Enhancing Indigenous Engagement in Australian Climate Policy

Connor Dane Wright The University of Melbourne Office of Environmental Programs Fellow

Executive Summary

This paper addresses the critical issue of the historical marginalisation of Indigenous Australians in climate policy discussions. Despite their vulnerability to climate change and the valuable knowledge they hold for mitigation and adaptation efforts, Indigenous Australians have been consistently underrepresented in decision-making processes. This underrepresentation is a legacy of colonialism and systemic marginalisation, resulting in insufficient political commitment to Indigenous voices in climate discussions. The urgency of this issue was highlighted by Indigenous leaders at the 2022 United Nations Climate Change Conference (COP27), who called for direct involvement in decision-making and integration of their knowledge into climate policy.

To address this issue, several policy options were considered, however one recommendation has been made as the most effective in overcoming these barriers, an “Aboriginal and Torres Strait Islander Council on Climate Change”. This policy recommends the formation of a council with veto power over policies affecting Indigenous lands and communities, ensuring direct Indigenous influence in climate policymaking. Estimated cost: $5 to $10 million annually from the federal budget.

Problem Identification

The problem to be addressed is the historical and current marginalisation of Indigenous Australians in climate discussions. Indigenous Australians are disproportionately vulnerable to climate change. This is due to many factors such as:

1. Social and Political Marginalisation 

Historical and ongoing marginalisation of Indigenous Australians will result in policies and initiatives that will harm and or fail to address the needs of people and communities. By failing to adequately address these needs while adopting wider adaptation strategies, the vulnerability of Indigenous Australians to the effects of climate change will increase. 

1. Economic disadvantage 

Due to historical disempowerment and exclusion from Australia's economic systems Indigenous people and communities face much higher levels of poverty and economic disadvantage. Thus restricting access to resources both political and financial that can help adapt and mitigate the effects of climate change. 

1. Location 

Many communities are situated in remote and rural locations. These  areas are most vulnerable to extreme weather events such as floods, droughts and bushfires and often have less resources to deal with such catastrophes.

1. Cultural Connection to Land 

Indigenous Australians have a deep connection both cultural and spiritual to their respective lands. This is integral to their identity and way of life. The many disastrous effects of climate change will disrupt these connections in many different ways, such as affecting sacred sites, disrupting seasonal patterns and impacting traditional practices and knowledge. 

1. Health inequality

The health gap for Indigenous Australians compared to the majority of the country is still very large. This increases vulnerability to the numerous health impacts of climate change such as heat-related illnesses, infectious diseases, respiratory issues and mental health, amongst others.

1. Intergenerational Knowledge

Many knowledge systems related to precise ecological timings have been passed down through countless generations. Significant changes in  the environment will disrupt these knowledge systems and practices destroying a community’s way of life. This stems from historical injustices, inadequate representation, and insufficient political commitment. 

At the United Nations Climate Change Conference (COP27), Indigenous leaders expressed the need for their voices to be heard and for their knowledge and practices to be integrated into climate policy (Ruben, 2022) (Gaunt, 2022). They emphasised the disconnect between stakeholders, such as Indigenous groups, and final decision-makers, calling for Indigenous peoples to be directly involved in making decisions about climate change (Gaunt, 2022). Addressing this is vital for effective climate action to ensure policies are efficient in tackling inequalities, particularly because Indigenous Australians hold valuable knowledge that can be used in many mitigation and adaptation efforts. Neglecting these risks can exacerbate inadequate climate policies and worsen impacts on Indigenous communities and society.

Context

Indigenous representation

The underrepresentation of Indigenous Australians in decision-making roles can be traced back to historical precedents rooted in colonialism and systemic marginalisation. When European settlers arrived in Australia, they imposed their own legal and social structures, disregarding the existing cultures, governance, and knowledge systems of Indigenous peoples (ALRC, 2010). This led to the exclusion of Indigenous voices from key decision-making processes, a trend that persisted over centuries. Laws and policies, such as the Terra Nullius doctrine and assimilation policies, further disenfranchised Indigenous Australians, limiting their access to education, legal rights, and political representation (Cronin, 2017). This historical marginalisation created long-lasting barriers to participation in decision-making roles, contributing to the ongoing underrepresentation of Indigenous Australians in these areas. The effects of this history are still evident today; since the founding of Australia, there have only been 52 Indigenous Australians to hold office in any Australian parliament (APH, 2021).

