INTRODUCTION
The human rights situation of Aboriginal and Torres Strait Islanders in Australia remains an ongoing concern, which is heightened by systemic racism, inequality, and failures in policy implementation (Australian Human Rights Commission, 2024). Although some progress has been made in legal protections and political recognition, these indigenous groups continue to face significant barriers. Thus, this article examines the ongoing human rights challenges that Aboriginal and Torres Strait Islanders face to shed light on the issue.
CURRENT ISSUES
2.1 Youth Justice
A critical issue in the fight for Aboriginal rights is the youth justice system, where Aboriginal children are disproportionately impacted by Australia’s punitive approach to youth crime. In April 2025, human rights advocates Hannah McGlade and Megan Davis submitted a complaint to the United Nations Committee on the Elimination of Racial Discrimination, arguing that Australia’s harsh youth justice policies disproportionately affect Aboriginal and Torres Strait Islander children in violation of international human rights standards (Wellauer, 2025). For example, the Victorian government recently announced that it will introduce tougher bail tests that will punish repeat offenders, which will be the “toughest in Australia” (Maxwell & Gooley, 2025). Concerns have been raised over these reforms since allowing bail for youth offenders can save their lives instead of condemning them.
The complaint also highlighted troubling practices, including the incarceration of young children, the use of spit hoods, and solitary confinement (Wellauer, 2025). According to the complaint and the data from the Australian Institute of Health and Welfare, in 2024, two-thirds of youths aged 10 to 17 who were in detention were Indigenous, despite this group making up only 6.6 percent of the total youth population. In other words, Indigenous children were found to be 27 times more likely to be in detention than their non-Indigenous peers (Wellauer, 2025).
In addition, the advocates argued that these punitive measures fail to address the root causes of youth crime, such as poverty, inadequate healthcare, and unstable housing. Moreover, the head of the Secretariat of National Aboriginal and Islander Child Care (SNAICC) also pointed out that systemic neglect and societal failures often push Indigenous children into the justice system. Thus, the complaint urged the United Nations (UN) to hold Australia, particularly the Northern Territory, including Queensland and Victoria, accountable for these discriminatory practices and to advocate for reforms that prioritise the rights and well-being of Indigenous youth (Wellauer, 2025).
2.2 Systemic Racism and Health Disparities
Systemic racism is another obstacle to Indigenous rights in Australia. As Race Discrimination Commissioner Giridharan Sivaraman stated,
Systemic racism, in law, policies, and service delivery, has serious and ongoing consequences, including poor mental and physical health, economic disadvantage, over-incarceration, and social exclusion (Australian Human Rights Commission, 2024).
This racism deeply affects the health and justice of Indigenous peoples, contributing to poorer health outcomes and higher mortality rates (Australian Human Rights Commission, 2024).
Data from the National Aboriginal and Torres Strait Islander Health Measures Survey collected from August 2022 to April 2024 showed some alarming statistics: 15.5 percent of Indigenous adults had diabetes, 25.7 percent had high cholesterol levels, and 26.6 percent were vitamin D deficient (Australian Bureau of Statistics, 2025). These health issues are also exacerbated by food insecurity and discrimination. Between 2022 and 2023, 41 percent of Aboriginal households experienced food insecurity, and over 24 percent felt that they were treated unfairly due to their Indigenous identity (Australian Bureau of Statistics, 2024). In terms of life expectancy, Aboriginal Australians have a significantly lower life expectancy than that of non-Indigenous people. In 2023, life expectancy for Aboriginal males was 71.9 years, which is 8.8 years less than non-Indigenous males (80.6 years). For females, life expectancy was 75.6 years, which is 8.1 years less than non-Indigenous females (83.8 years) (Australian Bureau of Statistics, 2023). Cultural barriers in accessing healthcare also still exist, as mainstream services are not equipped to meet the needs of Indigenous communities, and this contributes to higher rates of chronic conditions, including diabetes, heart disease, and mental health disorders.
2.3 Land Rights
Land is culturally, spiritually, and economically important to Aboriginal Australians. However, the struggle for land rights has always been an ongoing concern. In a recent legal win in the case of Commonwealth of Australia v Yunupingu, the High Court of Australia ruled in favour of the indigenous clan and affirmed that “native title is a property right, and if it is taken away by the Commonwealth, native title holders are entitled to compensation on just terms” (Australian Human Rights Commission, 2025).
However, in another recent case, an Aboriginal group, the Yindjibarndi Ngurra Aboriginal Corporation, is seeking compensation in the amount of 1.8 billion Australian dollars from the Western Australian government for allowing a mining giant, Fortescue Metals Group, to develop an iron ore project on their ancestral land without a proper land-use agreement (Al Jazeera, 2025). The Aboriginal group argued that the project caused significant harm to their lands and culture and resulted in trauma to their community. The Federal Court of Australia is expected to issue a ruling on this issue by the end of this year (Al Jazeera, 2025).
These cases show that, while native titles have been recognised through landmark legal victories, many Aboriginal communities still lack control over their ancestral lands, and this continues to affect their cultural practices and community. Moreover, despite some progress with land title settlements and recognition of heritage sites, Aboriginal communities are still left with limited resources to properly protect and manage their ancestral territories.
STEPS FORWARD
In October 2023, a referendum was held to determine whether the Australian Constitution should be amended to recognise Aboriginal and Torres Strait Islander people by establishing a “Voice to Parliament”. However, the referendum was unsuccessful and was not passed (National Indigenous Australian Agency, 2024). Since then, there has been little policy advancement in promoting Indigenous rights. Some politicians have even expressed opposition to increasing recognition, with proposals to remove the Aboriginal and Torres Strait Islander flags from government press conferences (Stanford, 2025).
Given the current policy stagnation, it seems apt to continue raising Indigenous issues to international standards. A key recommendation is to fully implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which has been ratified by Australia but remains largely unimplemented in practice (Stanford, 2025). Another recommendation was put forward by Katie Kiss, the current Aboriginal and Torres Strait Islander Social Justice Commissioner, in her speech to the United Nations Permanent Forum on Indigenous Issues, where she stated that:
States optimise their investments into Indigenous representation in international fora through sustained support of UN official representatives and of national domestic mechanisms which build capacity, coordinate participation, and better enable work towards shared goals (Kiss, 2025).
The suggestion of the Commissioner to strengthen indigenous representation internationally and nationally emphasises a long-term commitment to supporting indigenous peoples’ rights. This goal will definitely be a challenge for Australia’s policy reforms, and it will require continuous effort, time, and dedication to overcome political barriers.
CONCLUSION
The human rights challenges facing Aboriginal Australians are complex and interrelated and involve issues such as justice, health, land rights, and political representation. On one hand, there has been some legal recognition and protection of their rights, while on the other hand, there are still many roadblocks that prevent their rights from being fully recognised under national laws. Thus, it would be prudent for Australia’s policymakers to implement comprehensive reforms to address the systemic inequality and injustice faced by Aboriginal Australians.
BIBLIOGRAPHY
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