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Valerie ~ The cases for and against an Aboriginal and Torres Strait Islander Voice

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Valerie ~ The cases for and against an Aboriginal and Torres Strait Islander Voice

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- Proposal would see an additional chapter added to the constitution --> acknowledge Indigenous Australians as the First Peoples of Australian and create an advisory body called a Voice to give advice to the government on laws and policies that affect them
Yes --> recognition for First Nations people in the constitution

Aboriginal and Torres Strait Islander people should have a say on matters that affect their lives

representative body on laws and policies that affect First Nations people

permanent body that can't be removed without another referendum

symbolism of recognition with tangible actions in the form of an advisory body

No --> backed by conservative lobby group Advance under the banner of "Australias for Unity", supported by spokespeople Warren Mundine and opposition spokesperson for Indigenous Australians Jacinta Mapijinpa Price

concerns about division, legal challenges and 'the unknown'

'divisive' between Indigenous Australians and the broader population

not wanting to see the constitution change because they believe it could create the opportunity for legal challenges in the high court

Supporters of the progressive No believe the Voice proposal doesn't go far enough because the body will be advisory only and has no independent power or veto over the parliament, and they don't want Indigenous Australians to be inserted into the constitution, which some see as an invalid colonial document.

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October 14 is the date Australians will be heading to the polls to vote either yes or no to establishing an Aboriginal and Torres Strait Islander Voice in the constitution.

October 14 has been announced as the date for the referendum on an Indigenous Voice

Yes and No campaigns have established arguments for and against the proposal

Both campaigns will spend the next six weeks travelling the country canvassing for votes

The proposal would see an additional chapter added to the constitution, acknowledging Indigenous Australians as the First Peoples of Australia and creating an advisory body called a Voice to give advice to the government on laws and policies that affect them.

There are established Yes and No campaigns that will now spend the next six weeks traversing the country, trying to persuade voters to get behind their side of the debate.

The case for Yes

The case for a Yes vote at the referendum boils down to two simple concepts: respect and recognition.

The Yes camp wants recognition for First Nations people in the Constitution, saying it's no longer acceptable for Australia to be one of the only colonised countries in the world that does not recognise Indigenous people in its founding document.

Supporters say the current state of Indigenous affairs and policymaking cannot continue and that to change things, Aboriginal and Torres Strait Islander people should have a say on matters that affect their lives.

For better and more consistent policymaking, they say governments should have to consult with a representative body on laws and policies that affect First Nations people.

Their proposal for both recognition and respect is an enshrined Voice, meaning a permanent body that can't be removed without another referendum.

The Yes camp says the Voice is a way of combining the symbolism of recognition with tangible action in the form of an advisory body.

Multiple different groups are working together to try and get a Yes vote over the line at the referendum, and many people involved in the campaign have been working for years to try and get Indigenous recognition on the national agenda.

They include the Uluru Dialogues - which is the group of people who came up with the Uluru Statement from the Heart that puts forward the Voice, Treaty and Truth proposal. Spokespeople include Professor Megan Davis, Aunty Pat Anderson and Noel Pearson.

There is also the official campaign outfit Yes23, the federal government led by Prime Minister Anthony Albanese, and all of the state and territory governments and their leaders.

The Yes camp has also gathered thousands of volunteers across the country who participate in grassroots campaigning - doorknocking, town hall meetings and community events, as well as the support of some of the most recognisable organisations in the country, including the AFL, NRL, QANTAS, Telstra and the Commonwealth Bank.

The case for No

The main No campaign is backed by conservative lobby group Advance under the banner of "Australians for Unity", supported by spokespeople Warren Mundine and opposition spokesperson for Indigenous Australians Jacinta Nampijinpa Price.

Other prominent supporters of the No case include the federal opposition, including Liberal Party leader Peter Dutton and Nationals leader David Littleproud.

Mr Dutton has said he would support a measure in the constitution that recognises Indigenous Australians, but not one that creates an advisory body enshrined in the constitution.

That leaves the Liberals at odds with their Coalition partners, with Mr Littleproud refusing to tie his party to that policy to date.

The Australians for Unity No campaign has three key arguments against the Voice: concerns about division, legal challenges and the unknown.

They see the Voice as "divisive" between Indigenous Australians and the broader population.

Supporters of the No case also say they don't want to see the constitution changed because they believe it could create the opportunity for legal challenges in the high court.

Some No campaigners have also said they want to see the legislation that would govern the Voice before Australia votes on whether to create it.

There is also a secondary No case, referred to as the "progressive" No, championed by independent senator Lidia Thorpe and the Black Sovereign Movement she represents in parliament.

The progressive No doesn't support the Voice proposal but has different reasons than the mainstream No campaign.

Supporters of the progressive No believe the Voice proposal doesn't go far enough because the body will be advisory only and has no independent power or veto over the parliament, and they don't want Indigenous Australians to be inserted into the constitution, which some see as an invalid colonial document.

The "progressive" No platform also calls for action on Treaty ahead of the Voice, because they believe that process could do more to improve the lives of Indigenous Australians.

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What do Yes and No supporters argue about the Voice to Parliament?

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With the date set for a vote on the Voice to Parliament, take a refresher on what proponents and opponents of the referendum proposal are arguing.

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Noah - With the Voice referendum contest so close, the campaign ahead will be crucial — but very different to an election

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Noah - With the Voice referendum contest so close, the campaign ahead will be crucial — but very different to an election

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The article discusses the differences between a referendum campaign and an election campaign, focusing on the upcoming Australian referendum regarding a constitutionally-enshrined Indigenous Voice to Parliament. In the context of socially valued resources:

Housing: The article indirectly references the importance of stable living conditions and equitable access to representation for Indigenous Australians, which are intertwined with the referendum's objectives.

Education: While not directly addressed, the referendum highlights the significance of awareness, understanding, and informed decision-making among the public regarding Indigenous issues.

Healthcare: The article does not directly touch on healthcare, but the referendum's outcome could impact the broader social and political landscape affecting Indigenous health and well-being.

Technology: The article doesn't specifically mention technology, but the referendum's campaigns might leverage various communication technologies to spread awareness and engage the public.

Justice System: While not the central focus, the article indirectly touches on justice issues concerning Indigenous rights, representation, and the broader social implications tied to the referendum.

Employment: The article doesn't discuss employment directly, but the outcome of the referendum could have implications for Indigenous engagement, empowerment, and opportunities.

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The differences between a referendum and an election help explain why the Voice’s Yes camp is so confident

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Whichever way the referendum goes, there will be enormous ramifications for reconciliation and Indigenous advancement. There will be political consequences felt all the way to the next election — and the next six weeks absolutely matter, writes David Speers.

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Noah - Rate of First Nations youth homelessness at a high on Youth Homelessness Matters Day

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Noah - Rate of First Nations youth homelessness at a high on Youth Homelessness Matters Day

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This provided article discusses the issue of youth homelessness among First Nations people in Australia, highlighting the challenges they face within the housing system. Key points include:

1. Statistics and Disparities: Recent data from the Australian Institute of Health and Welfare (AIHW) reveals that 30% of unaccompanied homeless children and young people seeking homelessness services are Indigenous. The rate of homelessness is 10 times higher for First Nations individuals compared to non-Indigenous Australians.

2. Housing System Challenges: The article suggests that the housing system is not adequately designed to support Aboriginal people, contributing to the high rates of homelessness among First Nations youth. The discriminatory nature of the housing system is cited as a factor leading to vulnerable young people being homeless.

3. Age and Gender Breakdown: Of the total First Nations people experiencing homelessness in the country, a significant number are under 12 years old or aged from 12 to 18 years. Domestic violence is identified as a key driver of homelessness for First Nations women and children.

4. Programs and Advocacy: Efforts such as the Aboriginal and Torres Strait Islander Tenant Advocate Program aim to provide culturally appropriate housing advice to First Nations individuals and families. These programs focus on building relationships and ensuring secure housing.

5. Challenges and Solutions: Funding for programs like the Tenant Advocate Program is crucial, as culturally appropriate and independent housing advice has not been widely accessible to Aboriginal and Torres Strait Islander people. The VPTA emphasizes the need for sustained efforts over time, given the complexity and generational nature of the issue.

6. Impact of Bail Laws: The article highlights that Victoria's bail laws, implemented in 2018, have contributed to the homelessness of First Nations young people. Women, often mothers, who lack a fixed address can be denied bail, potentially leading to more children being placed in out-of-home care and facing an increased risk of homelessness.

7. Advocacy for Strategy: Both the Aboriginal Housing Victoria and the Aboriginal Housing and Homelessness Forum call for the creation of a targeted and standalone Child and Youth Homelessness and Housing Strategy at the federal level.

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Rate of First Nations youth homelessness at a high on Youth Homelessness Matters Day

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Recent data from the Australian Institute of Health and Welfare shows 30 per cent of unaccompanied homeless children and young people presen…

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Liz - Digital divide affecting remote indigenous communities and families

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Liz - Digital divide affecting remote indigenous communities and families

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Mornington Island, Queensland has about 1,200 residents, and is slated to receive a major upgrade under the Regional Connectivity Program sometime soon, but families were unaware of when this would happen.

The residents have poor quality mobile and broadband services, and few options. The island’s only mobile network, Telstra 4G, is concentrated on the township of Gununa and is prone to congestion and outages.

The families that were spoken to use their mobile phones almost exclusively to make calls and access the internet.
In many cases, devices are shared between several family members, and data is shared via hot spotting when someone runs out

The families spoke of a gap between young people who quickly learn how to use technology and Elders who aren’t as savvy online.

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It's well understood that the digital divide disproportionately affects people living in regional Australian communities. Remote Aboriginal communities in particular are among the most digitally excluded, yet there is little research looking at how these families experience digital inclusion.

Our research project, Connecting in the Gulf, shares stories directly from Aboriginal families living on Mornington Island, off the coast of Queensland in the Gulf of Carpentaria. Our full report is published online.

Working with the community, we developed a research method called "show and yarn" in which families showed us their devices and yarned about their experiences of digital inclusion.

Yarning is an Indigenous way of sharing knowledge. It was an important aspect of our work, since better outcomes are achieved when Indigenous people have a say in the design and delivery of policies, programs and services that affect them.

How do families living remotely connect?

Mornington Island residents have poor quality mobile and broadband services, and few options. The island's only mobile network, Telstra 4G, is concentrated on the township of Gununa and is prone to congestion and outages.

The other main digital services are:

a free community wifi spot in Gununa with a 100-metre radius

a few solar-powered and satellite-enabled outstation phones placed across the island

the option to purchase NBN satellite plans from certain providers.

