It is hard to believe this happened a year ago.
Indigenous voice legacy: hope, division, paralysis
The voice represents a tragic saga for Aboriginal
Australians. The wounds are still fresh – and there’s little sign of leadership
to identify a way forward.
The major disappointment since the voice vote has been the
absence of an initiative from Labor, working with the Coalition and Indigenous
leaders, to identify a way forward.
Paul
Kelly
10:30PM October 11, 2024.
The defeat of the October
14, 2023, referendum on the Indigenous voice – now at its first
anniversary point – represents a tragic saga for Aboriginal Australians,
highlights the need to learn the right
lessons from the vote and work to repair the national social compact in
relation to First Australians.
But the wounds are still fresh. Blame is being attributed in
different directions. There is little sign of leadership to identify a way
forward. Perhaps the hardest thing is to recognise the limits of the
referendum’s defeat – it was not a repudiation of Indigenous peoples; it does
not extinguish goodwill; and it cannot be seen as undermining the capacity of
Australians to live together.
Much of the country seems confused or indifferent a year
later. Bipartisanship remains a lost cause. The major disappointment has been
the extraordinary absence of an initiative from the Albanese government,
working with the Coalition and Indigenous leaders, to build a new political
framework.
There is no excuse for the Albanese government. Professional
politicians are expected to regroup after a setback. For Labor and the Yes case
the reality is the need for a rethink and new direction. The Yes case was
filled with ambition but it overreached, the upshot being a double defeat – no
constitutional recognition and no voice. It was a misjudgment on a mammoth
scale.
There were, in retrospect, alternative options. For
instance, if the legislative route had been taken for the voice, it would have
been authorised by the parliament and would be operating by now. And if the
symbolic route had been taken for constitutional recognition, based on
achievable Labor-Coalition bipartisanship, the referendum (without any voice)
might have been carried by now.
The upshot could have been a transformed Indigenous
landscape – but this was never an option given the Indigenous leaders insisted
on their big gamble. They fiercely rejected symbolic constitutional recognition
and rejected creating the voice by legislation even when they had the numbers
in both houses to achieve that. Future historians will ponder on this
conundrum.
Constitutional recognition and the voice were separate
ideas. There was no iron logic saying they needed to be tied together. The
mistake the Indigenous leaders made was their high ambition saying that
constitutional recognition must come through the mechanism of the voice.
A new direction in Indigenous affairs is the inexorable
logic from the referendum defeat. But where that new direction goes is
undefined. Anthony Albanese’s retreat from implementing the Uluru Statement
from the Heart in full has provoked hostility from many of the Yes campaign
Indigenous leaders. The issue of the treaty is being left to the states.
Federal Labor seems immobilised.
The leaders of the No campaign, senator Jacinta Nampijinpa
Price and Nyunggai Warren Mundine, see the referendum’s defeat as a pivotal
opportunity for fresh policy, yet they are being thwarted by a paralysed power
structure.
Amid the dismay of the Indigenous leadership at the 2023
defeat, the most powerful philosophical remarks about the future came from Noel
Pearson, an architect and campaigner for the voice. Several months ago, he told
the author: “In the wake of the referendum loss, we have to find a third way. I
am disillusioned because I thought the voice was a third way. But I cannot help
but return to the fact that belonging to Australia is the only way forward for
us. After the referendum defeat there are three possible responses. One, just
capitulate and admit defeat. Two, being bitter, disillusioned and alienated.
And the third way – that we keep making the case we belong to Australia, we
belong to this nation.
“Our advocacy has got to be about belonging. We are part of
the nation. We have nowhere else to go. This is our country and we have to keep
making the cause for unity and inclusion.”
Pearson’s message is not for separation, resentment or
resignation. It is a call for hope, even when the direction is unclear. It
reminds that the quest for reconciliation and “closing the gap” is a permanent
process.
Nampijinpa Price told Inquirer, “The Albanese government and
proponents of the Yes campaign are completely in denial even a year on from the
referendum. There’s an ongoing failure to recognise the need to take action to
address the needs of marginalised Indigenous Australians.
