The Indigenous World 2024: Australia

Written on 25 March 2024. Posted in Australia

As of 30 June 2021, there were 984,000 Aboriginal and Torres Strait Islander people, representing 3.8% of the total Australian population.^[1] The most recent available data from the Australian Bureau of Statistics indicates that, among Indigenous Australians, 38% (337,400) live in major cities and 18% (154,900) live in remote and very remote areas combined. The proportion of the total population who were Indigenous increased with remoteness, from 1.8% in major cities to 32% in remote and very remote areas.

The Aboriginal and Torres Strait Islander population had a younger age structure than the non-Indigenous population, with both larger proportions of young people and smaller proportions of older people. This reflects higher birth rates and lower life expectancy in the Aboriginal and Torres Strait Islander population compared with that of the non-Indigenous population. One-third (33.1%) of Aboriginal and Torres Strait Islander people were aged under 15 years compared with 17.9% of non-Indigenous people in the same age group. People aged 65 years and over comprised 5.4% of the Aboriginal and Torres Strait Islander population compared with 17.2% of the non-Indigenous population. Aboriginal and Torres Strait Islander peoples are vastly over-represented in the Australian criminal justice system, with 2,481 prisoners per 100,000 Indigenous people –15 times greater than for the non-Indigenous population.

The National Agreement on Closing the Gap (the National Agreement) has 17 national socio-economic targets across areas that have an impact on life outcomes for Aboriginal and Torres Strait Islander people. In 2023, four of these targets were on track to be met, seven showed improvement but were not on track, four were worsening, and four had not recorded any additional data since their baseline years.^[2]

There are approximately 3,000 Aboriginal and Torres Strait Islander corporations registered under the federal corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act), including 186 registered native title land-holding bodies. This does not include a large number of businesses run by Aboriginal and Torres Strait Islander people, of which there are around 12,000-16,000.

There is currently no reference to Aboriginal and Torres Strait Islander peoples in the national Constitution. In 2009, Australia formally endorsed the UN Declaration on the Rights of Indigenous People (UNDRIP).

This article is part of the 38^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous man harvesting quinoa in Sunimarka, Peru. This photo was taken by Pablo Lasansky, and is the cover of The Indigenous World 2024 where this article is featured. Find The Indigenous World 2024 in full here

The Voice Referendum

As a result of decades of campaigning for constitutional recognition, in 2017 Aboriginal and Torres Strait Islander people travelled from all over Australia and came together at Uluru to develop and agree on the Uluru Statement of the Heart, which called for voice, treaty, truth and recognition of Aboriginal and Torres Strait Islander people in the Australian constitution.^[3]

On 14 October 2023, Australians voted in a key referendum. This was the first Australian referendum of the 21^st century. The referendum was to decide whether changes to the Constitution were to be made that would recognise the First Peoples of Australia. It would do so by establishing a body called the Aboriginal and Torres Strait Islander Voice.

On 23 March 2023, the Prime Minister announced the question that was to be put to the Australian people in the 2023 referendum. That question was:

• To add a proposed Law to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
  • The Australian people were asked, “Do you approve this proposed alteration?”

The referendum question and the constitutional amendment were settled through consultation with the First Nations Referendum Working Group.^[4]

Unfortunately, the referendum did not pass. 60.6% of the Australian population voted against the proposed changes. Australian constitutional law requires a majority of voters in at least four of the six Australian states to vote in favour of any proposed constitutional change. The Australian Capital Territory (ACT) was the only jurisdiction that voted in favour of the changes. The Northern Territory also voted against enshrining a Voice to Parliament in the constitution, rejecting an idea that was formally requested by Indigenous leaders at Uluru in 2017. Nevertheless, the results show that voters in the territory's Indigenous remote communities voted heavily in favour of the referendum. The votes in the Territories were counted as part of the nationwide overall count but the Territories do not count as part of the State majority count as they are not considered to be Australian states.^[5]

Despite this frustrating result, Aboriginal and Torres Strait Islander people are continuing the fight for justice, recognition and the change that is required in Australia. As of 31 December 2023, there was still no reference to Aboriginal and Torres Strait Islander peoples in the Australian Constitution.

Closing the Gap

The National Agreement on Closing the Gap targets includes wellbeing, culture, safety, health, education, employment, economic development, housing, justice and participation in decision-making.^[6] Challenges to achieving these targets do, however, continue.

