REFERENDUM - Vote for a REPUBLIC
On November 6, Australians will be voting on two referendum proposals. One
is to change the Constitution to make Australia a Republic and the other
concerns a Preamble to the Constitution. Each question requires a "yes" or
"no" vote.
The proposed changes have already been passed by Parliament (on August 12)
in the form of two Bills to alter the Constitution - one to establish a
republic and the other to insert a preamble.
If these changes are supported by a majority of voters across the whole of
Australia and a majority in at least four States, the Governor-General will
give Royal Assent to the Bills and Australia would become a Republic at 3pm
on January 1, 2001 - exactly 100 years after becoming the Commonwealth of
Australia in 1901.
Long struggle for a republic
The Communist Party of Australia supports the aim of achieving a republic
in Australia by the year 2001.
The republican cause has a long history; its roots go back to the earliest
days of colonial occupation.
A great number of the new settlers were also victims of the oppression of
the British ruling class or were the dispossessed from England's conquests
in Scotland, Ireland, Wales and Cornwall. They had taken part in republican
struggles in their former homelands.
The Irish rebels transported to New South Wales demanded independence from
British landowners and the British Crown and fought for it at Toongabbie
(Sydney) in 1804.
The British convicts and settlers brought with them a republican tradition,
for England had been a republic from 1649 to 1660. Many other settlers who
were refugees from oppression in other European countries also carried
republican sentiments. The Diggers on the goldfields of Ballarat sought a
republic at the time of the Eureka Stockade when they first raised the
Eureka flag.
These pioneers had a vision of an independent, democratic and republican
Australia.
Throughout Australia's modern history, working people have championed the
long struggle of the States and then a Federated Australia for
self-government and independence, a struggle which has increasingly limited
the power of the British Crown and Government over Australia.
The monarchy is an unwanted relic of feudalism in England and colonialism
in Australia. It has become irrelevant. The Aboriginal people, the majority
of migrants and many young Australian born women and men have no historical
or cultural association with the British monarchy.
In reality, the only function that the Queen performs today in respect to
Australia is to appoint the Governor-General on the advice of the
Australian Prime Minister and to dismiss the Governor-General on the advice
of the Australian Prime Minister.
The Governor-General at present has several functions:
- ceremonial duties such as the opening of Parliament and receiving letters
of accreditation from foreign diplomats;
- non-reserve (executive) powers where the Governor-General acts on the
advice of the Prime Minister (e.g. makes treaties, dissolves Parliament,
gives assent to Acts of Parliament);
- reserve powers where the Governor-General acts without, or even contrary
to, the advice of the Prime Minister (e.g. sacks the Prime Minister) or
does not take the advice of a Prime Minister to dismiss parliament and hold
an election.
Minimal change
The republican model being put to the Australian people in the referendum
only involves replacing the Queen and Governor-General by a President.
The President (or head of state) would be an Australian citizen, holding
and exercising the same powers as presently held by the Queen and
Governor-General.
He or she would be appointed by a two-thirds majority of a joint sitting of
both Houses of Federal Parliament for a five-year term, after consideration
of nominations from the public. He or she would be proposed by the Prime
Minister and the leader of the opposition.
The Prime Minister could remove the President at any time by a formal
notice in writing which becomes effective immediately.
The Prime Minister is required to seek approval for this dismissal from the
House of Representatives within 30 days, unless an election is about to be
held. But even if the House of Representatives does not approve the PM's
actions in sacking the President, the dismissal stands. This means that a
Prime Minister can exercise a sole arbitrary power to dismiss.
The present Constitution is written to protect the interests of the
capitalist ruling class. Most of the real levers of power lie with the
owners of the banks and insurance companies, the mining conglomerates and
big industries, the transnational corporations and the billionaire media
barons.
It will remain that way under the proposed changes but nevertheless we must
vote "Yes" in November to win a republic and an Australian head of state.
The basic question before us in November is not so much the method of
election of the new Head of State but whether or not we want a republic.
This is the fundamental issue.
Having a popularly elected Head of State and Parliament would
lead to the formation of two possibly conflicting centres of
power. The Parliament, elected by the people, must remain the
prime institution in our political system.
