Referendum on the Voice

Referendum on the Voice
Name	Referendum on the Voice
Date	2023
Country	Australia
Outcome	Not carried
Electorate	Australian voters
Turnout	High

Referendum on the Voice

The Referendum on the Voice was a 2023 Australian national plebiscite proposing a constitutional alteration to recognise and establish an advisory body for Aboriginal and Torres Strait Islander peoples. The proposal intersected with issues involving Indigenous recognition, constitutional law, and national politics, engaging figures and institutions across the Australian political landscape.

Background

The referendum emerged from discussions involving Prime Minister of Australia, Anthony Albanese, Scott Morrison, and prior leaders such as Malcolm Turnbull and Kevin Rudd who engaged with matters including the Uluru Statement from the Heart, 2020 Statement, and reconciliation initiatives. Key Indigenous leaders including Noel Pearson, Mick Dodson, Patricia Anderson, and Galarrwuy Yunupingu shaped public dialogue alongside organisations such as Reconciliation Australia, Lowitja Institute, National Congress of Australia's First Peoples, Aboriginal and Torres Strait Islander Commission, and Australian Indigenous Lawyers Association. Cultural figures like Adam Goodes, Dorinda Hafner, Archie Roach, and Baker Boy participated in advocacy and commentary, while media outlets including ABC (Australian Broadcasting Corporation), The Sydney Morning Herald, The Australian, The Guardian (Australia), and News Corp Australia amplified debate. State and territory leaders — Premier of New South Wales, Premier of Victoria, Premier of Queensland, Premier of Western Australia, Premier of South Australia, Premier of Tasmania, Chief Minister of the Northern Territory, and Chief Minister of the Australian Capital Territory — contributed positions against a backdrop of institutions such as the High Court of Australia and the Parliament of Australia.

Proposal and Text

The amendment proposed inserting a new section into the Constitution of Australia to establish an advisory body for Indigenous peoples. Drafting involved legal experts from Australian Law Reform Commission, academics at Australian National University, University of Melbourne, University of Sydney, Monash University, and University of Queensland, plus counsel associated with Human Rights Commission (Australia), AIATSIS, and private firms engaged in constitutional practice. Proponents cited comparative models such as Treaty of Waitangi, Māori electorates, Canadian Indian Act, Truth and Reconciliation Commission (South Africa), and advisory practices in Norway and New Zealand to contextualise structural design. Opponents raised issues referencing jurisprudence from the High Court of Australia, precedents like Attorney-General (Cth) litigation, and statutory frameworks including Racial Discrimination Act 1975.

Campaigns and Political Positions

The "Yes" campaign included coalitions of Indigenous organisations, trade unions like Australian Council of Trade Unions, NGOs such as Amnesty International, arts institutions like Sydney Festival, and political parties including elements of the Australian Labor Party and parts of the Australian Greens. Prominent figures backing "Yes" included Linda Burney, Ken Wyatt, Marcia Langton, Glenyse Ward, and Richard Frankland. The "No" campaign involved members of the Liberal Party of Australia, National Party of Australia, conservative groups linked to Institute of Public Affairs, and commentators from outlets such as Sky News Australia. Figures including Peter Dutton, Jacinta Nampijinpa Price, Alan Jones, Andrew Bolt, and Cory Bernardi articulated opposition, while crossbenchers like Clive Palmer entered broader political debate. Campaign finance and advertising involved entities such as Electoral Commission (Australia), state electoral commissions, and watchdogs including Australian Charities and Not-for-profits Commission.

Public Opinion and Polling

Polling firms such as Newspoll, Essential Research, YouGov, Ipsos, Roy Morgan, Galaxy Research, and Lonergan Research tracked support and demographics. Early polls showed shifts influenced by events involving figures like David Littleproud and legal commentary from Geoffrey Robertson and Brittany Higgins. Media coverage from SBS (Special Broadcasting Service), 7NEWS, 9News and print outlets influenced discourse. Academic polling analyses published through Griffith University, University of Western Australia, and think tanks including Lowy Institute and Centre for Independent Studies explored regional variation, with notable differences across electorates such as Warringah (Division of Warringah), Maribyrnong (Division of Maribyrnong), and Blaxland (Division of Blaxland).

Legal and Constitutional Issues

Constitutional scholars including Anne Twomey, George Williams (lawyer), Karla Grant, and Cheryl Saunders debated justiciability, separation of powers, and interpretive approaches informed by cases like Mabo v Queensland (No 2), Koowarta v Bjelke-Petersen, and Wik Peoples v Queensland. The role of the High Court of Australia and potential for litigation under the Constitutional Alteration provisions framed analysis alongside international law references to UN Declaration on the Rights of Indigenous Peoples and decisions from courts such as the Supreme Court of Canada and European Court of Human Rights.

Referendum Day and Results

Referendum day mobilised electoral administration by the Australian Electoral Commission with campaigning observed in capitals including Canberra, Sydney, Melbourne, Brisbane, Perth, Adelaide, and Hobart. Vote counting and results involved political responses from leaders like Anthony Albanese, Peter Dutton, and state premiers including Jacinta Allan and Steven Marshall. The referendum did not achieve the required majority among states and the national count, prompting commentary from constitutional experts and commentators across ABC News and international outlets such as BBC News and The New York Times.

Aftermath and Impact

Following the result, discussions continued among Indigenous organisations like First Nations National Constitutional Convention, legal institutes including Public Interest Advocacy Centre, and cultural institutions such as National Museum of Australia and Museum Victoria. Debates over alternatives—treaty processes modeled on Barunga Statement, truth-telling commissions inspired by Truth and Reconciliation Commission (Canada), and local mechanisms involving Land Rights (Northern Territory) Act 1976—intensified. Political repercussions affected party strategy ahead of subsequent federal elections, with commentary from strategists associated with Labor Right faction, Liberal Party faction, and independent offices such as Teal Independents. International reactions referenced work by figures like Barack Obama and Jacinda Ardern on reconciliation themes and comparative constitutional recognition efforts.

Category:Referendums in Australia