The story so far: A bill passed by the Australian Parliament earlier this week has set the stage for a historic referendum on constitutional recognition for the Indigenous people, who account for 3.2% of the country’s nearly 26 million population.
On June 19, the Senate approved the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023, which proposes a change in the Constitution to establish a representative body that will advise Parliament and the government on matters related to Indigenous people. The Lower House passed the draft last month.
Prime Minister Anthony Albanese has called on Australians to “make history” with a ‘yes’ vote. “Parliaments pass laws, but it is people that make history. This is your time, your chance, your opportunity to be a part of making history. It will be a moment of national unity, a chance to make our nation even greater,” the PM said at a press conference.
Who are the Indigenous people of Australia?
The Australian government defines Indigenous people as those who “are of Aboriginal or Torres Strait Islander descent; identify as being of Aboriginal or Torres Strait Islander origin; and are accepted as such in the communities in which they live or have lived.” The Torres Strait Islands are now part of the Australian state of Queensland.
Harold Thomas, the designer of the Aboriginal flag.
Aboriginal Australians are believed to have inhabited the continent for tens of thousands of years, long before British colonisation of Australia in the 18th century. “Aboriginal people are known to have occupied mainland Australia for at least 65,000 years. It is widely accepted that this predates the modern human settlement of Europe and the Americas,” the National Museum of Australia says. Communities include hundreds of groups with distinct languages, cultural practices and traditions. National Geographic says about 250 such language groups are spread throughout the continent.
How did the referendum come about?
The British colonisation of Australia was catastrophic for the Aboriginal and Torres Strait Islander people. It had a devastating impact on Indigenous society and economy and its effects are still felt today.
In the late 18th century, Lieutenant James Cook was instructed to take possession of new territories in the southern hemisphere “with the consent of the natives.” But that didn’t happen. Despite opposition from inhabitants, Cook and his crew declared possession, for they considered Australia to be terra nullius, Latin for nobody’s land. The ‘First Fleet’ of 11 ships with over a thousand prisoners arrived in Australia in 1787, establishing the first European settlements on the continent. Over 1.5 lakh convicts were transported to Australia by the end of 1868.
The years that followed were devastating for Aboriginal people. It is estimated that the Indigenous population reduced by 90% between 1788 and 1900 due to a combination of factors. These included epidemic diseases, displacement from traditional lands, violent conflict with colonisers and slave-like work conditions. According to the Report of National Inquiry into Racist Violence in Australia of 1991, approximately 20,000 Aboriginal people were killed due to colonial violence as they resisted the infringement of their land rights and its impact on their cultures and communities.
Aboriginal women also experienced high levels of sexual abuse during the period. “On pastoral stations, Aboriginal women were preyed on by any and every white man whose whim it was to have a piece of ‘black velvet’ wherever and whenever they pleased,” historian Henry Reynolds wrote in his book on Aboriginal history. Aboriginal children were taken away from their families and communities and brought up in a ‘white’ culture, further destroying the fabric of Indigenous society. These children came to be known as the ‘stolen generation’.
The marginalisation of Aboriginal and Torres Strait Islander people continued for years. A referendum later empowered the government to make laws for Indigenous people and they were included in the Census more than 60 years after Australian independence in 1901. Voting rights were granted in 1962. It took the government 200 years to formally apologise to the stolen generation.
Indigenous people have experienced widespread socio-economic disadvantage, inequality and discrimination for years. They earn lower average incomes than non-Indigenous Australians, and their life expectancy is about eight years lower than the national average. Suicide rates are twice as high. They are over-represented in prisons and custodial deaths. Indigenous women experience family violence at rates higher than other women in the country.
In 2008, the government committed to “close the gap” to achieve better health and life expectancy outcomes for Indigenous peoples affected by intergenerational trauma.
About 250 representatives came together and made the ‘Uluru Statement from the Heart’ in 2017, which called for a ‘First Nations Voice’ enshrined in the Constitution. “Proportionately, we are the most incarcerated people on the planet. We are not an innately criminal people. Our children are alienated from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future. These dimensions of our crisis tell plainly the structural nature of our problem — this is the torment of our powerlessness… we seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish,” it read.
