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The 'Progressive No' Case - Treaty First

The 'Progressive No' Case

One of the critiques of the Voice proposal, that has been particularly significant in parts of the indigenous community, is that the Voice should be rejected because it is too modest a change. Their perspective is that the Voice is symbolic and will not bring about lasting change. 

​The 
Uluru Statement from the Heart emphasised three key elements - Voice, Treaty and Truth. Many of those who identify as part of the 'Progressive No' argue that the ordering of Uluru is wrong, and that Treaty should come first as the core of any future progress. For proponents, a treaty would establish Aboriginal sovereignty, guarantee land rights and open the possibility of reparations being paid to Aboriginal people for the impact of colonialisation.

Where the voice is advisory only, a treaty delivers a practical bundle of rights that can resurrect Aboriginal pride of place. Being a creature of the federal parliament, the influence of the voice is limited to Canberra

 Michael Mansell, Heather Sculthorpe and Maggie Walter on Voice, Treaty and Truth, published in The Mercury on Saturday, 21 January 2023
One of the leading proponents of the 'Progressive No' is independent senator for Victoria, Lidia Thorpe. A number of organisations, such as the Blak Sovereign Movement have also campaigned for this position. 

Key Resources

One of the leading organisations driving the 'Progressive No' case is the Blak Sovereign Movement , which describes itself as community of" First Nations Elders, activists, academics and community workers" reacting to what they see as the "racism of the conservative No campaign." They argue that the Voice is not even worth supporting as an interim measure:


The Voice debate is not just a waste of resources, it is a waste of your time and energy. 
Something that pretends to be a great change, but provides none, is not a step in the right direction. When something isn’t real it is not better than nothing. The Voice is nothing but cheap window dressing to constitutional recognition. 

​The Blak Sovereign Movement  has produced a number of resources outlining their position, including:
  • Detailed Outline of the Blak Sovereign Movement’s Position on the Referendum
  • Response to the Yes and No campaign cases
Another useful resource is the Treaty Before Voice campaign, run by the Brisbane Aboriginal Sovereign Embassy which similarly argues for self-determination and sovereignty before the establishment of a Voice to Parliament.​

Lidia Thorpe - National Press Club Address

Senator Lidia Thorpe is a Gunnai, Gunditjmara and Djab Wurrung mother, grandmother, activist, and politician. She is an Independent Senator for Victoria and was the first Aboriginal Senator from Victoria, and has been the leading national proponent of the 'Progressive No' case.
​

Thorpe Press Club Speech.pdf
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It's Time For Us To Mature As A Nation
Address to National Press Club of Australia, 16 August 2023
"This year, any debate on First Nations justice has been dominated by Constitutional Recognition and the Voice to Parliament while the voices of First Nations communities and grassroots activists have been silenced. Senator Lidia Thorpe will reflect on the history of the Blak Sovereign Movement and explain why this referendum is not a step in the right direction. It is time for all Australians to join First Peoples on a journey of truth-telling to resolve the unfinished business of invasion and colonisation in this country. Senator Thorpe will propose a new way forward that will bring peace and create a foundation for all people on this land to live in harmony with each other and Country." 

The position outlined in the above speech is usefully summarised in the following article:
  • Paul Gregoire, Thorpe Exposes Inconvenient Truths Suppressed by the Voice Debate at the Press Club (2023) Sydney Criminal Lawyers, 22/08/2023​

Further Resources

This following website is a useful resources for progressive no articles: 
  • ​Progressive Black dissent against the Voice to Parliament
See also:
  • Matt Garrick and Lillian Rangiah, ​Arnhem Land clan leader Reverend Djiniyini Gondarra plans to vote No to a Voice as treaty quest continues (2023) ABC News,  Thu 17 Aug 2023 
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  • Home
  • Legal Context
    • Understanding the Australian Constitution >
      • What is a Constitution?
      • The Australian Constitution
      • Changing the Constitution
      • History of Referendums
    • Courts and the Constitution
    • Legal Language
  • The Voice
    • Overview of the Voice >
      • The Referendum Question & Proposed Constitutional Amendment
      • Design Principles
      • Law Council of Australia - FAQs
    • Legal Impact of the Voice >
      • Legal Analysis by the Experts
      • Solicitor-General's Opinion
    • History of the Voice >
      • The Dialogues
      • The Uluru Statement
  • Case for Yes
    • Understanding the Yes Case
    • The Yes Pamphlet
    • Resources and Opinions on Yes >
      • Anderson - Addressing some Concerns about the Voice
      • Collins - Why the Voice Deserves Our Support
      • McIntyre - Be the Voice
  • Case for No
    • Understanding the No Case
    • The No Pamphlet
    • Resources and Opinions on No >
      • The 'Progressive No' Case
  • Resources
    • Video Resources
    • Audio Resources
    • Expert Explainers >
      • EE1: Twomey - The Yes/No Pamphlet
      • EE2: Perche - How a Referendum Works
      • EE3: Brennan & Appleby - The Uluru Statement History
      • EE4: Holland- Representative bodies in historical context
      • EE5: McDonald- Federalism and a First Nations Voice
      • EE6: Koch & Olijynk - The SA Voice
      • EE7: Jones - Lessons from Past Referendum
      • EE8 - Walker - The Impact of Foreign Money on the Referendum
    • Recommended Links
    • Digital Record
  • About
    • About the Project
    • Legal Literacy
    • About the Project Team
    • Supported by UniSA
    • Contact