Jurist Australia to vote on Indigenous Voice to Parliament referendum on October 14

[Dadparvar]

Australian Prime Minister Anthony Albanese announced Wednesday that Australians will vote on October 14 on whether to alter the Australian Constitution to recognize First Nations people by establishing an Aboriginal and Torres Strait Islander voice in Parliament. Australia has not held a constitutional referendum since the last one in 1999.

Australia’s legal system requires a two-step process to change the Constitution. Parliament must first pass a bill containing the amendment before it is then voted upon by Australian electors in a referendum. The October 14 referendum seeks to change the constitution to add a new chapter. Previously, Australian members of Parliament passed legislation to allow the vote to move forward in March. The new chapter will be located in Chapter IX-Recognition of Aboriginal and Torres Strait Islander Peoples to the Constitution. The chapter would include a new section 129, which would be as follows:

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

i. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice;

ii. 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;

iii. 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.

The proposed constitutional provisions are centered around two fundamental principles, namely, recognition and consultation. Albanese has stated that Aboriginal and Torres Strait Islander Voice “will not have a veto power, and it will not deliver programs or manage funding.”

Polling on the issue has shown that the referendum has divided Australians and has generated significant attention, with some politicians and highly influential members of the legal profession—such as former High Court justice Ian Callinan—opposing the vote. There has also been strong support for the vote by the former Chief Justice of the High Court Robert French and leading constitutional law barristers Noel Hutley SC and Bret Walker SC.

If Australians vote in favor of the Aboriginal and Torres Strait Islander Voice, the constitution will be amended to reflect the new chapter.

The post Australia to vote on Indigenous Voice to Parliament referendum on October 14 appeared first on JURIST - News.

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