The Executive Council of Aus­trali­an Jewry (ECAJ), the elected rep­res­ent­at­ive organ­isa­tion of the Aus­trali­an Jewish community, presents the following sub­mis­sion for con­sid­er­a­tion by the Panel con­cern­ing the proposal to recognise Abori­gin­al and Torres Strait Islander peoples in the Aus­trali­an Con­sti­tu­tion.

Overall, the ECAJ favours amend­ments to the Con­sti­tu­tion which will:
(i) artic­u­late the fun­da­ment­al values of Aus­trali­an society;
(ii) recognise the distinct iden­tit­ies and rights of Indi­gen­ous Aus­trali­ans arising from their prior and unique rela­tion­ships with their lands, ter­rit­or­ies and resources;
(iii) repeal current pro­vi­sions in the Con­sti­tu­tion which are based on racial dis­crim­in­a­tion (sections 25 and 51(xxvi));
(iv) provide for the insertion of an enforce­able guarantee of racial equality that would apply generally to the Parliament’s power to legislate (the racial equality guarantee);
(v) empower the Aus­trali­an Gov­ern­ment, not­with­stand­ing the racial equality guarantee, to pass laws with respect to Abori­gin­al and Torres Strait Islander peoples for their benefit and advance­ment;
(vi) empower the Com­mon­wealth to negotiate and conclude agree­ments with Abori­gin­al and Torres Strait Islander peoples on matters that affect their com­munit­ies, and for the terms of such agree­ments to apply not­with­stand­ing any incon­sist­ency with existing State or Federal laws.