As things stand at the present, Australia’s Constitution does not recognise Indigenous or Torres Strait Islander Peoples’ prior occupation and custodianship of their land.
Actually, section 51(xxvi) allows special laws to be passed to the disadvantage of Aboriginal people, and section 25 enables state laws to disqualify people of a particular race from voting at state elections.
An expert panel recommended to remove sections 25 and 51(xxvi) and adopt new sections:
1) Add Section 51 (A) to recognise Aboriginal peoples’ occupation of the land and continuing relationship with lands and water. The section would also pay respect to culture, language and heritage, and state that the government can only make laws to the benefit of Indigenous People.
2) Add Section 116A specifically to prohibit racial discrimination for all Australians. It would forbid any government from discriminating against a person based on race, colour, ethnicity or national origin.
3) Add Section 127 (A) for recognition of languages and to acknowledge and protect the role that languages have in Aboriginal communities.