1967 Referendum by Mary Senj
On May 27, 2007, Australia will celebrate the fortieth anniversary of the 1967 Referendum. In 1967, I was six years old and as an Aboriginal person, legally much of my life was governed by the legal and political system rather than by my family and community. Therefore, while exploring the 1967 Referendum and its ability to create real change for Aboriginal people, I would like to take you on a journey that begins long before the Referendum. A journey that is about the human story of struggle and joy. A journey that includes what some people may refer to as heroes, the men and women both Aboriginal and non-Aboriginal people that walked this journey together. In doing this the article will explore the changes made to the Commonwealth Constitution at the time, some of the myths that have grown up around this event and if the social circumstances have changed in any real way for Aboriginal and Torres Strait Islander people.

The journey to the 1967 Referendum began long before 1967 with various protest activities and the formation of various Aboriginal groups fighting for equality and fairness. In 1966, the Gurindji people from the Northern Territory, walked off the job in what has become known as the Wave Hill strike in which these Aboriginal people went on strike for equal pay and land rights.
The Freedom Rides of 1965, was also a critical change moment on the road to the Referendum. In this protest movement, Aboriginal and non-Aboriginal people from various organisations sought to follow the actions of the American civil rights movement by bringing attention to the discrimination and racism experienced by Aboriginal people within Australia. To achieve this they took a bus to rural NSW to highlight the racism experienced by Aboriginal people. This campaign brought international and local media attention to the discriminatory experiences and social living conditions of Aboriginal people.
Other important events also shaped the journey to the Referendum. Both World War I and II were historical moments where strong bonds were formed between Aboriginal and non-Aboriginal soldiers. These bonds brought to light the inequitable treatment of Aboriginal people on their return from war and the way State Governments policies discriminated against them in their daily lives. For perhaps the first time, many non-Aboriginal people were seeing just how unfair life was for Aboriginal people.
A key player on the journey to the 1967 Referendum was Jessie Street. Jessie Street was the person who examined the Federal Constitution and drew attention to the two sections that discriminated against the Aboriginal people. She claimed that, "it had nothing to do with voting. It had to do with getting Federal resources available to lift the people out of their misery." www.abc.net.au/time/episodes/ep5.htm
The petition for a Referendum was launched at the Sydney Town Hall on April 29, 1957, starting the often difficult ten-year struggle for the Referendum. These ten years were spent gathering signatures on petitions and political lobbying. "The campaign for the Referendum actively started to focus public awareness on inequalities brought about by low pay, segregation and racism."
www.abc.net.au/time/episodes/ep5.htm
The campaigners only needed 100,000 signatures but got that number ten times over.
Now let us turn our attention to the changes called for in the 1967 Referendum, and explore why these changes were necessary. Both Sections 51 and 127 of the Commonwealth Constitution discriminated against Aboriginal people prior to the Referendum. The Sections were worded as follows:
Section 51:
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to:
(xxvi) The people of any race, other than the aboriginal people in any State, for whom it is necessary to make special laws.
Section 127:
In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives should not be counted. www.aa.gov.au/publications/fact_sheets/fs150.html
It is important to note that an overwhelming 90.77% majority of Australian voters, voted to remove these two sections of the Australian Constitution. This majority was carried in six states, a previously unheard of majority when voters are called to make changes to the Australian Constitution.

The removal of Section 127 from the Australian Constitution opened the way for the use of census data to inform public policy in the area of Aboriginal Affairs after 1967. It also provided the power to make laws to achieve better health, housing, education and other social outcomes for Aboriginal people. Some observers believe that "Many Aboriginal people considered that changing Sections 51 and 127 of the Federal Constitution was essential to their gaining formal recognition of the fact that they actually existed as a race of people." www.aph.gov.au/Library/Pubs/bp/1996-97/97bp11.htm
It is critical to remember whilst reflecting on these points that the Commonwealth Government received a clear and resounding mandate from the Australian voters to work hard on supporting Aboriginal people, to realise their aspirations and to ensure just and equitable treatment.
