But those who strongly oppose a treaty is higher than the proportion who strongly oppose constitutional recognition

This article is more than 4 years old

This article is more than 4 years old

Australian voters would support a treaty with Aboriginal and Torres Strait Islander peoples as well as constitutional recognition, a new survey has found.

The survey of 1,000 people by Sydney-based JWS Research found that 59% would support a treaty with Australia’s first peoples, marginally below the 60% who said they would vote yes in a referendum to recognise Aboriginal and Torres Strait Islander peoples in the preamble to the Australian constitution, if the referendum were held today.

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However the proportion of people who said they would strongly oppose a treaty was higher than the proportion who strongly opposed constitutional recognition, with 9% and 7% respectively.

Indigenous silk Tony McAvoy SC said the result was “encouraging.”

“People aren’t viewing the constitutional reform as the end result,” McAvoy told Guardian Australia. “And that allows, I think, the development of both processes.”

Conducted in the days immediately following the 2 July federal election, the survey appears to contradict prime minister Malcolm Turnbull’s concern that raising the prospect of a treaty could “undermine” the campaign for constitutional recognition.

Turnbull made the comment after the opposition leader, Bill Shorten, said a treaty could be part of a post constitutional recognition settlement.

The survey found 66% of people had some awareness of the proposed referendum, although only 40% were confident about it.

Of the 60% who said they would support constitutional recognition, 36% said they would definitely vote ‘yes’ and 24% said they probably would.

The level of support was consistent across states and territories and did not markedly vary based on a survey respondent’s age or political persuasion.

Those who were aware of the proposal were more likely to vote yes, at 67%. On those figures, a referendum held today would pass.

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Recognise, the organisation charged with drumming up support for the referendum, put support for the ‘yes’ vote at 77% in its latest survey in May. It told Guardian Australia the difference in the result lay in the undecided voters. The JSW Research survey said 25% of voters were unsure, while Recognise polling asked a follow-up question forcing that cohort to declare a vote.

“There is a solid body of research that shows that we can achieve the clear majority needed to be successful at a referendum on constitutional recognition,” Recognise joint campaign director, Tim Gartrell, said.

The Referendum Council held a two-day meeting of Indigenous leaders in Melbourne this week to discuss options for constitutional reform before a series of regional meetings, which will be conducted over the next 12 months.

A number of Indigenous leaders have advocated abandoning the recognition process in favour of pushing for a treaty. Guardian Australia understands a majority of people at the Melbourne meeting supported a treaty as the ultimate goal, with some believing constitutional recognition was the best path to securing a treaty.

The proposal for constitutional recognition is yet to be finalised, but the Referendum Council has said it should include a formal preamble acknowledging that Aboriginal and Torres Strait Islander peoples are the first Australians; removing racist provisions in the constitution including section 25 and section 51(xxvi); inserting a new constitutional provision against racial discrimination; and creating an Indigenous parliamentary advisory body.

McAvoy, who attended the Melbourne meeting, said people wanted to see a “substantial change” in the relationship between Indigenous peoples and the government, and were beginning to view the referendum process as a “signpost along the path to something more substantial”.

“It seems to me that there’s a recognition that constitutional reform, at least that which is presently on the table, is not going to lead to a change in the fundamental relationship,” he said. “People, I think, accept that the appropriate mechanism to drive a different relationship is a treaty or treaties.”