The Productivity Commission has urged the Australian government to introduce legislation to enable Aboriginal and Torres Strait Islander communities to protect their cultures from misappropriation in arts and crafts, as a new report out Tuesday 13 December revealed at least two of every three products in the quarter-billion dollar Indigenous-style souvenirs market are fake, with no connection to Aboriginal and Torres Strait Islander people.
The report found that many visual arts and crafts misappropriate sacred cultural symbols and stories, defying customary laws and causing harm and offence. The Productivity Commission recommended comprehensive action to tackle the problem.
While sales of Aboriginal and Torres Strait Islander visual art totalled $250million in 2019-20, $54million of that was spent on non-Indigenous products.
Commissioner Romlie Mokak said "inauthentic Indigenous-style products mislead consumers, deprive Aboriginal and Torres Strait Islander artists of income and disrespect cultures".
"Communities have limited legal avenues to stop their cultures from being used without permission and out of context," he said.
"Mandatory disclosure where products are not made or licensed by an Aboriginal and Torres Strait Islander person would steer consumers toward authentic products and put the compliance burden on those producing fake products, not Aboriginal and Torres Strait Islander artists."
Commissioner Lisa Gropp said that in combination with new cultural rights legislation, the Commission considers mandatory disclosure to be "a more proportionate and practical response than trying to ban inauthentic products".
The Commission found that annual sales of Aboriginal and Torres Strait Islander visual arts and crafts, including souvenirs, were at least $250 million, supporting thousands of jobs, many in remote communities, and are a major drawcard for tourists.
The report also found that while many Aboriginal and Torres Strait Islander artists engage successfully with art dealers, galleries and consumers, often through community-controlled art centres, there remain cases of unscrupulous behaviour towards artists, and Aboriginal and Torres Strait Islander people remain under-represented in management and leadership roles in the sector.
The Commission recommends strengthening the support available to artists through the Indigenous Art Code, and reviewing the adequacy and effectiveness of government funding, to ensure it aligns with community priorities, and supports future growth in the Aboriginal and Torres Strait Islander visual arts and crafts workforce.
Minister for Indigenous Australians, Linda Burney, said inauthentic arts and crafts prevent Aboriginal and Torres Strait Islander artists and businesses from receiving fair returns for their work and talent.
"Arts and crafts are central to expressing culture, sharing traditional stories, connecting to Country, and provide valuable employment and economic opportunities for First Nations peoples," she said.
"This Productivity Commission report states that about 60 per cent of international visitors make purchases of art with an even higher percentage of inauthentic 'Indigenous-style designs' available on the digital image market.
"This needs to change and we will carefully review the recommendations from the final report as part of our commitment to advancing an ethical marketplace that empowers First Nations artists to protect their cultural assets."
Minister Burney said it is necessary to strengthen the capacity of the sector and minimise the prevalence of unauthorised products, to better support Aboriginal and Torres Strait Islander artists and businesses to continue creating arts and crafts products, and be fairly remunerated.