The Referendum did little to bring about equal pay and working conditions, nor did it end racism and legal discrimination. It did not resolve the issue of land rights and perhaps most importantly there was little bipartisan support for actually improving the living conditions of Aboriginal people by providing services in health, housing or education. Whilst the real and practical significance of the 1967 Referendum is limited, it still must be perceived as an important symbolic moment in time when the Australian community was trying to create greater equality and better living conditions for Aboriginal people.
Forty years on we must renew our commitment to the change that so many Australians called for when voting in the 1967 referendum. It was a call to acknowledge the human dignity of all people. It was a call for justice for all. When Faith Bandler, one of the key players in the 1967 Referendum campaign reflects upon getting involved in the black protest movement, she says: "I didn't want to give up the things I was doing… I didn't want my life to be disturbed."
www.abc.net.au/time/episodes/ep5.htm
I believe that most of us do not want our lives disturbed, but to fight for what is right and just creates disturbance in our lives and selves. We must reflect personally on our position on important social issues and sometimes this is both uncomfortable and disturbing. However, to do nothing when faced with issues that are unjust is to create an even deeper disturbance within ourselves. Imagine if all the 1967 Referendum campaigners had not allowed themselves and their lives to be disturbed.
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SOSE/HSIE/CIVICS
- The 1967 Referendum was an important milestone in the journey of Australia's Indigenous people to achieving the rights that they were entitled to. What are the conditions that must be satisfied before the Australian Constitution can be changed? Go to www.aph.gov.au and scroll down to page 3 and 4 to complete the following:
The first step in the process of changing the Constitution is to pass a bill through ________________. This is not enough, however. The Australian people also need to ___________________ of the change by voting in a _____________________. This allows the people to agree or __________ with the proposed change. For a Referendum to be successful a _________________ of votes must be in favour of the proposal and a majority of votes in a __________________ of states i.e. at least 4 out of 7 States must also be in favour. _______ proposals to change the Constitution have been put forward since 1901 but only _____ have been successful including the 1967 Referendum which allowed the Federal government to make laws with respect to __________________ people and to allow them to be counted as part of the Australian _____________________.
- Go to www.skwirk.com and answer the following:
a) Why was it a disadvantage for Indigenous people to be subject to different laws in different states?
b) What happened in 1966 that gave encouragement to Indigenous people that they would be able to achieve the rights they were entitled to?
c) Could Indigenous people vote in elections before 1967?
d) Why couldn't the Federal government simply take over the responsibility for Indigenous people?
e) What steps did they have to take?
f) What were the two main elements of the 1967 Referendum?
g) How much support did the Referendum receive from the Australian people?
h) Why was this amount of support so surprising?
i) Did the Referendum mean that Indigenous people were no longer discriminated against?
j) How long did it take for the Federal government to use the power it gained in the 1967 Referendum?
k) When did the Federal government pass laws to ban discrimination on the basis of race?
- Go to www.reconciliation.org.au for another fact sheet with a very clear coverage of the 1967 Referendum and its consequences.
- Go to www.nma.gov.au for a comprehensive on line resource that includes primary source material on the 1967 Referendum.
- Go to www.nma.gov.au for a timeline which puts the struggle for Indigenous rights into an international context. The struggles in the USA and South Africa are specifically mentioned.
- More information on the topic of Indigenous history is available at www.skwirk.com
- For more information including quotes from Indigenous leaders of the time go to www.abc.net.au
- Go to www.abc.net.au to research the roles of 3 prominent Indigenous leaders in the 1967 Referendum. Focus questions:
a) What events were they involved in?
b) How did they contribute to the advancement of Indigenous Australians?
c) What were their thoughts about the 1967 Referendum?
- Go to www.nma.gov.au to research others involved in the movement to recognise the rights of Indigenous people. Many non-Indigenous people were involved in the 1967 Referendum campaign. Read about some of these and find out what motivated them to get involved.
- Women played a major role in the struggle to successfully pass the 1967 Referendum. Research some of the major women activists at www.reconciliation.org.au
- Go to www.abc.net.au to access an interactive timeline of significant events in Indigenous Australian history. These look at significant events in the struggle of Indigenous people to have their rights recognised. This timeline looks at 13 significant events in the history of Indigenous rights in Australia. Divide the class into 6 groups and allocate two (or three) of the events to each group to research. Each group can then present the events to the rest of the class. The focus questions could be:
a) Outline the actual event.
b) Explain the historical context of each event e.g. the reasons why it happened, the events leading up to the event etc.
c) Why was this event significant in the struggle for Indigenous rights?
d) What did the event achieve in the context of that struggle?