“There is no bipartisan approach from this government. It’s
their way or the highway and their way is failure. They put a referendum
telling us they wanted a voice but they’re not interested in hearing the voices
of Indigenous Australians who want practical solutions.”
The message of Jacinta Nampijinpa Price, like that of
Mundine, is for practical improvements for Aboriginal people in education,
housing, jobs and economic enterprise.
The message from Mundine is not to conflate rejection of the
referendum with rejection of Indigenous Australians. Mundine told Inquirer:
“Everywhere I went during the campaign – whether I spoke to Yes supporters or
No supporters – there was massive goodwill towards Aboriginal people. People
wanted things fixed, they wanted the ‘gap’ closed, they wanted practical
improvements. I travelled the entire continent and this was the sentiment
everywhere. The idea this vote was about racism and bad will towards Indigenous
people is absolute nonsense.”
Asked why the referendum was defeated, Mundine said it
offended the equality principle: “The reason becomes clear when you look at the
successful 1967 referendum. The 1967 vote was about equality, about bringing
Indigenous Australians into the wider Australian community. That’s what people
wanted; in 1967 they saw this as a no-brainer.
“What happened in 2023 was different: a proposal to put race
into the Constitution – and I know the Yes side denies this – but the public
saw the proposal as not treating people on an equal basis.
“That was the response I got everywhere I went. It was
particularly strong in migrant communities – they saw this as treating people
differently by race and they wouldn’t accept it.”
In assessing the referendum’s defeat, two realities should
be acknowledged.
First, Albanese as Prime Minister misjudged his
responsibilities saying the voice referendum was an invitation by the
Indigenous peoples to the Australian people. This was a disastrous formulation,
despite suiting some Indigenous leaders who wanted to be front and centre in
the campaign. It was Albanese’s job to insist on a process to negotiate the
model with the best chance of success.
Albanese as Prime Minister misjudged his responsibilities
saying the voice referendum was an invitation by the Indigenous peoples to the
Australian people. Picture: AFP
He didn’t do that. Yet with Labor’s record being one win out
of 25 referendums since Federation it was essential. During the native title
debate Paul Keating as prime minister confronted the Indigenous leaders,
negotiated with them and wound back their demands. That’s how a prime minister
should act when authorising a referendum question.
Second, the entire debate proceeded in ignorance of
conservative and Coalition politics, a catastrophic failure. In retrospect, the
voice was lost in October 2017 when it was rejected by the Turnbull cabinet.
Off the back of a recommendation from the independent
Referendum Council the cabinet rejected the idea with Turnbull as prime
minister, George Brandis as attorney-general and two future Liberal leaders at
the cabinet table, Scott Morrison and Peter Dutton. The voice was friendless.
The rejection was unanimous. Turnbull and Brandis were Liberal moderates. The
author said at the time the cabinet had no sense of political ownership of the
proposal.
Turnbull’s formal statement of rejection was explicit. It
said Australian democracy was built on the idea of “citizens having equal civic
rights” and a “representative assembly for which only Indigenous Australians
could vote for or serve in is inconsistent with this fundamental principle”.
This was the argument Dutton used six years later in
campaigning against the voice. Virtually nothing had changed in six years. The
voice was found against in 2017 on grounds of fundamental principle – breaching
the democratic equality along with the electoral view any voice referendum had
no hope.
Yet much of the public and media debate in the following
years refused to take this cabinet decision seriously, largely ignoring the
in-principle basis for rejection, attacking the Coalition for shallow and
populist politics and assuming that under pressure the Coalition under Dutton
would buckle and change its mind. This was most unlikely. Labor and the Yes
case ran on a proposal never likely to win bipartisan support. The shadow of
2017 hung over the 2023 referendum.
Fundamental to the voice legacy is the split in Indigenous
leadership exemplified by the division between Nampijinpa Price, and the Yes
Indigenous advocates. Nampijinpa Price did not just say No to the voice; she
called for a revisionist agenda and a new accountability in Indigenous affairs.
