The Ongoing Battle for Fairness: Discrimination in Indigenous Leadership and Electoral Processes

The fight for Indigenous self-determination and leadership has long been blocked by systemic discrimination and institutional barriers.

And my experiences applying for the CEO role at the Red Chief Local Aboriginal Land Council (LALC) and running as a candidate in the 2024 NSW Aboriginal Land Council (NSWALC) elections show the major challenges Indigenous people face in these spaces.

Because despite being qualified and committed to serving Indigenous communities, I faced discrimination in both recruitment and electoral processes… and these issues reflect governance failures within Aboriginal Affairs NSW and its related institutions.

So I’m not surprised by the discrimination and outcome of “NAAJA settles with former chief executive Priscilla Atkins“.

Systemic Discrimination in Leadership Selection

In my bid for the CEO role at the Red Chief LALC, I wanted to bring accountability and innovation to an organisation responsible for managing critical land and community resources. The selection process was filled with bias and a lack of transparency.

Because my application was unfairly assessed due to my previous discrimination claims against the same selection committee. The involvement of individuals with conflicts of interest, including those with active discrimination cases, damaged the integrity of the recruitment process. I raised these concerns with the Office of the Registrar for the Aboriginal Land Rights Act and Aboriginal Affairs NSW, but nothing changed.

These experiences show why independent oversight in LALC recruitment is needed to stop personal and political biases from blocking qualified and committed applicants.

Electoral Barriers and Silencing of Candidates

Running in the 2024 NSWALC elections exposed more systemic discrimination within Aboriginal Affairs NSW. As I wrote in my LinkedIn article (“2024 NSW Local Government Election”), the electoral process was anything but fair.

Because out of 14 LALCs I contacted for voter outreach, only four responded and just one allowed me to display campaign materials. Unlike long-time bureaucratic insiders, new candidates like me were denied access to speak directly to voters at LALCs. Many LALC members were not eligible to vote due to restrictive criteria that excluded Indigenous voices.

Because as I highlighted in my article (“Aboriginal Affairs NSW Ignoring UNDRIP Principles”), these exclusionary practices go against the principles of Free, Prior, and Informed Consent (FPIC) outlined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Indigenous governance must focus on equity, transparency and real representation, not keep existing power imbalances in place.

The Need for Reform

Indigenous governance should be led by the people, for the people. It should not be controlled by bureaucratic gatekeepers who maintain power by shutting others out. Fixing this requires serious reforms.

  1. Independent Oversight of Recruitment: The Office of the Registrar must put in place impartial probity officers to oversee LALC hiring and stop conflicts of interest.
  2. Fair Access to Voters: Aboriginal Affairs NSW must ensure all candidates can engage with LALC members equally during elections.
  3. Voting Rights Expansion: NSWALC must change its voter eligibility criteria so more Indigenous community members have a voice in governance.
  4. Accountability and Transparency: Public reporting on discrimination complaints and electoral fairness must be required to stop systemic bias from continuing.

Summary

My experiences show how governance structures meant to serve Indigenous people can instead exclude and discriminate. If we want real Indigenous self-determination and leadership, reforms are needed now.

Because the NSW Aboriginal Land Council and Aboriginal Affairs NSW must do better. Indigenous voices cannot be silenced in their own governance structures and the path to leadership must be open to all who seek to create meaningful change.


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Kamilaroi jounalist from Gunnedah: Recipient of Multiple National Awards. d.foley@barayamal.com

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