In a recent report, the Aboriginal and Torres Strait Islander Social Justice Commissioner, Katie Kiss, has called for the establishment of a new national representative body for First Nations peoples in Australia. This recommendation follows extensive consultations with approximately 1,600 Aboriginal and Torres Strait Islander individuals and organizations across 41 locations nationwide. The report, titled 'A Fair and Just Future for First Peoples: Social Justice Report 2025,' emphasizes the need for Indigenous Australians to have full participation in society and for governments to be held accountable for the failures in the 'Closing the Gap' initiatives.
The consultations revealed that many Indigenous communities feel marginalized and excluded from decision-making processes that directly affect their lives. The report highlights the necessity for a formal national representative structure where First Nations peoples can engage with parliamentary processes, inform decisions impacting their communities, and lead discussions about their futures. Commissioner Kiss stated, 'We would prefer there to be a formal national representative structural arrangement where First Peoples can feed into parliamentary processes, can be informing decisions that impact First Peoples, can be leading discussions and decisions that are about their futures.'
In addition to advocating for a new representative body, the report renews calls for a national Human Rights Act. Commissioner Kiss pointed out that while existing anti-discrimination laws prohibit discrimination, they do not prevent breaches of human rights. A Human Rights Act would embed Australia's international human rights obligations into domestic law, providing stronger protections for all Australians, including Indigenous peoples. Kiss emphasized, 'Human rights protections are in place for all Australians, not just Aboriginal and Torres Strait Islander people, for all Australians, because all Australians are literally a fall down the stairs away from having their rights violated.'
The report also recommends stronger government accountability measures, particularly concerning the 'Closing the Gap' initiatives and deaths in custody. Despite the National Agreement on Closing the Gap being signed five years ago, an independent monitoring mechanism has yet to be established. The report calls for governments to formally respond to its recommendations and suggests the creation of an independent federal investigatory mechanism for Aboriginal deaths in custody, replacing the current system where state and territory police investigate deaths within their own jurisdictions. This change aims to build trust and faith in the system, as Commissioner Kiss noted, 'It removes it from state and territory police investigating their own so that people have trust and faith in the system.'
The release of this report coincides with a federal parliamentary inquiry into racism against Aboriginal and Torres Strait Islander peoples. The evidence gathered during the consultation process aligns closely with the issues being examined by the inquiry. Commissioner Kiss expressed hope that both processes would lead to actionable outcomes rather than becoming another set of reports left unimplemented. She stated, 'We've seen 30 years of social justice reports go on shelves. We've seen major inquiry reports sitting on shelves gathering dust without recommendations implemented. The last thing we want from the inquiry is another report that gathers dust. We need action.'
This call for a new Indigenous representative body and stronger human rights protections underscores the ongoing efforts to address systemic issues faced by Aboriginal and Torres Strait Islander communities in Australia. The establishment of such a body aims to ensure that Indigenous voices are heard and considered in decisions that affect their lives, promoting a more inclusive and equitable society.