Like most Australians I am disappointed in the lack of
progress in eliminating the gap in living standards between many, mainly
outback, indigenous citizens and the average Australian (GAP). It remains
shameful that despite multiple attempts over decades and despite significant
investment in public funds there still remains a significant GAP. Certainly,
past efforts have not worked, and new approaches are justified. The current
proposal to change Australia’s Constitution to recognise a new body called a Voice
and empower this body to make representations to all levels of executive
government is no doubt a genuine effort by many of its proponents to redress
past failures.
However, I believe this proposal is seriously flawed, and,
despite the best intentions of its proponents, should be voted down in the
upcoming referendum.
There are many reasons for my rejection of this proposal, but
I can summarise them under the following.
•
It is undemocratic and racially discriminatory.
• It
is divisive & dangerous.
• Constitutional
change is NOT required to eliminate the GAP.
Let me elucidate each of these in turn.
It is undemocratic & racially discriminatory.
The founding principle of any democracy is that all citizens
have equal rights. However, the Voice proposes to give some
additional rights to just some citizens. That is the right to be selected to a
new body called the Voice which has the ‘right’ to make
representations to all levels of executive government. While proponents of the
Voice argue that no special ‘rights’ will be conferred to the Voice, that is
clearly not true. The ‘right’ to make representations to all
levels of executive government is clearly a right and it is highly valuable,
otherwise why would the proponents of the Voice want it. Yet only some citizens
will be able to be members of the Voice.
So, the Voice breaks the most fundamental principle of a
democracy that all citizens are equal and is therefore undemocratic.
Worse still the citizens entitled to be part of the Voice are
selected on the basis of their ancestry, which means that they are all of the
one race. This is clearly racially discriminatory.
Proponents of the Voice argue that it is not discrimination
because it confers a benefit to the race rather than a disadvantage.
However, Article 1 of the UN Universal declaration of human
rights bans all unequal treatment of citizens based on their race,
even when the different treatment confers benefits. Article I does allow temporary
beneficial discrimination. However, the Voice is being put into the
constitution making the benefits of taking part in the Voice permanent and
would therefore contravene Article 1.
Far from the opponents of the Voice being racist, as they
have been labelled often enough, it is the proponents of the Voice who are
proposing to make Australia’s Constitution racist.
It is divisive & dangerous.
Without doubt the Voice debate has created enormous division
in our social discourse. Some of this was to be expected as there are always
two sides to any proposition. However, the level of acrimony seems
unprecedented. Clearly the opposing sides are passionate about their views, and
this is likely to continue sometime after the referendum but would normally die
down.
However, by entrenching a racial component to the governance
of our country, the Voice would forever cause division. Wherever the Voice makes representations it
would have proponents and opponents. Each of these sides\ would continue to
fight for acceptance by the Government, the media, and the electorate. So
instead of having just opposing political parties with all the general
debate/acrimony that entails, the Voice would introduce another dimension for
further social and political division.
But not only would we have a country harder to govern due to
increased division on our legislative discourse, the Voice would set a path
with multiple potential dangers. Very likely changes not anticipated but
impossible to correct once the Constitutional change has been made.
There is a long history of attempts by many governments at
both reconciliation and eliminating the GAP. Each such attempt was accompanied
by honied words promising all the benefits that the Voice proponents promise
today, ‘bringing the country together’, unity, ‘doing the right thing by our
indigenous brothers’, raising living standards. These include native title,
multiple bodies such as ATSIC, now disbanded due to corruption, and the
currently active NIIA etc, stolen children commissions and ‘sorry day’.
All of these attempts at ‘reconciliation’ and eliminating the
GAP have failed to deliver either. But they did generate further demands.
The most recent ‘request’ is the Voice, a substantial
Constitutional change that would change the governance of Australia virtually
permanently. But that is not the end, the Uluṟu statement gave a road map,
first the Voice, then a treaty, and then ‘truth telling’. But many of the
proponents of the Voice have also voiced further demands for changing Australia
day, some want reparations and even self-governance.
Over the same period that these claims and concessions have
occurred, we have seen the emergence of a small but growing number of militant
indigenous activists, criticising every aspect of Australian history and social
norms. They claim sovereignty over all land, want reparations, declare there is
a ‘war’ between white ’colonists’ and indigenous, and accuse Australians of
past genocide and even claiming ongoing genocide. These small groups can easily
turn violent and can in turn cause the formation of vigilante groups in
opposition. We have seen this type of militancy occur in other social
movements, civil rights, eco terrorism, etc.
The Voice will only feed the extremists, encouraging further ever
more divisive demands. This is dangerous.
It is unnecessary.
Finally, the change to the Constitution,
to constitutionally entrench the Voice, is not necessary.
I personally do not accept the
claims by proponents that the Voice would reduce the GAP. After all we have heard that claim before
without any change in the GAP. However, my main objection is that changing the
Constitution to entrench the Voice would make our Constitution undemocratic and
racist.
I do not have a strong issue
with legislating the Voice and evaluating if it works.
If it does and makes a significant
reduction of the GAP, then obviously putting it in the Constitution is not
necessary. And if it doesn’t work then you can change it or close it down.
This approach highlights the
inconvenient fact that the only reason the Voice needs to be put into the
Constitution is to prevent it from being removed if it fails.
An alternate vision
The Voice proposal encompasses a vision of Australia that
permanently separates non-indigenous Australians from Indigenous Australians,
with different rights, different flags and different accepted visions of
Australia.
However old fashioned it may be, my vision for Australia is
best outlined by the old Seekers song.
“We are one,
But we are many,
And from all the lands of earth
we come,
We’ll share a dream.
And sing with one voice.
I am, you are, we are Australian”.
Yes, let us all ‘sing with one voice’, lets unite our
country, one nation, one flag, one people, all equal.