What Is at Stake in Constitutional Recognitio

Abstract

Australia is currently involved in a national debate about the possibility of constitutional recognition of Aboriginal and Torres Strait Islander people. Since 2010 both of the major political parties have supported a process that leads to constitutional recognition but, beneath the surface, it remains an issue that engenders considerable political division. It is a matter of concern that no clear process for dealing with the issue has been articulated by political leaders and the future of Indigenous-settler relations after a referendum whether the constitution is amended or not is deeply contested. Amidst all of this uncertainty, this chapter contends that it is beneficial to seek guidance from the experiences of other societies that have attempted to formalize and institutionalize modes of conflict transformation. In particular, it discusses the processes in South Africa and Northern Ireland to evaluate the extent to which they are instructive in the decisions that face Australia. Ultimately, I argue that there are valuable lessons about the processes albeit in different contexts which are not being heeded by Australia’s failure to understand its process and the implications of current decisions for the future of Indigenous-settler.