Australian Indigenous sovereignty facts for kids
Australian Indigenous sovereignty is about the special rights claimed by Aboriginal and Torres Strait Islander peoples over parts or all of Australia. These rights come from their deep connection to the land. Indigenous peoples lived in Australia for thousands of years before British settlers arrived. They believe their spiritual connection to the land means they have always been its owners.
Today, Australian law and the Australian Constitution do not officially recognise Indigenous sovereignty. However, many groups and people are working to change this. They want to see Indigenous peoples' rights recognised, including their right to self-governance. Some believe recognising this sovereignty could lead to a treaty between Indigenous peoples and the Australian Government. There are also plans for a vote (called a referendum) to add an Indigenous Voice to Parliament to the Constitution. This Voice would advise the government on laws and policies that affect Aboriginal and Torres Strait Islander peoples.
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Australia's History and Indigenous Rights
Aboriginal peoples have lived on the Australian continent for at least 65,000 years. The British began to settle Australia in 1788 when Governor Arthur Phillip and the First Fleet arrived. No treaty was signed with the Aboriginal peoples living near Port Jackson at that time. This means Indigenous peoples never officially gave up their ownership or control of the land.
In the early days of British settlement, Aboriginal customs and laws were mostly ignored. By 1840, British law was meant to replace all Aboriginal customary law.
What Does Indigenous Sovereignty Mean?
Today, Indigenous sovereignty often means "inherent rights" that come from a deep spiritual and historical connection to the land. For many Indigenous peoples, their spiritual beliefs are completely linked to their daily lives and the earth. This means the land's original owners were ancestral beings, and their power still guides the land and all life.
The 2017 Uluru Statement from the Heart talks about this "spiritual sovereignty" and the "sacred link" to the land that has existed for 60,000 years. This idea of sovereignty is different from the European idea, which focuses on a government's absolute power over an area. For Indigenous peoples, their Aboriginal kinship systems and traditional borders (like agreements between language groups) were also important parts of their sovereignty. This kind of sovereignty is not lost just because others settled the land.
However, some Indigenous people also use the term "sovereignty" in a way that is closer to the Western idea. This means a group having full authority over a specific area and being recognised as equal by other groups. Senator Lidia Thorpe uses the term "Blak sovereignty" to include this idea.
Legal Standing in Australia
Australian law does not officially recognise Indigenous sovereignty, either as something that existed before colonisation or that still exists today. This is different from how some other countries, like the United States and Canada, treat their Indigenous peoples.
For example, the US recognises the ongoing tribal sovereignty of Native American nations. This allows them some self-governance and law-making powers. Canada also recognises a level of sovereignty for its Indigenous Peoples, and its courts have upheld treaties made during colonisation.
In Australia, the High Court of Australia has said that there isn't an Aboriginal Nation that has sovereignty, even a limited one. However, in the important case of Mabo v Queensland (1992), the High Court did recognise that Indigenous Australians had land rights before colonisation. These rights are now known as native title. The court said these rights were not automatically taken away when the British Crown claimed sovereignty. This decision also indirectly recognised that Indigenous sovereignty existed before colonisation.
Even though the legal system doesn't fully recognise Indigenous sovereignty in the Western sense, some legal experts believe that an agreement could be made between Indigenous Australians and the government. This agreement could recognise their traditional rights and connection to the land, using the idea of "sovereignty" as it is understood in traditional Indigenous law and custom.
Working for Change
20th Century Efforts
The ways people have worked for Indigenous sovereignty have changed over time. In the early 20th century, many Indigenous Australians fought for full citizenship rights. While they were granted nominal citizenship in 1948, many discriminatory laws and practices continued. After the civil rights movement in Australia and the Racial Discrimination Act 1975, explicit discriminatory laws ended.
After a big vote in 1967 (the 1967 referendum), more focus was placed on Indigenous sovereignty. People started asking for greater self-governance and self-determination.
In 1972, the Aboriginal Tent Embassy was set up outside Old Parliament House, Canberra in the capital city, Canberra. This was to demand recognition of Aboriginal peoples' sovereignty. They asked for land rights, mineral rights, control of the Northern Territory, and payment for stolen land.
In 1979, activist Kevin Gilbert led the "National Aboriginal Government" protest, also calling for Aboriginal sovereignty. In 1988, during the Australian Bicentenary, the "Aboriginal Sovereign Treaty '88 Campaign" pushed for a treaty between Australia and Aboriginal nations.
In 1990, lawyer Michael Mansell helped start the Aboriginal Provisional Government. This group believes Aboriginal people have always been a sovereign people. They even issue their own passports, which have been stamped in some other countries.
21st Century Efforts
The Aboriginal Tent Embassy is still there today, continuing to be a symbol of protest for Indigenous issues. It highlights the importance of Aboriginal sovereignty and the right to self-determination.
In 2012, Mick Dodson, a barrister and former Australian of the Year, spoke to Parliament. He suggested that the Constitution should acknowledge that Aboriginal and Torres Strait Islander peoples were the first people in Australia and owned the land before the British Crown claimed it without consent.
Some Indigenous groups have even declared their own independence, like the Murrawarri Republic in 2013 and the Sovereign Yidindji Government in 2014. These declarations are not recognised by the Australian Government. Michael Mansell has suggested creating a seventh state in Australia, made up of Aboriginal native title lands, with a structure similar to other state governments.
Uluru Statement and the Voice to Parliament
In 2017, the Uluru Statement from the Heart was released. It says that Aboriginal and Torres Strait Islander tribes were the original sovereign nations of Australia. This sovereignty is spiritual and has never been given up. It exists alongside the sovereignty of the Crown.
The Uluru Statement also asks for changes to the Constitution. It calls for an Indigenous Voice to Parliament to be added to the Constitution. It also asks for a Makarrata Commission to make agreements between governments and First Nations, and a process for truth-telling about Australia's history.
The Australian Government plans to hold a referendum in late 2023 to vote on adding the Voice to Parliament to the Constitution.
Blak Sovereignty
Senator Lidia Thorpe uses the term "Blak sovereignty." She believes it means not just the spiritual connection to land, but also a position of power that Indigenous peoples have always had. She wants a treaty with First Nations to be signed before the Voice is put in place. Her idea of Blak sovereignty includes creating a "Blak Republic" where Indigenous and settler Australians share power equally.
Related Issues
Treaties and Constitutional Recognition
A treaty is a legal document that defines the relationship between two independent groups. As of 2020, there are no treaties between the Australian Government and Indigenous peoples. However, some Australian states and territories are discussing the possibility of making treaties with Indigenous groups.
A treaty would be an important step in recognising Indigenous sovereignty. It would show that Indigenous peoples are independent groups, not fully represented by the Australian State.
There are also ongoing discussions about changing the Australian Constitution. These changes could recognise the prior occupation and ownership of the land by Indigenous peoples (and therefore their sovereignty). They could also include an Indigenous voice to parliament in the Constitution.
Symbolic Recognition of Land Ownership
Many public events in Australia now begin with a Welcome to Country or an Acknowledgement of Country. This is a way to show respect for the traditional owners of the land where the event is taking place. It highlights the cultural importance of the area to a specific Aboriginal clan or language group. Often, an elder from the local nation performs the Welcome to Country. Since 2008, a Welcome to Country has been part of the opening ceremony of the Parliament of Australia after each federal election.
See Also
In Spanish: Soberanía aborigen australiana para niños
