Sections 51 and 127 of the Australian Constitution. The language will probably sound complicated as you read. Remember, a Constitution is a legal document. The Parliament shall, subject to this Constitution, have the power to make laws for the peace, order, and good Government of the Commonwealth with respect to: (i) Trade, commerce with other countries, and among States (ii) Taxation, but so as not to discriminate between States or parts of States... (xxvi) The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws (xxvii) Immigration and emigration... Source: Section 51, Australian Constitution, 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. Source: Section 127, Australian Constitution, Activity 18 Answer the following questions based on the two Sections of the Constitution. 1 Which section of the constitution was changed so Aboriginal peoples could be counted in the census? 2 Which section of the constitution was changed to give the Commonwealth power to make laws for Aboriginal peoples? Part 2 Aboriginal Peoples 49

4 Check your responses by going to the suggested answers section. The referendum of 1967 proposed that the constitution be amended by removing the words other than the aboriginal race in any State. This would allow the Commonwealth power to make laws for Aboriginal peoples. The second question of the referendum concerned deleting Section 127 of the Australian Constitution. The campaign Although the purpose of the referendum was to allow the Federal Government to make laws for Aboriginal peoples and have them counted in the census, many saw, and still see, the referendum as symbolising much more than that. The following poster, promoting a Yes vote in the referendum, gives a hint of a much bigger picture. Source: 50 Federal Council for the Advancement of Aborigines and Torres Strait Islanders (FCAATSI), Changing Rights and Freedoms

5 Activity 19 Answer the following questions based on the referendum poster. 1 Which images stand out in this poster? 2 Does this source explain why the referendum is being held? Check your responses by going to the suggested answers section. The radio advertisement below also alludes to past wrongs that needed to be rectified. Vote Yes for Aborigines, they want to be Australians too, Vote Yes to give them rights and freedoms just like me and you. Vote Yes for Aborigines, all parties say they think you should, Vote Yes and show the world the true Australian brotherhood. Source: Aboriginal Rights Vote Yes Committee published in Sydney Morning Herald, 19 May Activity 20 Answer the following questions based on the radio advertisement. 1 When was this source written? 2 What is the purpose of this source? 3 Do you think this source successfully explains the purpose of the referendum? Give reasons for your answer. Part 2 Aboriginal Peoples 51

6 Check your responses by going to the suggested answers section. As the referendum advertising shows, much of it was misleading as it attempted to convince voters that a Yes vote would give equality to Aboriginal peoples and make up for past wrongs. Even today, many Australians wrongly believe the referendum in 1967 gave Aboriginal peoples citizenship when in fact they were never actually denied citizenship itself, but only many of the rights and responsibilities that accompany citizenship. A massive Yes vote The referendum result was a massive win for the Yes campaign with per cent voting in the affirmative. The Yes vote was successful in all six states where the referendum was held. This result was the biggest win for an Australian referendum that there ever has been. However, it is interesting to compare the results across the different states and also to look at the results in the city compared with those results from the country. The country results were far less favourable than the city results and those states with a higher population of Aboriginal peoples also had a less favourable result. In fact the area with the largest Indigenous population, the Northern Territory, didn t vote in the referendum. Territories have only been able to vote in referendums since Therefore people in the Northern Territory and the Australian Capital Territory were unable to vote in the 1967 referendum. Why was the referendum successful? The referendum was an overwhelming success. The advertising campaign for the Yes vote, and the assumption that a Yes vote would make up for past wrongs and allow Aboriginal peoples equality, played a large role in the success of the referendum. 52 Changing Rights and Freedoms

7 Some of the other things that impacted on the outcome included: the growing number of families who had access to a television, which meant there was an increased awareness, especially in the cities, of the plight of Aboriginal peoples both sides of politics (Labor and Coalition) supported the 1967 referendum, unlike many other referendums the Aboriginal protest movement, which supported the referendum, had great support both in Aboriginal and non-aboriginal circles the sixties are seen as a decade of change and the referendum campaign was held in the middle of it. The success of the Yes vote in the 1967 referendum allowed Indigenous Australians to be counted in the census as part of the Australian population. It also authorised the Commonwealth s right to legislate for Aboriginal peoples. More importantly, however, the referendum campaign drew attention to the injustices suffered by Indigenous Australians. Unfortunately the goodwill towards Aboriginal peoples did not translate into immediate action to correct the issues Indigenous Australians were most concerned with, such as health, housing, education, and land rights. Consequences In the five years following the 1967 referendum, very little changed. The Federal Government set up an office for Aboriginal Affairs and a Federal Minister was given the Aboriginal Affairs portfolio. However, following the 1967 referendum, the amendment to the constitution only allowed for the Commonwealth to make laws for Aboriginal peoples when it is deemed necessary to make special laws (The Australian ConstitutionV:51, xxvi). This meant the states continued to legislate for Aboriginal peoples, as well as the Federal Government. Go to the exercises section and complete Exercises 2.15 to 2.16 as directed by your teacher. Part 2 Aboriginal Peoples 53

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