Abstract

The process of realising constitutional recognition for Australia’s Indigenous population can be characterised as a cycle: the government commissions a group of experts to give recommendations, that group presents their recommendations, the government either rejects or fails to act on said recommendations and so, the government commissions a new group of experts and the cycle starts again. Each time the government will commission a similar group of experts, with a similar aim, bestowing upon the group a unique title in an attempt to mask the hamster-wheel that is the constitutional recognition debate.

Highlights

  • Whilst branded by many as a tokenistic form of constitutional recognition, symbolic recognition remains important so long as it is accompanied by more substantive forms of recognition (Davis 2019)

  • Understanding symbolic recognition’s limited substantive impact, the Referendum Council only call for symbolic recognition in a legislative, rather than constitutionally enshrined form (Referendum Council 2017)

  • The constitutional enshrinement of this particular consultative body is crucial given the historical tendency of non-Indigenous governance abolishing rights of Aboriginal people in Australia (Twomey 2018)

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Summary

Introduction

Whilst branded by many as a tokenistic form of constitutional recognition, symbolic recognition remains important so long as it is accompanied by more substantive forms of recognition (Davis 2019). Symbolic recognition establishes a national sentiment and unified understanding that Indigenous sovereignty was never ceded. Understanding symbolic recognition’s limited substantive impact, the Referendum Council only call for symbolic recognition in a legislative, rather than constitutionally enshrined form (Referendum Council 2017).

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