Why a First Nations Voice to Parliament is a ‘constitutional moment’ that offers a new vision of Australia
At Uluru, an invitation was issued to the Australian people. With the upcoming referendum, the nation will decide whether to accept that invitation. In this compelling, fresh and imaginative essay, Megan Davis draws out the significance and the promise of this “constitutional moment” – what it could mean for recognition and justice.
Davis presents the Voice to Parliament as an Australian solution to an Australian problem. For Indigenous people, it is a practical response to “the torment of powerlessness.” She highlights the failure of past policies, in areas from child protection to closing the gap, and the urgent need for change. She also brings out the creative and imaginative dimensions of the Voice. Fundamental to her account is the importance of truly listening. In explaining why the Voice is needed from the ground up, she evokes a new vision of Country and community.
“When people say this is about changing Australian identity, it’s not. It’s about location; we are located here together, we are born here, we arrive here, we die here and we must coexist in a peaceful way. The fundamental message that many elders planted in the Uluru Statement is that the country needs peace, and the country cannot be at peace until we meet; the Uluru Statement is the beginning of that.” Megan Davis, Voice of Reason
Megan Davis is Professor of Constitutional Law at UNSW, a global Indigenous rights expert on the UN Expert Mechanism on the Rights of Indigenous Peoples, and a former chair of the UN Permanent Forum on Indigenous Issues. She was the first person to read out the Uluru Statement from the Heart, at Uluru in May 2017.
This is a powerfully written argument outlining the argument for the Voice to Parliament in the context of Australia’s 2023 referendum to change the constitution. Professor Davis presents a detailed and highly readable account of Australia’s constitutional position with regard to Indigenous Australians and its history. The essay is a compelling work based upon the author’s knowledge, expertise and lived experience and involvement in Australia’s contemporary political discourse. I feel honoured to have read her work and humbled by the her generosity of engagement and wisdom. It’s so sad that I write this review following the 2023 referendum. I regard Professor Davis’s work as a historical piece that will stand as a testament to the fundamentally correct argument that is there for all to accept. Thank you Professor Megan Davis. I would love to meet you and shake your hand.
Great background to the Voice and the upcoming referendum. Provides insight into the journey to this point, and the reasons why this is so important and why it has been shaped the way it has.
This is an excellent case for the Voice giving the history of both the dysfunction of Indigenous Australia’s relationship with the Commonwealth and the processes that lead up to the Uluru Statement from the Heart and the proposed Voice.
The governance and policy failures Davis outlies are much greater than I, and I would guess most non-Indigenous Australians realise.
As two of the correspondents published in the subsequent QE note, Davis draws out how the Voice (and the processes leading up to it) do not undermine democracy—which is more than the narrow conception of electoral rights held by some opponents to the Voice—but will actually strengthen it.
Like many Australians, I was only aware of the proposed Aboriginal and Torres Strait Islander Voice to Parliament through the daily political reporting out of Canberra.
Australians will be asked to vote later in 2023, most likely in October, on a referendum about whether to change the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
The Voice would be an independent and permanent advisory body. It would give advice to the Australian Parliament and Government on matters that affect the lives of Aboriginal and Torres Strait Islander peoples.
Aboriginal and Torres Strait Islander people have called for members of the Voice to be chosen by First Nations peoples based on the wishes of local communities.
In this essay, Megan Davis - a professor of constitutional law and one of the architects of the Voice - spells out clearly why it is needed.
She painstakingly explains the decades of failed starts, well-meaning bureaucratic bungling, politically cynical ‘tick and flick’ attempts to deal with the ‘Aboriginal Problem’ and fly-in-fly-out fact-finding missions by ‘experts’.
None has gotten to the root of the issue, which is simple recognition. First Nations people want to be heard. Until now, they have been patronised and ignored and treated as an embarrassing problem that won’t go away.
The solution is relatively simple. They must be recognised within the constitution and have a say in their own government. They are not another minority group, but the first people of this continent who were robbed of their land and sovereignty.
This is really a chance for a new beginning. As Davis says eloquently of the dialogues that led up to the Uluṟu Statement from the Heart:
“In the dialogues, our old people kept saying, without prompting, that ‘reconciliation’ was the wrong word. They said it implied the restoration of friendly relations after a conflict, but, they said, we have never met. This is what the Uluṟu Statement stands for. It is a beginning. It is about recognition, and it is about renewal. It is a hand of friendship extended to the Australian people, an invitation to come and meet with us.”
Not a good essay. Her point is that we should have the Voice, we all get that. But it's quite unclear what the arguments are in favour. Poorly structured - the chapters feel disjointed, like they were written separately and then just put alongside one another. Sometimes an individual paragraph meanders and strikes at three different, unrelated points. I almost didn't finish it
Davis’ argument is well-researched, and her background in law enables a clear and succinct perspective on how we can learn from history and move forward. It is a refreshing read because it is composed of facts rather than opinions, and it is a must-read before the referendum.
Interesting and meaningful book, giving a good historical background to the Voice referendum, but the writing was so dry. Books like this should be written in an engaging style to get more people to read them and gain the facts they need to make a decision on which way to vote.
