Bill Shorten’s indigenous referendum demands

EXPLICIT prohibition of racial discrimination is likely to be a condition of bipartisan support for any indigenous referendum, the ALP says.

Opposition Leader Bill Shorten speaking at the Garma forum in Arnhem Land. Picture: Peter Eve

EXPLICIT prohibition of racial discrimination in the main part of the Constitution is likely to be a condition of bipartisan support for any referendum to recognise ­Australia’s First People, Labor has flagged.

While offering to work with the Coalition to agree on a constitutional referendum question before the next federal election, Bill Shorten said any proposal to change only the Constitution’s preamble would be inadequate.

“Symbolic change is not good enough — preambular change will not suffice,” the Opposition Leader said.

“It would be an uplifting moment for the Australian people to make it clear we do not tolerate or accept racism in any form.”

Mr Shorten said indigenous people had made clear that banning racism in the Constitution was “vital”. He said the Expert Panel on Constitutional Recognition had proposed a new Section 116A that Labor would support.

The change would preclude governments from making laws that discriminate on the basis of race, except to overcome dis­advantage, ameliorate past discrimination or protect language, culture and heritage.

Mr Shorten indicated that adopting the proposal could lead to a significant number of laws being changed.

Labor’s indigenous affairs spokesman, Shayne Neumann, said explicit prohibition of racial discrimination was “absolutely crucial”. Indigenous Labor senator Nova Peris said the change was “very important” to Labor and to Aboriginal people. The trio made the comments at the Garma festival in Arnhem Land yesterday. At the meeting, Mr Shorten was also asked to respond to calls from Yolngu leaders for land rights powers to be brought home to Arnhem Land.

Gumatj chieftain Galarrwuy Yunupingu, regarded by some as the father of land rights, revealed exclusively in The Weekend Australian that he wanted certain land rights powers given to community organisations.

In a keynote address, Mr Shorten said local people should take the lead in decision-making.

They should also have the power to develop Aboriginal land to create economic opportunities.

When pressed, the Opposition Leader he refused to say whether Labor would support a regulatory change proposed by the Minister for Indigenous Affairs, Nigel Scullion, to allow land council powers to be delegated to community ­organisations.

The change was blocked by Labor and the Greens in the ­Senate in March.

Mr Neumann said if Senator Scullion’s proposal was simply a revival of his “attempt to smash the land councils”, then Labor would again try to block it.

Ms Peris said Labor had blocked the change because the land councils did not support it.

At Garma, Yolngu leaders said the Northern Land Council was not sufficiently attentive to their desires and demands. Land councils are supposed to act on behalf of traditional owners.

Mr Shorten also recommitted Labor to the Closing the Gap ­targets, and called for a justice ­target to reduce indigenous ­incarceration.