The Road to Uluru: Constitutional Recognition and the UN Declaration on the Rights of Indigenous Peoples

Abstract

Aboriginal and Torres Strait Islander peoples have campaigned for reform to the Australian state for generations. Over the last decade, debate over constitutional recognition has assumed mainstream prominence as a series of parliamentary and expert bodies designed to raise awareness of the need for change, propose options for that change, and build a community consensus around those proposals have been established. This article assesses the five public processes undertaken between 2010 and 2017. It explains that constitutional reform has been hampered by state ambivalence towards the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, it argues that that same state ambivalence created space for Aboriginal and Torres Strait Islander peoples to eventually take control of the debate, reframe it along their own priorities, and re-energise the movement for constitutional recognition. Even if prospects for a referendum remain uncertain, the Uluru Statement from the Heart has succeeded in building community consensus for a clear proposal because the UNDRIP informed and influenced its development.

Keywords: constitutional recognition, Indigenous peoples, UNDRIP, Declaration on the Rights of Indigenous Peoples, Uluru Statement