Document Type

Blog Post

Publication Date

1-17-2024

Abstract

On October 14, 2023, Australia held its first constitutional referendum of the twenty-first century. Had the referendum succeeded, a section would have been added to the Australian Constitution not only recognizing First Nations as the “First Peoples of Australia,” but also establishing a body known as the Aboriginal and Torres Strait Islander Voice, or the Voice. This was not Australia’s first constitutional referendum concerning First Nations. In 1967, Australians voted in favor of an amendment to the Australian Constitution that granted “state and National parliaments … concurrent power” to legislate for the First Nations. However, unlike the 1967 referendum, the 2023 referendum would have left the First Nations less “dependent on the benevolence of [a] government” whose prior laws and policies demonstrate that it should not bear the responsibility of legislating for First Nations. The Voice originated in the 2017 Uluru Statement from the Heart, a declaration calling for the recognition of First Nations sovereignty through the establishment of the Voice and the Makarrata Commission, which would “supervise a process of agreement-making between governments and First Nations and truth-telling about [First Nations] history.” The Voice would have been a permanent installation in the National Parliament and a source of independently researched and proactive advice on legislation and policies touching First Nations. This advice would come not from unaffected legislators but from a representative cross-section of First Nations individuals, chosen directly by their communities to serve on the Voice.

This post was originally published on the Cardozo International & Comparative Law Review on January 17, 2024. The original post can be accessed via the Archived Link button above.

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