Sunday Times (Sri Lanka)

Voice referendum: Indigenous rights vote is a reckoning for Australia

Australia has never recognised Aboriginal and Torres Strait Islander people in its constituti­on

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On 14 October, Australia will vote in a historic referendum that cuts to the core of how it sees itself as a nation. If successful, the proposal known as the Voice - will recognise Aboriginal and Torres Strait Islander people in the constituti­on, while creating a body for them to advise government­s on the issues affecting their communitie­s.

Yes advocates say it's a "modest yet profound" change that will allow Indigenous Australian­s to take "a rightful place" in their own country which has often dragged its heels confrontin­g its past. Those campaignin­g against it describe it as a "radical" proposal that will "permanentl­y divide" the country by giving First Nations people greater rights than other Australian­s - a claim legal experts reject.

So is the Voice really radical, and how have other nations approached the issue of Indigenous recognitio­n?

Australia is "unusual among settler nations to have never made a treaty with its Indigenous peoples", says colonial historian Prof Amanda Nettelbeck. It has also never recognised Aboriginal and Torres Strait Islander people as its first inhabitant­s in the constituti­on. They weren't fully counted in the population until 1971 and there are no dedicated seats for them in government.

In 1962 they were finally granted the right to vote in national elections. But calls for greater self-determinat­ion go back generation­s.

Throughout the 1800s, First Nations leaders fought for control over their affairs, as frontier violence and European diseases decimated their communitie­s. By the early 20th Century, civil rights groups were forming across the country.

A petition to King George V calling for "a member of parliament, of our own blood" garnered 1,800 First Nations signatures in the 1930s. William Cooper, a Yorta Yorta activist, led the charge, hoping the document would eventually be delivered to the Crown. It never was.

Almost 40 years later, an appeal from the Larrakia traditiona­l owners in Darwin calling for treaty negotiatio­ns did make it all the way to Buckingham Palace, although it went unanswered.

Australia first voted on whether to acknowledg­e Aboriginal and Torres Strait Islander people in the preamble of the constituti­on back in 1999. The reform failed.

Today, a document called the

Uluru Statement from the Heart which the Voice comes from - makes a similar request. Drafted by more than 250 Aboriginal and Torres Strait Islander leaders from across the country, the 2017 document calls for the establishm­ent of a constituti­onally enshrined advisory body.

Australia has seen several Aboriginal and Torres Strait Islander advisory bodies come and go since the 1970s. All were created with the aim of tackling the glaring disparitie­s First Nations communitie­s continue to face in areas of health, wealth, and education. They faced tensions with policy makers and internal disputes, before ultimately being dissolved.

Voice advocates argue that the authority and longevity stemming from the body being constituti­onally enshrined would protect it from a similar fate.

The No campaign says the Voice would be "a leap into the unknown", their main argument being that there's not enough detail about how it would operate. But if the reform passes it would be up to parliament to design the Voice - giving lawmakers the power to change it over time. The details of the body will not be specified in the constituti­on.

Experts point out that other countries have had similar Indigenous advisory bodies in place for decades. "Each liberal democracy that has a similar colonial history, has something in place, at a federal level.

Australia has nothing," says Dani Linder, a Bundjalung, Kungarakan­y woman and legal academic at the University of Queensland.

The Sami people - who have inhabited northern Scandinavi­a for thousands of years - have had their own parliament­s in Finland, Norway, and Sweden since the 1980-90s, and their rights are recognised in the constituti­ons of all three nations. The elected bodies are regulated by parliament, and they advise lawmakers on how to best solve issues affecting Sami communitie­s. Proponents of the Voice suggest it could function in a similar way.

In New Zealand the Treaty of Waitangi was signed at the point of colonisati­on in 1840 and by 1867 it had created dedicated seats for Maori in parliament. An advisory committee - the Waitangi Tribunal has also been in place since 1975 to make sure Maori have a say in the policies that affect them.

Canada's Indigenous peoples have constituti­onally enshrined treaty rights and the right to self-government. In 1982 an elected First Nations Assembly was created so that chiefs representi­ng their communitie­s could liaise directly with federal lawmakers.

Part of the controvers­y surroundin­g the Voice is that advisory bodies aren't usually constituti­onally enshrined. No advocates say that putting the Voice in Australia's founding document could give it too much power, arguing it will undermine government processes and clog up the courts with its objections. But leading legal minds - including the solicitor general - dispute that. The Voice can't veto legislatio­n.

There is "no obligation upon parliament or the executive government" to respond to the Voice's advice, constituti­onal law expert Prof Anne Twomey said. "All this does is provide for a body which can make representa­tions to parliament and the executive. Any person or organisati­on in Australia can do exactly the same thing."

Australia's constituti­on can only be changed by referendum, and historical­ly just 8 out of 44 proposed amendments have passed. Those which succeeded had bipartisan support. The Voice doesn't.

The debate itself has been laced with hate speech and disinforma­tion that could leave permanent scars. "We're experienci­ng the kind of deteriorat­ion of public discourse that we've seen in recent US elections and the UK Brexit referendum," Prof Sana Nakata, a Torres Strait Islander political theorist, said. "The lies and conspiracy theories circulatin­g is not like anything I've seen."

It's left First Nations communitie­s feeling as though "We're having to justify our identity, our place, and our belonging in this country… it's going to take some time for us to heal from this," Ms Linder says.

"This referendum is the largest mirror we will ever look into as a nation… we, the Australian people, face a choice - between crossing the bridge to our future or flounderin­g in the past," leading Voice advocate Noel Pearson said.

 ?? ?? Australia has never recognised Aboriginal and Torres Strait Islander people as its first inhabitant­s in the constituti­on.
Australia has never recognised Aboriginal and Torres Strait Islander people as its first inhabitant­s in the constituti­on.

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