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Indigenous Peoples Rights in the Commonwealth Agreement of 1901

6. September 2022

The Commonwealth of Australia was established in 1901 after the signing of the Commonwealth of Australia Constitution Act. This act brought together six colonies under a federal government. While this was a significant milestone in the country`s history, it did not address the rights of the Indigenous peoples of Australia.

Indigenous Australians were present in the country long before the arrival of European settlers, and they had their own rich culture, traditions and beliefs. However, as the colonies were established, the Indigenous peoples` rights were continually denied, and they were subjected to discrimination, exploitation and dispossession.

When the Commonwealth of Australia was created, the Australian Constitution did not mention Indigenous peoples, and they were not given a voice in the new government. However, the Commonwealth Agreement of 1901 acknowledged the important role of the states in managing Indigenous affairs.

At the time of the agreement, Indigenous peoples were not granted the right to vote, and they were not considered to be citizens of Australia. The Commonwealth Agreement was primarily focused on the division of powers between the federal and state governments, with little consideration given to Indigenous rights.

It was not until after World War II that the Australian government began to address the issue of Indigenous rights. The Australian Citizenship Act of 1948 granted Indigenous peoples the right to become Australian citizens, but it was not until the 1960s and 1970s that significant strides were made in Indigenous affairs.

In 1962, the Commonwealth Electoral Act was amended to allow Indigenous peoples to vote in federal elections, and in 1967, the Australian Constitution was amended to include Indigenous Australians in the census, giving them official recognition as citizens.

Since then, the government has made some progress in addressing the historical injustices suffered by Indigenous peoples. In 1975, the Racial Discrimination Act was enacted to protect Indigenous peoples from discrimination, and in 1992, the High Court of Australia recognized the existence of native title, giving Indigenous peoples the right to claim and control their ancestral lands.

Despite these measures, Indigenous Australians continue to experience high levels of disadvantage, including poorer health, education and employment outcomes than non-Indigenous Australians. The government has committed to a range of policies and initiatives aimed at closing the gap, but there is still much work to be done.

In conclusion, while the Commonwealth Agreement of 1901 did not address the rights of Indigenous peoples, it played a significant role in the establishment of the Australian federation. It took many years for Indigenous Australians to gain recognition as citizens and for their rights to be acknowledged. While progress has been made, it is essential that we continue to work towards achieving equality and justice for all Australians, including our First Nations peoples.

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