The island, which has about 1,200 residents, is slated to receive a major upgrade under the Regional Connectivity Program sometime soon, but families were unaware of when this would happen.

Read more: Digitising social services could further exclude people already on the margins

Extending a culture of sharing

The families we spoke to told us they use their mobile phones almost exclusively to make calls and access the internet.

In many cases, devices are shared between several family members, and data is shared via hotspotting when someone runs out. This is reflective of a broader culture of sharing, but can also be a source of conflict.

As one community member told us:

I hear a lot of people [...] On Facebook, my mother is talking about hotspotting, they are sick of hotspotting [...] I've got no data because we've got to hotspot for them [...] If someone wants to use the internet to do a bank transfer, they'll come up and ask.

Although families can purchase contract-based satellite internet connections, they spoke of poor past experiences, and a fear of being locked into contracts. They expressed that they would rather rely on prepaid credit than risk going into debt.

Interviewees also preferred to use data in their own homes despite the free community wifi spot, reflecting a family-oriented way of being.

Digital literacy is a challenge and opportunity

The families spoke of a gap between young people who quickly learn how to use technology, and Elders who aren't as savvy online. We heard stories of young people pestering family members for online passwords and hotspots, and then using and/or sharing these with other people without permission.

As one person explained:

Some family members do feel like you're taking advantage of them at times, when they feel like 'Oh, I should share'. And it's the same way with the banking, with the money. They'd feel like they're obligated to share.

They also described how limited and unreliable mobile phone reception and coverage was impacting cultural activities.

For instance, phone reception stops just out of town and doesn't cover most of the land and sea of the island. Sick and elderly people with safety concerns are scared to leave the township for activities out on Country.

One Elder suggested more young people would go out for cultural activities if outstations had better phone and internet coverage:

I think it'll make them happy and have that pride in being out on their own land [...] Whether it's newborn turtle, or crab, fish, and them showing it off and it'll give them that self-pride and happiness [...] 'This is what I caught' - and they'll show more than one family (on Facebook).

What's being done about the digital divide?

In January, the federal government established a First Nations Digital Inclusion Advisory Group to accelerate progress towards Closing the Gap targets. An Indigenous Digital Inclusion Plan is also being developed, with contributions from key stakeholders. Both of these developments are promising.

Boosting infrastructure in remote Aboriginal communities is not favourable for profits, given the small number of residents. Yet it's essential for ensuring these families feel safe, that they can continue cultural practices, and access the many employment, health and education benefits of being online.

Most of all, we must listen to Indigenous voices and work with these communities to improve speed, reliability and access to services. Organisations such as InDigiMOB are working hard to achieve this.

Read more: Digital inequality: why can I enter your building - but your website shows me the door?

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For remote Aboriginal families, limited phone and internet services make life hard. Here's what they told us

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Families living on Mornington Island have to make compromises due to a lack of digital services - including missing out on cultural activities on Country .

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Attendance rates at schools in the Northern Territory are continuing to decline.

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Kelly- MK Turner Report calls for establishment of First Nations education system for Indigenous kids

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Kelly- MK Turner Report calls for establishment of First Nations education system for Indigenous kids

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*The MK Turner Report recommends the government establishes a new First Nations education system.

*The principal at an Aboriginal-controlled school in Alice Springs wants to see more Indigenous staff at the front of the classroom.

*The NT Education Minister says her department is already working to make the system conducive to First Nations needs.

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Shannon Kennedy says a housing support program saved his life.

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Kelly- Calls to extend Aboriginal housing program to stop people 'falling through the cracks'

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Kelly- Calls to extend Aboriginal housing program to stop people 'falling through the cracks'

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*The Victorian Public Tenants Association is urging the state government to renew funding for an Aboriginal housing support program.

*The Victorian Public Tenants Association (VPTA) has urged the state government to renew funding for a pilot program that has helped Aboriginal Australians avoid homelessness.

*First Nations people are 15 times more likely to experience homelessness than the rest of the population

"In Victoria, 40 per cent of our Aboriginal and Torres Strait Islander communities are living in some kind of social housing, compared with 3 to 4 per cent of people in [the rest of the] population." - Katelyn Butters

*The Andrews Labor government provided $5.3 million to kick-start initiatives, including an Aboriginal-specific Private Rental Assistance Program, in 2020.

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Kimi - Traditional Indigenous practices are being disrupted by the NSW government, which is excessively prosecuting Aboriginal fishers. This is distinctly furthering Indigenous Australians' exclusion in relation to the justice system, employment, and cultural education. 

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Kimi - Traditional Indigenous practices are being disrupted by the NSW government, which is excessively prosecuting Aboriginal fishers. This is distinctly furthering Indigenous Australians' exclusion in relation to the justice system, employment, and cultural education. 

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- Indigenous Australians are being prosecuted for abalone fishing by the NSW government. However, no review of Aboriginal cultural fishing or any fishery in NSW has identified this practice as having a negative impact on marine resources.
- The AIATSIS study found that "taking children fishing is necessary for their cultural education."
- It similarly found that "Many participants felt that cultural fishers were needlessly overregulated. To them it seemed hypocritical for Fisheries [NSW] to focus on the compliance of the small number of cultural fishers, and for them to be characterised as threats to the marine environment, when their total take pales in comparison to that of the commercial fisheries."

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The NSW government needs to stop prosecuting Aboriginal fishers if it really wants to Close the Gap

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There is a contradiction between the New South Wales government’s plan for Closing the Gap and its persecution of Aboriginal people who want to maintain their saltwater culture.

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Kimi - The nature of Aboriginal persons with cognitive disabilities being over-policed promotes discriminatory practices, worsening their access to culturally-responsive healthcare. 

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Kimi - The nature of Aboriginal persons with cognitive disabilities being over-policed promotes discriminatory practices, worsening their access to culturally-responsive healthcare. 

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- Oftentimes, during crises involving Aboriginal people with mental and cognitive disabilities, police are the first and only service to arrive at the scene (there is a sheer lack of culturally-responsive alternatives).
- This is problematic as police have little training in this field, and often don't recognise that someone has an intellectual disability.
- A plethora of Aboriginal persons surveyed in this study noted that a history of Indigenous Australians with intellectual disabilities offending (often as a result of their intellectual disability) has been used by police officers to justify the hyper-surveillance of this group.
- Aboriginal people surveyed in this study expressed their distaste towards the stark contrast between high levels of funding for police in their communities and a lack of funding for Aboriginal community-based mental health and disability services.

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Aboriginal people with disabilities get caught in a spiral of over-policing

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Police have become the default frontline response to Aboriginal people with mental and cognitive disabilities, setting this group up for a lifetime of ‘management’ by the criminal justice system.

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concerns regarding the accessibility of information about the proposed Voice to Parliament in Australia.

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concerns regarding the accessibility of information about the proposed Voice to Parliament in Australia.

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The article talks about a plan called the "Voice to Parliament" in Australia. This plan aims to let Indigenous Australians share their opinions about laws and rules that impact them. However, people are confused about how it works. They say the plan needs to be explained better so that everyone, especially Indigenous communities, can understand it and decide if they support it or not. YA

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A First Nations man, who is Deaf, says he only just learned about the Indigenous Voice to Parliament, and advocates fear an entire cohort of Australians are being left out of the discussion.

Leslie Footscray says he was unaware of the Voice referendum until last month

He fears other Deaf Australians are missing out on important information about the vote

Advocates say access for Deaf people has been poor ahead of the referendum being called

Leslie Footscray told the ABC he saw a T-shirt in the crowd at an Indigenous dance festival last month, and asked his support worker to explain what it meant.

"I saw a person and they were wearing a shirt that had a picture on it that stated the word 'yes'," the Tjungundji man said.

"I didn't know anything about that".

The 47-year-old, who doesn't read, fears other Deaf people, including Indigenous Australians with hearing loss, might be in the same position.

He now plans to vote on the Voice when the time comes, but said he wanted to know more.

Mr Footscray uses cultural sign to communicate, which is different to Auslan.

"I want to have the information via an Indigenous interpreter to help me understand and translate the information," he said.

"Also, using Auslan would be good.

"My Deaf mob are in the same position, and they need to vote."

Do you have a story to share? Email Specialist.Team@abc.net.au

Wagadagam/Badhu woman Sue Millis-Frank is Mr Footscray's support worker and can "code switch" between Auslan and Indigenous signing.

She was shocked that government referendum material had not been translated.

"COVID brought so much respect and so much was put in place, so much resource around that, so much media," Ms Millis-Frank said.

"Here we have a referendum, there's almost nothing."

Hearing loss widespread in First Nations communities

According to recent ABS data, 43 per cent of First Nations Australians aged seven and above have hearing loss.

Ms Millis-Frank said she was worried the lack of accessible information for communities would have an impact on participation in the referendum.

"It is the government's responsibility to provide additional resources, more interpreters, more interpretation," she said.

"I'm worried about my Deaf mob, because they need to know."

First Nations woman Jody Barney, who is Deaf and has worked in regional and remote communities as a consultant for nearly 40 years, said Mr Footscray's case should raise big alarm bells.

"There's absolutely nothing for Deaf (people who use) Aboriginal sign language systems," the Birri-Gubba/Urangan woman said.

"We need to have (the communication) in regional, remote and very remote communities and that's not happening at the moment."

Over the years, Ms Barney has come into contact with 55 Indigenous languages throughout Australia and is fluent in 20 of them.

She said that for some Deaf people, receiving printed materials such as pamphlets or videos including captions was not accessible.

"Not everyone is fluent in English," she said.

Ms Barney has been working with various organisations to get information to remote communities in sign languages, but she wants governments to fund and distribute resources for the Deaf community before it's too late.

"What we need now is a blitz ... we need to create videos with accessible information that can be shared widely amongst the community," she said.

"If (people) have the information, then they can make an informed decision."

Access to interpreted information a wider problem

Advocates said the issue was not just confined to First Nations Australians who are deaf or hard of hearing, with a lack of translated information on big civic decisions an all-too-common oversight in Australia.

"The lack of accessible information in Auslan and Indigenous sign language around the Voice ... is really discriminatory," said Jen Blyth, the chief executive of Deaf Australia.

"I think it is quite scary for us as Deaf people and Indigenous Deaf people to vote for something that could actually create change and foundational law.

"What are we voting for?"

Brent Phillips, from services provider Deaf Connect, was pleased at the frequent use of Auslan interpreters during press conferences at the height of the COVID-19 pandemic.

But he said that since then, their use had been "inconsistent" and that there was no interpreter during the prime minister's announcement about the referendum.

"That was such a critical announcement and so important for the Australian society to be able to talk about it," Mr Phillips said.

