Read The Times Australia

Daily Bulletin

Uluru call for constitutional First Nations Voice presents new challenge for Referendum Council

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra
image

If earlier timetables had been achievable and voters persuadable, we might by now have had same sex marriage on the statute books and agreement to the recognition of Australia’s first people in the constitution.

Instead, the first remains on the horizon and the second is either over the horizon or overtaken altogether.

With the Senate’s failure to pass the marriage equality plebiscite, some Liberals might have a go at getting a parliamentary vote but an attempt would be fraught within Coalition ranks. At least we can be confident, however, that same sex marriage would come if and when there is a Labor government.

The way ahead for giving Aboriginal people an appropriate place in the constitution is much more problematic.

Friday’s “Uluru Statement from the Heart” which came out of last week’s First Nations national constitutional convention made it plain that Indigenous people would not unite behind any minimalist position.

Indeed, the meeting turned away from the sort of constitutional recognition and rewriting that the debate has been around. Rather, it called for a two pronged approach: the “establishment of a First Nations Voice enshrined in the constitution”, and a commission to supervise a treaty-making process that would be outside the constitution.

The Uluru Statement now goes to the Referendum Council, which advises Malcolm Turnbull and Bill Shorten “on progress and next steps towards a referendum to recognise Aboriginal and Torres Strait Islander peoples in the Australian Constitution.” It reports to the leaders by the end of next month.

The council must take into account not just what Indigenous people want but what the community more broadly would likely support. This is in order to meet the referendum requirement of a national majority, and a majority in at least four of the six states.

The latest development has just made harder the council’s task of producing viable advice.

It is in a bind. Does it go along with the Uluru proposal, or does it try to get back to some form of the original idea of recognition?

It was Tony Abbott’s aspiration – it did not get beyond that – that the “Recognise” referendum be held on May 27 this year – the 50th anniversary of the historic 1967 referendum.

In retrospect, the thinking that it was necessary to take time to build consensus now looks questionable. It might have been better to push ahead quickly.

What’s concerning now is not just that the timetable has slipped but that chances of getting any agreed change through a referendum in the foreseeable future have grown dimmer.

At the same time as it’s become clear that Indigenous people won’t accept a limited change, the right in Australian politics has become more determined to oppose any amendment.

In a Saturday speech marking the 50th anniversary of the 1967 referendum and the 25th anniversary of the Mabo decision Turnbull reminded people that: “No political deal, no cross party compromise, no leaders’ handshake can deliver constitutional change.”

“To do that a constitutionally conservative nation must be persuaded that the proposed amendments respect the fundamental values of the constitution and will deliver precise changes, clearly understood, that benefit all Australians.”

He pointed out that of 44 referendums, only eight have succeeded. “The last remotely controversial amendment to be approved was in 1946. Indeed, history would indicate that to succeed not only must there be overwhelming support, but minimal, or at least tepid, opposition”.

From early on, Shorten was quicker than the Coalition to appreciate that Indigenous people would only settle for a robust approach.

Shorten still wants to be optimistic, on Saturday stressing the importance of “an open mind on the big questions – the form recognition takes, on treaties, on changes required to the constitution and on the best way to fulfil the legitimate and long-held aspiration of Aboriginal and Torres Strait Islander people for a meaningful, equal place in our democratic system”.

But a Labor government would not have any easier time delivering a positive referendum outcome than the Coalition. It might be willing to go further towards the wishes of Aboriginal people – but that would take it further away from broad community acceptability.

Moreover, any referendum under Labor could potentially face an even tougher battle: a Coalition opposition, led for example by Peter Dutton, could be expected to run a hard line against anything in the way of constitutional change put up by an ALP government.

The father of the “First Nations Voice” is Indigenous leader Noel Pearson, who was originally looking for some constitutional move that would be acceptable to conservatives. Ironically, the “voice” plan endorsed at Uluru may be seen by many people as too radical and difficult to sell.

The body written into the constitution would actually be established by the Parliament. But a referendum debate would focus on the detail of its powers, composition and breadth of activities. The argument would be tinged by memories of the Aboriginal and Torres Strait Islander Commission (ATSIC) that had both representative and executive functions, and finally lost the support of the Coalition government and the Labor opposition.

An easier course for a “First Nations Voice” body would be one that didn’t involve the constitutional hurdle.

The ever-worsening prospects for constitutional change must soon raise the question of whether this path should be set aside for the time being. And that would be a great pity, given the work and the hope that so many people have invested in the quest.

POSTSCRIPT – Coalition fails to improve in Newspoll

Labor has maintained its 53-47% lead over the Coalition in Monday’s Newspoll.

This is despite Opposition leader Bill Shorten coming under some sustained criticism for the ALP’s stands on schools funding and the proposed rise in the Medicare levy.

This is the 13th consecutive Newspoll in which the Coalition has been behind on the two-party vote.

Both Coalition and Labor are on 36% primary vote, steady compared with a fortnight ago. The Greens are polling 10% and One Nation 9%, with others on 9%.

Malcolm Turnbull’s net satisfaction improved slightly in the fortnight, from minus 20 to minus 19, as did Bill Shorten’s, which went from minus 22 to minus 20. Turnbull leads Shorten as better PM 45-33%, compared with 44-31% in the previous poll.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more http://theconversation.com/uluru-call-for-constitutional-first-nations-voice-presents-new-challenge-for-referendum-council-78458

Business News

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Solar Panels Geelong: Key Factors to Consider Before Installation

Solar power can help households and businesses generate electricity on site, but the value of a syst...

How Rats and Mice Get Into Homes Through Gaps Most People Miss

Rats and mice do not need an open door to get inside a home. They can squeeze through small openings...

Why a Safety Certified I/O Module Matters in Machine Design

Understanding Safety-Related I/O A safety certified I/O module is designed for use within an arch...

How to Compare Ceiling Fans online before Buying

Comparing ceiling fans online before making a purchase helps you understand how each model will su...

Transforming Your Backyard for a Sophisticated Milestone Celebration

Hosting a milestone event at home has become a deeply popular choice for Australians looking to cr...

Rubbish Bin Hire: How to Choose the Right Bin for Your Clean-Up

Estimate the Waste Before Booking Clean-ups from renovations, garden clear-outs, office moves and...

Valentine's Day Gifts for Your Husband That He'll Actually Love

Valentine's Day tends to be built around flowers, chocolates and jewelry, which leaves a lot of wi...

Why European Vehicles Demand Specialised Maintenance on Australian Roads

European cars, encompassing premium brands like BMW, Audi, Mercedes, and Volkswagen, are highly soug...

How Melbourne Businesses Can Retain Top Talent Through Visa Sponsorship

Melbourne businesses are facing an increasingly complex hiring landscape. According to the Jobs and ...