Women Say...on the Republic

Women Say...on the Republic

JOINT PROPOSAL FOR EFFECTING CONSTITUTIONAL CHANGE AND SELECTING AN AUSTRALIAN HEAD OF STATE.

from

Women Into Politics and Women's Electoral Lobby

7th November 2001

The purpose of this proposal is for women to be fully engaged and full participants in the process and in the process outcomes of Constitutional change.

Women's voices are frequently absent from major political and decision-making events. These events are usually based on invited lists of eminent persons from which women are in general omitted because of past discrimination against them in holding high-level public and private positions. This practice must not continue.

The proposal is cognizant of (1) the Outcomes Statement and the papers read at the Women's Constitutional Convention, (WCC) Canberra, 29 & 30 January 1998. Approx. 280 women from all around Australia, from many non-government organizations attended the Convention and (2) the processes and outcomes of the Australian Constitutional Convention 1998.

The Outcomes from the Women's Constitutional Convention were supported by the majority of women attending. The Women's Constitutional Convention covered a wide range of matters such as the introduction of changes to the Constitution, a preamble to the Constitution, the introduction of a Bill of Rights, Electoral Reform, etc. Those interested in viewing the full document may visit the website: http://www.womensconv.dynamite.com.au.

Principles of any Constitutional Change

"The principles which must be adhered to ……. in all constitutional changes are:

• full recognition of indigenous Australians,
• gender equity in all processes of change. That is, in all mechanisms for developing, evaluating and finalising options for change and in the operation of processes for selection of the Head of State, · gender equity must also be promoted by the outcomes. That is, the effect of a move to a Republic and any other constitutional changes must promote women's equality in society,
• respect for diversity including cultural, religious, and sexual diversity, and
• · the need to ensure that social cohesion, political stability and our democratic culture are promoted." WCC Outcomes statement)

Selection of the Head of State

"The selection / appointment process for the Head of State must involve women at least to the same extent as men. This means, for example, that if selection / appointment involves an advisory or determinative college that women must be represented at least to the same extent as men.

"The selection / appointment process for the Head of State must guarantee that women's chances of occupying the position are substantively equal to those of men. For example, the selection process should address and overcome matters such as women's disadvantaged status in political parties, women's inferior financial power, women's restricted access to the media." (WCC Outcomes statement)

Powers of the Head of State

"The powers of the Head of State should be no greater than those of the current Governor-General.

There should be strong emphasis on the importance of the ceremonial role as a source of social cohesion and unity" (WCC Outcomes statement)

We are in agreement with these principles and recommendations from the Women's' Constitution Convention. They are important considerations when effecting Constitutional reform.

Method of electing and/or selecting a Head of State

Any referendum on methods of electing and/or selecting a Head of State will need to be workable, allow voters to participate in the process, be cost effective options and minimise the role of the somewhat discredited political parties.

Therefore we recommend that:

• assuming that each Head of State is elected and/or selected for a period of five or six years voter participation be synchronised with every second Federal election.
• the Head of State's term of office be coincidental with and limited to two terms of the Federal Parliament.
• each electorate elect two representatives, one male, one female, to an Assembly to Elect the Head of State to be eligible for election to the Assembly, the candidate must be a registered voter in the electorate; must be nominated by ten other similarly registered voters, must not be a person with a current party political affiliation.
• the role of the Assembly is to elect a Head of State from those persons nominated by their fellow citizens.
• the Australian Electoral Commission in association with a retired Head of State (or retired Governor's-General), a retired High Court Judge and six nominees of national community organisations, appointed only for one selection/election, administer this process, ensuring that candidates meet the selection criteria, preparing the material submitted by those nominating candidates and distributing it to elected representatives.
• the actual selecting/electing a Head of State by the members of the Assembly be done by postal or electronic voting.
• persons elected to the Assembly to select/elect the Head of State and persons administering the process, be required to take an oath of secrecy to maintain confidentiality concerning persons nominated for selection as Head of State with the penalty for breaches of confidentiality be a punitive fine and removal from the process. · the Head of State's term of office be coincidental with and limited to two terms of the Federal Parliament.
• the role of the Federal Parliament be confined to confirming the appointment of the Head of State.