"It's our right to access information, regardless of whether it's exciting, boring, important or life-threatening."

Mr Philips, who is also Deaf, said he wanted the approach to Auslan interpreting to be similar to that for culturally and linguistically diverse communities.

"(Auslan) should be part of the list of languages that the Australian government provides when they do share key information," he said.

AEC, government says videos will be available soon

The Australian Electoral Commission has told the ABC that Auslan videos would be made available during the referendum period covering practical information such as who had to vote, what to expect at a polling place and how to correctly complete a ballot paper.

"This product, and other accessible formats of communication that explain key referendum process information, will be available on the website progressively - as they become available from early September," the AEC said in a statement.

"As with our communication with other Australians with a disability, we will utilise external stakeholders to distribute this information to relevant audiences in an effective manner."

The AEC also said it will be providing video Auslan interpreting services at all polling places and early voting centres.

In a statement, a spokesperson from the office of Special Minister for the State Don Farrell said the government's 'Yes' campaign was "just getting started".

They said Auslan videos would be on the electoral commission website from September, and other accessible formats and language translations were already available.

If you're unable to load the form, you can access it here.

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A 'Yes' T-shirt is how this Deaf Indigenous man just found out about the Voice referendum

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A First Nations man who is Deaf says he learned about the Indigenous Voice to Parliament while attending a dance festival. Advocates say they are concerned about a lack of both Auslan and cultural sign language ahead of the referendum.

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Continuing questioning of a persons Aboriginality perpetuates exclusion and creates divisive perceptions of First Nations peoples

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Continuing questioning of a persons Aboriginality perpetuates exclusion and creates divisive perceptions of First Nations peoples

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* Peter Dutton, 2020 referred to AFP to investigate Bruce Pascoe, author's, Aboriginality - based on claim of Josephine Cashman (Aboriginal Businesswoman) who claimed he is falsely stating he is Aboriginal for financial profit (by his books)

* Cashman called for a government register to list Aboriginal people / define Aboriginality

* "Pascoe is best known for his groundbreaking 2014 bestseller, Dark Emu, which drew on evidence from historical records to show Aboriginal people farmed and prospered in large villages, upending previous assumptions about Indigenous Australia. "

* the far right elements of politics and media have opposed Pascoe's revisionism of Australian history (education)which defended Aboriginal culture / civilisation and sovereignty - including Andrew Bolt

* Jack Pascoe, Bruce's son, "“We stand by the identity of our family. The insinuation that my father has fabricated his heritage is hard to take because for him it’s an issue that has been part of the public discourse for 40 years.” "  >>> continuing exclusion and non Indigenous oppression of Aboriginal peoples by questioning their aboriginality

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The Australian federal police has received a complaint via the office of the home affairs minister, Peter Dutton, that accuses the acclaimed author and historian Bruce Pascoe of benefiting financially from incorrectly claiming to be Indigenous.

The allegation was made in a letter to Dutton by Aboriginal businesswoman Josephine Cashman, a critic of Pascoe who wants the government to set up a formal register to assess people's Aboriginality.

A federal police spokeswoman said it received the allegation on
Christmas Eve and was assessing it in accordance with standard protocols. It has not launched a formal investigation.

Bruce Pascoe is best known for his book Dark Emu, which drew on evidence from historical records to show Aboriginal people farmed and prospered in large villages. Photograph: Vicky Shukuroglou

The allegation became public after being published on page one of News Corp's the Weekend Australian.

A spokesman for Dutton said it was standard practice for the minister's office to forward allegations to relevant authorities to assess, and it was not a reflection of his or his staff's views on the issue.

Pascoe is best known for his groundbreaking 2014 bestseller, Dark Emu, which drew on evidence from historical records to show Aboriginal people farmed and prospered in large villages, upending previous assumptions about Indigenous Australia.

Dark Emu won a string of awards, inspired a range of projects and has been adapted into a dance performance, a children's book and an upcoming ABC TV series. It was named book of the year and won the Indigenous writers' prize at the 2016 New South Wales premier's literary awards, and Pascoe received the Australia Council award for lifetime achievement in literature in 2018.

Following his success, Pascoe and his work have been targeted by rightwing cultural campaigners, including News Corp's Andrew Bolt.

Pascoe identifies as of Tasmanian descent and Yuin by cultural law. Cashman, a member of the government's senior advisory group on the co-design of an Indigenous voice to government, has previously questioned Pascoe's Yuin ancestry on social media. She declined a request for an interview on Saturday but confirmed she had written to Dutton.

The minister for Indigenous Australians, Ken Wyatt, rejected her call for an investigation into Pascoe. Through a spokesman, Wyatt said a member of the advisory committee should not have made a formal complaint about the writer's Aboriginality.

"The minister does not believe this is appropriate," a spokesman said.

Wyatt has previously said he does not support a register to assess Aboriginality. Last year, he defended Pascoe in an interview on Sky News, saying: "If Bruce tells me he's Indigenous, then I know that he's Indigenous."

Pascoe has been fighting bushfires in east Gippsland and could not be reached on Saturday. His son, Jack Pascoe, said the fires had been burning on his father's property, that many of the writer's friends had lost their homes and one had been killed.

"Given the stress of the situation, our family is surprised by the timing of these allegations coming around again," Jack Pascoe said.

"We stand by the identity of our family. The insinuation that my father has fabricated his heritage is hard to take because for him it's an issue that has been part of the public discourse for 40 years."

Jack Pascoe, who is the conservation and research manager at the Conservation Ecology Centre in Cape Otway, said the complaint seemed to be driven by the push by Cashman and others for registry of Aboriginality.

"I'd prefer to be talking about how our traditional ecological knowledge could help mitigate damage from bushfires and reduce risk to communities rather than be talking about these distractions," he said.

Indigenous academic Marcia Langton, the co-chair of the advisory group, last year said on Twitter that Pascoe was collateral damage in a fight against the facts of Aboriginal history.

Cashman's push for a register was criticised on social media on Saturday.

That proposition is absurd but we as mob need 2 address ID business on our terms in our way...bc there r a whole lot of ppl discovering ancestry w/o ancestors & doing a whole lot of damage. They are authors academics artists bureaucrats commentators & all kinds of 'professionals'
- chelsea bond (@drcbond) January 11, 2020

The three pronged definition of Aboriginality has never been perfect, more in the implementation than the process itself, but a 'register of Aboriginal people' 'linked to existing Australian birth registration and native title genealogical records' is a fucking horrendous idea.
- Pearson In The Wind (@LukeLPearson) January 11, 2020

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Peter Dutton's office referred complaint accusing Bruce Pascoe of falsely claiming to be Indigenous to AFP

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Allegation about Dark Emu author was made in a letter to Home Affairs by Aboriginal businesswoman Josephine Cashman

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Valerie ~ Multimillion-dollar settlement for families of NT stolen generations approved by NSW court

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Valerie ~ Multimillion-dollar settlement for families of NT stolen generations approved by NSW court

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- $50m settlement compensation families of the stolen generation in NT approved by NSW court
- Robert Beech-Jones approved settlement
- "[The deductions are] so far down the scale that I wouldn't even hesitate about approving it at a macro level"
- class action, launched by Shine Lawyers in April 2021 --> sought compensation for alleged breaches of a duty of care owed to Indigenous Australians forcibly removed from their families in the NT between 1912 and 1973
- About 1200 people can now be compensated, including careers and siblings of stolen generation members and the estates of those taken from their families who are now deceased
- Litigation Lending Services granted a commission of $5.5m, plus an additional $1m paid for after-the-event insurance covering its financial risks dor backing the class action
- compensation will be paid at relative rates, 1000 families of deceased stolen generation members receiving the highest estimated amounts of $35000 on average
- More than 100 carers and siblings who are still alive will receive a lower payment of about $23000 while under 100 estates of deceased carers and siblings will receive about $11000

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Multimillion-dollar settlement for families of NT stolen generations approved by NSW court

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Most of $50m settlement with federal government will go to those affected by forced removals of Indigenous people from their families

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‘There is a healing that is needed’: How Australia Day celebrations are changing    January 10 2023

* attempts to include /broaden perspectives and events on Australia Day to include indigenous perspectives and interpretations

* 2023 - Aboriginal flag raised on bridge on Aus Day - and Opera House in First Nations lights/art

* attempt to broaden from purely 'celebration' to recognising 'commemoration'

* WugulOra Morning Ceremony, which this year will celebrate its 20-year anniversary.

* “WugulOra is respectful in honouring those who have fallen, continue to suffer but is also about moving forward and how as a state and country we can do this with the First Nations,” Weldon said. "

* government commits 43 million to return Goat Island / Me-Mel to First Nation

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The Australian and Aboriginal flags will be raised together on the Sydney Harbour Bridge on January 26, marking the third year Australia Day will begin in a more reflective manner in Sydney.

On Tuesday, the NSW government also announced that the sails of the Sydney Opera House will be lit up in a display of First Nations artwork by Kamilaroi artist Rhonda Sampson on the national holiday.

William Barton, Isaiah Firebrace and Koomurri dancers will perform as part of the Australia Day 2023 program. Credit: Rhett Wyman

'There is a healing that is needed and we need to do it together.'
Yvonne Weldon, Metropolitan Local Aboriginal Land Council deputy chair

A host of Indigenous performers will appear at free concerts, and the January 25 Vigil: Awaken, part of the Sydney Festival at Barangaroo Reserve, will be followed by WugulOra Morning Ceremony, which this year will celebrate its 20-year anniversary.

These events are part of a national movement to broaden January 26 from a celebration of the day in 1788 when the First Fleet arrived in Sydney Cove, to a commemoration for Indigenous people, said Yvonne Weldon, the deputy chair of the Metropolitan Local Aboriginal Land Council that organises the Indigenous ceremony at Barangaroo.

"WugulOra is respectful in honouring those who have fallen, continue to suffer but is also about moving forward and how as a state and country we can do this with the First Nations," Weldon said.

"Australia Day is about having yarns and sharing information - that's what this Australia Day program aims to achieve. There is a healing that is needed and we need to do it together," she said.

This year's ceremony will have extra significance with the state government earmarking $43 million for the handing back of Me-Mel (Goat Island) to the Indigenous community, and with a referendum on the Indigenous Voice to parliament likely.

As well as the Indigenous focus, the traditional Sydney Harbour Ferrython which started in 1977, will again take place. Emerald-Class ferries, colourfully dressed in honour of their namesakes - May Gibbs, Catherine Hamlin, Victor Chang and Bungaree - will race on the harbour.

NSW Premier Dominic Perrottet said the national day in NSW will honour the unique set of values that define Australians, including our resilience and unity.

