Support for a new body to represent the interests of Aboriginal and Torres Strait Islander peoples has been dropping. Why?
, “to supervise a process of agreement-making between governments and First Nations, and truth-telling about our history”.
So, why does the amendment not make that a little clearer? “The provision was deliberately drafted widely so as to discourage litigation about its scope,” says Twomey. “If it had been drafted narrowly then it would have opened up the possibility of litigation about what ‘directly relates’ to them, which is a time-wasting and pointless exercise.
We are far from the first nation to consider this. The US Constitution has long recognised indigenous tribes as distinct governments. Canada formally recognised its indigenous peoples in its constitution in 1982. Bolivia has recognised its majority indigenous population since its referendum in 2009. Norway’s constitution has recognised the indigenous Sami peoples, who live across northern Scandinavia and Russia, since 1988, Finland’s since 1995, and Sweden’s since 2011.
Northern Territory senator Jacinta Nampijinpa Price has argued for a No vote on the grounds she believes the Voice will not deliver practical outcomes for Aboriginal and Torres Strait Islander peoples on the ground. She told the ABC: “The fundamental principle about all of this is the fact that I don’t believe we need this in our Constitution to actually do what it says.”
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