Target 15 identifies that Aboriginal and Torres Strait Islander people maintain a distinctive cultural, spiritual, physical and economic relationship with their land and waters, including sub-targets of a 15% increase by 2030 in Indigenous legal rights to Australia’s landmass and interests in the sea.^[7]

As of 8 March 2023, the national assessment showed good improvement with the landmass sub-target and was on track to be met while only some improvement could be seen in the sea sub-target, which is still not on track to be met.^[8]

The Twelve Apostles

A national icon, the Twelve Apostles, is a collection of monolithic limestone stacks in the Southern Ocean, including a total of 8,578 km² of traditional lands. As of 2023, these were finally back in Aboriginal hands and with the peoples of the Eastern Maar nation. The Native Title claim was lodged by representatives from the Maar, Gunditjmara, Tjap Wurrung, Peek Whurrong, Keeray Whurrung, Kuurn Kopan Noot/Yarro waetch and Gulidjan/Gadubanud nations, part of the 156 interest groups.

The area includes more than 100 km of coastline and land from Penthurst in the west to Cape Paton in the east and north to the outskirts of Ararat.

The return of this land is Victoria's first Native Title determination in 10 years. The Federal Court, which assesses native title claims, will only recognise those that can display an unbroken continuation of culture dating back to pre-colonisation. This decision recognises the continued culture, strength and determination of the people of the Eastern Maar.^[9]

UN Human Rights Committee decision on Native Title

The UN Human Rights Committee (UNHRC) announced in 2023 that Australia had violated the cultural rights of Indigenous Peoples, namely the Wunna Nyiyaparli people of the Pilbara region of Western Australia.^[10] This is the first decision the UNHRC has made on the required procedure when governments are determining the interests of Aboriginal and Torres Strait Islander peoples in relation to Native Title in Australia and internationally. The UNHRC criticised the Federal Court of Australia and, while the decision is non-binding, it puts pressure on the government, particularly when it criticises other UN Member States on human rights and raises questions about the Native Title system in Australia.

The case of the Wunna Nyiyaparli people

The Wunna Nyiyaparli people lodged a Native Title claim in 2012 in the Federal Court, covering three iron ore mines controlled by some of Australia’s richest people. Due to a lack of funds, they had to take the decision to represent themselves in court in a procedure set up by the court that was not clearly understood by the Wunna Nyiyaparli people, and they thus were prohibited from making their own submissions or putting their own evidence forward, which put an end to their claim.

In 2019, however, they filed a grievance with the UNHRC and the case was determined in late September 2022 wherein the committee urged Australia to reconsider the claim, ensuring the Wunna Nyiyaparli people had effective participation in those proceedings, which are ongoing in 2023.

Pending this reconsideration, Australia is advised to refrain from activities that could detrimentally affect the people’s interests in their traditional lands. Additionally, there is a call to review mining concessions granted without their consent, provide adequate compensation for the harm endured, and reassess legal aid funding for native title matters.

Australia has been requested to respond to the UNHRC by February 2024.^[11]

Treaties

While there is work being conducted across Australia, with various agreements being signed related to land rights, native title, royalties and co-management of resources, no treaties have been finalised. Treaties are the embodiment of self-determination and involve three elements: recognition of Aboriginal and Torres Strait Islander peoples as polities; negotiation; and a settlement of claims that provides for Aboriginal and Torres Strait Islander self-government.

There are several treaties under development, although the State of Victoria is the most advanced in the treaty negotiation process.

Victoria marked a significant milestone in June 2022 by ensuring a fair and just treaty process for all Victorians with the establishment of an independent Treaty Authority. Progress throughout 2023 was positive with the First Peoples’ Assembly announcing support for a “Yes” result in the national Voice referendum. There was also an announcement of an AUD $138 million (approx. EUR 84 million) investment over four years by the Victorian government to support Treaty negotiations. The First Peoples' Assembly undertook its second Statewide election to elect a new representative Chamber and an independent Panel was established to appoint Members of the Treaty Authority.

The Yoorrook Justice Commission, established in 2021 (which looks into past and ongoing injustices experienced by First Peoples in Victoria) continues its nation-leading truth and justice inquiry. A report, “Yoorrook for Justice: Report into Victoria’s Child Protection and Criminal Justice Systems” was released in August 2023 and the truth and justice inquiry continues.^[12]

Formal Treaty negotiations are ongoing between the State and First Peoples negotiation parties, these negotiations will continue upon the establishment of the Negotiations Database by the Treaty Authority.^[13]

Anti-racism

While Australia is a multicultural society and multiculturalism is embraced by many, racism continues to be a major issue.^[14] Aboriginal and Torres Strait Islander people continue to experience racial prejudice, entrenched disadvantage and ongoing institutional racism.^[15]

The Call It Out Register, led by the Jumbunna Institute for Education and Research and the National Justice Project, plays an important role in combating racism nationwide, including by documenting instances of racism and discrimination experienced by Aboriginal and Torres Strait Islander peoples.^[16]

Its 2022-2023 report, “In Every Corner of Every Suburb”^[17] outlines that there were hundreds of reported incidences of racism received from people of various ages across the country who both experienced and witnessed racism in all aspects of their daily lives.

