The Voice to Parliament
Queensland Teachers' Journal, Vol 128 No 3, 5 May 2023, page no. 9
On 26 May 2017, the Uluru Statement from the Heart was published by delegates to the First Nations National Constitutional Convention, which was held after the Referendum Council (appointed by the then-Prime Minister and Opposition Leader) travelled around the country and met with more than 1,200 people.
The Statement calls for Voice, Treaty and Truth. The first of these is a First Nations Voice to Parliament protected by the Constitution. First Nations peoples will have a Voice with which to inform policy and legal decisions that impact upon First Nations communities and lives. Giving people a say in their own matters is part of self-determination, a human right for Indigenous peoples under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Having a Voice enshrined in the Constitution would be significant for a few reasons. Firstly, it would see First Nations peoples recognised in the Australian Constitution for the first time. Secondly, once enshrined in the constitution, the Voice could not be shut down by subsequent governments on a whim. Constitutions can only be changed through referendums, which is why Australia will be having one later this year. Additionally, by having a Voice in the Constitution,
Australia will be recognising the special place of First Nations peoples in Australian history.
The referendum is expected to take place between October and December this year, with the question expected to be as follows.
"A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
Do you approve this proposed alteration?"
If there is a “Yes” vote, the proposed alteration to the constitution is expected to be as follows.
"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:
1: There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice
2: 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
3: 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."
The Uluru Statement calls for “the establishment of a First Nations Voice enshrined in the Constitution, and a Makarrata Commission to supervise a process of agreement-making and truth-telling about our history”. In the five years since the Statement’s release, a joint select committee has considered the proposal, and a co-designed First Nations Voice process has outlined, in detail, the options for how a Voice could work. The final report can be accessed here: https://voice.niaa.gov.au/final-report
There is lots of discussion and argument related to the Voice, the two biggest claims being that it is not specific enough, or that it doesn’t need to be in the Constitution when it can just be legislated. Both of these points are not true – the Voice has undergone significant consultation and co-design, and it needs to be enshrined in the Constitution so subsequent governments cannot disband it.
First Nations peoples invite non-Indigenous Australians to walk with us in a movement of the Australian people for a better future.
We cannot get the “Yes” vote alone – will you join us?