ABORIGINES angry about having neither a place in the constitution nor a treaty are set to use Australia Day to revive street protests like those of 40 years ago that gave birth to the Canberra tent embassy, a leader of the nation's peak indigenous body has warned.

''Next week people will be asked that question: will they want to start up political action, particularly with a hostile government, and go back to street demonstrations of 1972? And the answer is likely to be yes,'' said Les Malezer, the co-chairman of the National Congress of Australia's First Peoples.

''Back to street demonstrations'' … Les Malezer, co-chairman of the National Congress of Australia's First Peoples, in Canberra. Credit:Alex Ellinghausen

Mr Malezer, a firebrand who was elected as the co-chairman of the new body alongside the more moderate former NSW Department of Aboriginal Affairs head Jody Broun, said that the report commissioned by the Prime Minister, Julia Gillard, recommending constitutional change would ignite a bigger debate.

But as thousands are expected to head to Canberra next week to commemorate the Australia Day occupation of the Parliament House lawns four decades ago, the government showed no intention of wanting to discuss wider issues of sovereignty, treaty and land rights, Mr Malezer said.