When Linda Burney delivered her inaugural speech in Parliament, the first Indigenous woman elected to the House of Representatives declared that "...these lands are, always were and always will be Aboriginal land – sovereignty never ceded."

It is a phrase repeated at rallies, marches and community gatherings across the country.

But what does it mean?

What is Blak Sovereignty?

Sovereignty refers to the ultimate power or authority over a people or territory — a power that cannot be overridden by another entity.

For First Peoples, the phrase "sovereignty never ceded" is a statement regarding the fact that when Britain colonised the continent in the 18th century, it relied on the legal fiction of terra nullius — the idea that the land belonged to no one — to deny Indigenous sovereignty. It was a only overturned in 1992 through the High Court's Mabo decision.

Aboriginal activist and scholar Gary Foley previously noted the absence of an Aboriginal embassy in Canberra — before the tent embassy was established in 1972 —was an indication that Aboriginal people were treated like aliens in their own land.

Long before colonisation, Aboriginal and Torres Strait Islander peoples had established systems of lore, politics, culture and social organisation. Crucially, no Indigenous nation ever consented to British rule. Unlike Aotearoa / New Zealand, which signed the Treaty of Waitangi with some Māori clans in 1840, no treaty has ever been reached in Australia with First Peoples.

The Uluru Statement of the Heart states that sovereignty is a "spiritual notion: the ancestral tie between the land, or 'mother nature', and the Aboriginal and Torres Strait Islander peoples who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors".

"It has never been ceded or extinguished, and co-exists with the sovereignty of the Crown."

"Blak Sovereignty" refers to the idea that First Nations peoples should have the ultimate authority over their own lives, decisions and governance on their lands. The principle has grounding in international law, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The Aboriginal Tent Embassy in Canberra has been a longstanding symbol of the fight for sovereignty. Caretaker Murriguel Coe told the ABC in 2023: "We say that sovereignty is self-determination of ourselves, that we have the right to practise our culture, the right to practise our religion, the right to practise our lore.

"We're sick of the government making decisions for us."

Independent Senator Lidia Thorpe has been one of the most vocal advocates for Blak Sovereignty, and said after leaving the Greens in 2023: "This country has a strong grassroots black sovereign movement, full of staunch and committed warriors, and I want to represent that movement fully in this Parliament."

She previously told Junkee in 2022: "We need Blak people, First Nations people in this country to be in the driver's seat so that we are self-determining in a way that we have for so long."

"We have maintained our sovereign status in our own country since forever. We are not about to cede our sovereignty."

What is Self-Determination?

The Australian Human Rights Commission defines self-determination as "an ongoing process of ensuring that peoples are able to make decisions about matters that affect their lives".

For First Nations peoples, it is about having control over the policies and decisions that directly shape their communities, their lives. It comes after more than 200 years of policies that have too often negatively impacted First Nations people, without their input.

This principle is enshrined in UNDRIP. Article 3 states: "Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."

Article 4 further adds that, "Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions".

In Victoria, the Treaty process between the state government and the First Peoples' Assembly is seen as a practical step toward self-determination. Assembly co-chair Rueben Berg said in 2024 the body represents "a strong and optimistic example of self-determination in action".

"This is why our focus is wresting back from Government our own freedom and power to make the decisions about our communities, our cultures, and our Country. We know ourselves better than anyone else does," he said.

"Everyone wants the ability to set their course in life, to get ahead and look after their loved ones. But, by and large, this is what has been denied to our people since invasion. We've been actively excluded from enjoying the economic benefits generated by our lands."

The bottom line

At its core, Blak Sovereignty is about recognition that Indigenous sovereignty was never ceded, and self-determination is about ensuring First Nations peoples have the authority to shape their own futures.

Without these principles being respected and embedded in law and policy, it has been argued that Australia cannot begin to resolve its colonial legacy or attempt to achieve justice for First Nations peoples.