The University of Queensland

Image 3E. FCAATSI delegation in Canberra, September 1963, including Torres Strait Island delegate Elia Ware (far left), Kath Walker (center), & Doug Nicholls (second from the end).

Legal discrimination against Aborigines at local, state and Commonwealth levels became a particular focus of Aboriginal rights campaigning in the 1950s and 60s.

Many white activists were convinced that inequality under the law and the absence of political rights were key causes of indigenous disadvantage.

Referring to social advances in post-colonial China, India, Burma and Indonesia, prominent feminist and labour movement identity Jessie Street argued in 1957 that "there is every reason to suppose that ...similar improvements in their standards of living would follow if Aborigines were given civil and political rights and social benefits" ¹

Street believed legislative action at a federal level was necessary to overcome the entrenched racism of the states and provide a uniform approach to delivering indigenous rights.

"The people must be lifted out of their misery and only the Commonwealth could do it," was her catchcry. ²

Under the Australian Constitution, however, while the Commonwealth could make laws with respect to "people of any race", Section 51(xxvi) expressly denied it the power to make "special laws" for Aborigines.

The Constitution (Section 127) also prevented indigenous Australians from being counted in the Census.

There was no question that these provisions were discriminatory and that Section 51 was an impediment to Commonwealth legislative action for the benefit of Aborigines as a group.

Street and others, however, went further, claiming (in fact inaccurately) that the Constitution as it stood denied Aborigines citizenship.

Out of this mixture of liberal thinking and legal confusion a new movement focussing on constitutional reform was about to be launched.

Campaigning for Aboriginal citizenship, c1959

The banner features an image of acclaimed artist Albert Namatjira, a member of the Arrernte people from the Northern Territory.

In the 1950s Namatjira's artistic success led the authorities to grant him an exemption from the restrictions normally applying to Northern Territory Aborigines.

As a "full" citizen he enjoyed the right to purchase alcohol but was prohibited from sharing it with other Aborigines, even though sharing was customary in Aboriginal culture.

In 1958 he was charged and convicted with supplying alcohol to fellow artist Henoch Raberaba and was eventually gaoled for two months.

The case caused a public outcry and drew attention to the discrimination and double standards at the heart of national policy on indigenous affairs.