"Our communities have united to face incredible adversity over the past year, and I hope that Australia Day brings people together to celebrate our strength, our generosity and our resilience," Perrottet said.

Dami Im, who will perform in a free concert on Australia Day 2023. Credit: Rhett Wyman

"Our history isn't perfect, but for all our flaws, and for all the challenges we face, today let's remember that, as Australians, we have so much to be grateful for and proud of, and a right to feel hopeful and optimistic for the future."

Singers Dami Im, Christine Anu, Casey Donovan and Isaiah Firebrace, will be joined by didgeridoo player William Barton and the Hurstville-based Koomurri dancers, to perform at the Australia Day Live free outdoor concerts on the evening of January 26 at Circular Quay.

Im will perform a rendition of the Hunters & Collectors song Throw your Arms Around Me, joined by the Fijian abattoir workers who volunteered, sang and raised spirits while helping Lismore residents during the devastating floods of 2022.

Australia Day Council of NSW chair Andrew Parker said the NSW Program continues to engage with all Australians at a deeper level.

"Australia Day celebrates the community coming together and the incredible tapestry of different backgrounds and cultures that makes Australia unique," he said.

Australia Day Creative Director John Foreman said: "The day is about celebrating and shining a spotlight on our diversity. The evening concert, with its powerful performances and tributes, adds greater meaning to our national day and celebrates the Australian spirit."

"We are thinking about the day in a deeper way."

NSW Local Hero in the Australian of the Year awards, Amar Singh, the president of the charity Turbans 4 Australia, will deliver the NSW Australia Day address at Rosehill Gardens Racecourse on January 20.
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'There is a healing that is needed': How Australia Day celebrations are changing

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For the first time ever both the Australian and Aboriginal flags will be raised together on January 26.

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people with disabilities are unable to access information on the Voice to Parliament

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people with disabilities are unable to access information on the Voice to Parliament

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- in e-Braille (grades 1 and 2) and e-text online, Auslan and audio files, and in a number of Aboriginal languages.

But with the

, Blind Citizens Australia president Fiona Woods said she was "disappointed" the information hasn't been made available yet and is concerned there's not enough time for vision-impaired people to get the same information as other Australians.

"So just providing a Braille copy of something isn't going to be enough to meet the needs of the real range of people living in Australia."

There will be a phone voting booth to ensure the votes of vision-impaired Australians will be counted.

But Blind Citizens Australia says it is disappointed that Braille voting won't be made available for the referendum, though it has not been developed at other elections either.

Other information on the referendum such as arguments from Yes and No campaigners, polling, and fact-checking done by news media may not be getting through to hearing-impaired people.

"I think we have been a bit late in the game [with] getting some of this information out to community groups, I think we needed to ensure that we had all this information in language much earlier," Dellal said.
Stay informed on the 2023 Indigenous Voice to Parliament referendum from across the SBS Network, including First Nations perspectives through NITV. Visit the to access articles, videos and podcasts in over 60 languages, or stream the latest news and analysis, docos and entertainment for free, at the .

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'Disappointed': Concerns over Voice referendum information for voters with disability

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Finding quality information on the Voice to Parliament referendum has been tricky so far for people with disabilities, advocates say.

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Kelly- First Nations workers still overlooked despite nationwide employment shortage 

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Kelly- First Nations workers still overlooked despite nationwide employment shortage 

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Racism, exclusion, and identity strain are all factors that contribute to high levels of Indigenous unemployment and, ahead of the jobs and skills summit, advocates want the government to look at a national overhaul.

The Jobs and Skills summit, the federal government will unveil its new policy to replace the heavily criticised Community Development Program. The policy was essentially a work-for-the-dole scheme for people in remote parts of the country but was found to be exploiting and disadvantaging Indigenous participants.

Indigenous Employment Partners (IEP) operations manager and Gunai Kurnai woman Donna Gleisner said Indigenous people were rarely encouraged to pursue aspirational pathways in the mainstream system.

IEP takes a "wraparound" approach, supporting jobseekers on the pathway from interview to employment and helping them stay in their roles, or advance within a company.
- Workplaces are also vetted to ensure employees are going to culturally safe, responsible places where Indigenous employees can thrive.

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At Clothing the Gaps in Melbourne's inner north, Bundjalung woman Ebony Popple is excited to come to work in an environment where she can be her authentic self.

Less than half of Indigenous people were employed in paid work before the pandemic

Community-run employment providers say there is more demand for their services than ever

The government has a policy to address problems with remote work, but advocates say a national approach is needed

Across the two stores, more than 90 per cent of the staff are First Nations people, an almost unheard of ratio for most workplaces.

"It's just the best," she said.

"It's so nice to wake up and to have your culture celebrated each and every single day.

"To feel culturally safe, to be able to celebrate alongside all the mob is so amazing and important to me."

Not all of her workplaces have been so welcoming and, like most Indigenous workers, she's experienced her fair share of racism.

"I have experienced racism before at work, both in old workplaces and also at my new workspace, although I find that that's just the way that things are unfortunately," she said.

"Living in the colony, racism is everywhere."

She said there was a stark difference between how Clothing the Gaps dealt with incidents compared to other workplaces.

"The thing that has made a huge difference with working in a Blak business is the way that it's handled," she said.

"I feel a great sense of support from my staff and also my bosses if I was ever to report something that's happened."

Racism, exclusion, and identity strain are all factors that contribute to high levels of Indigenous unemployment and, ahead of the jobs and skills summit, advocates want the government to look at a national overhaul.

Indigenous people disadvantaged in the workplace

The reasons behind high rates of Indigenous unemployment are complex but often come back to access to education, opportunity, trauma and ultimately racism.

Data around Indigenous experiences at work paint a shocking picture, with one report by the Jumbunna Institute showing more than a quarter of respondents work in culturally unsafe spaces, and nearly half heard racial slurs at work.

Those experiences often force Indigenous workers out of the job market and compound intergenerational trauma.

Eora descendant Nareen Young, one of the researchers on the Gari Yala report, said it was clear most Indigenous people experienced racial bias due to their culture.

"Most Indigenous people are disadvantaged in the employment and labour market because of workplace racism," Professor Young said.

"There is a lot of overt racism, that kind of, 'you only got this job because you're Indigenous' type stuff, or 'you don't look Indigenous'.

"The covert stuff is just as important.

"Our survey, Gari Yala, reports lots and lots of different forms of racism, cultural load, identity strain, and we know that Indigenous people experience that in the workplace."

Next week at the highly anticipated Jobs and Skills summit, the federal government will unveil its new policy to replace the heavily criticised Community Development Program.

The policy was essentially a work-for-the-dole scheme for people in remote parts of the country but was found to be exploiting and disadvantaging Indigenous participants.

Advocates are pleased the policy is being scrapped but want new policies to look at ways to lift employment nationally.

Professor Young said government policy was important in addressing the issue, but industry also must take action to address the problem.

"It's a necessary and intractable thing for government to deal with because it is a policy issue," she said.

"It's up to us in the broader sector to do our own thing. We obviously want to be about Indigenous led employment policy, across business industry, that community sector, wherever Indigenous people work is the same as where everyone else works."

Aspirational pathways not encouraged for Indigenous jobseekers

For those people navigating the job market, getting into paid work can be difficult and mainstream service providers often have a poor understanding of the barriers Indigenous people face.

Distrust of government organisations is common in Indigenous communities and things like birth certificates or drivers licenses, which have become common requirements for job applications, aren't always accessible.

Indigenous Employment Partners (IEP) operations manager and Gunai Kurnai woman Donna Gleisner said Indigenous people were rarely encouraged to pursue aspirational pathways in the mainstream system.

"There's a lot of 'just get a job', there's not 'what's your career path' or 'what do you really want to do' or 'what gets you out of bed in the morning'," she said.

"It's just 'we just need to give this person a job', and just throwing them into a lot of times unstable employment."

Ms Gleisner said certain pathways could also be re-traumatising for some workers.

"I remember speaking to one candidate, we couldn't understand why they wouldn't take up these job offers that we were giving them - it was along the lines of that we were looking for cleaning positions and things for them," she said.

"Then we find out that their grandmother had been basically a household servant or a slave.

"So, when you go or be a cleaner, they just go I'm not doing that, because the stories that they've had handed down to them."

IEP takes a "wraparound" approach, supporting jobseekers on the pathway from interview to employment and helping them stay in their roles, or advance within a company.

Workplaces are also vetted to ensure employees are going to culturally safe, responsible places where Indigenous employees can thrive.

"We can feel like you're just ticking a box, you're just trying to meet your procurement target, and you're not really interested in learning about what you need to do," Ms Gleisner said.

"So, we also can go, 'I don't think you're the right fit for us', so we don't think that we're going to place any of our people with you."

Wolithika man Kyle Atkinson was a client at the service not long ago, but he's now been recruited to mentor other Indigenous people looking to find work.

"That's just the kind of work that I wanted to do, was help mob and just get mob back on track," he said.

"I'll just try and keep them motivated and busy and, you know, just jumping through the hurdles I need to get to employment."

He can also share his experiences with jobseekers and help them navigate what can be a daunting process.

"I've been through it all. It's just having someone to walk alongside them and coach them through the next steps from someone who's been through it," Mr Atkinson said.

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'Living in the colony, racism is everywhere': First Nations workers overlooked as skills shortage continues

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Racism, exclusion, and identity strain are all factors that contribute to high levels of Indigenous unemployment, and ahead of the jobs and skills summit advocates want the government to look at a national overhaul.

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Instagram
@Yes23au
@nitv_au
@commongroundfirstnations
@ulurustatement

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Kiana - High rates of Indigenous deaths in custody provide an insight into the nature of prejudice, discrimination and exclusion in the justice system and its continuity over time

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Kiana - High rates of Indigenous deaths in custody provide an insight into the nature of prejudice, discrimination and exclusion in the justice system and its continuity over time

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• Of the 516 recorded Indigenous people who died in custody since 1991, 335 were in prison, 177 were in police custody and four were in youth detention.
Not from this source but should be noted: At 30 June 2022: Aboriginal and Torres Strait Islander prisoners accounted for 32% of all prisoners (source: ABS) despite First Nations Australians making up only 3.8% of the total Australian population

note that 'deaths in custody' is a term that many people prefer to replace with 'deaths in police presence' because it can be unclear if the deatsh were of natural causes

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Each year, the Australian Institute of Criminology (AIC) releases its annual monitoring report on deaths in custody. The report monitors total national changes in deaths in custody, as well as by state and territory jurisdictions.

The report began in 1992 following recommendation 41 of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC), which examined 99 Black deaths in custody in a report tabled to parliament in April 1991.

