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The Voice and Constitutional Recognition of First Nations People: For and Against Arguments

A historic vote has just taken place (Wednesday night 22.3.23) to pass the Referendum (Machinery Provisions) Amendment Bill in both houses of federal parliament. Opposition leader, Peter Dutton, gave Coalition support after securing some amendments in relation to the referendum on the Voice that will be held between October and December this year. (Cartoon by Independent News)

Whereas governments in the past had funded both the yes and no campaigns for referendums, the Albanese government had been planning to only fund an information campaign that would in essence be pro-voice and were seeking to censor misinformation, which people took to mean, no campaign arguments. They were also only granting tax-deductible gift recipient (DGR) status to the yes campaign. This was discriminatory. That mostly changed this week.

While Dutton was not able to secure funding for a no campaign, representations from the coalition have meant that the government will only be able to fund a neutral civics and education program so that any public funding on activities considered partisan can be legally challenged. Also, the no campaign can now benefit from DGR status.

There have been divisions with the referendum working group the government set up to advise it. These were over whether to include advice to executive government (public service and ministers) as well as parliament. When the Attorney General and Solicitor General raised concerns that including advice to executive government with the referendum working group, they were rejected. While the Solicitor Generals advice has not, and should be, made public, it appears the recommendation was to include “ministers of the crown” and not the public service.

Right up to the last minute, it looked like the Albanese government would end up in a big fight with the referendum working group over the final wording of what would be put to the public in the referendum. However, it was the Prime Minister (PM) himself who had added “executive government” into the wording for the Voice referendum he gave at the Garma Festival. So, despite the possible legal minefield and possible bogging down of government, the PM has agreed to their advice. As the PM has said in the past, it would be a brave government that did not take the advice of the Voice even if it is not a veto.

After cabinet approval, the PM (Albo as he is called) met with some of the 21 members of the Voice for a press conference on 23.3.23 to confirm the wording that would be put to the Australian public on referendum day. The consensus was nearly not there in time but the deadline was Thursday as there would be a final vote in parliament next week on the wording when a constitutional alteration bill will be put to parliament.

Albo was a bit teary as he is staking his political career on the referendum’s success as it will be a big part of his legacy. Albo’s draft amendment was, the Voice “may make representations to parliament and the executive government on matters relating to Aboriginal and Torres Strait Islander Peoples.”

The final wording the referendum working group put to cabinet who agreed to it is, “A proposed law: To alter the constitution to recognize the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?”

On face value, this looks as simple a proposition as Albo keeps maintaining. However, the documentation accompanying it also says, that if it succeeds, the constitution will state that, the “Voice may make representations” to the Parliament and the government “on matters relating to Aboriginal and Torres Strait Islander peoples.”

This could mean anything and everything and it will include the public service. The details of the composition, functions and powers of the Voice will be worked out after the vote which means that there is still not the detail that many would like.

Prof Megan Davis of the referendum working group released the nine key design principles that will guide the Voice with details to be worked out after the referendum. The working group will stay in place to advise the government for a long time into the future till the Voice is established. Some of the design principles were in The Australian 23.3.23

See the ABC report on announcements : https://www.youtube.com/watch?v=_dwC0xmBCKA

Megan Davis and other members of the Uluru Statement of the Heart visited Yarrabah Aboriginal community near Cairns for a meeting on Voice Treaty Truth on 10 April 2022. Why were they there? Because one of the few surviving campaigners of the successful 1967 referendum, Alf Neal, lives there. The 1967 referendum to count Aboriginal people in the constitution and give the federal government the power to legislate for Indigenous people had bipartisan support and was passed with over 90% support. Norman and I were invited to attend by the Mayor of Yarrabah, Ross Andrews and is pictured here with Alf’s son, former mayor Percy Neal.

So, what are the arguments for and against the Voice that people have been discussing?

Arguments for the Voice

Launch of the Yes Campaign

The Yes Campaign was launched in Adelaide on 23.2.23 after workshops on strategies. The yes campaign director, Dean Parkin was upbeat. The Paul Ramsay Foundation, Australia’s largest philanthropic body, announced $5m in funding for Australians for Indigenous Constitutional Recognition (AICR), which will be the movement’s fundraising and governance body.

Their website, yes23.com.au, provides talking points for the volunteers it will recruit, and provide posters and flyers for the campaign.

The AICR co-chair, Rachel Perkins, well-known filmmaker and daughter of famous activist Charlie Perkins, said the campaign now had “tremendous momentum.”

https://www.theguardian.com/australia-news/2023/feb/23/voice-to-parliament-yes-campaign-launches-with-pledge-to-take-conversation-to-the-people

Brief Background

Before going to the against arguments, I will give a little background on the long journey to recognition which I covered in detail in my book Secrets and Lies: The Shocking Truth of Recent Australian Aboriginal History, A Memoir. See www.barbara-miller-books.com. The big question is how to do that.

Norman presenting his giant boomerang with over 300 signatures on the back opposing racism in the constitution & supporting Indigenous recognition in the constitution to then speaker Bronwyn Bishop with Warren Entsch MP, Barbara Miller, and former Minister for Indigenous Australians Ken Wyatt at Parliament House Canberra 27.11.13
Norman presenting his Miller Boomerang Petition with over 5,000 signatures to then speaker of the house with then clerk of the house, Warren Entsch MP, and Barbara Miller at Parliament House Canberra 8.2.16. It opposed racism in the constitution & supported Indigenous recognition in the constitution. It was tabled in Parliament by Entsch

Warren Entsch MP Presents the Boomerang Petition to Parliament on behalf of Indigenous Leader Norman Miller https://www.youtube.com/watch?v=4LSEErGV1rI&feature=youtu.be

What are the opponents of the Voice saying?

Two no campaigns are being led by Sen Jacinta Nampijinpa Price and Nyunggai Warren Mundine, both Aboriginal. A group of traditional people from around the Northern Territory who oppose the Voice travelled to Canberra but were not given the courtesy of meeting Linda Burney, Minister for Indigenous Australians or the PM on March 22 when discussions were underway at Parliament House. Yet the PM said the Voice was informed from the bottom up not the top down. So here are the arguments:

Albo said from the outset that he didn’t need bipartisan support and there has been little attempt to garner it. Referendums in Australia don’t tend to pass without bipartisan support and rarely do anyway unless they are about minor changes. The Nationals have opposed it and the federal Liberals will probably oppose it in its current form.

Former deputy prime minister John Anderson, Warren Mundine and others are members of “Recognise a Better Way,” a campaign that argues the Voice is “the wrong way to recognise Aboriginal people or help Aboriginal Australians in need”. https://theconversation.com/former-deputy-prime-minister-john-anderson-joins-group- spearheading-no-campaign-on-the-voice-195571

Jacinta Nampijinpa Price has moved from the Recognise a Better Way campaign to the no campaign of Fair Australia of Advance Australia, saying she does not want Australia divided by race https://www.skynews.com.au/australia-news/voice-to-parliament/northern-territory- senator-jacinta-price-defects-to-new-campaign-opposing-the-voice-to-parliament-ahead-of- referendum/news-story/e4076715009ebfc853e22af35b13941c

Nevertheless, Australia is at a crossroads on this matter of dealing with the Uluru Statement from the Heart. It is a momentous time. However, there is no doubt that this will be a radical alteration to Australia’s constitution with unforeseeable consequences if the yes vote is successful.