Australian Indigenous sovereignty

The rights and political movements associated with Indigenous sovereignty vary significantly and there is no consensus as to what recognising Indigenous sovereignty would entail. Some earlier activists raised the possibility of full secession from Australia;[17] however, most sought a different level of autonomy within the State. Others call for reparations, self-governance and the ability to live under traditional law unimpeded, with any future interactions between Australia and Indigenous nations to be at a minimum.[18] The recognition of an Indigenous nation under the Commonwealth has been compared with the shared responsibility and sovereignty between the states and territories and the federal government.[19]

From the 1920s until the 1967 referendum, the struggle for the rights of Indigenous Australians was expressed in terms of demands for full citizenship rights. The Nationality and Citizenship Act 1948 (Cth) granted nominal citizenship to Indigenous Australians, however the vast array of discriminatory laws and practices meant that they were citizens in name only. Only following the civil rights movement in Australia along with the passage of the Racial Discrimination Act 1975 (Cth) did explicit discriminatory laws end.[20]

However, the use of the citizenship framework to agitate for rights was not uncontroversial as this framework implicitly recognised and affirmed the authority of the Australian state. There remained great suspicion that civil rights were granted as a part of a broader cultural assimilation project by the State.[21]

Following the 1967 referendum, greater emphasis was placed on Indigenous sovereignty to call for greater self-autonomy and self-determination. New activists emerged, challenging the assumptions of the previous generation by conceptualising their struggle as that of an oppressed people rather than as minority group seeking inclusion.[22]

In 1972, the Aboriginal Tent Embassy was established on the steps of Old Parliament House in Canberra, the Australian capital, to demand recognition of the sovereignty of Aboriginal Australian peoples.[23] Demands of the Tent Embassy have included land rights and mineral rights to Aboriginal lands, legal and political control of the Northern Territory, and compensation for land stolen.[24]

In 1979 author and activist Kevin Gilbert led the "National Aboriginal Government" protest on Capital Hill, Canberra, calling for acceptance of Aboriginal sovereignty.[25][26]

In 1988, the Australian Bicentenary, the "Aboriginal Sovereign Treaty '88 Campaign" called for recognition of Aboriginal sovereignty and for a treaty to be enacted between the Commonwealth of Australia and Aboriginal nations.[27] Gilbert became chair of the Treaty '88 campaign. He defined the legal argument for a treaty or treaties and Aboriginal sovereignty in his 1987 work Aboriginal Sovereignty, Justice, the Law and Land.[26]

In 1990, Pakana lawyer and academic Michael Mansell co-founded the Aboriginal Provisional Government, based on the principle that Aboriginal people "are and always have been a sovereign people". The APC has ever since been issuing its own passports, which have been officially stamped upon entry to several foreign countries as well as Indigenous territories.[7]

The Aboriginal Tent Embassy, still in place on its 50th anniversary as of 2022,[28] remains a symbol of Aboriginal protest relating to various Indigenous issues. Protests have been held there against Aboriginal deaths in custody, the Howard government’s 2007 Northern Territory Intervention, and cuts to services. In 2020, its most prominent issues are Aboriginal sovereignty and an acknowledgement of Indigenous right to self-determination.[24] In 2012, there were seven tent embassies dotted around the nation.[29]

In February 2012, barrister and 2009 Australian of the Year Mick Dodson addressed Parliament on the subject of "Constitutional Recognition of Indigenous Australians". He raised three issues: an acknowledgement in the Constitution that the Aboriginal and Torres Strait Islander peoples were in Australia first and also in possession of the country, when the British Crown asserted its sovereignty over the whole continent, and it follows that the land was taken without consent; the second was about issues of Aboriginal identity being respected and protected within the Constitution and Australian law; and the third element related to equal citizenship under law.[30]

In March 2013, the Murrawarri Republic, comprising parcels of land in New South Wales and Queensland, announced its independence from Australia, which is not recognised nor acknowledged by the Government of Australia.[31][7]

In 2014, the Sovereign Yidindji Government, followed suit, comprising traditional land of the Yidindji nation in Queensland and the Northern Territory.[32] They issue their own postage stamps and currency.[7]

Aboriginal activist Michael Mansell argues for a seventh state, comprising Aboriginal native title lands, along with a structure similar to state governments.[7]

In 2017, the Uluru Statement from the Heart was released which stated that Aboriginal and Torres Strait Islander tribes were the original sovereign nations of the land of Australia. This sovereignty is of a spiritual nature and has never been ceded or extinguished, instead co-existing with the sovereignty of the Crown.[33]

The document also calls for constitutional changes and reform such that "this ancient sovereignty can shine through as a fuller expression of Australia’s nationhood". The reforms sought are a constitutional amendment to provide for an Indigenous Voice to Parliament, a Makarrata Commission to engage in agreement making between governments and First Nations, and a truth-telling process.[33]

A referendum to establish the Voice to Parliament, as required for any constitutional amendments, was announced by the Albanese Government and is scheduled for 14 October 2023.[34] As part of the debate over the Voice, Lidia Thorpe, an independent Senator originally elected as a Green, expressed concerns that the Voice model would impact Indigenous sovereignty.[35] However, government ministers, constitutional and international law scholars, and Voice advocates such as Megan Davis and Noel Pearson say that these concerns are baseless.[3]

After defecting from the Australian Greens in February 2023 ahead of the referendum, Lidia Thorpe said that she wished to lead the "Blak sovereignty" movement, and called for a treaty with First Nations to be signed before the implementation of the Voice.[36][37][38][39] Her idea of Blak sovereignty includes the creation of a Blak Republic (as a replacement of the current constitutional monarchy) with shared sovereignty and equal power between Indigenous and settler Australians as an ultimate goal.[40][41] Her concept of sovereignty refers not just to the "native title definition that our sovereignty is a spiritual notion", but also "a position of power in this country that we've always had and that we will always have until we come to a peace agreement to be able to unite this country once and for all".[7]

A treaty is a legal document defining the relationship between two sovereign entities. As of 2020 there are no treaties between the Australian Government and Indigenous peoples of Australia;[42] There are ongoing negotiations in some states and territories of Australia on the possible crafting of treaties between Indigenous peoples and governments.

A treaty between the Australian government and the country's First Peoples would at a minimum recognise symbolically Indigenous sovereignty through recognising them as independent actors not totally represented currently by the State of Australia.[43]

There have also been moves towards constitutional changes both to recognise prior occupation and ownership (and thus sovereignty), and an Indigenous voice to parliament enshrined in the Constitution.

Many public events in Australia, including ceremonies, speeches, conferences and festivals, begin with a Welcome to Country or Acknowledgement of Country, intended to highlight the cultural significance of the surrounding area to a particular Aboriginal clan or language group. They are often made by elders of the nation on whose traditional lands each event is taking place. Since 2008, a Welcome to Country has been incorporated into the ceremonial opening of the Parliament of Australia, an event which occurs after each federal election.[44]