Gave me a better understanding of constitutional recognition versus legislative and how justice for indigenous people frightens people. Aboriginal and Torres Strait Islander people will have a constitutional voice at the table to put forward solutions to their problems. Governments can listen, and then legislate with those voices and experiences heard. I say YES to this, for us as a nation, we need to understand our past, make amends to be able to move forward.
A strong and impassioned case for the Indigenous Voice to Parliament, probably unlikely to sway anyone rigidly set against it, but informative and reaffirming for those with a sense of human dignity.
How painful to read this after the October vote. The examples of process and consensus that Davis outlines on the path to the Uluru statement & thence Voice contrast sharply with the dog whistle knee jerk reaction from Mundine Price and Dutton. Australia was gifted an opportunity to do something different but the coalition of RWNJ's had to turn it into BAU politics ... nevermind the consequences.
Professor Davis colours in some of the political background briefly alluded to in Thomas Mayo (published as Thomas Mayor)'s Finding the Heart of the Nation. It also has the advantage of being able to discuss the specific wording of the Constitutional amendment, and contextualise it and it's development from a Constitutional Law perspective.
I found her reflection useful for understanding what the 'emphatic Yes' crowd see in it, beyond the basic Twitter/X talking points. It does a little to address points made by the 'reluctant Yes/progressive No' crowds but does not speak to them specifically, and so hasn't had much impact upon my own decision-making for referendum.
Fundamentally, I now clearly understand why it had to have the structure proposed, but that doesn't help me grapple with its shortcomings, nor perform the complex assessment of risk/benefit for either option with respect to Aboriginal or Torres Strait Islander communities, as seen by those communities.
While 'Voice of reason' didn't teach me much I didn't already know, I appreciated Davis' exploration for why treaty as has been done in Canada and the USA is not a viable option in Australia. This gave me more insight into the different types of treaty used in other reconciliation efforts around the world and helped me to understand the complexity of reconciliation in Australia.
The essay is short - you can read it in a day or two - and detailed. Davis is a lawyer who has worked in Aboriginal rights and activism her whole career and has been part of several advisory bodies for previous federal governments. She is highly qualified to write on the subject and argues a compelling case for the 'Yes' vote.
If you're already a 'Yes' voter, Voice of Reason will affirm your beliefs and perhaps give you more reasons for saying yes.
If you're a 'No' or undecided voter, definitely give this a read to learn the history of the Voice and to help you make an informed decision.
An important read for all Australians. If you have a vote in the upcoming referendum, best to know what the context is. This essay is a good place to start, and explains the importance of the Voice to Parliament in the historical context of First Nations Peoples.
For me, the most important point made was about representation. With a disparate 3% of the population of Australia, the parliamentary system is not built to the specific needs of Indigenous Australians nor grants them representation in meaningful ways.
3.5 stars from me. Good background reading to the Voice question - from the yes perspective obviously. I listened as an audiobook which is narrated by the author. The best aspect as far as I was concerned was the summary of the journey to the current situation which I didn’t know in any detail (though probably should have).
Before reading this I hadn’t done much research on the voice and the only thing I knew about it is from politicians. This was a good overview of how it came to be and the context and history behind its intent.
A sensible and logical discussion from someone who actually understands the constitution. A good history of the voice and its origins and its forebears. I would highly recommend it to anyone who wants to cut through the lies and the hysteria of the Murdoch world.
A relatively short text but one filled with detail and information.
Too many notables parts to name all but very interesting focus on Aboriginal funding and Australia’s reconciliation plan, and their respective effectiveness for broader Australian society.
I loved reading this essay. Although it was after the (disappointing) referendum result, this was a reminder to me about the reasonableness of the request and the author explained the constitutional and historical context clearly and logically.
A concise and persuasive explanation of the Yes case, with rather more historical backend than most other such explanations. Definitely worth your time if this an issue you're still undecided about.
5 ☆ Finished reading ... Voice of Reason: on recognition and renewal / Megan Davis … 25 July 2023 Series: Quarterly Essay, No.90 ISBN: 9781760644215 … 66 pp. + endnotes
Shorter (66 p.) and as easy to read as the The Voice to Parliament Handbook. As important as the Handbook is, IMHO this is even more important. It explains the why of the Voice in information that I've not seen anywhere else.
There is a brief run-through of Indigenous history with politicians since 1967. A lot happened, and didn't happen. It shows how poorly regarded Indigenous people have been and still are.
It answers the belligerent questions about … … "Where does all the money go?" Mostly "not" to Indigenous people... it has even been used "against" them in fighting against land rights claims. … “Why not legislate, without a referendum?” Because all legislated bodies so far have failed due to government interference then abolishing them. … “Don't they have people to speak for them already?” Yes, but politicians and bureaucrats don't listen – at all or meetings are way too brief. The author shows that, culturally, until Indigenous people are given time to get to know you, they will tell you what you want to hear, not what they really want to say.
And there are answers to questions we don't know to ask, so that we remain ignorant about a different way of doing things, a different way of consulting – dialogue, not discussion or argument.
I'd need a very good explanation why anyone would even consider voting No after reading this... because I can't imagine any reason at all.