This federal election raises a real conundrum for Aboriginal people who saw a defeat of our constitutional referendum for a Voice and process of treaty and truth telling.

There's no doubt we're witnessing a retreat from a commitment to Indigenous rights, and an era of racism that belongs well and truly in the past. Since the referendum we've also seen the ALP, once known to be friends, retreat from justice and human rights for our people. The referendum is interpreted to mean No to our people regardless of the racism underlying it and our rights as Indigenous peoples.

There's no progress on the implementation of the Senate Inquiry's concerning the UN Declaration on the Rights of Indigenous Peoples or Aboriginal cultural heritage laws. We see policy developments in mining and heritage, instead of binding laws, as well as investment into Aboriginal businesses which will only ever benefit a few. The narrative that non-binding protocols, non-legislative approaches to managing our issues including extraction industries and corporations is seriously problematic and regressive for First Nations rights.

The commitment to the dedicated national action plan on violence against Aboriginal women and children is one of the few positives as well as the appointment of a national Aboriginal Children's Commissioner, but these were hard fought for by Aboriginal women who still have no independent voice to government.

The Coalition of Peaks working closely with the government, tied to their funding agreements, can't speak freely and publicly on behalf of communities and our interests. The Coalition persists in the Close the Gap policy in the face of shocking violations of fundamental human rights in law and justice especially and leading now to the most regressive law reforms witnessed in this country.

These laws target Aboriginal children and are associated with children dying in custody. They're now subject of an Early Warning Urgent Action Communication that I recently authored to the UN Committee on the Elimination of Racial Discrimination, which prohibits systemic racial discrimination.

We must call out to UN bodies because our governments, including the federal ALP, are failing to uphold and protect the rights of Aboriginal children. Even refusing to sign or ratify the Optional Protocol to the Convention on the Rights of the Child so Aboriginal children whose rights are abused can bring that before the UN treaty body.

We have heard so little from the federal government about this dire situation. Meanwhile the NT lowered the age of criminal responsibility to a mere 10 years of age, Queensland increased life sentences for children and removed the principle of detention as a measure of last resort, Victoria passed bail laws that will see more children incarcerated even though prisons are overflowing with children not even sentenced, and WA continues to incarcerate children in adult prisons subjecting them to inhumane practices including solitary confinement that costs them their very lives.

Under the UN Declaration on the Rights of Indigenous Peoples Indigenous peoples have the right to participate in decision-making through their own representative institutions. This goes to the heart of Voice. And just because Voice lost at referendum, following a campaign derivative of American politics and funded by billionaires and fossil fuel companies, funding political lies and deceit, doesn't mean we should abandon advocacy to be heard as peoples. This includes the right to free, prior and informed consent before measures affecting us are adopted or implemented, as stated in Article 19 (of the UNDRIP).

Article 18 provides we have the right to participate in decision-making through representatives we have chosen. Why can't we advocate for an elected representative body for First Nations people?

As the campaign closes, the racism of the Liberals and CLP is on display - but the ALP's failure to respect UNDRIP and Aboriginal voice, gives us little hope in this 2025 election.

Dr Hannah McGlade is a Kurin Minang human rights expert, law academic and member of the United Nations Permanent Forum on Indigenous Issues.