Authentic video of these events is also available on this web page.
Go to www.cap.nsw.edu.au to find more information about the Wave Hill walk off and how it was an important event in the fight for land rights.
- A unit of work based on the Bringing Them Home Report is available at www.humanrights.gov.au
- Go to www.abc.net.au for some fun activities with Indigenous themes including colouring, quizzes and puzzles. For more activities go to pandora.nla.gov.au
RELIGION
- Indigenous disadvantage is one of the social justice issues confronting Australia. Go to www.dreamtime.net.au to see an overview of the range of issues that affect Indigenous Australians. Look at Mick Dodson's "definition" of Social Justice. Brainstorm all the ways that life for Indigenous Australians falls short of this definition using the information on this web page. This site also contains many links to information about Indigenous life, culture and history. For an overview of social justice issues in relation to Indigenous Australians go to www.humanrights.gov.au
- Go to www.vatican.va to read Pope John Paul II's speech given in 1986 to Indigenous people in central Australia.
- Go to www.socialjustice.catholic.org.au for teaching and learning activities based around the 2006 Social Justice Statement which was issued on the twentieth anniversary of Pope John Paul II's speech.
- Find out about Caritas Australia's work with Indigenous communities. Go to: www.caritas.org.au
- Caritas Australia recently hosted a three-day trans-Tasman Festival of Global Concern for senior secondary students and their teachers. One of the key issues explored over the course of the three days was Indigenous justice. Young Australian of the Year, Tania Major, was one of the keynote speakers. To hear her presentation go to: www.caritas.org.au
SCIENCE/PDHPE
Go to www.smh.com.au and read the article that concerns a report made by the World Health Organisation on the state of Indigenous health in Australia. Answer the following:
- How sick are Australian Indigenous people compared to other wealthy countries?
- How much earlier do Indigenous people die on average than non-Indigenous people?
- What diseases do Indigenous Australians suffer from that have not been seen in non-Indigenous people for many decades?
- What are some of the solutions suggested in the article? Discuss in small groups whether you think that they would be effective. Give reasons for your response when your group reports to the class.
- Research the diseases mentioned in the article: leprosy, tuberculosis and rheumatic heart disease. Go to www.who.int for more information. Try to find out if they are common diseases in countries like Australia.
PARISH, COMMUNITY AND SOCIAL JUSTICE GROUP
- National Reconciliation Week is May 27 to June 3. Go to www.reconciliation.org.au to find out how to get involved.
National Sorry Day is May 26. This year is the tenth anniversary of the Bringing Them Home Report being released. This dealt with the issue of the "Stolen Generations" where children had been systematically removed from Indigenous parents as most graphically depicted in the film Rabbit Proof Fence. In the ten years since the release of this report only two of its 54 recommendations have been fully implemented. The issue of an apology for this government policy of the past is still alive as the World Health Organisation report points out.
Go to www.smh.com.au to read about the link between this issue and the disadvantage still experienced by Indigenous people today, including their health.
- Go to www.nsdc.org.au to see how you can get involved.
- National Schools Sorry Day is to be held on May 24. Go to www.nsdc.org.au for many suggestions as to how schools can play their part in the journey of healing that still continues ten years after the release of the Bringing Them Home Report.
- Go to www.nsdc.org.au and scroll down to sign the two on line petitions. One petition is to ask John Howard to say sorry on behalf of the government for the damaging policies of the past and the other is that the History curriculum includes the topic of the systematic removal of children from their Indigenous parents.
- Read articles by Tom Calma, the Indigenous Social Justice Commissioner, on the issue of the "health gap" between Indigenous and non-Indigenous Australians at
www.humanrights.gov.au
and
www.humanrights.gov.au
- Take part in the Close the Gap campaign which focuses on closing the 17 year gap in life expectancy between Indigenous and non-Indigenous Australians. Show the government that we take this issue seriously by signing the pledge at www.antar.org.au
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