With 3.8% of the population identifying as Indigenous Australian or Torres Strait Islander (AIHW, 2021), Indigenous Australians only hold less than 1% of senior leadership roles across corporate Australia. Furthermore, representation is poor at other high corporate levels, with Indigenous Australians constituting only 0.7% of senior management and executive leadership positions among the surveyed employers (Minderoo Foundation, 2022). This number is similarly reflected in the higher education workforce with 1% being Aboriginal and/or Torres Strait Islander people (NIAA, 2019). This statistic suggests a relatively small but significant presence of Indigenous Australians in the academic sector across various disciplines.

The Australian government has so far implemented several initiatives to support Indigenous communities to participate in climate change adaptation and mitigation. For example, the Indigenous Rangers Program, managed by the National Indigenous Australians Agency (NIAA), focuses on empowering Indigenous communities to manage and conserve their land and sea territories (NIAA, 2016). Additionally, the National Climate Resilience and Adaptation Strategy, although not exclusively for Indigenous communities, emphasises stakeholder engagement with Indigenous organisations to enhance Australia's resilience to climate change impacts (DCCEEW, 2021). Furthermore, Indigenous Knowledge and Research grants, such as the ARC Centre of Excellence for Indigenous and Environmental Histories and Futures and the Intergenerational cultural transfer of Indigenous knowledges, are pivotal in supporting Indigenous-led research (RGS, 2022).

While these initiatives are a good first step the true measure of success lies in sustainably increasing the proportion of Indigenous decision-makers in environmental governance. While “engaging with Indigenous stakeholders” is important, it doesn’t increase Indigenous representation in leadership positions where they can directly influence policy and decision-making processes. 

On a state-based level, the Victorian Aboriginal Affairs Framework (VAAF) is a policy developed by the Victorian Government in Australia which aims to promote Aboriginal self-determination. The framework provides a comprehensive approach to involving Indigenous communities in decision-making processes which includes those related to climate change (First Peoples - State Relations, 2018). These policy decisions primarily affect Indigenous Australians and involve key stakeholders like government agencies and NGOs.

This framework is underpinned by much of the same problems as is highlighted above. There is no concrete action outlined in the supporting documents or hard legislation that underpins how government agencies should operate or be restructured to include more Indigenous voices in these institutions; only the vague notion of “recognising Traditional Owners as key stakeholders”. In essence, it is a framework that can be used as a stepping stone for better legislative change in the future and certainly an outline on how to engage Indigenous communities in these decision making processes.

The Department of Climate Change, Energy, the Environment and Water (DCCEEW) has also established an Indigenous advisory committee that operates under the Environmental Protection and Biodiversity Conservation Act (EPBC). The Committee is made up of experts in Indigenous Land and sea management, biodiversity and cultural heritage (DCCEEW, 2024). While the selection of experts and its requirements are a great way to uplift Indigenous experts in these matters, it has clear limitations. These include:

1. It does not act as a representative group for Indigenous community interests.

2. It is not a mechanism to gain insight for stakeholders unless specifically requested. 

3. It is an advisory body only. 

Committees like this have no institutional power when it comes to effecting change, as an advisory board the Minister for the Environment can choose to ignore the recommendations the committee provides. This is not uncommon when institutions want to appear as if they are engaging with Indigenous Australians. 

An example of committees such as this “overstepping their boundaries” can be seen in the Queensland Police First nations Advisory Board. After its formation in 2022 every member of the board was dismissed in February 2024 after Queensland police repeatedly refused to meet and enact recommendations (Butler, 2024). There is no legislative firework that stops DCCEEWs Indigenous advisory committee from being subjected to the same treatment. 

Options

To enhance Indigenous Australian representation in climate change decision-making, a critical measure of success would be the increased number of Indigenous decision-makers in policy development and implementation, as outlined by COP27 leaders. This shift towards greater representation ensures climate change policies are not only culturally sensitive and tailored to the specific needs of Indigenous people and communities, but are also directly influenced by those with inherent understanding and experience of these needs.  There are several ways this can be achieved through policy mechanisms with increasing levels of political viability.

1.   Aboriginal and Torres Strait Islander Council on Climate Change

The council would advise the government and have veto power on policy relating to Indigenous people and their land. This would allow a direct empowerment of Indigenous people and communities by giving them direct influence over policies affecting their lands and lives. 

It would ensure Indigenous knowledge and perspectives are central in policymaking, leading to more culturally appropriate and effective climate solutions. However, the veto power of the council does have the potential to ignite conflicts between government objectives. Therefore, careful structuring is needed to balance power along with a Terms of Reference the council must adhere to. Members would include Indigenous experts in environmental science, climate change, Indigenous rights, and cultural heritage. This ensures that the council has the necessary expertise to make informed decisions. 