Her targets are both the Indigenous and non-Indigenous power structures. This
will have long-term consequences.
Nampijinpa Price wants no voice, no treaty, an end to
“neo-colonial racial stereotyping” and insists the central blunder in
Aboriginal policy has been the elevation of “grievance before fact”. Drawing on
her experience in the Northern Territory, Nampijinpa Price said policy had been
based on a false priority: race, not need.
Her message, like that of Mundine, is for practical
improvements for Aboriginal people in education, housing, jobs and economic
enterprise. Nampijinpa Price sees the historical template of Aboriginal people
as victims as counter-productive, ruining their agency and a misleading
“romanticism” of Aboriginal culture. She is a fusion of conservative and
radical. Her standing in Coalition ranks after the referendum means she will
exert a huge influence on Indigenous policy within the Liberal and National parties.
Nampijinpa Price’s rejection of campaigns around recognition
and treaty points to ongoing fundamental division but, even in their views on
how best to “close the gap” Nampijinpa Price and Mundine offer frontal
challenges to the progressive orthodoxy and existing power structure.
Nampijinpa Price has been thwarted by the Senate majority in
her efforts to establish an inquiry into Aboriginal land councils that have
immense control over land and funds, saying such Indigenous bodies are “not
functioning the way they could be” and were not promoting economic independence
for Indigenous Australians.
Two months ago Mundine published an analysis, Where to Now?,
for the Centre for Independent Studies, its central theme being: “Australians
do not want divisive and ideology-driven solutions or race-based policies.
Australians want real improvements in Indigenous lives and policies directed
towards need that deliver outcomes.”
In principle this should gather wide support; in practice
the obstacles will be significant. Mundine identified four priorities –
economic participation, education, safe communities and accountability. But he
wanted a decisive break from existing approaches.
His first big target was “that traditional lands are
collectively owned and controlled”. Individual property ownership is not
permitted. It is a model of “government-sponsored socialism” that denies “the
key building block for a real economy: private land ownership”. The upshot is
“communities have almost a complete absence of commerce”. A vicious cycle is
set up – low school attendance, low education outcomes, weak business activity,
social dysfunction and crime.
A functioning market economy, the proven method of success
around the world, is actively discouraged. “Business ownership – the most
important foundation of an economy – is almost non-existent,” Mundine said. Yet
a system with nearly two-thirds of people in remote communities not working is
buttressed by stakeholder interests.
Mundine said: “It is hard to understand why the federal and
NT governments have to pay for housing on Aboriginal lands when there are
billions in Aboriginal land trusts and other bodies, including from royalty
payments and native title payments.”
The real tragedy of the voice proposal is that it was
conceived as a measure for a conservative government. The originating
discussions were held in 2014 at the Australian Catholic University campus in
North Sydney, three years before the Uluru statement, with a small group
involving Cape York leader Pearson, his
adviser Shireen Morris, Australian Catholic University vice-chancellor Greg
Craven, Julian Leeser from the ACU, University of Sydney lawyer Anne Twomey and
lawyer Damien Freeman, among others.
The group settled on the voice concept having decided the
earlier idea of an anti-racial discrimination clause in the Constitution would
be rejected by the Coalition and the conservative movement. Twomey subsequently
told the Sydney Institute the voice proposal “was originally designed for a
conservative government to put to a referendum” – with Tony Abbott being prime
minister at the time and supporting constitutional recognition in principle.
For Pearson, winning conservative support was pivotal. He
often called the project a “Nixon goes to China” moment – that is, only
conservatives added to centre-left support could deliver the necessary
majorities. Three years later in a major political feat spearheaded by
Indigenous leaders Megan Davis, Pat Anderson and Pearson the Uluru statement
endorsed the voice and a Makarrata to oversee treaty-making. Pearson called the
idea “a constitutional bridge to create an ongoing dialogue between the First Peoples
and Australian governments and parliaments” to close the gap. In her book on
the referendum Morris
lamented that the voice came to be viewed as a “progressive” idea and that
from the time of Albanese’s election night commitment in May 2022 it “was
officially owned by the left”.
