One year on from the 2023 Australian Indigenous Voice Referendum defeat, WA Premier Roger Cook and Aboriginal Affairs Minister Tony Buti have been tight-lipped on anything to do with Aboriginal and Torres Strait Islander West Australians on this anniversary.
As we move through a sad moment in our nation's history, the leadership in WA on any state elected voice, a treaty process, or a truth and justice commission, leaves much to be desired.
In Victoria, a First Peoples' Assembly was established in 2018 after a brave political battle with the coalition who did not support the landmark legislation. The Cook administration, much like the McGowan administration, have refused to have that battle. Victoria has been in a treaty process for some years, and have had a Truth and Justice Commission, known as the Yoorrook Justice Commission. On writing to Cook directly on this matter, I received no response.
There has been some misinformation regarding a treaty and a voice in WA. The Noongar Boodja Trust maybe many things, but is not a treaty, nor is it a voice, and it clearly has no interest in establishing a truth and justice commission. The Noongar Boodja Trust—which still struggles with its corporate leadership model—is not Indigenous government on terms created by First Nations people, and cannot reasonably be accepted as such. In 2022, this trust found its deed to be unworkable, leading to Supreme Court proceedings.
Recently, the South West Aboriginal Land and Sea Council (SWALSC) and the six regional Aboriginal organisations established by non-Indigenous people to manage $1.3b of Aboriginal money had a very public dispute. This level of disharmony, paired with a lack of Indigenous elected positions determine that the repetitive corporate structure in WA is failing First Nations people. Surely it is time to try something new.
On 22 August 2024, the Minister for Aboriginal Affairs announced the appointments of nine new members—and re-appointment of two existing members—to the Aboriginal Advisory Council. Unlike a First Peoples' Assembly, these appointments are made by government and not elected by First Nations West Australians.
If merely handpicking and appointing Aboriginal people to such a council were effective, why are we faced with so many crises among our people and their fair access to lands and waters? Why are so many of our youths in detention, or missing?
Back in 2021, the State controversially reversed an Aboriginal Cultural Heritage Act, due to the government's impatience and inability to work for First Nations West Australians on matters pertaining to our consultation and consent. This move attracted criticism from the United Nations, who determined that the decision likely breached racial discrimination conventions.
The United Nations Committee on the Rights of the Child has repeatedly raised concerns about the treatment of children in Australia's child justice systems and has made recommendations for the rights of children to be fully realised and achieved. The Cook Government has inherited McGowan's approach to these issues, with no solution in sight.
The lack of a plan forward strikes a dire note for many First Nations West Australians. It is disappointing that we continue to be the political football the proposed federal voice to parliament sought to remedy, one year ago. It is clear that my generation has much work to do.
Jesse J. Fleay is a Noongar writer and research specialist across major policy areas. His doctoral thesis explores a model for an Australian republic, along with calls to enact a Voice to Parliament for First Nations Australians. He believes in justice, and fairness in society and only works with people committed to First Nations people, and their self-determination. Views expressed are his own.