15th April marks the 32nd anniversary of the tabling of the findings in parliament of The Royal Commission into Aboriginal Deaths in Custody. Picture: Getty Images

Around this time of year - and 2023 marks the 32nd anniversary of the RCIADIC - we tend to see repeated reports of figures like "572 deaths since the RCIADIC". These statistics significantly underestimate the scale of the crisis and we all need to understand why.

THE AIC STATISTICS SIGNIFICANTLY UNDERESTIMATE THE CRISIS

Real action needed on Aboriginal deaths in custody

This year's AIC report records 106 deaths in custody between July 2021 and June 2022 - an increase of 23 deaths recorded in the previous year.

Of the total of 106 recorded deaths in custody, there were 24 Indigenous deaths, 81 non-Indigenous deaths in custody and one death of a person whose Indigenous status was unknown.

Other key findings from this year's report include:

* Of the total 24 Indigenous deaths in custody, eight recorded deaths were in police custody and a further 16 deaths in prison custody

* The largest number was in New South Wales (five deaths in custody), followed by Queensland (four deaths in custody), Western Australia (three deaths in custody), South Australia (two deaths in custody) and one each recorded in the Northern Territory and Victoria

* There were 516 official recorded Indigenous deaths in custody since the RCIADIC

* Of the 516 recorded Indigenous people who died in custody since 1991, 335 were in prison, 177 were in police custody and four were in youth detention.

The AIC monitoring reports remain among the most regularly cited and authoritative 'go-to' sources on Australian deaths in custody for Australian journalists, advocates, academics and policymakers alike.

The number of deaths recorded officially as a "death in custody" has always been inherently political. Picture: Getty Images

The AIC reports are frequently used in headlines to quantify the number of deaths in custody since the RCIADIC. For example, a recent news report carries the headline, " Beyond Heartbreaking: Over 500 deaths in custody since 1991 royal commission ".

Fighting to right past wrongs

Following the 2021-22 report, the Guardian Australia reported that " Indigenous deaths in custody rises to 516 since the 1991 royal commission". An op-ed published by the Sydney Morning Herald newspaper drew on this same data to argue that the "majority of prison deaths for Aboriginal prisoners were due to natural causes".

But what are the limitations of this data? And what is the veracity of the official statistics on deaths in custody generally?

Having previously worked on monitoring reports at the AIC, there are several reasons why caution is needed in the interpretation of the statistics on deaths in custody.

DEFINITION OF A 'DEATH IN CUSTODY' IS FIERCELY CONTESTED

The number of deaths recorded officially as a "death in custody' has always been inherently political.

Due to the public scrutiny that comes with a coronial inquest, the police and prison unions typically contest the definition and challenge the scope of what is deemed to be a "death in custody".

Police unions continue to litigate, for instance, to change the legal definition of a death in custody. The police frequently argue in favour of their preferred categorisation of a " death in police presence " rather than a "death in custody".

For example, the South Australian police attempted to argue that the death of an Aboriginal man in Kilburn wasn't a death in custody but a death in police presence.

Prisons and police cells are violent and culturally unsafe places, associated with a high rate of death. Picture: Shutterstock

The Western Australian Police also argued that both the death of a young woman and the death of two young boys in a police pursuit should be considered a death in police presence.

Hearing the white noise

The determination of these cases impacts the level of investigation and, ultimately, the officially recorded deaths in custody.

Put differently, a death in "police presence" would not be counted within the statistics on deaths in custody.

"NATURAL CAUSES" ARE NOT NATURAL

In some respects, the official statistics are misleading. There is nothing natural about dying in custody. Prisons and police cells are violent and culturally unsafe places, associated with a high rate of death - whether Indigenous or non-Indigenous.

For example, following the death of Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman, Veronica Marie Nelson, the carceral lobby - made up of representatives of the police and prison system - sought medical expertise to claim that Veronica Marie died, not due to the negligence of Dame Phyllis Frost Women's Prison and the well-documented sub-standard and inhumane medical treatment within Australian prisons generally, but due to a rare disease known as Wilke's syndrome.

This diagnosis is disputed by every family member representing Veronica Marie in the trial, who have only heard of this diagnosis in the context of the coronial inquest.

Additionally, the carceral lobby frequently tender expert witness reports as part of a strategy to deem the death in custody classified as death by "natural causes". For this reason, it is critical to interpreting findings of death by "natural causes" with caution.

Family and community members gather at the front of the Coroners Court on January 30, 2023 in Melbourne to demand a new inquest into the death of Veronica Marie Nelson. Picture: Getty Images

INCOMPLETE DATA

The official statistics also lack other crucial data. For example, they do not capture deaths in protective custody, including deaths in child protection or childcare, or other modes of administrative control.

Too young for Facebook, old enough for prison?

For example, these figures wouldn't capture the deaths of the three Aboriginal women who died of preventable rheumatic disease in Doomadgee, Queensland.

Equally outside of scope are deaths in psychiatric care or health care and hospital settings, like the death of Naomi Williams and her unborn child, and the death of a four-month-old baby girl while a 21-year-old was being detained in police custody.

They do not count deaths due to racially-motivated hate crime or the crisis of murdered and forcibly disappeared First Nations women and children.

These figures wouldn't capture the deaths of Cassius Turvey, Elijah Doughty, Mr Kwementyay Ryder, Lewis "Buddy" Kelly Jr, Mark Haines, Stephen Smith, Colleen Walker-Craig, Clinton Speedy-Duroux or Evelyn Greenup among so many others - Aboriginal people who were fatal victims of racially-motivated attacks.

Nor do these figures capture the deaths of murdered women and girls including Queenie Hart, Jacinta and Mona Smith, Lois Roberts, Theresa Binge, Lynette Daley, Constance Watcho or Sascha Green - there are too many to name.

It's imperative that all Australians inform themselves of deaths in custody and premature deaths including racially motivated hate crimes to advocate for accountability. Picture: Getty Images

INFORMATION FOR ADVOCACY

Last but not least, it's important to remember the source of these annual monitoring reports is based on data from state police and/or state corrections facilities, which comes with its inherent limitations and biases.

Going beyond healing to build Indigenous power

As an example, the final report of a Canadian national Inquiry into Missing and Murdered Indigenous Women and Girls revealed a persistent and deliberate pattern of human rights abuses, and systemic racism within the state police, and characterised the issue of missing and murdered Aboriginal women and children in terms of genocide.

It's time for the Australian and State and Territory Governments to show leadership and to treat the genocide of Aboriginal and Torres Strait Islander peoples as the crisis that it is.

It is equally imperative that all Australians inform themselves of deaths in custody and premature deaths (including racially motivated hate crimes) in their local area, including local histories of police-assisted massacres and frontier wars, and to advocate on behalf of bereaved families for some semblance of accountability - not least justice - in a post-Mabo and pre-Treaty Australia.
Dr Porter has previously served as an independent expert witness for the Coroner's Court of Victoria and for the Parumpurru Committee and the North Australian Aboriginal Justice Agency (NAAJA) in the Coroner's Court of the Northern Territory.
Banner: Protesters marking 30 years since the Royal Commission into Aboriginal Deaths in Custody handed down its final report/Getty Images

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Dr Amanda PorterYuin; Senior Fellow (Indigenous Programs), Indigenous Law and Justice Hub, Melbourne Law School, University of Melbourne

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Quantifying an Australian crisis: Black deaths in custody

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Official statistics recorded 106 deaths in custody last year, but these figures underestimate the scale of the crisis, says a University of Melbourne expert.

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Media coverage of Indigenous communities to show more sides of different stories. 

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Media coverage of Indigenous communities to show more sides of different stories. 

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Media inclusion of Indigenous peoples is increasing but there is still room for improvement

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First Nations peoples’ voices in Australian media have been largely excluded. This can contribute to under-representation of Indigenous perspectives and negative stereotypes of First Nations people.

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- focus on government policy and social safety nets for institutional support for victims of domestic violence
- disproportionate rates of domestic violence against aboriginal women

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Govt releases first dedicated Aboriginal and Torres Strait Islander action plan to end domestic violence

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Anti-violence experts have welcomed the plan but said more needs to be done, including a standalone, Aboriginal-led plan.

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The Uluru Statement from the Heart is a 2017 petition by Australian Aboriginal and Torres Strait Islander leaders calling for structural reforms, both in recognition of the continuing sovereignty of Indigenous peoples and to address structural "powerlessness" that has led to severe disparities between Indigenous and non-Indigenous Australians. The document calls for the creation of two new institutions; a constitutionally protected First Nations Voice and a Makarrata Commission, to oversee agreement-making and truth-telling between governments and First Nations. These reforms can be summarised as Voice, Treaty and Truth.

5 takeaways:
- Inclusion
- Empowerment
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19 June 2017

PDF version [ 345KB]

Daniel McKay
Law and Bills Digest Section

A constitutional convention bringing together over 250 Aboriginal and Torres Strait Islander leaders met last month at the foot of Uluru in Central Australia on the lands of the Aṉangu people.

The majority resolved, in the ' Uluru Statement from the Heart', to call for the establishment of a 'First Nations Voice' in the Australian Constitution and a 'Makarrata Commission' to supervise a process of 'agreement-making' and 'truth-telling' between governments and Aboriginal and Torres Strait Islander peoples.

First Nations National Constitutional Convention

Convened by the bipartisan-appointed Referendum Council, the First Nations National Constitutional Convention met over four days from 23 to 26 May 2017 to discuss and agree on an approach to constitutional reform to recognise Aboriginal and Torres Strait Islander peoples. Delegates were selected from participants in regional Dialogues held around the country.

Discussions at the Convention built upon a discussion paper produced by the Council (and published in more than ten traditional languages) and reflected the diversity of views raised by Aboriginal and Torres Strait Islander communities in consultative Dialogues with the Referendum Council over the last six months. As participation in the Dialogues and Convention was by invitation, there has been some criticism about the representativeness of the Dialogues, and, by implication, the Uluru Meeting. Amnesty International wrote a submission to the Referendum Council stating:

We understand that participants at the regional dialogue meetings were invited in what was perceived as an exclusive process. We also understand that some people who attended those meetings then have an opportunity to attend the Uluru meeting, whereas those not included do not.

Acknowledging that participation in the Dialogues was by invitation, the Referendum Council stated on its website:

This ensured each Dialogue was deliberative and reached consensus on the relevant issues. Meetings were capped at 100 participants: 60% of places were reserved for First Nations/traditional owner groups, 20% for community organisations and 20% for key individuals. The Council worked in partnership with a host organisation at each location, to ensure the local community was appropriately represented in the process.

