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The Voice will sink Australia to be ruled by two powers: the Voice and the Commonwealth

By Dinesh Malhotra - posted Monday, 18 September 2023


In fact, Professor Asmi Wood – ANU who is on the Yes side has openly called for the federal parliament’s power to make laws for the Indigenous people to be taken away; he believes it is detrimental to Indigenous people.

In an article titled - Voice to Parliament would provide secure recognition, Prof Wood, among other things said:

… The constitutional power under section 51 (xxvi) that permits parliament to act detrimentally against Indigenous Peoples only must be rescinded so we can create a level legal playing field on race. Australia does not need the coercive ‘races power’ to regulate the three per cent of the population of Indigenous descent. Times have changed and the coercive powers of the past must be abandoned.

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Section 51 (xxvi) simply gives the parliament power to make laws deemed necessary for any special race, including our Indigenous people.

It is the same Section 51 (xxvi) which the 2010 Expert Panel also called to be abrogated.

Clearly, the supremacy of the legislative authority of the parliament is not accepted by some in the Indigenous intelligentsia.

Thus, in my view, the recognition is just a façade to have a constitutionally backed parliamentary body, the Voice, to commence the intended work on their land and water rights, compensation, and reparations through their framework of treaty or treaties and truth telling.

The benign narrative of the recognition of Indigenous people in our constitution was modified to be the recognition through the voice not without a reason.

Without commenting on the merits of the agenda of the yes camp, I believe Australians must know the full picture.

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They must know a lot will follow the Voice, which may affect them.

The legal conundrum:

We have been told the Voice will be an advisory body and may make representations to the Parliament and the Executive Government...

But we have not been told what the obligations of the parliament and the government will be, upon receipt of the advice.

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About the Author

Dinesh Malhotra is the contributing editor of Bharat Times, an Indian community publication based in Melbourne since 1997.

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