While the then government rejected the call, it was back in the spotlight when Labor’s Anthony Albanese took over. He announced in 2022 that Australians will have their say in a referendum to include the Voice in parliament.
Why is a referendum needed?
Changing the Constitution is a complex procedure in Australia. Parliament is not empowered to alter the document on its own even thougha few provisions that use phrases such as ‘until the Parliament otherwise provides’ allow modification and alterations in the initial provision. In case of an alteration, however, a majority vote from the Commonwealth’s electors and electors in the majority of the States in a referendum is required. One of the two Houses has to first introduce a proposal. The Bill should pass in both Houses with an absolute majority after which the government clears it. Once passed, the legislation is taken to the public for a national vote.
Australia has seen 44 proposals for constitutional change in 19 referendums since independence in 1901, and only eight of these have been approved.
The recent proposal follows growing support for Indigenous representation in government policy to remove inequities.
In March this year, the Australian government introduced the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 in the House of Representatives. Parliament passed the draft law on June 19. It will now be sent to the Governor General, who will issue a writ for a referendum after which the government will announce a date for the referendum.
What is the proposal?
The wording of the referendum question is: “A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.”
The law proposes to add a new chapter on the recognition of Aboriginal and Torres Strait Islander peoples in the Constitution. It includes provisions to set up a bodycalled Aboriginal and Torres Strait Islander Voice that will advise Parliament and the government on matters affecting Indigenous peoples.The Voice will be selected by Indigenous communities and not the government. Notably, the Voice will not have veto power, thus, its advice will be non-binding.
The Australian government has launched a public information campaign to provide details about the referendum process and proposal.
When will Australia vote?
The 2023 referendum will be the first since 1999 when Australians rejected the establishment of a republic. As per constitutional provisions, voting must happen within a timeframe not less than two or more than six months after its passage in Parliament. The vote is likely to take place between October and December. In Australia, voting is compulsory for citizens aged 18 years and above.
Where do parties stand on the issue?
The Left-wing Greens party, several independent lawmakers, and religious and welfare organisations are supporting the referendum. They say a representative body in Parliament will bring Australia to par with other countries with First Nations population, who have led efforts to ensure their rights. “I mean how backward are we? The only country without a treaty with Indigenous people, the only country without constitutional recognition of Indigenous people. It’ll set us back in our setting in the world,” said Thomas Mayo, a Torres Strait Islander and a member of the referendum working group.
Groups on the other side of the divide claim it will further divide society. These include the Liberal Party and Nationals Party. Senator Jacinta Nampijinpa Price, the opposition spokesperson for Indigenous affairs, alleges that the proposal is already dividing Australia along racial lines.“If the yes vote is successful, we will be divided forever,” she says.
Meanwhile, Independent Indigenous Senator Lidia Thorpe also believes the change will create a “powerless advisory body.” Aboriginal politician Warren Mundine claims that the Voice is not going to fix “one iota of the problems” in indigenous affairs.
What happens if the referendum passes?
The referendum will pass if it is voted ‘yes’ by a double majority. This means that more than 50% of total voters and a majority of voters in at least four of the six States must vote for the change.
Reports suggest that support for the Indigenous Voice is dipping with fewer than half of Australian voters now supporting the proposal. Voters in the three States of Queensland, Western Australia and South Australia are against the proposal, as per a report by The Sunday Morning Herald.
- A bill passed by the Australian Parliament earlier this week has set the stage for a historic referendum on constitutional recognition for the Indigenous people, who account for 3.2% of the country’s nearly 26 million population.
- The Australian government defines Indigenous people as those who “are of Aboriginal or Torres Strait Islander descent; identify as being of Aboriginal or Torres Strait Islander origin; and are accepted as such in the communities in which they live or have lived.”
- The law proposes to include the setting up of a body called Aboriginal and Torres Strait Islander Voice that will advise Parliament and the government on matters affecting Indigenous people.