The implementation of such a council would mark a dramatic shift in current Australian state and federal policies. While frameworks such as the VAAF outline the desires of governments in how they want to work towards eventually including Indigenous voices in their decision-making practices, this proposal is a concrete and tangible way to achieve that. Australian federal and state policies have been moving towards greater inclusion of Indigenous voices, but often lack direct empowerment mechanisms. Policies may recognise the importance of Indigenous knowledge and perspectives but often do not grant veto power or direct policy-making authority.

This is a highly effective option for this policy proposal’s measure of success as it directly empowers Indigenous communities with veto power and centralises their perspectives in policy making.

2.   Establishing a federal taskforce to help states implement State-Level Policy Development similar to VAAF

This policy would promote the adoption of a successful framework across states and territories, encouraging active engagement of state governments with Indigenous communities. This would be a voluntary measure, roundtables that state governments could opt into to receive in terms of support from this taskforce. While this could lead to more uniform Indigenous involvement, there might be inconsistencies in representation and effectiveness across regions. Therefore while the taskforce should help model the policy on the framework of the VAAF, emphasising respect for Indigenous knowledge and self-determination the support will not be rigid in structure.

This, unfortunately, is quite an ineffective option for achieving the outlined “measure of success”. It promotes the adoption of Indigenous-inclusive frameworks across states and could be a stepping stone for better state-based change in the future. However, its voluntary nature, compounded with its potential regional inconsistencies and no legislative guarantee of tangible change after the establishment of the framework, limits its impact on increasing Indigenous climate change decision-makers sustainably.

3.   Establishing a “Leaders in Indigenous-Led Climate Action” Scholarship fund.

Offering financial support for Indigenous Australians to study policy and climate science aims to build long-term leadership capacity. It removes financial barriers to education, potentially increasing Indigenous voices in these fields. However, the impact of this educational approach on immediate policy changes may take time to materialise.

This option is potentially effective for the proposal’s “measure of success” but only in the long term, as it builds leadership capacity among Indigenous Australians in policy and climate science, but its impact on immediate governance roles may be gradual.

Policy Recommendation

Option 1

The formation of an Aboriginal and Torres Strait Islander Council on Climate Change is recommended as a radical approach to ensure Indigenous Australian voices are not just heard, but are pivotal in climate-related decision-making. This council, led by Indigenous leaders and Indigenous climate experts, would directly advise the government and have the authority to veto policies affecting Indigenous lands and communities, thus ensuring that Indigenous perspectives are integral to policymaking.

The Victorian Aboriginal Affairs Framework is an example of current efforts to include Indigenous voices in decision-making. However, these frameworks often operate within the existing power structures and may not provide the same level of direct influence proposed for the Aboriginal and Torres Strait Islander Council.

The implementation of such a council would mark a dramatic shift in current Australian state and federal policies. While frameworks such as the VAAF outline the desires of governments in how they want to work towards eventually including Indigenous voices in their decision-making practices, this proposal is a concrete and tangible way to achieve that. Australian federal and state policies have been moving towards greater inclusion of Indigenous voices, but often lack direct empowerment mechanisms. Policies may recognise the importance of Indigenous knowledge and perspectives but do not grant veto power or direct policy-making authority.

The federal government, in partnership with Indigenous communities and environmental groups, would be responsible for establishing the Council. This collaborative approach ensures both legitimacy and a broad range of perspectives. Key stakeholders would include Indigenous community leaders/state representative bodies, Indigenous climate scientists,  Indigenous policy and cultural heritage experts as well as Indigenous Government officials. The council would have at least one representative from each of these stakeholder groups for a total of 20 - 15 members.

An example breakdown would look like this:

1. Indigenous community leaders/state representative bodies - 6-8 members 

2. Indigenous Climate Scientists - 3-4 members 

3. Indigenous Policy experts - 3-4 members 

4. Indigenous Cultural heritage experts - 2-3 members 

5. Indigenous Government officials - 2-3 members 

Considering the scope and significance of this council, funding would be required from the federal budget, specifically from allocations to Indigenous affairs and environmental programs. Drawing parallels from other advisory bodies such as the Aged Care Advisory council (Australian Government, 2021), a preliminary estimate would be approximately $10 million annually, covering operational costs, research, and consultation processes.

Success would be measured by the integration of Indigenous knowledge in climate policies, the number of policies influenced, and the qualitative feedback from Indigenous communities. Regular reports and assessments by an independent body will be conducted and should provide transparency and accountability.

