Hear the Voice, not the dog-whistle

Hear the Voice, not the dog-whistle

By Ranting Panda, 22 April 2023

The 2017 Uluru Statement from the Heart brought together Indigenous people from all over the country. In consultation with hundreds of First Nations groups across Australia, it presented a unified statement. Of particular significance, was the comment: 'In 1967 we were counted. Now we seek to be heard'. 

One of the proposals to come out of the Uluru Statement from the Heart, was the inclusion of an Aboriginal and Torres Strait Islander Voice to Parliament to be enshrined in the Australian Constitution. As with all constitutional change, this will require a national referendum in which there must be a double majority, that is, the majority of voters and the majority of states must vote for it.

The Uluru Statement from the Heart requested three things:

1. Voice

2. Treaty

3. Truth

The upcoming referendum is solely concerned with establishing an Aboriginal and Torres Strait Islander Voice. The other two items, Treaty and Truth are the subject of a Makarrata Commission. 

Following the release of the Uluru Statement from the Heart, a Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander people was appointed. The Committee considered the Uluru Statement and constitutional recognition of Indigenous people. In November 2018, the Committee handed down its Final Report. The 272-page report includes recommendations for the establishment of the Voice to provide advice to the government on legislation, policies and proposals that would impact Indigenous people. It should be noted, that this was not a Labor government initiative. In November 2018, the Liberal Party was in government and the feckless Scott Morrison was Prime Minister. The report details the process of consultation, the benefits of a Aboriginal and Torres Strait Islander Voice to Parliament, and examples of models that it may take. It is proposed to consist of two main streams, (1) Local and Regional Voices, and (2) a National Voice. The following image demonstrates how the Voice would operate.

Aboriginal and Torres Strait Islander Voice - Final Report
https://voice.niaa.gov.au/final-report

Rather than organisations representing Indigenous people, local and regional Indigenous people would be heard directly. They would vote on the composition of the National Voice, which is proposed to be comprised of 24 people covering 35 different regions. In this model, five of them would be from remote communities and three from the Torres Strait. The National Voice would work with local, state and federal governments. 

The Liberal Party has been demanding that the Labor government release details as to the workings of the Voice before the referendum is conducted. While it is understandable that people will want to know the ins and outs of the legislation, it has to be kept in mind that the Constitution doesn't work like that. The Constitution gives powers to government to make legislation in certain areas, such as defence, currency, and immigration. The Constitution does not detail what that legislation will look like. The change to the Constitution to allow for laws to create an Aboriginal and Torres Strait Islander Voice, will therefore be relatively short. As an example, in relation to making laws regarding taxation and the defence force, it states: 

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: 

(ii) taxation; but so as not to discriminate between States or parts of States

(iv) the naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth

Taxation is the most complex legislation in Australia's vast body of laws. Yet, the Constitution confines it to one short statement. The Constitutional clause on the defence force doesn't even mention the air force. 

So, when people ask for more information about the Voice, they clearly don't understand how the Constitution works. The amendment to the Constitution will not set up the operation of the Voice, it will merely give Parliament the right to make laws regarding the Voice. Therefore, the government is unable to categorically state how the Voice will operate because those laws can't be enacted, or even proposed, until the Constitution is amended. As with all legislation, any proposed laws for the Voice will be subject to the parliamentary process before being enacted.

Prime Minister Anthony Albanese has revealed that the proposed wording to be added to the Constitution if approved by the referendum, will be:

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.

Nonetheless, all these calls for more information on the workings of the Voice show just how out of touch the opposition is. 

Having a First Nations Voice enshrined in the Constitution provides much greater recognition of the rights of Indigenous people than merely relying on legislation that will be subject to the whims of the government of the day. The composition and operation of the Voice will be determined by separate legislation.  

Contrary to the Liberal Party's dog-whistling, The Voice does not create an additional tier of government. It is an advisory body, not a third chamber of parliament. The aim is not to divide Australia, but to ensure the rights of all are protected and heard. It is unifying, not divisive. Of course, the Liberal Party has a history of division and racism for political gain, whether exploiting xenophobia regarding refugees or homophobia regarding marriage equality. It can be expected that the Liberal Party will use fear and ignorance in the community to undermine the referendum for the Voice. It's one thing to have a genuine concern about amending the Constitution, it's another to exploit unfounded fears for political purposes.

Dutton's hyperbole was exposed as nothing more than dog-whistling when a report was released by the Commonwealth Solicitor-General on 21 April 2023. The report revealed that the Voice to Parliament would not create any impediment to Executive Government, nor would it 'clog up the courts' as Dutton has been suggesting. The report pointed out that it was already common for legal action to be taken against government decisions. Furthermore, the Solicitor-General has found that the proposed wording for the Constitutional amendment places no obligation on the Government to either seek, consider or accept the advice of the Voice. 

