The Times Australia
The Times World News

.

Is it ethical non-Indigenous people get to decide on the Voice? Is it OK for one group to have rights others don't? An ethicist weighs in

  • Written by Paul Formosa, Professor and Head of the Department of Philosophy, and Co-Director of the Macquire University Ethics & Agency Research Centre, Macquarie University

Australians will soon be asked to vote[1] on whether we should “alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice”.

Two philosophical concerns have been raised about this proposal.

First, is it appropriate for members of one group to decide what rights members of another group get? Why should non-Indigenous Australians get to decide if the First Peoples of Australia are granted an institutional Voice?

Second, is it appropriate to give members of one group rights that members of another group lack? Isn’t our system of government based on the idea we are all equal and therefore we should all have the same rights?

I’ll explore the ethical and philosophical basis of each question here.

1. Should one group get to decide for another group?

An analogy is often made[2] between the same-sex marriage plebiscite and the Voice referendum. Given evidence[3] about the harm the debate surrounding the same-sex marriage plebiscite had on the LGBTQIA+ community, it’s reasonable to ask whether that plebiscite should have occurred, given parliament could have legislated same-sex marriage without the plebiscite.

But despite the fact there are already reports[4] of mental harm to First Nations people, considerations of whether or not we need this public vote do not apply to the Voice. The Voice, as a form of constitutional recognition that many (but not all) Indigenous people are seeking, can only occur via a referendum.

And there is actually nothing unusual about citizens and their elected representatives making decisions about what rights and entitlements others have. This is the very nature of democracies.

But this raises a more fundamental tension within our liberal-democratic political system. The tension lies between the “liberal” element, which seeks to secure the rights and liberties of all individuals, and the “democratic” element, which seeks to enact self-rule by the people.

This tension generates a problem known as the “tyranny of the majority[5]”. This is where a democratic majority is able to violate the rights of a smaller minority.

In both the same-sex marriage and Voice votes, there is a large majority with the power to decide the rights of a minority.

Democracies typically guard against a majority mistreating a minority, in part, by enshrining foundational rights and liberties in a constitution that is difficult to change democratically.

This puts an imperfect, but practical, check on the exercise of that tyranny. The rights and entitlements set out in a constitution stipulate the fundamental terms of cooperation within a political community.

For example, the Australian constitution sets out that our political community is based around a Commonwealth with legislative, executive and judicial branches, as well as granting several explicit rights (such as the right to vote and the right to trial by jury) and implied rights (such as the freedom of political communication).

Enacting a constitutional change serves both a symbolic function, by expressing that something is part of the foundational framework of our political community, and a practical function of partially insulating it from changing democratic whims.

People holding up 'Vote no' signs
One argument against the Voice is that it would give one group something others don’t have. AAP/Richard Wainwright[6]

2. Should one group get something others don’t get?

This leads to the second issue, whether there is something undemocratic about members of one group having different rights to members of other groups.

But this is not necessarily problematic (although it can be).

Members who belong to one group, such as the citizens of Queensland, have rights that members of other groups, such as the citizens of New South Wales, do not have, such as being entitled to elect representatives to the Queensland parliament.

Something similar would apply to the Voice, with First Nations people having the right to elect members to the Voice that members of other groups would not have.

But surely not every group should have its own constitutionally enshrined Voice? On what basis should we grant the First Peoples of Australia such a right?

There are at least two obvious bases.

First, as a rectification of past injustices[7]. For example, if someone steals a painting from you, then you are entitled to have your property back or to receive restitution. This can apply cross-generationally.

If the Nazis stole your great grandfather’s painting, then you are entitled to have it returned to you or receive compensation if the painting emerges many years later, even if your great grandfather is long deceased.

First Nations people of Australia have suffered specific and significant injustices that other groups have not, such as the loss of sovereignty over their traditional lands, and they are therefore entitled to redress, which could (in part) take the form of a Voice.

The second basis is to rectify a specific disadvantage. As Canadian political philosopher Will Kymlicka[8] puts it:

we match the rights to the kinds of disadvantage being compensated for.

For example, Australians with a disability are entitled to certain rights, such as disability support, that members of other groups are not.

On a range of measures, from health to education and wealth, Australia’s First Nations people face significant disadvantages[9], and it’s therefore reasonable members of that group receive specific rights to counteract the specific forms of disadvantage they experience.

