AUSTRALIA; REFERENDUM; INDIGENOUS PEOPLES; VOICE
27 SEPTEMBER 2023
On the same day that New Zealanders vote for their next government, their neighbours in Australia will be voting in a historic referendum on the voice of its indigenous people.
In this BALANCER, we'll look at exactly what is being asked of the Australian people, how its being interpreted, and what would actually change under a Yes vote.
INTRODUCTION
The basis for this referendum on a voice for Australia's indigenous peoples goes back six years, or 235 years, or upwards of 50,000 years - depending on how you want to view it.
By whichever metric, it's arguably long overdue.
While public and social recognition of the Aboriginal and Torres Strait Islander peoples has become widespread in Australia in recent years, their political voice as the original inhabitants of the country has never been formalised.
The referendum vote on October 14, however, could change that.
A LONG TIME COMING...
The Aboriginal people have been inhabitants of Australia for over 50,000 years, when it was part of the Sahul continent.
The country was colonised by the British 235 years ago, but in that time Australia has never signed a treaty with its indigenous people. It remains the only Commonwealth country which hasn't done so.
But six years ago, in 2017, the Uluru Statement from the Heart was issued by a group of more than 250 indigenous leaders.
While it rejected the idea of constitutional recognition, it did advocate for a "voice" in parliament which would be enshrined in the constitution.
It is the Uluru statement which has led Australia to this potentially historic referendum.
WHAT THE REFERENDUM IS ASKING
The referendum is actually asking Australians to vote on a proposed change to the Constitution - the first in 46 years - which would look like this:
Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples
129 Aboriginal and Torres Strait Islander Voice
In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:
- There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
- The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
- The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.
WHAT WOULD THE 'VOICE' BE ABLE TO DO?
If established, the Voice would be a body that would "make representations to the Parliament and the Executive Government on matters relating to Aboriginal and Torres Strait Islander peoples."
It would also:
- appoint its own members, without influence from the Government;
- consult with grassroots communities and regional bodies to inform its decisions;
- have its own resources for research and development;
- be subject to standard governance and reporting requirements.
In addition, the Australian Parliament and Government - when developing proposed laws and policies - would seek representations from the Voice early in the process.
It would NOT:
- manage money or deliver services;
- have a veto power.
THE 'DOUBLE MAJORITY' VOTE
THE 'YES' SCENARIO
The proposal can only become law if more than 50% of voters all over Australia, AND more than 50% of voters in at least FOUR states, vote YES.
THE 'NO' SCENARIO
The proposal will be rejected if more than 50% of voters all over Australia, AND/OR more than 50% of voters in at least THREE states, vote NO.
TWO REGIONS ARE (PARTLY) EXCLUDED
Everyone participates in the national vote, but the state vote excludes voters in Australia's two TERRITORIES - namely the Northern Territory, and the Australian Capital Territory.
That leaves the six regions with full statehood - Queensland, New South Wales, Victoria, South Australia, Tasmania, and Western Australia - to decide the state vote.
A NATION STILL DIVIDED?
'ONE AND FREE'?
In 2021, a line in the Australian national anthem was changed from "we are young and free" to "we are one and free" - an acknowledgement of the country's indigenous history, and that all its inhabitants are one people.
The reality however is that Australia is heavily divided.
Aboriginal and Torres Strait Islander peoples fall behind on several markers including health, education, and employment, and they make up a far higher proportion of the prison population.
Indigenous groups supporting the referendum's Yes vote say an initiative like the Voice will mean the needs of their population can start to be addressed from the top.
But the idea of giving a constitutionally-recognised voice to the country's indigenous has inevitably fuelled levels of racism and disinformation.
Opposition leader Peter Dutton has said the Voice “will permanently divide us by race” and “re-racialise” the constitution.
FURTHER READING
A yes vote for the voice would mean Australians could meet each other’s eyes and not flinch
Kirstie Parker (The Guardian - Opinion)
20 SEPTEMBER 2023
Failure to vote in the Voice referendum will not count as a Yes vote
RMIT University FactLab Debunks
15 AUGUST 2023
Indigenous Voice: Getting ready to explain to the world if Australia votes “No”
Lowy Institute
16 MAY 2023