The Convention also drew upon work done over the past few years by the Expert Panel on Constitutional Recognition of Indigenous Australians and the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples. There has been some distancing from the Recognise campaign, an earlier government-funded initiative to broaden the appeal for inserting a statement of recognition in the Constitution.

While the majority of delegates at the Convention backed the Uluru Statement, a small number walked out in opposition before the final consensus resolution was passed.

Uluru Statement

The Uluru Statement states two broad objectives for reform as agreed to by Aboriginal and Torres Strait Islander leaders at the Convention-the establishment of a First Nations Voice and a Makarrata Commission. These objectives reflect the nature of reform desired rather than specifying the fine detail of any proposed changes to the Australian Constitution.

The positions in the Uluru Statement do, however, reflect some of the ideas and proposals advanced by Indigenous and political leaders, and constitutional experts over many years. In articulating two positions which have broad support, it is hoped that they can become the foundations of a renewed conversation with the whole Australian community about constitutional reform and recognition of Aboriginal and Torres Strait Islander peoples and the precise form that will take.

In addition to these two proposals, the Uluru Statement affirms the sovereignty, and long and continuing connection of Aboriginal and Torres Strait Islander peoples with the land. It also comments on the social difficulties faced by Aboriginal and Torres Strait Islander peoples and the structural impediments to the real empowerment of First Nations Peoples.

The Uluru Statement sets up a position that strongly contrasts with that taken in the campaign for symbolic constitutional recognition advanced by the Recognise campaign. This echoes a 2015 online survey conducted by IndigenousX which found that 58 per cent of Indigenous respondents did not support Recognise. The same survey found that 62 per cent did not believe Indigenous Australians would be better off recognised in the Constitution, but 54 per cent supported the construction of an Indigenous parliamentary body. That the Convention at Uluru was to come to a more robust conclusion was hardly a surprise given that most of the regional Dialogues had rejected a minimalist or symbolic model of Indigenous constitutional recognition in favour of more substantial reform.

First Nations Voice

The Uluru Statement calls for the 'establishment of a First Nations Voice enshrined in the Constitution'. This has been interpreted in light of past suggestions put forward for the establishment of some form of representative body for Aboriginal and Torres Strait Islander peoples. There is no definitive statement about the form such a body would take, but proponents of the idea (such as Noel Pearson, who sits on the Referendum Council) have previously propounded that such a body would sit alongside Parliament to provide non-binding advice on legal and policy matters affecting Aboriginal and Torres Strait Islander peoples.

A proposal for an Indigenous body in the Constitution was mooted in 2014 as part of a submission by the Cape York Institute to the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples inquiry. An elaboration of this idea in terms of constitutional text was subsequently drafted by constitutional law expert Professor Anne Twomey. This was later supported by Noel Pearson and the Cape York Institute.

It is envisaged that such a body will provide a constitutionally entrenched institution which enables Aboriginal and Torres Strait Islander peoples to be formally consulted on legislation and policy affecting their communities.

Makarrata Commission

The Uluru Statement seeks 'a Makarrata Commission to supervise a process of agreement-making between governments and First Nations and truth-telling about our history'.

Makarrata is a word from the language of the Yolngu people in Arnhem Land. As Noel Pearson has explained:

The Yolngu concept of Makarrata captures the idea of two parties coming together after a struggle, healing the divisions of the past. It is about acknowledging that something has been done wrong, and it seeks to make things right.

The word 'Makarrata' has often been used instead of 'treaty', and gained wider currency in the 1980s when the National Aboriginal Conference (NAC) adopted the word. In a letter from the National Aboriginal Conference Secretariat 'to all Aboriginal Organizations' Jim Hagan (the then chairman of the NAC) wrote 'using the word Makarrata makes it clear this is intended to be an agreement within Australia, between Australians'.

The call for a treaty has existed for some time. The Barunga Statement, presented in 1988 to Prime Minister Bob Hawke, called for a treaty with the Commonwealth of Australia. In response, Bob Hawke promised to negotiate a treaty 'between the Aboriginal people and the Government on behalf of all the people of Australia' before the end of the current session of Parliament. Though it did not eventuate, calls for a treaty have persisted.

A Makarrata Commission would likely be tasked with seeking Makarrata agreements between Aboriginal and Torres Strait Islanders and the federal government.

Are there any constitutional implications?

First Nations Voice

The Constitution can only be changed by the Australian people. Any move to enshrine a 'voice' for Aboriginal and Torres Strait Islander peoples in the Constitution would need to be passed at a referendum. Details of the changes would have to be agreed by Parliament before being presented to the people for a vote.

A change would only come into effect if the proposal receives the support of a majority of voters in a majority of states. There have been 44 referendums since 1901, of which only eight have succeeded. The most successful attempt to change the Constitution was the 1967 referendum in which over 90 per cent of the population voted to allow the counting of Aboriginal and Torres Strait Islander peoples in the Census, and the federal government to make laws for Aboriginal and Torres Strait Islander peoples.

Makarrata Commission

A Makarrata Commission and any agreements or statements endorsed by such a body would likely not require any constitutional change. However, creating such a commission would most likely require legislation passed by Parliament. A commission could also be established by letters patent granted with the prerogative powers of the Governor-General on the advice of the Prime Minister, though this is not likely.

It is unclear what constitutional or legal consequences would flow from any Makarrata agreement or treaty reached between governments and Aboriginal and Torres Strait Islander peoples. An analysis of the potential effects would be subject to the detail of any final proposals.

What are people saying?

There has been a range of views in response to the Uluru Statement by commentators, constitutional observers, politicians and Indigenous leaders. These views reflect contrasting positions about constitutional change, and on the best approach to Indigenous recognition.

Professor George Williams, Dean of Law at the University of New South Wales, has responded, writing that the Uluru Statement:

... is an important and long overdue expression of what Aboriginal people want from constitutional reform. It is a welcome, but very different perspective to earlier processes. The formidable challenge now is to work from this statement to reach a set of changes to the constitution that can win support from the community at large and across the political divide.

Professor Anne Twomey has criticised what she sees as unhelpful speculation, and states that the important message of the Uluru Statement was:

When it comes to constitutional reform, the priority of Aboriginal and Torres Strait Islanders is to have their views heard in relation to the making of laws and policies that affect their lives. This ranks above the insertion of formal words of recognition in a preamble and the removal of discriminatory clauses from the Constitution. It is not historic recognition by written words that is sought, but active and ongoing recognition of indigenous voices, allowing them to be heard in the corridors of power.

June Oscar, the Aboriginal and Torres Strait Islander Social Justice Commissioner, has stated:

The Uluru Statement recognises the need for an entrenched constitutional voice on the one hand whilst maintaining the long term aspirations of our peoples for a treaty on the other. One change can be achieved with constitutional change, and the other outside of the constitution through new legislation and the creation of Makarrata or Treaty Commission. Both have the potential to be meaningful and both represent the collective vision of our people's ... The Uluru Statement carves out a path for change and we need that to be embraced by our fellow Australians and our political leaders.

The leaders of the two major parties have been careful in their public comments pending the release of the final report by the Referendum Council on an agreed process. The Prime Minister Malcolm Turnbull has adopted a tone of caution, noting:

The constitution cannot be changed by Parliament. Only the Australian people can do that. No political deal, no cross-party compromise, no leader's handshake, can deliver constitutional change ... To do that, a constitutionally conservative nation must be persuaded that the proposed amendments respect the fundamental values of the constitution, and will deliver precise changes, clearly understood, that benefit all Australians.

Opposition Leader Bill Shorten has made clear his openness to the ideas expressed in the Uluru Statement saying: 'We owe the [Uluru delegates] an open mind on the big questions. On the form recognition takes, on treaties, on changes required in the constitution'.

Individual Labor members have stated similar positions. Senator Pat Dodson has commented:

It's fine there's come this report out of Uluru, talking about an entrenched voice into the constitution, that will have to be weighed and considered. But I don't think we should just dismiss out of hand the work that was done by the expert panel [on constitutional recognition in 2012].

Federal Labor MP Linda Burney has warned that Indigenous leaders may have to compromise in order to reach a broader consensus position that will succeed. Former National President of the Australian Labor Party and Indigenous leader Warren Mundine has been more critical of the idea of having an Indigenous body enshrined in the Constitution, and makes the case that a series of treaties is preferable. He writes:

The Uluru Statement made two proposals. One is a "top-down" lawyers' proposal that will certainly fail. The other is a grassroots proposal with overwhelming Indigenous support that could be implemented without the need for any referendum. I'm calling time on 10 years of discussion on constitutional recognition. We don't need it.

Members of the Coalition have expressed a range of views. Liberal MP and Minister for Indigenous Health Ken Wyatt said in an interview that the significance of the Uluru Statement was the momentum behind 'finding a way forward of entrenching a position of Aboriginal Torres Strait Islander people within the constitution; whatever form that takes' and advised:

... we shouldn't block our minds at the moment, we should wait for that [the Referendum Council] report to be tabled, consider what the options are in the voracity of argument around each of those options. But we've got to consider them to see if they're constitutionally sound, because that is the test. It has to meet the rigour of the constitutional requirements. It then has to meet the rigour of whether the majority of Australians and the majority of states will support it.

Liberal MP and constitutional lawyer Julian Leeser, who co-founded Uphold & Recognise, has been optimistic about the Statement, as has Indigenous Affairs Minister Nigel Scullion. In contrast, Deputy Prime Minister and Leader of the National Party Barnaby Joyce conveyed his initial doubts about whether the idea of a constitutionally enshrined Indigenous body would find wider support, commenting:

If you overreach in politics and ask for something that will not be supported by the Australian people, such as another chamber in politics or something that sort of sits above or beside the Senate, that idea just won't fly.

Liberal senator James Paterson has also expressed his concerns about the unintended consequences of substantial constitutional change:

Any proposal that could impinge on parliamentary supremacy is highly unlikely to win support because it is a core foundation of our liberal democracy. A first nations' voice, enshrined in the Constitution, runs the great risk of doing so. There are many different ways it could be formed. But even the most modest proposal, requiring parliament to consult an elected representative body, makes conflict with the democratically elected parliament for all Australians virtually certain.

Among the minor parties, the Australian Greens have stated their strong support, while Senator Cory Bernardi of the Australian Conservatives has reiterated his disapproval of constitutional change and warned on his website: '... no one should endorse constitutional change without knowing exactly what they are agreeing to'. The views of other parties, or individual members, have yet to be more publicly articulated.

Where to from here?

Under its Terms of Reference, the Referendum Council is required to provide its final report to the Prime Minister and to the Leader of the Opposition by 30 June 2017.

