Inquiry into racism, hate and violence directed at Aboriginal and Torres Strait Islander people
Submission Date: 5 June 2026
The Law Council of Australia provided a submission to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs (the Committee) for its inquiry into racism, hate and violence directed at Aboriginal and Torres Strait Islander people.1
As confirmed by numerous Federal bodies and inquiries over the years, First Nations Australians have long experienced racial discrimination, hatred and violence.2 This is a serious human rights problem which is causing significant harm for First Nations individuals, families and communities. It directly undermines the rule of law (including equality before the law), trust in institutions and social inclusion. It is also contributing to systemic inequalities and injustices for First Nations peoples compared to the rest of the Australian population.
Given its systemic nature, this issue also cannot be considered or addressed in isolation from historical and ongoing impacts of colonisation. As recently observed in a report produced for the Australian Human Rights Commission (AHRC):
Racism is a deeply entrenched and pervasive issue that continues to significantly impact First Nations peoples in Australia. This systemic problem has roots that extend back to the colonisation of Australia, where First Nations peoples were subjected to dispossession, violence, and policies of assimilation that sought to erase their cultures and identities. Historical and ongoing discrimination has led to substantial disparities in health, education, and justice outcomes for First Nations communities, creating a cycle of disadvantage that persists to this day.3
The Law Council is deeply concerned by several recent events highlighting the gravity of this problem, including:
- the attack by far-right extremists on Camp Sovereignty;4
- an improvised explosive device thrown into a crowd at a protest in support of First Nations Australians in Perth, for which terror charges have since been laid;5 and
- findings in the AHRC’s “Respect at Uni” report indicating that “81.0 per cent of First Peoples respondents report experiencing racism (direct and indirect) at university”.6
The extent and prevalence of racism, violence and hate towards First Nations peoples also highlights the disjunct between Australia’s international human rights commitments and its domestic practices, in particular the lack of progress to implement the United Nations Declaration on the Rights of Indigenous Peoples.7 The recent statement of the United Nations Committee on the Elimination of Racial Discrimination, which expressed a number of serious concerns with the treatment of First Nations children in Australia’s criminal justice system, illustrates this disjuncture in a particularly stark manner and calls upon the Australian Government to fully respect its international law obligations and standards to which it is a party.8
1 For the purposes of this submission, we have used the term “First Nations” to refer to Aboriginal and Torres Strait Islander peoples.
2 See for example Human Rights and Equal Opportunity Commission, “Racist Violence: Report of the National Inquiry into Racist Violence in Australia”, 27 March 1991, 38-46, <https://humanrights.gov.au/__data/assets/file/0016/50542/NIRV.pdf>; Royal Commission into Aboriginal Deaths in Custody, “National Report – Volume 1”, Commonwealth of Australia (15 April 1991), [1.4.14], <https://www.austlii.edu.au/au/other/IndigLRes/rciadic/>; Fiona Allison and Jodie Luck, “Rethinking Access to Racial Justice: Race Discrimination and First Nations Peoples”, (2020) 159 Precedent 8; Hannah McGlade, “The International Prohibition of Racist Organisations: An Australian Perspective” (2000) 7(1) Murdoch University Electronic Journal of Law 1.
3 Australian Human Rights Commission, “An Anti-Racism Framework: Voices of First Nations Peoples” (Report, August 2025), 13 <https://humanrights.gov.au/__data/assets/file/0019/47314/National_anti-racism_framework_first_nations_consultations.pdf>.
4 See for example Australian Broadcasting Corporation, “Calls for Inquiry into Camp Sovereignty Attack after Melbourne March for Australia Rally” (2 September 2025), <https://www.abc.net.au/news/2025-09-02/iat-camp-sovereignty-follow/105722830>. On 15 May 2026, the Minister for Home Affairs announced that the group allegedly responsible for the attack, formerly the “National Socialist Network” and now known as “White Australia", would be designated as a terrorist organisation. See Criminal Code (Prohibited Hate Group – White Australia) Regulations 2026 (Cth). See also Dechlan Brennan, “Neo-Nazi Group which Allegedly Attacked Camp Sovereignty Declared Terrorist Organisation”, National Indigenous Times (15 May 2026), <https://nit.com.au/15-05-2026/24303/neo-nazi-group-which-allegedly-attacked-camp-sovereignty-declared-terrorist-organisation>.
5 Australian Federal Police, “Man Charged with Terrorism Offence under Operation Dumfries” (Media release, 5 February 2026), <https://www.afp.gov.au/news-centre/media-release/man-charged-terrorism-offence-under-operation-dumfries>.
6 Australian Human Rights Commission, “Respect at Uni: Study into Antisemitism, Islamophobia, Racism and the Experience of First Nations People” (Report, February 2026), 17 <https://humanrights.gov.au/media/documents-files-PDFs/strategic-communications/Racism-at-UniReport.pdf>.
7 United Nations Declaration on the Rights of Indigenous Peoples, GA Res 61/295, UN Doc A/RES/61/295 (2 October 2007).
8 Committee on the Elimination of Racial Discrimination, Statement 1 (2026): Overrepresentation of Indigenous Children in Australia’s Criminal Justice System (Advance unedited version, 29 April 2026) <https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCERD%2FSWA%2FAUS%2F11498&Lang=en>.
Last Updated on 02/07/2026
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