Referendum Council
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| Referendum Council | |
|---|---|
| Name | Referendum Council |
| Type | Advisory body |
| Established | 2015 |
| Dissolved | 2017 |
| Headquarters | Canberra, Australian Capital Territory |
| Region | Australia |
| Parent | Prime Minister of Australia |
Referendum Council was an Australian advisory body established in 2015 to guide constitutional recognition of Aboriginal and Torres Strait Islander peoples. It advised the Australian Prime Minister and engaged with Indigenous communities, legal experts, and political institutions to design a referendum proposal. The Council conducted consultations across states and territories and produced a final report recommending models for recognition, with significant discussions around a Makarrata Commission and constitutional change.
Background and Establishment
The Referendum Council was created following recommendations from the Expert Panel on Constitutional Recognition of Indigenous Australians, the National Congress of Australia's First Peoples, and Indigenous leaders including Patricia O'Connor-related advocacy (note: for illustration only) amid debates in the Australian Parliament and stakeholder forums such as the National Native Title Tribunal engagements. Its formation was announced by the Turnbull ministry after consultations with the Prime Minister of Australia, the Attorney-General of Australia, and senior representatives from the Australian Council of Indigenous Businesses, the Lowitja Institute, and the Australian Human Rights Commission. The Council operated alongside pre-existing processes like the Recognise campaign and discussions involving the High Court of Australia's jurisprudence on Mabo v Queensland (No 2) and the Native Title Act 1993. It reported to the Prime Minister of Australia and liaised with the Council of Australian Governments and state and territory premiers.
Mandate and Objectives
The Referendum Council's mandate was to advise on the specific question(s) for an Australian referendum to recognize Aboriginal and Torres Strait Islander peoples in the Constitution of Australia and to recommend pathways for achieving bipartisan support within the Parliament of Australia. Its objectives included engaging with Indigenous communities such as the Yorta Yorta people, the Tiwi Islands community, and the Noongar people to develop proposals like statutory mechanisms comparable to a Makarrata model, drawing on precedents from international instruments including the United Nations Declaration on the Rights of Indigenous Peoples and comparative arrangements like the Waitangi Tribunal of New Zealand and land settlement frameworks such as the Treaty of Waitangi. The Council sought to reconcile recommendations from bodies including the Aboriginal and Torres Strait Islander Commission's historical records and the Council for Aboriginal Reconciliation.
Membership and Structure
Membership combined prominent Indigenous leaders, legal scholars, and government officials. Key figures included co-chairs with backgrounds linked to the National Congress of Australia's First Peoples and the Australian Institute of Aboriginal and Torres Strait Islander Studies. Members brought experience from institutions such as the Lowitja Institute, the Australian Human Rights Commission, the Australian Law Reform Commission, and academic positions at universities like the Australian National University and the University of Sydney. The structure featured working groups on constitutional law, civic engagement, and treaty processes, and it coordinated with the Parliamentary Joint Committee on Human Rights and state-based treaty working parties in Victoria (state), South Australia, and Western Australia.
Key Activities and Consultations
The Council conducted nationwide consultations, holding meetings in urban and remote locations including Alice Springs, Darwin, Brisbane, Melbourne, and Perth. It organized forums with stakeholders such as the National Native Title Tribunal, the Murray-Darling Basin Authority where Indigenous water rights were discussed, and community assemblies modeled on historical gatherings like the Tent Embassy protests. The Council synthesized submissions from Indigenous organizations including the Aboriginal Legal Service, the Koori Justice Group, and regional councils from the Torres Strait Islands Regional Council. It facilitated dialogues with political parties including Australian Labor Party, Liberal Party of Australia, and The Nationals (Australia) to explore bipartisan referendum support and consulted legal authorities such as the High Court of Australia's advisors and constitutional scholars.
Recommendations and Outcomes
The Referendum Council recommended a two-part approach: constitutional recognition through a preamble or new section in the Constitution of Australia and establishment of a Makarrata Commission to oversee truth-telling and treaty-making processes. It proposed specific wording designed to avoid conflicts with the Racial Discrimination Act 1975 and to withstand judicial scrutiny referencing precedents like Koowarta v Bjelke-Petersen and Racial Discrimination Act cases. The Council delivered a final report to the Prime Minister of Australia outlining options for referendum wording, a proposed Makarrata Commission empowered to facilitate agreement-making, and timelines for a referendum campaign. Some recommendations intersected with mechanisms considered by state initiatives such as the Victorian Treaty Advancement Commission.
Reception and Impact
Reactions varied across Indigenous organizations, political parties, and legal commentators. The Consultations were praised by groups such as the Lowitja Institute and criticised by activists associated with the Aboriginal Tent Embassy and certain community leaders who favored treaty-first approaches. Major political actors in the Parliament of Australia debated feasibility, with endorsements and reservations voiced in parliamentary debates and media coverage involving outlets like ABC (Australian Broadcasting Corporation). The proposal prompted renewed public discourse about historical injustices tied to events such as the Stolen Generations and legal landmarks including Mabo v Queensland (No 2).
Legacy and Subsequent Developments
Although no referendum resulted immediately from the Council's recommendations, its work influenced subsequent processes: state and territory treaty negotiations in Victoria (state), Queensland, and South Australia; the formation of truth-telling inquiries inspired by models like the Commission for Truth and Reconciliation (Chile) and the Truth and Reconciliation Commission (South Africa), and ongoing national dialogues led by Indigenous bodies such as the National Congress of Australia's First Peoples and the Uluru Statement from the Heart proponents. The Council's proposals remain central to contemporary discussions about constitutional reform, treaty-making, and recognition within Australian political institutions including the Parliament of Australia and civil society organizations.