At Uluru in 2017, Indigenous Australians made clear that the kind of constitutional recognition they wanted was a living and continuing recognition, rather than mere words on a page of a little-read document. They called for recognition through an ongoing voice to Parliament about the laws and policies that affect them.

In rejecting this proposal, one claim by the government was that this would be discriminatory and contrary to principles of equality because it would give one racial group a means of influencing Parliament that is not open to others.

Pat Anderson from the Referendum Council with a piti holding the Uluru Statement from the Heart. Credit:Alex Ellinghausen

But it must be remembered that it is already the case that Indigenous Australians form the only racial groups about which special laws are made. This is because they are the only racial groups that lived in Australia prior to European settlement and accordingly have continuing legal rights, such as native title rights. Their continuing cultural heritage is also entitled to special legal protection and sustenance, as part of Australia’s national heritage. If they are the only racial groups subject to special laws, then it seems reasonable and fair that they should at the very least have a voice that can influence the body that makes those laws.

If established, the body representing Indigenous voices would have its views tabled in the Parliament, so that Parliament could be better informed when it makes laws. It would not be the only body to inform Parliament. There are numerous other bodies that already fulfil this function, representing other points of view. They include the Productivity Commission, the Australian Law Reform Commission, the Australian Human Rights Commission and the Auditor-General. They all make reports directly to Parliament, which are tabled so that our lawmakers can be better informed when they enact laws.