Indigenous Voice to Parliament won't be enshrined in constitution

On January 9, the Minister for Indigenous Australians, Ken Wyatt released the draft proposal and invited all Australians to provide their feedback.

It's been a long time coming. There have been calls to parliament for a strong Indigenous Voice for decades.

Over the past 12 months more than 52 members of a parliament committee have worked together to flesh out options for what an Indigenous Voice might look like and how it might operate.

But not everyone is happy; Northern Territory Senator Malarndirri McCarthy, says the report fails in a number of ways.

Professor Tom Calma AO, co-chair of the Senior Advisory Group leading the Indigenous voice co-design process, says an Indigenous voice will ensure Aboriginal and Torres Strait Islanders have a say when the government and parliament make decisions and laws that affect them.

"An Indigenous voice for me is really an opportunity to be able to tell politicians, to tell the Government, to tell the Parliament what we as Aboriginal and Torres Strait Islander people believe should happen and how Government policies and programs should really be designed," he says.

"Hearing our voice and making sure that we are the ones who come up with the solutions and present them to Government and not the other way around."

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Under the draft proposal the government would be obliged to consult a national body made up of about 20 Aboriginal and Torres Strait Islander people on relevant laws, policies and programs.

But according to the proposal, an Indigenous Voice would not become enshrined in the Australian Constitution and would not have veto power.

NT Senator, Yanyuwa woman Malarndirri McCarthy, says many people will be "disappointed with the Government's refusal" to consider a constitutionally-enshrined voice to Parliament.

"Three and a half years ago, First Nations leaders clearly expressed our desire for a First Nations voice to the Parliament enshrined in the constitution - through the Uluru Statement - while the Government banned its advisory group from even considering this."

While she says she doesn't see significant headway being forged before the next election, which could be as soon as the end of this year, it is critical for First Nations people "that we have a say in the policies and laws that affect us".

"A voice must be able to provide full and frank advice. It must be secure and it should not be subject to the whims of the government of the day," she said.

"Labor remains committed to all three elements of the Uluru Statement: a constitutionally enshrined First Nations voice to the Parliament; a Makarrata Committee to oversee a process for agreement and treaty-making; as well as a process for Truth-telling."

University of New South Wales professor of law Gabrielle Appleby has discussed the importance of enshrining an Indigenous Voice in our constitution, saying, "without constitutional enshrinement, the Voice will not have legitimacy."

"In a submission to the co-design process, more than 40 public law experts from across Australia have argued that if the government is serious about establishing a Voice with the objective of providing the views of Aboriginal and Torres Strait Islander people to the government and parliament, it must commit to it being protected in the Constitution," she said.

"Constitutional enshrinement will require a referendum, which will educate Australians on the role of the Voice, and provide their endorsement of it.

"A Voice simply established by legislation, without this public support, runs the real risk of being ignored or abolished by parliament.

"Constitutional enshrinement also confers constitutional status on the Voice, which signals that it is a foundational institution, establishing its legitimacy into the future."

Consultation will run over the next four months before a final proposal is handed to government.

"I want to ensure the voices of all 800,000 Indigenous Australians can be heard. The more people that provide their feedback, the greater chance we have to refine the best possible options and set up structures that enjoy long-term success," Mr Wyatt said.

Co-Chair of the Indigenous Voice Senior Advisory Group, Professor Dr Marcia Langton has also reasserted that the proposals are in no way finished.

"Now it's time for everyone to consider them and provide comment so that we can put a well consulted final proposal to government," she said.

"Your feedback will help us make sure the final proposal is one that can work for all Australians.

"There's lots of ways to engage in the process over the coming months.

"We'll deliver consultations flexibly, adapting to COVID-19 restrictions as needed to ensure safe discussions are held across the country.

"The Interim Report to the Australian Government, a discussion paper and other resources are now available online, and community consultations will be held this year."

To have a say, head to the website here.