Australia's Indigenous 'Voice to Parliament' vote explained

Aboriginal and Torres Strait Islander people are advised this article may contain images, voices and names of deceased persons.

Australians will head to the polls on October 14 in a historic referendum on whether to change the country's constitution to allow for the creation of a new advisory board for Aboriginal and Torres Strait Islander peoples.

Known as the "Voice to Parliament," the new body, comprised of First Nations Peoples, would advise and make independent recommendations to the federal Parliament on policies affecting their lives and communities.

While announcing the date for the referendum on Wednesday, Prime Minister Anthony Albanese said the compulsory vote will allow "every Australian [to] have a once-in-a-generation chance to unite our country and effect positive change."

Who are Australia's First Nations Peoples?

Aboriginal and Torres Strait Islander groups, each with their distinct language, traditions and cultures, are believed to have lived on the Australian continent for upwards of 60,000 years before the British arrived in 1788.

Aboriginal people live on mainland Australia, Tasmania and other islands, while Torres Strait Islander people inhabit islands between the tip of Australia's Cape York and Papua New Guinea.

When colonizers claimed Australia for Great Britain in the late 18th century, they classified the continent as "terra nullius" — land belonging to no one. It was a controversial legal principle used to justify claims that territory not already under sovereignty or with, among other rationale, political organizations recognized by European states could be acquired by occupation.

From there, British settlers began forcibly displacing mainland First Nations peoples from their traditional homelands. An estimated minimum of 40,000 Indigenous Australians lost their lives in the early years of colonization due to conflicts with the British. Countless others were exposed to new and deadly diseases that had been brought to the colony.

Today, Aboriginal and Torres Strait Islanders represent around 3.8% of the Australian population, or 984,000 people.

Aboriginal, Torres Strait Islander peoples face many disadvantages 

Aboriginal and Torres Strait Islander communities are among the most disadvantaged groups in Australia.

The life expectancy of First Nations Australians is estimated to be about eight years less than the Australian average. First Nations adults are imprisoned at 14 times the rate of non-Indigenous adults, according to official data released in 2021. Aboriginal and Torres Strait Islander communities also have a higher rate of unemployment and alcohol and substance abuse. 

Although most Indigenous people live in country towns and cities, a percentage still live in very remote regions of Australia. This remoteness limits their access to necessary services, like health care and educational institutions.

Australia criticized for Indigenous rights shortcomings

Australia has been criticized for lagging behind other industrial nations when it comes to Indigenous people's rights and welfare.

The constitutions of Canada and the United States acknowledge tribal sovereignty, and New Zealand's constitution was based on the Treaty of Waitangi between the British Crown and Indigenous Maori tribes. Although Australia's Human Rights Act recognizes the rights of Aboriginal and Torres Strait Islander peoples in relation to their ancestral lands, cultural heritage, traditional languages and knowledge, and natural resources, Indigenous sovereignty is not explicitly recognized in the Australian constitution.

Despite a lack of constitutional recognition of First Nations Australians, the government has taken steps to address colonial crimes. The efforts include establishing National Sorry Day, which acknowledges the historical mistreatment of Aboriginal and Torres Strait Islander communities, and a formal apology in 2008 by then-Prime Minister Kevin Rudd for the forced removal of Australian Indigenous children.

The referendum is also seen, in part, as an acknowledgment of past wrongdoings and a recognition of Australia's First Nations Peoples.

Australian adults will choose between "yes" or "no" to answer this question: "A Proposed Law: to alter the Constitution to recognize the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?"

What will the referendum change?

The October 14 referendum stems from a 2017 gathering of Aboriginal and Torres Strait Islander leaders in Uluru, a sacred site in Central Australia. The conference began a campaign known as "Uluru Statement from the Heart," which seeks to create a formal platform for First Nations Australians to participate in decisions that affect their lives. 

For its supporters, the "Voice to Parliament" is a hope to improve the lives of Aboriginal and Torres Strait Islander peoples and recognize their place and status in Australian history.

Supporters of the proposed change have rallied in a campaign called Yes23, urging the public to vote in favor of the proposal. The campaign's website said that 80% of the First Nations Australians support "the Voice" mechanism.

However, recent polls have shown that general support for the proposal is decreasing, with opponents believing the "Voice to Parliament" might trigger legal disputes and divide Australians along racial lines without reducing the disadvantages faced by Aboriginal and Torres Strait Islander peoples.

In Australia, referendums need a "double majority" to succeed, meaning they need to be agreed to by the majority of voters nationally, as well as the majority of voters in at least four states. Votes cast outside Australia's six states, such as the Australian Capital Territory or the Northern Territory, will be counted toward the national majority. 

Edited by: Davis VanOpdorp