The Times Australia
The Times World News

.

Indigenous voices can be heard without being constitutionally enshrined, just look at the US

  • Written by Yancey Orr, Associate Professor of Environmental Science and Policy, Smith College
Indigenous voices can be heard without being constitutionally enshrined, just look at the US

It was always going to be a big ask for Australians to vote in favour of an Indigenous Voice to Parliament.

There’s been much said about the challenges posed by the double majority requirement[1].

In the wash-up, many are asking what the path to reconciliation is now.

Some answers may lay in other settler societies.

North American Indians provide an example of how representation can occur, without having to amend the constitution.

Change in the face of harsh laws

After 350 years of losing wars, land, and sovereignty, American Indians altered their approach to engaging with the federal government in the mid-20th century.

The National Congress of the American Indians (NCAI), a consulting organisation to the government, was central to this change.

Although American Indians could not alter their history, they did reverse its trajectory.

By the 1940s, they were about to face an era of government policies so harsh it is referred to as the Termination Period[2].

Read more: Native Americans have experienced a dramatic decline in life expectancy during the COVID-19 pandemic – but the drop has been in the making for generations[3]

Federal laws took away tribal rights once promised by treaties. Government programs tried to end American Indian communities through assimilation.[4][5]

In 1944, American Indians created the National Congress of the American Indians. Many of those involved had worked as government officials and had a good understanding of the system.

Despite its name, it can’t make laws, like the US Congress.

Rather, it is an organisation that lobbies and educates the government, like other industry and special interest groups.

Three American Indian children in traditional dress dance in a circle
Because of the work of the National Congress of American Indians, Indigenous Americans are served better by hundreds of programs and millions of dollars in funding. thaths/flickr, CC BY-NC[6][7]

Changing the trajectory

Remarkably, by the late 1960s, through the National Congress of American Indians’ efforts[8], American Indians had not only survived, but the Termination Period had given way to tribal self-determination.

The National Congress of American Indians advocated for legislation such as:

School enrolments expanded, services increased, and education and health programs[9] brought the highest quality of life many communities had known.

In improved tribal schools[10], children can now learn both English and their Indigenous language[11].

Read more: If there is to be any healing after the Voice referendum, it will be a long journey[12]

Healthy foods, grown by tribes[13], are making a comeback on reservations that were once rural food deserts.

Of course, there’s a lot more progress still to be made. American Indian men have the lowest average life expectancy[14] of any ethnic group in the US. Issues with addiction, unemployment and trauma still loom large.

And American Indians remain displaced, having lost 99% of their ancestral lands[15] over time.

But compared to the situation 80 years ago, we’ve come a long way.

Progress in real time

My tribe describes the transformation of this period in a short story.

In the 1970s, our tribe had the following items in our posession: a trailer, a desk, and the phonebook sitting on top of it.

Our numerous ventures now contribute[16] one billion Australian dollars to the regional economy.

We run clinics, house elders, provide daycare, and our youth thrive in schools and careers.

We were able to build on the momentum created by the National Congress of American Indians and take control of our future.

The Congress focuses on policy. It mainly employs experts who research proposals, suggest changes to legislation, meet with government representatives, and provide reports to the public.

Because of their work, American Indians are served better by hundreds of programs and millions of dollars in funding.

The National Congress of American Indians does this without being enshrined in the constitution.

In their nearly 80 years, the organisation has built social capital and credibility.

Because it’s so trusted, it secures funding from tribes, corporations, and government agencies. With yearly financial surpluses[17], it has set aside millions of dollars in assets to safeguard its future.

A voice in a different form

There has been a long history of trying to establish Indigenous representation at the federal level in Australia.

Most recently in 2009, Aboriginal communities established the National Congress of Australia’s First Peoples.

It was disbanded in 2019[18] after years of under-funding.

It’s hardly surprising a key lesson its leaders learnt was the need for stable funding. Being written into the constitution was seen as the way to get this.

The rationale is understandable, but amending a country’s constitution is a strong measure.

Read more: 'Lies fuel racism': how the global media covered Australia's Voice to Parliament referendum[19]

Perhaps constitutional change was too big a logistical and psychological issue for the public to accept. A body like the National Congress of American Indians could be the alternative.

It would require long-term, bipartisan funding. The political appetite for such a plan is unclear.

But financial certainty could enable Aboriginal people to provide essential consultation and help train future leaders.

It may also prove more palatable for voters across the political spectrum.

In North America, such a lobbying and policy organisation has helped ensure much better outcomes for its Indigenous people.

With the right support, the same could be achieved in Australia.

References

  1. ^ double majority requirement (theconversation.com)
  2. ^ Termination Period (library.law.howard.edu)
  3. ^ Native Americans have experienced a dramatic decline in life expectancy during the COVID-19 pandemic – but the drop has been in the making for generations (theconversation.com)
  4. ^ Federal laws (www.archives.gov)
  5. ^ assimilation. (www.archives.gov)
  6. ^ thaths/flickr (www.flickr.com)
  7. ^ CC BY-NC (creativecommons.org)
  8. ^ efforts (nit.com.au)
  9. ^ health programs (www.ncbi.nlm.nih.gov)
  10. ^ improved tribal schools (www.jstor.org)
  11. ^ Indigenous language (www.ncnalsp.org)
  12. ^ If there is to be any healing after the Voice referendum, it will be a long journey (theconversation.com)
  13. ^ grown by tribes (www.csmonitor.com)
  14. ^ life expectancy (theconversation.com)
  15. ^ 99% of their ancestral lands (environment.yale.edu)
  16. ^ contribute (www.potawatomi.org)
  17. ^ financial surpluses (www.ncai.org)
  18. ^ disbanded in 2019 (www.canberratimes.com.au)
  19. ^ 'Lies fuel racism': how the global media covered Australia's Voice to Parliament referendum (theconversation.com)

Read more https://theconversation.com/indigenous-voices-can-be-heard-without-being-constitutionally-enshrined-just-look-at-the-us-215810

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...

Troubleshooting Flickering Lights: A Comprehensive Guide for Homeowners

Image by rawpixel.com on Freepik Effectively addressing flickering lights in your home is more than just a matter of convenience; it's a pivotal aspect of both home safety and en...

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...

Why You’re Always Adjusting Your Bra — and What to Do Instead

Image by freepik It starts with a gentle tug, then a subtle shift, and before you know it, you're adjusting your bra again — in the middle of work, at dinner, even on the couch. I...

How to Tell If Your Eyes Are Working Harder Than They Should Be

Image by freepik Most of us take our vision for granted—until it starts to let us down. Whether it's squinting at your phone, rubbing your eyes at the end of the day, or feeling ...