An example of the complete and utter rubbish that the Liberal Party is espousing, is the ludicrous and utterly false claim by Deputy Liberal leader, Susan Ley, that the Voice could veto traditions such as Anzac Day and Australia Day. The Voice has no such power. Ley, like Dutton, is attempting to whip up racist hysteria with bogus claims that can only appeal to the most base of racists in the community; people who clearly lack the critical analysis skills to challenge far-fetched garbage, simply because they are more willing to listen to lies that solidify their own small-minded, bigoted worldview, rather than listen to the truth.

There are some Indigenous people who oppose the idea of an Aboriginal and Torres Strait Islander Voice being enshrined in the Constitution. Like other groups, Indigenous people are not of one hive-mind; they have differences of opinions just like everyone else. Some view the referendum as Indigenous people having to beg for recognition from non-Indigenous people. Since European settlement, Indigenous people have been the victims of genocide, massacres, rapes, persecution, and discrimination. Therefore, having a national vote for an Aboriginal and Torres Strait Islander Voice is anathema to many who have been victimised and persecuted by non-Indigenous people for generations. Nonetheless, there was significant consultation in the preparation of the Final Report on establishing an Aboriginal and Torres Strait Islander Voice.

Aboriginal and Torres Strait Islander Voice - Final Report
https://voice.niaa.gov.au/final-report

Additionally, many Indigenous people fear that amending the Constitution to allow for an Aboriginal and Torres Strait Islander Voice will not achieve anything; that it will just be another example of words without action. For instance, Kevin Rudd's apology in 2007 was long-overdue. Unfortunately, little was achieved. We then saw what happened under the Liberal government that came after the Labor government. The Liberals engaged in their usual fear-mongering and racism. They demonised Indigenous people, particularly those in the Northern Territory. Instead of consulting with the local Indigenous population, they sent in the Army. The Army! They engaged the military to assist in ostensibly restoring law and order to Indigenous communities in the Northern Territory. The military has no judicial powers, they can't charge people for crimes, they inflame the situation, not fix it. Because of their lack of judicial powers, the military provided logistical and administrative support to civil authorities. However, the impression that this 'Northern Territory Intervention' gave, was that the government had unleashed the military on Australian civilians, specifically, Indigenous people. The Liberals had justified this on disproven allegations about an organised paedophile ring in the Northern Territory, as well as high levels of abuse and neglect of children. The claims were found to have been either fabrications or misrepresentations of the actual situation, and certainly didn't justify a military response. In fact, it was found that it justified a consultative, cooperative response that engaged Indigenous people in developing solutions ... something such as the Voice.

These sort of draconian actions have oppressed Indigenous people since European invasion of this country. It's because of this that many Indigenous people want a Treaty, rather than simply a Voice. However, those who support the Voice, see it as a pathway to Treaty. On 23 February 2023, Queensland Premier Annastacia Palaszczuk, introduced into Parliament the Path to Treaty Bill 2023. The Bill was referred to the Community Support and Services joint parliamentary Committee for detailed consideration. The Committee considered the Bill and embarked on a period of public consultation, handing down its report on 21 April 2023. The Path to Treaty includes truth-telling and healing, which correlate with the Uluru Statement from the Heart, which included Treaty and Truth. Queensland's Path to Treaty will eventually result in a signed Agreement between the Queensland Government and Indigenous people being able to come together as equals and 'write our future together'. Treaty is far more integrated than the Voice will be. The Voice is an important step on the roadmap to Treaty, which was identified in the Uluru Statement's three key requests, Voice, Treaty, Truth.

Dutton and other opponents of the Voice have claimed that there is a lack of transparency and information. Yet, the Final Report consisted of 272 pages explaining the process and recommendations. Additionally, there are numerous Reports, Fact Sheets and Newsletters available publicly: 

https://voice.niaa.gov.au/resources. 

If opponents of the Voice feel there's a lack of transparency, imagine how Indigenous people have felt over the years having no say or representation in the laws and policies that have directly impacted them. Just a few of these include the White Australia Policy, Stolen Generations, Indigenous stolen wages, Cashless Welfare Cards, and the Northern Territory Intervention. The Voice aims to correct this by providing for Indigenous people to be heard. 

There have been several members of the Liberal Party who have resigned their membership because of the racist diatribe of party leaders and other members. Dutton was quick to criticise Prime Minister Albanese for making a quick trip to Alice Springs amid a crime crisis, while comparing this to the time the prime minister spent at the Australian Open. Dutton then visited Alice Springs for two-days of photo opportunities, in which he perpetuated misinformation about the level of crime in the town. Dutton was challenged by Catherine Liddle, chief of the Secretariat of National Aboriginal and Islander Child Care to present evidence of his claims about rampant sexual abuse in Indigenous communities in the Northern Territory. Dutton was unable to substantiate the claims.  