That’s true, but it was surely a political inevitability.
Once Albanese proceeded without any early effort at a parliamentary or
convention process to win broader support the referendum was set to become a
Labor-Coalition divide with Indigenous spokespeople on both sides.
Veteran supporter of Indigenous rights Father Frank Brennan
said in his post-referendum analysis: “The government’s process was never
designed at getting the Liberal Party led by Peter Dutton on board. As a
well-intentioned bystander, I had watched the train wreck coming. If you want
to amend the Australian Constitution you need a process from which no one is
excluded. You’ll never get this unless you’ve got the leadership of all major
political parties on board.
“I thought it necessary to do all I could to improve the
process and the wording. I failed, as did many others. Peter Dutton, like his
predecessors Tony Abbott, Malcolm Turnbull and Scott Morrison when each of them
was prime minister, never came aboard. Liberal leaders had ruled out the
Pearson option at every turn. In the meantime the Uluru processes ruled out
everything except the Pearson option.”
Albanese’s strategy worked only if Australia had changed
fundamentally as a country – and many Labor people felt, in the hubris of 2022
and 2023, having won the election, seen the teals steal the prized Liberal
heartland and watched the triumph of same-sex marriage, that Australia had gone
progressive and the voice was next on the agenda. They misread their country.
Being realistic, however, it is difficult to see how even in a constitutional
convention the Coalition would have supported the voice.
Moreover, the concessions Albanese would need to have made
would have been unacceptable to the Indigenous leaders. Hence, it was a doomed
project. Therefore, the legislative route was always the best prospect for its
advocates.
The further tragedy is that by putting a flawed referendum
new divisions have been created. In
The Australian (published on September 27) Geoff Chambers and Paige Taylor
sampled opinion among Yes advocates and found resentment towards the
Albanese government, frustration at the public’s ignorance of the disadvantage
of Aboriginal people living in remote communities and the belief that lies and
misinformation were basic to the voice’s defeat.
Constitutional law professor Davis said she was “living in a
parallel universe whereby this thing I’d worked on for 12 years was captured by
politicians and people of bad faith and there was nothing we could do”. Davis
said: “Our people are still grieving. Australia is not what we thought it was.
Slowly it’s dawning on people, especially the government, how detrimental
misinformation is to public debate. The lies and nonsense about what the voice
would do or could do was impossible to combat because lying in politics,
especially in the 2023 referendum, was acceptable.”
Davis said there was no evidence “it was the wrong proposal
or that it was the wrong time or that it would not work”.
This defies the entire foundation of the No case and
majority public sentiment. In essence, the voice was a radical concept – it was
a group rights political body, defined by racial ancestry, in tension with the
notion of democratic equality, given a constitutional standing virtually in
perpetuity, sitting next to the House of Representatives and Senate with a
sweeping advisory brief to the parliament and executive government on nearly
all aspects of public policy (since most policies affect some Indigenous
people) and designed to exert a political and moral influence within the system
of government. It is unsurprising the public voted it down decisively. It won’t
be easy but the task ahead is to navigate a better direction.
Here is the link:
https://www.theaustralian.com.au/inquirer/indigenous-voice-to-parliament-legacy-redrawing-the-map-to-aboriginal-recognition/news-story/d0037d2dda8cb4a1a2de2ab28b60ab43
My feeling is that this whole issue should not have been left in limbo after the referendum failure. The Government should have put together a credible plan and roadmap to address Indigenous Disadvantage and faced squarely the issue of entrenched disadvantage where it exists.
There is no doubt this is a very complex problem to address and the designing solutions is both urgent and bloody difficult! To me what is happening to date is little more than 'Brownian motion' and as a country we should be able to do a lot better than that!
Key, of course, will be real listening to those affected and taking up their ideas as to what is needed and has to be done. This is central to any chance of success...
Do you see any sensible ideas that might be explored?
David.