Support the republic
The Communist Party of Australia urges you to vote "YES" for an
Australian republic while continuing the struggle for future
progressive changes to the Constitution.
The CPA advocates a number of other changes to the Constitution.
We call for the inclusion of a Bill of Rights, the introduction
of an electoral system based on proportional representation,
Constitutional laws protecting the environment, reference in the
Constitution to the rights of the Aboriginal and Torres Strait
Islander people among others.
But these are not being considered in the coming referendum and
will continue to be struggled for to make the Australian
Constitution truly progressive.
Reject the preamble
The second referendum question deals with the addition of a
preamble to the Constitution. The proposed new preamble reads:
With hope in God, the Commonwealth of Australia is constituted as
a democracy with a federal system of government to serve the
common good.
We the Australian people commit ourselves to this constitution
proud that our national unity has been forged by Australians from
many ancestries;
never forgetting the sacrifices of all who defended our country
and our liberty in time of war;
upholding freedom, tolerance, individual dignity and the rule of
law;
honouring Aborigines and Torres Strait Islanders, the nation's
first people, for their deep kinship with their lands and for
their ancient and continuing cultures which enrich the life of
our country;
recognising the nation-building contribution of generations of
immigrants;
mindful of our responsibility to protect our unique natural
environment;
supportive of achievement as well as equality of opportunity for
all;
and valuing independence as dearly as the national spirit which
bind us together in both adversity and success.
The preamble, if endorsed, would become an introduction to the
Constitution.
There would also be a new section in the Constitution saying that
the preamble has no legal effect and cannot be used to interpret
the Constitution or any other law.
The proposed new preamble is, therefore, no more than a
"motherhood" statement, but even as such it is inadequate and the
Communist Party recommends its rejection by a "NO" vote.
Land rights ignored
The only term in the new preamble to the Constitution used to
describe the relationship of Aborigines and Islanders to the land
is "kinship".
The Aboriginal inhabitants were brutally dispossessed in the name
of a foreign king and the new Australian state was founded on
invasion, conquest and colonisation.
The proposed preamble ignores the fact that Aborigines and Torres
Strait Islanders were the original owners of the land and
resources.
"Kinship" is an inadequate term to describe the traditional
relationship of Aboriginal communities with their lands. It also
eliminates any concept of the rights of Aborigines and Torres
Strait Islanders to their lands.
We cannot make a new start in Australia with a republic based on
a lie which serves the interests of the pastoralists and mining
corporations and denies history and justice.
A republican Constitution should recognise Aboriginal and Torres
Strait Islander land rights. This should include communal,
inalienable title to their traditional lands as well as all areas
of sacred significance and include the right to own and control
the natural resources in and on their lands and the sea.
The Constitution should also provide for the establishment - in
accordance with the wishes of indigenous communities - of
autonomous areas where Aboriginal and Torres Strait Islander
communities will be able to control the direction and pace of
development of their economic, social and cultural life.
Non-secular
A further objection to the Howard draft preamble is its use of
the words "With hope in God".
It is widely accepted that an Australian Bill of Rights should
include the "right to freedom of religion and freedom from
religion". The new preamble should therefore not include any
reference to God.
Given that over 20 per cent of Australians are non-believers,
according to the last census, and given the long acceptance of
separation between church and state, a secular preamble would be
more appropriate for the new Australian Republic.
The Communist Party of Australia recommends a NO vote on the
question of the preamble.
Further information on the CPA's proposals for changes to the
Constitution is available in the pamphlet, FOR AN INDEPENDENT AND
DEMOCRATIC REPUBLIC OF AUSTRALIA, $2 (plus $1 p&p) from 65
Campbell St, Surry Hills, NSW, 2010.
CPA recommends:
Question 1: Do you approve the proposed alterations to the<R>
Constitution to establish the Commonwealth of Australia as<R> a
republic with the Queen and the Governor-General being replaced
by a President appointed by a two-thirds majority of the members
of the Commonwealth Parliament?
The CPA recommends vote: YES
Question 2: A proposed law: to alter the constitution to insert a
preamble. Do you approve this proposed alteration?
The CPA recommends vote: NO
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