Article by M.Frend previously published by Indigenous News Australia https://indigenousnewsaustralia.com/2025/02/11/a-voice-from-the-wilderness/
A VOICE FROM THE WILDERNESS
AFTERMATH
Following the initial attempt to formalise a deepening recognition of the culture of the First Australians by way of the Voice referendum, we may be wondering what can be done next to advance the necessity for change?
Polling for the Voice referendum showed that at one stage 65% of the Australian people supported the Yes vote. This dropped markedly once the conservative opposition declared their position behind the No vote, and the inevitable soon followed.
Reasons For Resistance To Change
§ A succinct description of the most decisive line of reasoning against The Voice is provided by Anne Twomey (Professor Emerita of the University of Sydney): “The Conservative No campaign’s most effective argument was that the amendment would be divisive and insert race in the Constitution. It argued that it was racist to include in the Constitution a provision that gives a Voice to a group of people based upon their racial ancestry. It claimed that the amendment would divide us by race by giving ‘special rights’ to Indigenous peoples that are not held by others, destroying the equality of citizenship established by the Constitution.”
The Need For A New Voice
§ As the polls recorded 65% of the Australian people supporting the Yes vote prior to the conservative swing showed, Australians believed that further changes to our national culture and identity are necessary, but the means to achieve them are not unwavering and still unclear.
§ Acknowledgment of the existence of a different culture within our nation – with differences based on such factors as language, beliefs, customs or simply a relationship to nature - can bring about feelings of resentment and even hostility from those sectors of the population who are used to calling the shots, or those who believe they inhabit some form of moral high ground.
We might also attribute this resistance toward formal acknowledgement to a more general perspective, such as economic factors (e.g. our country is prosperous because we are very industrious) and then it follows that materialism should take place over conflicting concepts like spirituality.
However, in a world experiencing the increasingly damaging impacts of human-caused climate change, it should be obvious to us that recognition of cultures whose relationship to the natural world is one of caretaking, rather than the unsustainable policy of economic growth and its resultant exploitation, would help our overly materialist society, and especially our children, realise that hopes for a positive and constructive reversal may still be plausible.
SUGGESTED ALTERNATIVES FOR OUR NEXT STEPS
Apart from working toward another referendum, a path made more unlikely following statements from the Australian Prime Minister describing their party’s reluctance to conduct a follow-up referendum if elected for another term, the following options could be considered:
i. Bill of Rights - A Bill of Rights is a statement which preserves the fundamental human rights entitled to all citizens. Rather than a preamble to a constitution as is the case with the United States Constitution, it should be a separate document. The Bill of Rights would enshrine the basic human rights of citizens, but should also establish the rights of cultures based on language, customs, ethnicity, including Indigenous cultures’ relationships with nature. It should indicate that incursions into native-titled land need to be identified and protected using legislation.
Indeed, such a document could assist us to realise that which our empathy demands of us, and define that elusive facet of ourselves, what it is to be humane.
The United Nations Declaration on the Rights of Indigenous Peoples "...emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations. It prohibits discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them, and their right to remain distinct and to pursue their own visions of economic and social development." Promoting their ‘full and effective participation’ implies that colonial societies such as Australia need to formalise and enshrine the active participation of their country’s indigenous citizens by methods that circumvent the existing prejudicial imbalance created by a majority of ‘colonists’.
ii. A “Presiding Council” has been suggested, giving the Australian electorate a Voice to Parliament which could represent the concerns of citizens which are not being addressed by the established political parties. An Indigenous Voice within such a context should not be seen as discriminating between separate classes of citizens. The ‘Presiders’ could advocate issues reported to them by the constituency. Such a republican ideal could be a beneficial addition to our democracy and could help address the negative aspects of solely political leadership. For example, the current alarming re-emergence of cultural repression in international political circles. The politically motivated Russian invasion of Ukraine, and its blatant genocidal agenda, is a stark reminder of the historical colonisations that have occurred under the many infamous banners of imperialism. Disturbingly, President Putin’s have been echoed by the US Administration. Albeit not genocidal, the calls from President Trump for the absorption of neighbouring Mexico, Canada and Greenland by becoming US states were very badly timed in light of negotiations for a cessation of hostilities in Ukraine. However attractive such political statements may seem to some, they are a far cry from the intentions of the United States Bill of Rights and Constitution which are so treasured by the American people.
iii. Citizens Assemblies have been successfully implemented in Canada, Northern Ireland and more recently Scotland in 2020.
§ Usually include approximately 100-150 members
§ In some cases initially sponsored by a parliamentary committee
§ Criteria for citizen representation could be based on state and/or cultural allocation or stratified random sampling (using socio-economic status/social class, employment status, region, gender, and age). However, the random sampling approach led to unbalanced demographics in Northern Ireland, such as gender (only 40% female) and political interest (high proportion of members with strong political interest).
Example - Compositions of the Canadian citizens’ assemblies and provincial
Populations:
§ In addition, Northern Ireland’s citizens’ assembly included politicians while excluding subject matter experts).
§ Scotland’s 120 member Citizens’ Assembly also included the following criteria: ethnic group, education qualifications, limiting long term conditions or disabilities, and attitudes.
Each of these citizens’ assemblies were implemented for differing reasons, including a Constitutional Convention, evaluation of an electoral system, and more generalist intentions for Scotland in the aftermath of the unpopular Brexit referendum.
SUMMARY
Our reasons for continuing to seek change should be obvious. Indigenous Australians suffer the worst social circumstances of any ethnic group in Australia.
“Australia's colonization by the British from 1788 dispossessed Aboriginal peoples of their lands, rights and occupancy as the British assumed authority for policies and practices.”
“Whiteness is symbolic of privilege and can refer not only to skin colour but also to a racialized social structure reflected in Anglo-Australian cultural dominance, where Indigenous knowledge and culture are subjugated at the level of policy and practice. Such policies and practices have led to ongoing intergenerational trauma and grief for Aboriginal peoples, who continue to be disadvantaged across a range of social indicators including health, education, employment and criminal justice, and they are reflected in worse health outcomes for Aboriginal compared to non-Aboriginal Australians.”
Health: Aboriginal and Torres Strait Islander life expectancy at birth was:
– 71.9 years for males, 8.8 years less than for non-Indigenous males (80.6 years)
– 75.6 years for females, 8.1 years less than for non-Indigenous females (83.8 years).
Life expectancy for Aboriginal and Torres Strait Islander males and females at all ages was lower than for non-Indigenous Australians.
By ensuring that First Australians are guaranteed valid consideration in Australian public policy, we can better continue the process of reconciliation. Regardless of the Voice referendum result, a large percentage of the Australian people have shown that much more needs to be done.
A Citizens’ Assembly is a way forward to a more effective democracy. As with the initial 65% approval of the Yes vote, if a strong voice from the people were heard, perhaps a way to circumvent the political paralysis could have been found. Could the Voice referendum process have been completed with a more positive outcome? A plebiscite is a national vote to decide a question that does not affect the Constitution. It can be used to test whether the government has enough public support to go ahead with an idea such as that being proposed for a referendum. A plebiscite could have been held to modify the referendum criteria prior to its execution. Once the issue of constitutional change had been exposed, we could have offered the Australian people alternatives which could have led to a positive and constructive outcome, not a complete failure of the entire process.
Legislative measures such as a Bill of Rights, an enhanced referendum process, or improvements to the effectiveness of our democratic processes such as a Citizens’ Assembly, would further improve the ability of the Australian people to see their good intentions achieve fruition.
By Matthew Frend January 29th 2025
REFERENCES
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