Post-Referendum Context: Divergent Paths for National Indigenous Affairs

Following the 2023 referendum on an Indigenous Voice to Parliament, discussions among First Nations leaders, government, and opposition figures have highlighted divergent paths for national Indigenous affairs. Key calls include establishing a federal treaty and a national truth-telling process, alongside ongoing debates on economic empowerment, service delivery accountability, and progress on "Closing the Gap" targets.

Since the 2023 Voice referendum, national attention on Indigenous affairs has decreased, with limited consensus on a path forward among political and community leaders. The federal government has emphasized "economic empowerment" for Aboriginal and Torres Strait Islander people, while the federal opposition has called for a focus on "practical outcomes." Community leaders have advocated for addressing issues such as changing the date of Australia Day, action on deaths in custody, and establishing a national truth-telling process. Some Aboriginal leaders have also stated that the Albanese government has reduced its focus on Indigenous issues since the 2023 referendum.

Calls for a Federal Treaty and Truth-Telling Process

A coalition of First Nations leaders, Elders, and advocates have renewed calls for the federal government to commit to a national treaty and truth-telling process. Over 350 individuals convened at the Together for Treaty National Summit in Melbourne, where Victoria's existing treaty framework was highlighted.

Summit organizers sent an open letter to Prime Minister Anthony Albanese, stating that a "unifying federal-level Treaty and truth-telling process" is critical. The letter noted that many decisions affecting First Nations peoples—including those related to land, water, climate, and cultural heritage—fall under federal jurisdiction. It further stated that without a federal process, responsibility remains fragmented and recognition inconsistent.

"A federal treaty is well overdue. Victoria's process occurred without negative societal impacts."
— Jackie Huggins, Board Director, Common Threads

Ms. Huggins stated that First Nations people seek "peace and justice and acknowledgement" and recognition of their history and cultures. Larissa Baldwin-Roberts, CEO of Common Threads, characterized the pursuit of a federal treaty as a "generational fight" and indicated that polling suggests a majority of Australians support treaty when informed of its arguments.

Divergent Views on Truth-Telling

Travis Lovett, a former commissioner on Victoria's Yoorrook Justice Commission, stated that a national truth-telling process could be transformative for national healing and that progress requires a foundation of truth. He plans a walk from Melbourne to Canberra in April to advocate for a national process.

"We need a national truth-telling process. We have waited long enough."
— Travis Lovett, Former Yoorrook Justice Commissioner

Mr. Lovett views his walk as an opportunity to highlight ongoing injustices and advocate for accountability regarding issues such as over-representation in the justice system, homelessness, and child protection statistics, adding that "truth without justice is fragile." He emphasized the necessity of First Nations people's involvement in decision-making for self-determination. He also asserted that support for truth-telling is growing, and First Nations people have consistently advocated for sharing their truth, referencing public commitments by the Prime Minister to implement the Uluru Statement from the Heart, which includes truth-telling.

Megan Davis, an architect of the Uluru Statement from the Heart, acknowledged that "Voice, treaty, truth generally have been aspirations of our people for a long time." However, she expressed skepticism about a standalone national truth-telling process, suggesting that the day-to-day challenges in Aboriginal communities often take precedence. Ms. Davis also indicated that such commissions might divert energy from other critical areas, questioning the government's ability to establish a new institution given existing challenges like "Closing the Gap."

Shadow Minister for Indigenous Australians Kerrynne Liddle also expressed reservations.

"What is truth-telling? Who benefits from truth-telling?"
— Kerrynne Liddle, Shadow Minister for Indigenous Australians

She reported that her discussions in communities primarily focus on health and housing, rather than colonization or truth-telling.

Government and Opposition Stances on Treaty and Truth-Telling

A federal government spokesperson affirmed continued collaboration with First Nations people, states, and territories to improve outcomes and justice for Indigenous communities. Julian Leeser, the Shadow Indigenous Australians Minister, stated the federal Coalition's opposition to treaty and truth-telling processes.

"A nation can't have a treaty with itself."
— Julian Leeser, Shadow Indigenous Australians Minister

Mr. Leeser suggested the focus should be on practical outcomes for Indigenous Australians.

State-Level Developments:

• Queensland's LNP government repealed the state's Path to Treaty Act in 2024.
• New South Wales currently has treaty consultations underway.
• Victoria's treaty was formalized as law in 2023, becoming Australia's first modern treaty agreement with Aboriginal people. Two traditional owner groups in regional Victoria have since entered the state's Treaty Negotiations Register. However, Victorian Opposition Leader Jess Wilson has pledged to repeal the treaty if the Coalition wins the upcoming state election, citing the 2023 referendum result. She proposed a separate department focused on practical outcomes for Aboriginal Victorians.
• South Australia legislated its Voice to Parliament in 2023, but treaty negotiations in the state have stalled. South Australian Shadow Treasurer Ben Hood stated that if his party is elected, they would repeal the state's First Nations Voice to Parliament, indicating that this would also halt progress on treaty or truth processes.

Service Delivery and "Closing the Gap"

Senator Liddle criticized publicly funded service providers, including Aboriginal community-controlled organizations (ACCOs), for Indigenous communities, calling for accountability in service delivery. Her focus includes women, children, and employment. Regarding the effect of stricter bail and sentencing laws on "Closing the Gap" targets for reducing youth detention, Senator Liddle questioned the focus on incarceration rates, advocating instead for preventative measures such as keeping children in schools, ensuring their health, and promoting healthy parenting to keep them out of custody.

Dr. Davis supported increased attention on "Closing the Gap" metrics, noting the lack of significant progress across most indicators. Federal Indigenous Australians Minister Malarndirri McCarthy acknowledged that efforts to "Close the Gap" are "far from done," while pointing to federal investments in Indigenous health, housing, remote jobs, and initiatives to reduce grocery prices in remote stores. Travis Lovett argued that truth-telling is necessary to provide context for "Closing the Gap" statistics, explaining how government policies have affected First Nations people by connecting past colonial roots to present challenges. Julian Leeser criticized the government for what he described as a two-year silence on Indigenous issues post-referendum, noting that only four of 19 Closing the Gap targets are on track.

Economic Empowerment and Constitutional Considerations

Following the Voice referendum, the federal government's Indigenous affairs agenda has focused on "economic empowerment." Dr. Davis suggested that the success of these policies would be limited without constitutional rights, contrasting Australia's situation with that of Canada and the United States, which she stated have established "robust treaties and robust constitutional recognition" as foundational elements for economic initiatives.

Based on her observations of political processes overseas, Dr. Davis described a resilient approach to political setbacks.

"The Voice referendum's outcome was a political loss at a point in time that doesn't undermine the importance of the key reform that was in there, and that is the Voice to Parliament and constitutional recognition."
— Megan Davis, Architect of the Uluru Statement from the Heart

She advocated for moving forward and strategizing for future efforts.