Political and legislative reform was identified as a priority in order to address this discrimination, which calls for the particular inclusion of First Nations Rights. A policy is required that has been developed by Aboriginal and Torres Strait Islander people themselves. The public need educating about racism in order to support change.^[18]

In a project conducted by the Australia Capital Territory (ACT) Human Rights Commission, together with the ACT Children and Young People’s Commissioner, these experiences of racism were identified and shared. The report “It Really Stabs Me” was released on Harmony Day 2023. ^[19] Aboriginal and Torres Strait Islander children and youth shared their experiences and stories about racism. One of the key findings of the project and the experiences shared was how pervasive racism is in every part of Australian society. This includes institutionalised racism in education, in public spaces, online and in sport. The voices of the children and youth also highlighted how adults often ignore, dismiss or enact racism against the victims when incidences are reported.

The project outcomes included several pathways by which to combat racism in the ACT, including by talking about racism and providing education, creating an ACT specific anti-racism campaign, proactively talking to children and young people about racism, and introducing more diverse perspectives and focus on Aboriginal and Torres Strait Islander peoples’ voices in the Australian curriculum. Anti-racism strategies and policies were also called for, together with a strategic review of legislation that effectively prevents and punishes racism, more regular celebrations of cultural diversity and achievements, improvements in reporting pathways and support for those who experience racism.^[20]

Pat Dodson announces retirement from federal politics

In November 2023, Pat Dodson, a proud Yawuru man from Western Australia, who is known as the father of reconciliation, announced his retirement from the Senate as of 26 January 2024.^[21] He first came to prominence as a commissioner on the Royal Commission into Indigenous Deaths in Custody and was appointed to the Senate in 2016 to represent Western Australia. Pat served on the Council of Aboriginal Reconciliation for many years and has been the government's special envoy for reconciliation in Australia and for implementation of the Uluru Statement from the Heart.

Pat has been a strong advocate and lifelong champion supporting Indigenous rights in Australia. He leaves a significant legacy for Indigenous Australians.^[22]

Belinda Kendall is a Worimi, Barkindji, Wailwan and Wiradjuri woman from NSW and a Director of Aboriginal enterprise Curijo Pty Ltd. Belinda’s studies and employment have primarily been in the human and community services, and the child, family, and adult education sector, with her passion being to improve the lives of, and outcomes for, Aboriginal and Torres Strait Islander peoples and all Australians through leadership and healing.

Bill Pritchard is a Wiradjuri man from NSW who has significant experience in public and community service and is committed to social justice, equity, and equality. Bill’s studies and experience have primarily been in the child, family and community sector holding senior positions including Board and CEO positions on national, state and community organisations. Bill’s focus is on equity for Aboriginal and Torres Strait Islander peoples.

This article is part of the 38^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous man harvesting quinoa in Sunimarka, Peru. This photo was taken by Pablo Lasansky, and is the cover of The Indigenous World 2024 where this article is featured. Find The Indigenous World 2024 in full here

Notes and references

^[1] Australian Bureau of Statistics. Estimates of Aboriginal and Torres Strait Islander Australians. June 2021, https://www.abs.gov.au/statistics/people/aboriginal-and-torres-strait-islander-peoples/estimates-aboriginal-and-torres-strait-islander-australians/jun-2021

^[2] Closing the Gap Information Repository – Productivity Commission, “Closing the Gap Annual Data Compilation Report July 2023.” 9 February 2024, https://www.pc.gov.au/closing-the-gap-data/annual-data-report/report.

^[3] “View The Statement – Uluru Statement from the Heart.” 28 August 2023. https://ulurustatement.org/the-statement/view-the-statement/.