The potential for conflicts between Indigenous perspectives and governmental objectives poses a significant challenge. This can be mitigated through a well-defined Terms of Reference for the council, clear guidelines on the use of veto power, and regular roundtable events or dialogues with government officials  to ensure alignment with broader environmental and national goals

Risks

 Social Risks

There's a potential for the broader Australian community to perceive the Council's veto power as overly restrictive or biassed. This could lead to divisions between Indigenous and non-Indigenous communities, especially in areas where climate policies have significant social impacts.

To mitigate this, public awareness campaigns and transparency actions must be undertaken to inform the public of the function and outcomes of the Council.

Cultural Risks

While the Council aims to empower Indigenous voices, there's a risk of internal cultural conflicts among Indigenous groups with differing views on climate policies. Balancing these diverse perspectives and ensuring that no single group dominates the Council's decision-making will be crucial but challenging.

To counter this, a clear mechanism for managing internal conflicts must be established within the Terms of Reference and allow for differing viewpoints to be balanced. 

Political Risks

Politically, the establishment of such a Council with veto power could be contentious. It might face opposition from parties or politicians who view it as a limitation on governmental authority or a hindrance to economic development. This opposition could manifest in political pushback or attempts to undermine the council's authority.

To mitigate this risk, the Council must work proactively and constructively with policy makers and government officials to make sure broader governmental objectives are still considered. 

Economic Risks

The Council's decisions could potentially impact industries and sectors tied to land use and environmental resources. For instance, vetoing certain development projects might benefit environmental outcomes, but could also affect jobs and local economies, leading to economic pushback and pressure on the Council.

Ongoing assessments of Council decisions should  be conducted and plans to mitigate potential impacts must also be tabled. 

References

AIHW. (2021). Profile of First Nations people. Australian Institute of Health and Welfare.https://www.aihw.gov.au/reports/australias-welfare/profile-of-indigenous-australians

ALRC. (2010). Australian Law as Applied to Aborigines. ALRC. https://www.alrc.gov.au/publication/recognition-of-aboriginal-customary-laws-alrc-report-31/4-aboriginal-customary-laws-and-anglo-australian-law-after-1788/australian-law-as-applied-to-aborigines/

APH. (2021). Indigenous Australian parliamentarians in federal and state/territory parliaments: A quick guide (Australia) [Text]. https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp2021/Quick_Guides/IndigenousParliamentarians2021

Australian Government. (2021). Budget 2021-22. Commonwealth of Australia.

Butler, D. (2024). Queensland Police have dismissed the members of their Indigenous advisory body. NITV. https://www.sbs.com.au/nitv/article/queensland-police-have-dismissed-the-members-of-their-indigenous-advisory-body/0qbzciy0n

Cronin, D. (2017). Trapped by history: Democracy, human rights and justice for indigenous people in Australia. Australian Journal of Human Rights, 23(2), 220–241. https://doi.org/10.1080/1323238X.2017.1373739

DCCEEW. (2021). National Climate Resilience and Adaptation Strategy—DCCEEW. https://www.dcceew.gov.au/climate-change/policy/adaptation/strategy

DCCEEW. (2024). Indigenous Advisory Committee operating under the EPBC Act. https://www.dcceew.gov.au/environment/epbc/our-role/advisory-committees/iac

First Peoples - State Relations. (2018). Victorian Aboriginal Affairs Framework 2018-2023. http://www.firstpeoplesrelations.vic.gov.au/victorian-aboriginal-affairs-framework-2018-2023

Gaunt, J. (2022, November 23). Indigenous People at COP 27: The struggle to be heard. Tenure Facility. https://thetenurefacility.org/article/indigenous-people-at-cop-27-the-struggle-to-be-heard/

Minderoo Foundation. (2022). Indigenous Employment Index. https://www.minderoo.org/indigenous-employment-index

NIAA. (2016, March 18). Indigenous Rangers Program [Text]. National Indigenous Australians Agency. https://www.niaa.gov.au/indigenous-affairs/environment/indigenous-rangers-program

NIAA. (2019). Education | Closing the Gap. https://www.niaa.gov.au/sites/default/files/reports/closing-the-gap-2019/education.html

RGS. (2022). RGS Grant—Grants Data Portal. https://dataportal.arc.gov.au/RGS/Web/Grants/LP210301390

Ruben, E. (2022, November 16). Indigenous representatives make an impact at COP27. National Indigenous Times. https://nit.com.au/16-11-2022/4312/indigenous-representatives-make-an-impact-at-cop27

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The views and opinions expressed by Global Voices Fellows do not necessarily reflect those of the organisation or its staff.