Greens senator Lidia Thorpe has declared she will oppose a constitutionally enshrined Indigenous Voice to Parliament without an iron-clad guarantee that First Nations sovereignty won't be ceded.
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Senator Thorpe has told her colleagues that she is prepared to vote against legislation to hold a referendum on the Voice, even if the Greens eventually decide to back it.
Her decision clears the path for Adam Bandt and his colleagues to defy their First Nations spokeswoman and support the Voice.
The Greens are yet to finalise their stance as they try and push the Albanese government to progress the other elements of the Uluru Statement from the Heart - treaty and truth-telling.
Given her role, Senator Thorpe's public criticisms of the Voice in recent months have created confusion around the party's official position, fuelling speculation that the Greens might oppose it.
The Greens held a virtual party room meeting on Wednesday, where the Victorian senator laid out the terms for her support of the Voice.
Senator Thorpe has previously questioned if enshrining a Voice to Parliament in the constitution would cede First Nations sovereignty.
The Albanese government has rejected that suggestion, but Senator Thorpe isn't satisfied and said Labor needed to be "explicit".
Unless she is satisfied with its assurances, she will vote against legislation to hold the referendum.
Under party rules, Greens members are allowed to break ranks and vote differently to the rest of their colleagues.
But it is extremely rare and members must inform their colleagues at the earliest possible opportunity,
The Canberra Times understands Senator Thorpe won't automatically lose the First Nations portfolio if she splits from the party's final position.
"It would take a lot for me to change my personal and long held view that I don't think First Nations justice will come from being written into the coloniser's constitution," Senator Thorpe said in a statement.
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"Labor has asserted through our negotiations that sovereignty isn't impacted. It's not enough. It needs to be explicit."
Greens acting leader Mehreen Faruqi said she appreciated Senator Thorpe being upfront about her position.
Senator Faruqi said the Greens would meet early next month to continue talks about their "collective position" on the referendum.
"The Greens want the best possible outcome and we believe we have a responsibility to continue to apply constructive scrutiny to the government's plan," she said.
"We will therefore not be making a party room decision until negotiations with the government have concluded.
"The Greens want to see progress on all aspects of the Uluru Statement - Truth, Treaty and Voice."