Read more: Your questions answered on the Voice to Parliament[10]

Neither of these questions are the important ones

In democracies, majorities are asked to vote on what rights a minority has and members of different groups can have different rights.

Rather than focus on whether a Voice would “divide us by race[11]”, we should focus (among other things) on the substantive issues of whether the proposed changes will be effective in helping to rectify past injustices or to counteract specific disadvantages, and whether any such changes should be embedded in our Constitution.

Inclusion in the Constitution would serve as an enduring expression of their foundational role in our political community, and would partially insulate them from democratic meddling.

Read more: 7 rules for a respectful and worthwhile Voice referendum[12]

References

  1. ^ vote (voice.gov.au)
  2. ^ analogy is often made (www.latrobe.edu.au)
  3. ^ evidence (www.tandfonline.com)
  4. ^ reports (www.blackdoginstitute.org.au)
  5. ^ tyranny of the majority (plato.stanford.edu)
  6. ^ AAP/Richard Wainwright (photos.aap.com.au)
  7. ^ rectification of past injustices (plato.stanford.edu)
  8. ^ Will Kymlicka (journals.sagepub.com)
  9. ^ significant disadvantages (humanrights.gov.au)
  10. ^ Your questions answered on the Voice to Parliament (theconversation.com)
  11. ^ divide us by race (www.abc.net.au)
  12. ^ 7 rules for a respectful and worthwhile Voice referendum (theconversation.com)

Read more https://theconversation.com/is-it-ethical-non-indigenous-people-get-to-decide-on-the-voice-is-it-ok-for-one-group-to-have-rights-others-dont-an-ethicist-weighs-in-213977

Times Magazine

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an online presence that reflects your brand, engages your audience, and drives results. For local businesses in the Blue Mountains, a well-designed website a...

September Sunset Polo

International Polo Tour To Bridge Historic Sport, Life-Changing Philanthropy, and Breath-Taking Beauty On Saturday, September 6th, history will be made as the International Polo Tour (IPT), a sports leader headquartered here in South Florida...

5 Ways Microsoft Fabric Simplifies Your Data Analytics Workflow

In today's data-driven world, businesses are constantly seeking ways to streamline their data analytics processes. The sheer volume and complexity of data can be overwhelming, often leading to bottlenecks and inefficiencies. Enter the innovative da...

7 Questions to Ask Before You Sign IT Support Companies in Sydney

Choosing an IT partner can feel like buying an insurance policy you hope you never need. The right choice keeps your team productive, your data safe, and your budget predictable. The wrong choice shows up as slow tickets, surprise bills, and risky sh...

Choosing the Right Legal Aid Lawyer in Sutherland Shire: Key Considerations

Legal aid services play an essential role in ensuring access to justice for all. For people in the Sutherland Shire who may not have the financial means to pay for private legal assistance, legal aid ensures that everyone has access to representa...

Watercolor vs. Oil vs. Digital: Which Medium Fits Your Pet's Personality?

When it comes to immortalizing your pet’s unique personality in art, choosing the right medium is essential. Each artistic medium, whether watercolor, oil, or digital, has distinct qualities that can bring out the spirit of your furry friend in dif...

The Times Features

How much money do you need to be happy? Here’s what the research says

Over the next decade, Elon Musk could become the world’s first trillionaire[1]. The Tesla board recently proposed a US$1 trillion (A$1.5 trillion) compensation plan, if Musk ca...

NSW has a new fashion sector strategy – but a sustainable industry needs a federally legislated response

The New South Wales government recently announced the launch of the NSW Fashion Sector Strategy, 2025–28[1]. The strategy, developed in partnership with the Australian Fashion ...

From Garden to Gift: Why Roses Make the Perfect Present

Think back to the last time you gave or received flowers. Chances are, roses were part of the bunch, or maybe they were the whole bunch.   Roses tend to leave an impression. Even ...

Do I have insomnia? 5 reasons why you might not

Even a single night of sleep trouble can feel distressing and lonely. You toss and turn, stare at the ceiling, and wonder how you’ll cope tomorrow. No wonder many people star...

Wedding Photography Trends You Need to Know (Before You Regret Your Album)

Your wedding album should be a timeless keepsake, not something you cringe at years later. Trends may come and go, but choosing the right wedding photography approach ensures your ...

Can you say no to your doctor using an AI scribe?

Doctors’ offices were once private. But increasingly, artificial intelligence (AI) scribes (also known as digital scribes) are listening in. These tools can record and trans...