  This proposal would probably satisfy voters' need to be involved in the process. Expenses for all positions to be determined at an appropriate time. This proposal has the added merits of being relatively inexpensive; involves only 2 (one male, one female) persons to each electorate, approximately 350 persons, encourages the maintenance of confidentiality; reduces opportunities for lobbying by supporters. The process also ensures that candidates are protected from publicity and humiliation if not selected and minimalises the role of the political parties - the latter our perceived source of voter dissatisfaction after the 1998 Constitutional Referendum.

Nominations and candidature for Head of State

For selection or election as Head of State, we recommend that a person should:

• be a citizen of the Commonwealth of Australia
• not have recent party political affiliation
• have a record of public service in an area or areas, not only and preferably in other than his or her area of training and regular paid employment. Note, a record in public service in the community services sector would have to rate as highly as a record in the Treasury Dept.
• be a person of recognised strength, independence and integrity, with a record of public voluntary service to community, professional organisation, union, or business organisation.
• be committed to democratic, inclusive and multicultural values
• not be subject to a religious test but also not be a person of known illiberal or restrictive religious views
• not be a serving politician at the time of nomination
• be nominated by at least ten citizens, under conditions of confidentiality, similar to nominations for Australian Honours system.

  This recommendation maintains the independence of the Head of State similar to that of the current Governor General; maintains the tradition of having a distinguished and inspirational person similar to past Governors-General and maintains the confidentiality of the process so that suitably qualified persons will allow their names to go forward, without the any risk of subsequent embarrassment if they are not selected.

Changing the Constitution by Referendum

The Australian Constitution requires that any constitutional change be put to referendum.

Subsequent to the 1998 Referendum on the question of a republic, it was clear that the Australian public were dissatisfied with the questions put and further that they wanted to participate in the selection of a Head of State.

Therefore we recommend that any referendum or referendums should include options and these options must be expressed simply and require definitive answers. Quoting parts of the Constitution by section and number in a question is elitist and irrelevant and a means of confusing and disenfranchising many voters.

Example:

Should Australia become a republic? YES or NO

Should Australian voters participate directly in the election of a Head of State? YES or NO

If NO,

Should Australians vote to elect 2 persons from their electorate to represent them in selecting select a Head of State? YES or NO

Full and effective participation

We also propose that the process should include civic education as outlined in this Women's Constitutional Convention's Outcomes statement:

"That in order for the whole community to participate effectively in considering whether additional constitutional reform occurs, there must be an active, effective and immediate process of civic education which fully addresses diverse community needs including accessibility issues related to literacy and language.

"That the government facilitate and assist to resource women's participation in constitutional change and broad awareness of women's concerns following on from the Women's Constitutional Convention."

EXECUTIVE SUMMARY

This proposal is made on behalf of women by Women Into Politics and the Women's Electoral Lobby.

The purpose of this proposal is to offer a model for selecting an Australian Head of State that ensures that Australian voters, especially women, are full participants in the constitutional change process, and also that they are equally considered for the position of Head of State. Any process, which the conference proposes, must address the serious undervaluing of women's expertise and contribution.

Our proposal requires a process of community education and offers an open, transparent and relatively inexpensive process for nomination and election/selection of a Head of State. Our proposal puts forward a process that we consider will have the respect of Australian voters.

We appreciate the opportunity of being able to submit this proposal.

Joan Bielski, AM For Women Into Politics E: bielski@bigpond.com T: (02)9437.6916

Anne Barber for Women's Electoral Lobby E: annebarber@bigpond.com T: (02)9212.4374

Send mail to women.republic@webone.com.au with questions or comments about this web site.
Last modified: 11 May, 2002

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