By Paula Gerber
Later this year we are all going to be asked to vote in a referendum on whether the Australian Constitution should be amended to establish a Voice to Parliament. Some people are understandably unclear about precisely what this means, and when you are unsure, it seems like a good idea to just vote “No”; to keep things the way they are, to maintain the status quo. However, a “No” vote is not a vote to keep things the way they are. A negative result in this referendum will in fact, be a huge step backwards. Ian Anderson, Deputy Vice Chancellor Academic at the University of Tasmania, believes it could even spell the end for reconciliation.
A successful referendum will help bring our country together and lead to the development and implementation of better laws and policies because they will be informed by Indigenous voices, who understandably want a say in the decisions that affect them and to be able to propose solutions for the challenges we face.
A failed referendum will be felt as a deeply personal “slap in the face” by Indigenous Australians. Wardaman woman, Dr Josie Douglas, eloquently captures the potential consequences of a “No” vote when she says:
Our distrust and alienation will grow, any remnant faith in settler systems will wither. We will continue to be viewed as a problem to be overcome, rather than as people offering solutions, solutions based on our rich cultures and care for country and our intimate knowledge of our people and societies.
It will be a day where we will feel invalidated and judged to be of no consequence to a country we have called home, not for a mere seven generations, but thousands. How will we explain this to our children and grandchildren? How will we explain it to ourselves?
Similarly, Professor Marcia Langton fears that an unsuccessful referendum will result in racists feeling emboldened. In other words, rather than ending up being a more united country, we will end up being more divided. Rather than giving a voice to the most marginalised people, we will be giving a megaphone to the most bigoted.
There are many Tasmanian Liberals who have fiercely rejected Peter Dutton’s decision to oppose The Voice, including the premier, Jeremy Rockliff who argues that “it’s high time we took responsibility and found another way, and another way that moves us forward as a nation.” Similarly, Bass MP, Bridget Archer describes Dutton’s support for the “No” campaign as “shortsighted and detrimental to the long-term interests of the nation.” It is in Australia’s interests to recognise First Nations peoples in the Constitution and to give them a Voice, it is not in our interests to reject the invitation, set out in the Uluru Statement from the Heart, to walk together towards a better future.
The consequences of the referendum failing would not only be felt locally. It would also cause a serious dent in our international reputation. Australia has signed treaties that commit us to recognising and protecting the human rights of Indigenous peoples. We must keep our promises and fulfil our treaty obligations.
The last time we had a referendum concerning how our Constitution addresses Aboriginal and Torres Strait Islander peoples, was in 1967. It saw the highest “Yes” vote of any referendum in Australian history. Over 90% of the population said “Yes” to Indigenous Australians being counted as part of the population and to the Commonwealth having power to make laws for them, and every state and territory had a majority “Yes” vote. The 1967 “Yes” vote paved the way for the referendum we are going to be having later this year. If we want to continue down the path of reconciliation, if we want to a more unified and democratic country, then we must vote “Yes”. There will be no second chance.
Professor Paula Gerber is a Professor in the Monash University Faculty of Law and an Academic Member of the Castan Centre for Human Rights Law.
This article was originally published in the print version of The Mercury on 20 May 2023.