A working group (comprising members nominated by delegations to the convention and other interested parties) has been formed to maintain momentum and work on the implementation of the goals in the Uluru Statement. This group will be especially important in working with stakeholders after the release of the Referendum Council report.

The Uluru Statement may prove to be a catalyst in a long-running movement for Indigenous constitutional recognition. While at this stage there is no clear proposal that could be put forward at a referendum, the Uluru Statement articulates two reform objectives which can then be put forward for further public consultation.

Looking ahead, the success or failure of any future referendum on inserting an Indigenous voice into the Constitution, and the initiative of a Makarrata Commission, will hinge upon there being enough political and community goodwill to reach a position that can be supported by the majority of Australians, both Indigenous and non-Indigenous.

Further reading

S Fitzpatrick, 'Treaty "nothing to be afraid of"', The Australian, 7 June 2017, p. 10.

K Rubinstein, 'Not merely citizens, but active citizens', The Canberra Times, 6 June 2017, p 10.

C Mitchell, 'Aborigines deserve their say in nation's future',The Australian, 6 June 2017, p. 25.

K Middleton, 'The making of the Uluru Statement', The Saturday Paper, 3 June 2017, p.1.

A Frogley, 'Uluru Statement-from the heart: what now for Recognise?', Green Left Weekly, 3 June 2017.

J Paterson, 'Our Constitution already gives first nations a say', The Australian, 2 June 2017, p. 14.

S Breheny, 'A nation of equals', Daily Telegraph, 2 June 2017, p. 30.

A Twomey, 'Wild speculation distorts the meaning of Uluru',The Australian, 2 June 2017, p. 26.

A Bolt, 'A divisive demand', The Daily Telegraph, 1 June 2017.

NW Mundine, 'We don't need an Indigenous treaty. We need many', Australian Financial Review, 31 May 2017, p. 39.

F Brennan, 'Let's take time to get Indigenous recognition right',The Australian, 31 May 2017, p. 14.

P Kelly, 'Indigenous compromise deserves effective response', The Australian, 31 May 2017, p. 14.

L Tingle, 'Uluru has spoken but where to now?', Australian Financial Review, 31 May 2017, p. 36.

G Macdonald, 'After Uluru, we must focus on a treaty ahead of constitutional recognition', The Conversation, 31 May 2017.

F Hunter, 'Explainer: all the questions you were too afraid to ask about Indigenous constitutional recognition', The Sydney Morning Herald, (online edition), 31 May 2017.

S Fitzpatrick and S Martin, 'Coalition split on Uluru Statement', The Australian, 30 May 2017, p. 1.

B Keane, 'Terra nullius lie recycled by Uluru Statement opponents', Crikey, 30 May 2017.

G Appleby and S Brennan, 'It's been a long, painful journey to unity at Uluru. Let's not waste this opportunity', The Guardian, 30 May 2017.

G Williams, 'Uluru Statement offers a clear message from those who must be heard', The Sydney Morning Herald, 29 May 2017, p. 16.

R Perkins, 'An honest claim from the heart of our nation',The Australian, 29 May 2017, p. 12.

S Kelly, 'The Uluru Statement from the Heart', The Monthly, 29 May 2017.

M Grattan, 'Uluru call for constitutional First Nations voice presents new challenge for Referendum Council', The Conversation, 28 May 2017.

N Pearson, 'Indigenous voice deserves to be heard', The Weekend Australian, 27 May 2017, p. 1.

H Hobbs, 'Listening to the heart: what now for Indigenous recognition after the Uluru summit?',The Conversation, 26 May 2017.

D Freeman and S Morris, eds, The forgotten people: liberal and conservative approaches to recognising Indigenous peoples, Melbourne University Press, Melbourne, 2016. (In the Parliamentary Library).

F Brennan, 'The case for modest constitutional change',The Conversation, 21 May 2015.

A Twomey, 'Putting words to the tune of Indigenous constitutional recognition', The Conversation, 20 May2015.

D Freeman and J Leeser, The Australian Declaration of Recognition: capturing the nation's aspirations by recognising Indigenous Australians, 2014.

G Williams and D Hume, People power: the history and future of the referendum in Australia, UNSW Press, Sydney, 2010. (In the Parliamentary Library. Also available as an e-book).

For copyright reasons some linked items are only available to members of Parliament.

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19 June 2017 PDF version [345KB] Daniel McKay Law and Bills Digest Section A constitutional convention bringing together over 250 Aboriginal and Torres Strait Islander leaders met last month at the foot of Uluru in Central Australia on the lands of the Aṉangu people

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Valerie ~ Indigenous deaths in custody rises to 516 since the 1991 royal commission, report says

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Valerie ~ Indigenous deaths in custody rises to 516 since the 1991 royal commission, report says

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- The Australian Institute of Criminology's annual report shows 106 people died in custody between July 2021 and July 2022, with 16 of those being of Indigenous descent --> 5(NSW), 4(Queensland), 3(WA), 2(SA), 1(VIC)
- Report stated that 32% of the average daily Australian prisoner population is made up of Aboriginal and Torres Strait Islander people
- Overall 23 more Indigenous and non-Indigenous people died in custody in 2021-22 compared with the previous year
- 516 recorded Indigenous people who died in custody since 1991 --> 335 in prison, 177 in police custody and 4 in youth detention
1991 Royal Commission into Aboriginal Deaths in Custody found that Indigenous people were no more likely to die in custody than non-Indigenous people but were significantly more likely to be arrested and imprisoned

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Australia recorded 106 deaths in custody between July 2021 and June 2022, with the number of Indigenous people who died in custody rising to 516 in the 31 years since the royal commission.

According to the Australian Institute of Criminology's annual report on deaths in custody, released on Monday, the death rate of prisoners increased from 0.15 per 100 prisoners in 2020-21 to 0.21 in 2021-22.

Sixteen of the people who died were Indigenous people in prison custody. The largest number was in New South Wales with five, four in Queensland, three in Western Australia, two in South Australia and one each in the Northern Territory and Victoria. Eight deaths were recorded in police custody.

Four of the 16 people who died in custody had yet to be sentenced, with the median time in custody one month and 15 days.

Aboriginal and Torres Strait Islander people make up 3% of the population, but comprise 32% of the average daily Australian prisoner population, the report stated.

The death rate of Indigenous prisoners was 0.12 per 100 Indigenous prisoners, or 2.96 per 100,000 Aboriginal and Torres Strait Islander population aged 18 years and over. This was up from 0.09 and 2.28, respectively.

Overall 23 more Indigenous and non-Indigenous people died in custody in 2021-22 compared with the previous year. Eighty-four of the people who died were in prison custody, and 22 in police custody.

Natural causes and suicide were the most common causes of death among Indigenous people who died in prison custody, while most non-Indigenous deaths were due to natural causes.

Of the 516 recorded Indigenous people who died in custody since 1991, 335 were in prison, 177 in policy custody and four in youth detention.

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The 1991 royal commission into Aboriginal deaths in custody found that Indigenous people were no more likely to die in custody than non-Indigenous people but were significantly more likely to be arrested and imprisoned. The AIC said that is still the case 31 years later.

The AIC was spurred to speeding up reporting on deaths in custody last year. In addition to the annual report, it now provides a quarterly dashboard on deaths in prison and police custody. Although the lack of reliable statistics was a recurring theme in the 1991 royal commission, the AIC had previously only reported on deaths in custody every few years.

The deputy director of the AIC, Dr Rick Brown, said the institute was committed to criminological research into Indigenous overrepresentation in the criminal justice system.

In 2018 Guardian Australia created the Deaths Inside database to track all known Aboriginal deaths in custody because real-time information had been so hard to find.

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Indigenous deaths in custody rises to 516 since the 1991 royal commission, report says

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The Australian Institute of Criminology's annual report shows 106 people died in custody between July 2021 and July 2022, with 16 of those being of Indigenous descent

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Ms Ellam  - The Voice bridges issue of exclusion to inclusion but is creating conflict in society and misrepresentations in media institutions leading to disempowerment of the Indigenous Voice and Yes campaign - reflects potential continuing exclusion

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Ms Ellam  - The Voice bridges issue of exclusion to inclusion but is creating conflict in society and misrepresentations in media institutions leading to disempowerment of the Indigenous Voice and Yes campaign - reflects potential continuing exclusion

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Legal expert outraged by ‘out of context’ inclusion in Voice No pamphlet  JULY 18 2023

Constitutional lawyer Greg Craven supports the Voice but was misquoted by Dutton and 'No campaign' as pointing out it being 'fatally flawed'

* the No campaign is misquoting experts eg Greg Craven, and deliberately misleading public

* Lidia Thorpe, senator accused the Yes side of misrepresenting origins of Voice as indigenous.

* Thorpe argues that the Voice does not reflect the diversity of the many First Nations

* Voice will be able to “make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples”.
>>> this reflects INCLUSION for Indigenous Australians in the JUSTICE SYSTEM including Parliament and promoting Indigenous Voice and concerns

The lack of Voice reflects the exclusion of Indigenous voices but also all First Nations from Australia's leading political and governing body - lack of self determination / lack of empowerment.

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Constitutional lawyer Greg Craven has accused the No campaign of misleading voters after it quoted him criticising the proposed Voice model as "fatally flawed" in its official written case, saying his request to Peter Dutton's office not to be included was ignored.

Craven, a long-time ardent supporter of a constitutionally enshrined Indigenous Voice, said he was outraged and would lodge a complaint with the Australian Electoral Commission about the No case, which he accused of taking his criticisms of the proposed model "totally out of context" in a bid to confuse voters.

Constitutional lawyer Greg Craven, an ardent Voice supporter, says he is outraged by the No camp's decision to quote his early criticisms of the proposed constitutional change in its pamphlet.

"I'm really very annoyed about this," Craven said on Tuesday after the AEC published the written Yes and No cases on its website.

"The object is to muddy the waters so that people are too scared to vote Yes. When you look at these documents, you can see that is exactly what is happening."

Craven said he contacted the opposition leader's office a week ago when he heard of the No camp's plans to quote him, and warned them he would complain to the AEC if they did, but said his concerns fell on deaf ears.

However, Craven is unlikely to find any avenue for remedy with the AEC as it is legally required to publish the written cases in the form it receives them and cannot make changes.

AEC Commissioner Tom Rogers told Sky News the body's role was to act "as a postbox".

"Even if there are spelling errors, we are not able to touch a thing. We take the information as given and publish it," Rogers said.

The written No case was authorised by Coalition MPs, led by frontbencher Jacinta Nampijinpa Price, and forms the opposing half of the official Yes/No referendum pamphlet the AEC will distribute to every Australian household before the vote.