Professor Anne Twomey, Constitutional Lawyer, has stated that a Voice for Indigenous people does not negate the right of anyone else to be heard. The Voice is a mechanism to ensure that Indigenous people are heard in a country where they have often been wilfully silenced, ignored, suppressed, oppressed and vilified.

The Voice is one important step towards Treaty & Truth-telling that will attempt to address wrongs of the past, while providing a mechanism for equality, justice, reconciliation and an improved future for Indigenous people. The opposition's go-to mantras of fear-mongering & falsehoods have already been exposed as puerile misinformation and racist propaganda. 

Don't listen to the dog-whistling fear-mongering from far-right groups, hear the Voice of Indigenous people. Vote 'Yes' to the Aboriginal and Torres Strait Islander Voice to be enshrined in the Australian Constitution.

References

ABC News, 2023, What will Australians be voting on in the Indigenous Voice to Parliament referendum?, 23 March, viewed 22 April 2023, https://www.abc.net.au/news/2023-03-23/what-is-voice-to-parliament-referendum-what-will-i-be-voting-on/102136842

ABC News In-Depth, 2023, Everything you need to know about the Indigenous Voice Referendum, 11 April, viewed 22 April 2023, https://www.youtube.com/watch?v=RCnv3G0rDLo

Albanese, A, 2023, Address to the Chifley Research Conference, 5 February, National Press Club, accessed 5 February 2023, https://www.pm.gov.au/media/address-chifley-research-conference 

Allam, L, 2022, Anthony Albanese reveals 'simple and clear' wording of referendum question on Indigenous Voice, The Guardian, 30 July, https://www.theguardian.com/australia-news/2022/jul/29/anthony-albanese-reveals-simple-and-clear-wording-of-referendum-question-on-indigenous-voice

Allam, L, 2023, Marcia Langton attacks 'relentless scare campaign' waged by opponents of Indigenous Voice, The Guardian, 23 March, viewed 22 April 2023, https://www.theguardian.com/australia-news/2023/mar/13/marcia-langton-attacks-relentless-scare-campaign-waged-by-opponents-of-indigenous-voice

Andrews, A, 2021, Stolen Wages — The multi generational financial abuse of Indigenous Australians, Verve, 8 July, viewed 22 April 2023, https://vervesuper.com.au/change/stolen-wages-the-multi-generational-financial-abuse-of-indigenous-australians/

Australian Government, 2023, Referendum question and constitutional amendment, https://voice.gov.au/referendum-2023/referendum-question-and-constitutional-amendment

Butler, J, 2023, PM says solicitor general’s advice on Indigenous voice refutes ‘absolute nonsense’ from Dutton and Joyce, 21 April, viewed 22 April 2023, https://www.theguardian.com/australia-news/2023/apr/21/pm-says-solicitor-generals-advice-on-indigenous-voice-refutes-absolute-nonsense-from-dutton-and-joyce

Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples, Final Report, November 2018, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Former_Committees/Constitutional_Recognition_2018/ConstRecognition/Final_Report

Latimore, J, 2023, Dutton’s Alice Springs stance takes inspiration from NT intervention playbook, Sydney Morning Herald, 16 April, viewed 22 April 2023, https://www.smh.com.au/national/dutton-s-alice-springs-stance-takes-inspiration-from-nt-intervention-playbook-20230414-p5d0g7.html

McIllory, T, 2023, Legal advice undermines Dutton's claim on Voice 'clogging up' courts, Australian Financial Review, 21 April, viewed 22 April 2023, https://www.afr.com/politics/federal/voice-won-t-impede-executive-government-solicitor-general-20230421-p5d28b

National Indigenous Australians Agency, 2021, Indigenous Voice Co-Design Process - Final Report to the Australian Government, July, https://voice.niaa.gov.au/final-report#

Queensland Government, Community Support and Services Committee, 2023, Report No. 30, 57th Parliament - Path to Treaty Bill 2023, 21 April, viewed 22 April 2023, https://www.parliament.qld.gov.au/Work-of-Committees/Committees/Committee-Details?cid=165&id=4236. Report: https://documents.parliament.qld.gov.au/tp/2023/5723T538-2F1D.pdf

Queensland Government, Path to Treaty Bill 2023, viewed 22 April 2023, https://www.legislation.qld.gov.au/view/html/bill.first/bill-2022-016

Queensland Government, Path to Treaty, viewed 22 April 2023, https://www.qld.gov.au/firstnations/treaty

Warren, C, 2023, Alice Springs shows why the media struggles to fact-check moral panic, Crikey, 17 April, viewed 22 April 2023, https://www.crikey.com.au/2023/04/17/alice-springs-peter-dutton-jacinta-price-moral-panic/

Updated 10 July 2023