03 June 2023

Gajalakshmi Paramasivam

 

 

 

THE VOICE  Vs  ICERD

 

My article on the ‘voice’ educated me about  Section  51(xxvi) of our Australian Constitution, which was described as one rendering ‘race-power’, by an Australian of Sri Lankan origin who began his response as follows to my friend:

 

[I support the YES case to the Voice. Don’t believe all the racist rubbish from white trash like Alan Jones, Pauline Hanson and Mark Latham. They belong in the dustbin of History.  ]

 

That writer goes on as follows:

‘The VOICE gives power to the original inhabitants to ADVISE the parliament (the Australian peoples’ house). That’s all – ADVISE.’

My question is : Why do we need a referendum , which according to news reports , would cost us $364.6 million ?

As per Section  51(xxvi) of the Australian Constitution:

‘The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

(xxvi.)  the people of any race for whom it is deemed necessary to make special laws;

This could mean laws against any race including Tamils or Sinhalese of Sri Lankan origin.

Australia is a signatory to

The UN’s  International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

As per my interpretation,  Section 51(xxvi) of the Australian Constitution and the fundamental values of ICERD which promotes common global values.

We need to repeal Section 51(xxvi). If that needs a referendum, such a move would be in harmony with ICERD. If it is merely to advise the government, then it is not valid expenditure. I advise the government regularly.

If the current government is trying to get political mileage out of this, it is highly likely that the damage would be exponential, as it was in Sri Lanka, whenever Buddhism foremost was activated by a citizen who may or may not have knowledge of the constitutional provision. In Australia, Section 51(xxvi) may have been considered necessary at that time.  Likewise, Buddhism Foremost article  in the 1972 Sri Lankan constitution, due to JVP insurrection in 1971.

The laws are minds of the parliamentarians. If those minds (including the minds of heirs) become idle, they would become the Devil’s workshop.