Craven was a member of a legal experts' panel that advised Indigenous leaders on the drafting of the proposed amendment to insert the Voice into the Constitution. During the debate earlier this year on the wording to achieve this, Craven was highly critical of the plan to give the body the scope to advise the executive as well as the parliament, and lobbied for a narrower model.

"I think it's fatally flawed because what it does is retain the full range of review of executive action. This means the Voice can comment on everything from submarines to parking tickets ... We will have regular judicial interventions," Craven is quoted as saying in the No case, which refers to him as a constitutional law professor who supports the Voice.

The government ultimately adopted the more expansive model and if the referendum is successful, the Voice will be able to "make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples".

Craven doesn't dispute the accuracy of the quote, but said it contained no further context that once the amendment was finalised he had made "very clear" in media interviews and essays that he supported the change and would be campaigning for a Yes vote despite his initial concerns.

Asked whether he regretted his earlier criticisms, Craven said "no".

"Do I still think that the words could be better? Yes. Do I think the words are impossible? No. Am I prepared to support something even though it doesn't follow my exact draft? Yes," he said, adding: "I don't want Australia to be a morally failed state".

Price defended the inclusion of the material in the No case, saying she couldn't understand why someone with Craven's concerns would continue to support the proposed change.

"Professor Craven voiced some very pertinent concerns early in the conversation. It's only right that we should be able to promote those concerns that somebody on the Yes side has with this constitutional change," Price said.

Yes campaigners Megan Davis and Pat Anderson denounced the No pamphlet as "cooked", claiming it "trots out the same tired and misleading arguments of a campaign determined to maintain a failed status quo that has always sold Australians short".

Victorian independent senator Lidia Thorpe, who is leading a radical anti-Voice campaign based on the argument that the proposal doesn't go far enough, attacked both the Yes and No cases.

She accused the Yes campaign of misleading voters with the "shameful" claim that the Voice originated from Indigenous Australians, saying it "denies the diversity of views held by First Nations people, covers up the truth behind the Uluru Statement and is a taste of how they would use their Voice to silence First Nations people that don't toe their line".

"The No Campaign have clearly taken advantage of the pamphlet not being fact-checked and done more to embolden racists than they have to argue against the Voice," Thorpe said.
Cut through the noise of federal politics with news, views and expert analysis from Jacqueline Maley. Subscribers can sign up to our weekly Inside Politics newsletter here.

Connect via Lisa Visentin is a federal political reporter at The Sydney Morning Herald and The Age, covering education and communications. Twitter.

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Legal expert outraged by 'out of context' inclusion in Voice No pamphlet

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Constitutional lawyer Greg Craven, an ardent Voice supporter, said his complaint to Peter Dutton's office about the No side's plan to quote him was ignored.

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highlighting the ways in which Indigenous people in Australia are facing systemic challenges and inequalities. These include issues related to land rights, healthcare, education, and social services. YA

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Few tourists venture into the impressive stretches of red earth and shrubbery that cover vast amounts of land in the outback of Australia. It is here, in the heartland of the continent, where a humanitarian crisis is brewing.

The numbers are staggering, with almost a third of all Aboriginal and Torres Strait Islander People suffering under severe or very severe psychological problems, a recent government report showed. Indigenous men between the ages of 25 and 29 have the highest suicide rate in the world, with 90.8 suicides for 100,000 inhabitants. And the issue is growing: the last decade has seen a 56 percent rise in hospitalization rates for self-harm.

"There is no denying that it is a crisis," Romlie Mokak, CEO of the Lowitja Institute for Aboriginal and Torres Strait Islander Health Research, told DW. Mokak, himself a member of the indigenous group Djugun from the Western Australian region of Kimberley, adds: "This is a living tragedy in our country and it is an indictment."

Reports about a string of suicides in one remote Kimberley town recently shocked the nation, with the number of deaths estimated to have totaled 19 - including a 10-year-old girl - in just three months.

These high rates of suicide and self-harm are considered to be a symptom of the stark challenges facing the indigenous people, who make up about three percent of Australia's population. The problems include: Aboriginal and Torres Strait Islander people are less likely to complete high school, have higher rates of drug and alcohol consumption as well as domestic violence, and on average live ten years less than their non-indigenous counterparts.

Indigenous people suffer from significantly poorer health and gain less education than non-indigenous Australians
A result of the racist past?
"The answer to why this is happening is complex. The underlying issue is that of collective trauma, inflicted on indigenous people by past racist policies," Sara Hudson, a research scholar at the Center for Independent Studies, told DW. The European settlement of Australia in the late 18th century resulted in a massive uprooting of Aboriginal and Torres Strait Islander communities. Up until the 1970s, indigenous children were taken away from their families and forced to assimilate into white Australian culture.

Many Aboriginal and Torres Strait Islander people are still unable to live on their land, and struggle to uphold the diverse languages and cultures of hundreds of different groups, or "nations."

"The result is the feeling that our identity has been lost," Mokak says.

"Oftentimes, the children in the communities grow up with little hope of getting a job, with many adults around them having lived on welfare, and experience hopelessness, as well as stigma from the non-indigenous communities," Hudson explained, noting that "it is a cycle of despair."

Australia has been trying to break this cycle for years, with large-scale programs like the Indigenous Health Campaign "Close the Gap." The government has also pumped billions of dollars over the years into indigenous-specific programs, but it's showing little difference.

One of the main problems is that the government's funding is not need-based, meaning: The communities are not asked what they need, but handed what the state deems necessary.

Especially remote Aboriginal communities are often not asked what they need, leading to misguided funding by the government
Over- and underfunding
This often leads to bizarre situations. For instance, in Roebourne in Western Australia, Hudson found 67 local service providers and over 400 programs during her research for a comprehensive report on indigenous funding - all of them for a mere 1,150 inhabitants.

Likewise, in a remote community in East Arnhem Land, a suicide prevention program was organized, although there had been no incidents of suicides in the community and although young men from the community had been flown out by plane to attend a similar program elsewhere before.

"On the other hand, there are communities like the one in Kimberly that are crying out for programs, and are in dire need of suicide prevention programs," Hudson adds.

On top of this, there is little accountability when it comes to public expenditures. "The problem is that no one really knows where the money is going," Hudson found. "Less than 10 percent of the total 1,082 indigenous-specific programs were assessed. This leads to unsuccessful programs being funded, or successful ones not getting further financial support."

The lack of coordination between the federal and state governments, as well as the lack of continuity due to a fast change in governments are not helping either. Australia has had four prime ministers over the past six years.

According to Hudson, "many programs are also what we call band-aid programs. They just cover the wound, but don't heal it." Tackling the cause of the problem, which is a lack of perspective and purpose, as well as identity inside the communities, takes longer and shows slower results.

Aboriginal art such as this cave painting dates back thousands of years, but is often not recognized as the cultural heritage of the country
Stigma instead of appreciation
Another problem relates to how the indigenous people are perceived in society. "We are seen as a problem, an issue," Mokak points out. The cultural heritage and traditions that the Aboriginal and Torres Strait Islander people have are not valued or seen as strength like in the case of Maori in neighboring New Zealand, he stressed.

There have been examples of this changing, however. Injalak Arts, a non-profit Aboriginal-owned enterprise in the Northern Territory, is one of many art centers selling and offering tours in indigenous arts. The surplus they make is then invested in the local community.

Private enterprise is another possibility: in Lockhart River, a remote community in the northern most tip of Australia, a public-private partnership with the local council is encouraging private entrepreneurship of indigenous people in the area of parks and gardens maintenance and catering services.

The community has also partnered up with a university, which then flew staff out to Lockhart River to first assess the needs and social issues before offering its educational programs.

Programs such as these are just a beginning. Mokak says that reconnecting with nature, building up the communities from the grassroots and taking back the identity of the indigenous people is the way forward for a brighter future for the Aboriginal and Torres Strait Islander people.

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aboriginal and torres strait islander peoples

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How Australia is failing its indigenous people | DW | 29.11.2016

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Few tourists venture into the impressive stretches of red earth and shrubbery that cover vast amounts of land in the outback of Australia. It is here, in the heartland of the continent, where a humanitarian crisis is brewing.

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Australia recorded 106 deaths in custody between July 2021 and June 2022, with the number of Indigenous people who died in custody rising to 516 in the 31 years since the royal commission.

According to the Australian Institute of Criminology's annual report on deaths in custody, released on Monday, the death rate of prisoners increased from 0.15 per 100 prisoners in 2020-21 to 0.21 in 2021-22.

Sixteen of the people who died were Indigenous people in prison custody. The largest number was in New South Wales with five, four in Queensland, three in Western Australia, two in South Australia and one each in the Northern Territory and Victoria. Eight deaths were recorded in police custody.

Four of the 16 people who died in custody had yet to be sentenced, with the median time in custody one month and 15 days.

Aboriginal and Torres Strait Islander people make up 3% of the population, but comprise 32% of the average daily Australian prisoner population, the report stated.

The death rate of Indigenous prisoners was 0.12 per 100 Indigenous prisoners, or 2.96 per 100,000 Aboriginal and Torres Strait Islander population aged 18 years and over. This was up from 0.09 and 2.28, respectively.

Overall 23 more Indigenous and non-Indigenous people died in custody in 2021-22 compared with the previous year. Eighty-four of the people who died were in prison custody, and 22 in police custody.

Natural causes and suicide were the most common causes of death among Indigenous people who died in prison custody, while most non-Indigenous deaths were due to natural causes.

Of the 516 recorded Indigenous people who died in custody since 1991, 335 were in prison, 177 in policy custody and four in youth detention.

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The 1991 royal commission into Aboriginal deaths in custody found that Indigenous people were no more likely to die in custody than non-Indigenous people but were significantly more likely to be arrested and imprisoned. The AIC said that is still the case 31 years later.

The AIC was spurred to speeding up reporting on deaths in custody last year. In addition to the annual report, it now provides a quarterly dashboard on deaths in prison and police custody. Although the lack of reliable statistics was a recurring theme in the 1991 royal commission, the AIC had previously only reported on deaths in custody every few years.

The deputy director of the AIC, Dr Rick Brown, said the institute was committed to criminological research into Indigenous overrepresentation in the criminal justice system.

In 2018 Guardian Australia created the Deaths Inside database to track all known Aboriginal deaths in custody because real-time information had been so hard to find.

# data[].attributes.attachment_link.title
Indigenous deaths in custody rises to 516 since the 1991 royal commission, report says

# data[].attributes.attachment_link.description
The Australian Institute of Criminology's annual report shows 106 people died in custody between July 2021 and July 2022, with 16 of those being of Indigenous descent