How did Federation affect Aboriginal and Torres Strait Islander people?

Front cover of the Australian Constitution held together with a red ribbon tied in a bow on the left side. The paper appears faded from age.

Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).

Parliament House Art Collection, Art Services Parliament House

Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).

Front cover of the Australian Constitution held together with a red ribbon tied in a bow on the left side. The paper appears faded from age.

Parliament House Art Collection, Art Services Parliament House

Description

This image shows the front page of the original public record copy of the Commonwealth of Australia Constitution Act 1900.

Permission for publication must be sought from Parliament House Art Collection. Contact DPS Art Services, phone: 02 62775034 or 02 62775123

Thanks for your question, Phoebe.

The system established at Federation continues to impact Aboriginal and Torres Strait Islander peoples.

Although there was widespread support for Federation, most Aboriginal and Torres Strait Islander peoples were excluded from taking part in the process. First Nations people were not involved in the discussions leading up to Federation or the drafting of the Australian Constitution – the nation’s founding document. Most did not vote in the referendums agreeing to the draft Constitution and were not part of Federation celebrations.

In 1901, the Constitution made limited mention of Aboriginal and Torres Strait Islander peoples. Although First Nations peoples have lived in Australia for over 60,000 years, this was not recognised in the Constitution. At Federation, the Constitution gave responsibility for Aboriginal and Torres Strait Islander peoples to the states. This meant that laws affecting First Nations peoples were inconsistent across the states and often resulted in discrimination and unequal treatment.

However, in 1967, Australians agreed to change the Constitution to:

  • remove section 127 which excluded Aboriginal and Torres Strait Islander peoples from being included in the national population count
  • modify section 51 (xxvi) to allow the Parliament to make laws for Aboriginal and Torres Strait peoples.

You might like to research the impact that Federation had on individual Aboriginal or Torres Strait Islander people by contacting the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS).