The Referendum to vote YES or NO
What may change in the Constitution
Statement of the proposed changes to be made to the Constitution
The proposed law, being the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023,
would change the Constitution by inserting the following text after Chapter VIII
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
(i) there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;
(ii) 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;
(iii) 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 proposed law would also change the Constitution by inserting the following text into the Table of
Contents in the Constitution, after the reference to ‘Chapter VIII Alteration of the Constitution.
Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples
Please Check
I will write this in simple terms making it easy to understand
The Government Says They Will … If allowed.
i. Create a particular group called the “Aboriginal and Torres Strait Islander Voice.
ii. This group can advise the Australian government on issues important to Aboriginal and Torres Strait Islander peoples.
iii. The Australian government has the authority to decide how this particular group will work, including who will be in it and what it can do.
The Australian Government has the authority
how this particular group will work
Including who will be in it and what it can do.
Take a look at what I’ve highlighted in red. It prompts you to consider whether you can trust politicians or the government to do the right thing.
Keep in mind the current situation of the Aboriginal community and what they stand to keep or lose.
To offer a contrasting viewpoint, I will provide a statement that differs from the arguments presented in the referendum paper.
The following statement is for the Djaambi Members
“Thank you for giving me the opportunity to speak today. I want to acknowledge the importance of having a representative body like the Aboriginal and Torres Strait Islander Voice. However, I have serious concerns about government involvement in this initiative, which I believe we must carefully consider.
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Historical Context: Let’s not forget that past government policies have often been detrimental to our communities. From the Stolen Generations to land dispossession, we’ve seen how government actions can have lasting, negative impacts.
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Conflict of Interest: If the government is choosing who sits on this committee, how can we be sure that these representatives will prioritise our needs over political considerations?
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Accountability: Who will these government-appointed representatives answer to? If it’s the government, we have effectively lost our independent voice.
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Loss of Authenticity: There’s a real risk that our ‘Voice’ becomes a government echo chamber, parroting their agenda rather than representing our communities’ genuine needs and concerns.
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Potential for Manipulation: Experienced politicians know how to navigate the system in ways many don’t. How can we ensure that our representatives won’t be outmaneuvered in political negotiations, potentially signing off on agreements that harm us in the long run?
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Transparency: Will the operations of this Voice be transparent? If the government controls it, they might withhold critical information from us, limiting our ability to make informed decisions.
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Public Perception: If the government says they’ve ‘solved’ the Indigenous issue by creating this Voice but don’t listen, we risk losing public support for genuine change.
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Checks and Balances: What safeguards are there? Without rigorous checks, such as independent oversight or community consultation, there’s potential abuse of power.
The key issue seems to be the level of control the Australian government has over the Aboriginal and Torres Strait Islander Voice. Specifically, point (iii) gives the Parliament considerable latitude to define the structure and the scope and powers of the Voice. This could include who gets to be part of the group, what issues they can address, and how they can interact with the government and Parliament.
- Control Over Composition: The government could potentially appoint members who are more aligned with its political agenda rather than being unbiased advocates for Aboriginal and Torres Strait Islander peoples.
- Scope and Function: If the government has the authority to define what the Voice can do, it might limit its functions in a way that makes it less effective as an advocate for Indigenous rights.
- Legal and Policy Constraints: With the power to define procedures, the government could set up bureaucratic hurdles that make it difficult for the Voice to act swiftly or decisively.
- Accountability: If Parliament has the final say on how the Voice operates, who is the Voice ultimately accountable to? Ideally, it should be accountable to the communities it represents, but point (iii) could be interpreted to mean it’s more accountable to Parliament
- This governmental control over the Voice’s operation could fundamentally alter its efficacy and role as a representative body for Aboriginal and Torres Strait Islander peoples.
Given these potential risks, my concerns about point (iii) are quite understandable. This level of governmental control over the Voice’s operation could fundamentally alter its efficacy and its role as a representative body for Aboriginal and Torres Strait Islander peoples.
We must ask ourselves: Can we trust a system that has historically marginalised us to act in our best interests now? I argue that we should approach this proposal with extreme caution, critically evaluate all its aspects, and, most importantly, insist on structures that ensure our communities have the final say on who represents us and how.
I have seen too many YES people in parliament, and this could be just another YES MOB to join
Thank you.
Jeffrey Lawson (Director)
Djerriwarrh Te Moana Nui A Kiwa Aboriginal Corporation
(iii) 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
I keep coming back to number (iii) this wording is dangerous, it could mean any of the following:
“The Parliament shall, subject to this Constitution,”: This means that the Australian Parliament, following the rules and guidelines set out in the country’s Constitution, has the authority here.
“have power to make laws”: Parliament has the legal authority to create new rules and regulations.
“with respect to matters relating to the Aboriginal and Torres Strait Islander Voice”: These new laws or rules will specifically concern this new representative body designed for Aboriginal and Torres Strait Islander peoples.
“including its composition”: Parliament can decide who is allowed to be a part of this group.
“functions”: Parliament can determine what this group is supposed to do; what its roles and responsibilities will be.
“powers”: Parliament can decide what kind of authority this group will have. For example, whether it can only make recommendations or if it has other powers like oversight, investigation, etc.
“and procedures”: Parliament can also set the rules for how this group operates, such as how it should conduct meetings, how decisions are made, and so on.
In simpler terms, this means that the Australian government can create laws that determine who gets to be in this special group, what this group is supposed to do, what authority it has, and how it should operate, all within the bounds of the Australian Constitution.