this post was submitted on 30 Aug 2023
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With the Voice to Parliament Referendum date announced to be October 14 2023, this thread will run in the lead up to the date for general discussions/queries regarding the Voice to Parliament.

The Proposed Constitutional Amendment

Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples

129 Aboriginal and Torres Strait Islander Voice

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples; the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

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Here are some previous posts in this community regarding the referendum:

Common Misinformation

  • "The Uluru Statement from the Heart is 26 Pages not 1" - not true

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  1. Added the proposed constitutional amendment (31/08/2023)
  2. Added Common Misinformation section (01/07/2023)

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[–] Commiejones@hexbear.net 5 points 1 year ago (1 children)

“Chapter IX Recognition of Aboriginal and Torres Strait Islander Peoples

129 Aboriginal and Torres Strait Islander Voice

In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples; the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

This referendum does not establish a First Nations Voice enshrined in the Constitution. This Amendment is a nothingburger. They didn't even enshrine the right for the Voice to address parliament. They said the voice "may" make representations to the Parliament and the Executive. I'm pretty sure anyone "may" make representations to the Parliament and the Executive if the Parliament and the Executive see fit.

The Parliament already has power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice. The whole point was to make a "Voice enshrined in the Constitution" not to enshrine in the constitution a Voice subject to parliament.

I don't care how you vote but if you think this referendum will make Aboriginal Australians' lives better you are kidding yourself. This is a performative measure so that people can feel good about themselves while they continue to live on stolen land and profit from genocide.

[–] naevaTheRat@lemmy.dbzer0.com 1 points 1 year ago

Language like may has specific interpretations under law. I'm not a constitutional lawyer but it probably means something like they don't have to if they have nothing to say but that Parliament has to listen if they do.

My wife works in regulations for chemical imports and it's full of "aisic may require companies to make declaration" which means "if don't file imports you go to gaol".

Nothing in the constitution is particularly rigid. Consider how elections are described. No provisions for how they will be conducted are specified, just that you have to have them and roughly who is allowed to vote.

And yet while not as good as the multi member elections of many European countries our electoral system is pretty good.