^[4] “Referendum on an Aboriginal and Torres Strait Islander Voice.” National Indigenous Australians Agency. https://www.niaa.gov.au/indigenous-affairs/referendum-aboriginal-and-torres-strait-islander-voice

^[5] Australian Electoral Commission. 2023. National results. https://results.aec.gov.au/29581/Website/ReferendumNationalResults-29581.htm

^[6] Gately, Iain., and Belinda Kendall. “The Indigenous World 2023: Australia.” International Work Group for Indigenous Affairs, 2023. https://www.iwgia.org/en/australia/5143-iw-2023-australia.html

^[7] Closing the Gap Information Repository – Productivity Commission. 2023. “Aboriginal and Torres Strait Islander People Maintain a Distinctive Cultural, Spiritual, Physical and Economic Relationship with Their Land and Waters.” 11 April 2023. https://www.pc.gov.au/closing-the-gap-data/dashboard/socioeconomic/outcome-area15.

^[8] Idem

^[9] Butler, D., & Wales, S. “The Twelve Apostles are back in Aboriginal hands after Vic's first native title determination in 10 years.” NITV, 29 March 2023. https://www.sbs.com.au/nitv/article/the-first-victorian-native-title-in-10-years-has-put-the-twelve-apostles-back-in-blak-hands/fq9ghuo8p

^[10] UNOHCHR. 2022. “Australia Violated Torres Strait Islanders’ rights to enjoy culture and family life.” https://www.ohchr.org/en/press-releases/2022/09/australia-violated-torres-strait-islanders-rights-enjoy-culture-and-family

^[11] Morse, C., & Maxwell, R. “UN finds Australia in breach of human rights covenant.” National Indigenous Times, 7 January 2024. https://nit.com.au/08-01-2024/9234/un-finds-australia-in-breach-of-human-rights-covenant; SBS News. “Australia violated Indigenous peoples' human rights, UN says. What happens next?” 8 January 2024. https://www.sbs.com.au/news/article/australia-violated-indigenous-peoples-human-rights-un-says-what-happens-next/krw763bp0; Maxwell, R. “UN finds Australia in breach of human rights covenant.” The Canberra Times, 5 January 2024 https://www.canberratimes.com.au/story/8478035/un-finds-australia-in-breach-of-human-rights-covenant/

^[12] State Government of Victoria. 2023. “Advancing the Victorian Treaty Process 2022-23 Annual Report.” https://content.vic.gov.au/sites/default/files/2023-11/victorian-government-advancing-the-victorian-treaty-proces-2022-23-annual-report.pdf; Yoorrook Justice Commission. “Overview – Yoorrook Justice Commission.” Yoorrook Justice Commission, 23 January 2024. https://yoorrookjusticecommission.org.au/overview/

^[13] “Treaty Negotiation Framework,” Victorian Government - Australia, 28 October 2022. https://www.firstpeoplesrelations.vic.gov.au/treaty-negotiation-framework/part

^[14] What is Racism? (n.d.). Australian Human Rights Commission. https://humanrights.gov.au/our-work/race-discrimination/what-racism

^[15] Amnesty International. “Does Australia have a racism problem? - Amnesty International Australia.” Amnesty International Australia, 6 October 2021. https://www.amnesty.org.au/does-australia-have-a-racism-problem-in-2021/

^[16] The primary objective of the initiative is to provide evidence that supports Aboriginal and Torres Strait Islander leaders, organisations and advocates in developing effective tools and strategies. The goal is to address racism and discrimination systematically, promoting both cultural and systemic change through actionable recommendations.

^[17] Allison, F. Cunneen, C. and Selcuk, A. (2023). “In Every Corner of Every Suburb.” The Call It Out Racism Register 2022-2023, Sydney: Jumbunna Institute for Indigenous Education and Research, University of Technology Sydney. Available at: https://callitout.com.au/resources/

^[18] Idem

^[19] Fawcett, Amalia. “It Really Stabs Me: From Resignation to Resilience – Children and Young People’s Experiences of Racism in the ACT. A joint project by Curijo Pty Ltd, Multicultural Hub, and ACT Children and Young People Commissioner.” Canberra: ACT Human Rights Commission, 2023. hrc.act.gov.au/__data/assets/pdf_file/0003/2269830/It-really-stabs-me_2023.pdf.

^[20] Idem

^[21] Murphy, K. “Labor senator Pat Dodson to resign from politics due to health issues.” The Guardian. 28 November 2023. https://www.theguardian.com/australia-news/2023/nov/28/pat-dodson-wa-labor-senator-resigns-illness-cancer-treatment

^[22] Brennan, B. “Pat Dodson, a dignified diplomat, is a rare politician. He will leave behind a cavernous hole in Canberra.” ABC News, 29 November 2023. https://www.abc.net.au/news/2023-11-29/pat-dodson-retires-rare-politician-indigenous-leader/103164756

Tags: Land rights, Business and Human Rights , Autonomy , Cultural Integrity