Referendum to improve the position of indigenous peoples in Australia

Australia wants to change the constitution through a referendum to set up an advisory body with Aborigines and the indigenous peoples of the Torres Strait Islands. Their advice to parliament and government should improve the centuries of subordination of indigenous peoples.

Prime Minister Anthony Albanese wants to enshrine the amendment in the constitution, so there can be no further discussion about the position of the peoples who traditionally inhabit Australia. It would be the first time that Aborigines and the ethnic population of the Torres Strait Islands (under Papua New Guinea) would have a place in the constitution. The 274 islands were annexed by Queensland, a state of Australia, in 1879.

Indigenous peoples face major problems. These are barely addressed, if at all, partly because they have no say in policies, regulations and legislation. Measurements are always taken without consulting them. For example, Aborigines live on average about ten years less than other, mostly white, Australians. Their health is on average much worse and their education is lagging behind. Aboriginal people are also much more often and longer in prison.

Voting is mandatory

Parliament will vote on the referendum bill in June. A constitutional amendment requires a referendum which must be approved by a majority. Additionally, there must be a majority in at least four of the six Australian states. Voting is compulsory for Australians. The referendum is expected to take place after September following parliamentary approval.

However, approval by parliament is not yet a race. Opposition leader Peter Dutton of the Liberals still has many questions and wants advice first from the country’s advocate general, similar to the Council of State in the Netherlands. Prime Minister Albanese said on Thursday that he fervently hopes the referendum will take place, to improve the position of indigenous peoples and enshrine it in the constitution.

The voice

The advisory body will be called the “voice”. It should be made up of elected representatives of the Aboriginal people and the Aboriginal peoples of the Torres Strait Islands. The double functions of representatives of the people are not authorized. The Voice can provide solicited and unsolicited advice on issues affecting Indigenous peoples. The last word belongs to Parliament. The legal structure of the Voice will only be fixed if the referendum is successful.

The latter is not a certainty. Australia has held 44 referenda so far, only eight of which have been successful. The last constitutional amendment following a referendum dates back fifty years.

The referendum is also criticized by Aboriginal people. Some of them want to make a treaty with the Australian government first about their rights. Such treaties were made with indigenous peoples in other former British colonies, such as New Zealand and Canada. This happened over 150 years ago.

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