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Survey results
(d) Summary of findings in the context of this Report
Several of the findings from this survey reflect themes that recur in the in‑depth interviews
discussed in the later chapters of this Report. For example, the top issues identified by
Aboriginal and Torres Strait Islander women respondents – particularly those who sat on the
board of PBCs – reveal concerns surrounding the way the native title system requires people to
‘choose identities which do not reflect their cultural reality’.
From the perspective of the surveyed women, they are often less able to participate in, provide
information toward, or feel respected during native title processes compared to their male
counterparts. It is important to note, however, that the experience of First Nations women
varies dramatically from community to community and region to region. In the submissions and
interviews we heard that women were often central to native title claims and were also frequently
stepping up into governance roles. The survey results also varied significantly in this regard.
The survey results highlight that respondents feel the native title system has created or
exacerbated trauma and internal division, and that they lacked appropriate resources to deal
with that and facilitate healing in community. The responses pre-empted the submissions
and interviews in this regard, with many women describing involvement with native title as
traumatising and distressing.
The survey also touched on the power imbalances experienced by Aboriginal and Torres Strait
Islander peoples and individuals within the native title system, a theme that also pervades the
written submissions and the interviewees’ stories. The qualitative components of the survey provided
powerful commentary on the perceptions of First Nations women regarding gendered, relational,
and systemic forms of power imbalances that surround the native title system and processes.
Respondents to the survey, like those who made submissions and the interviewees, raised issues
around the extensive unpaid labour that First Nations women give to the native title system,
and barriers to participation presented by the degree of unpaid time and energy required to be
able to participate fully.
Respondents identified the lack of adequate information and resources provided to First
Nations people to participate fully, which goes to the human rights concern of structural racism
in the native title system: navigating a complex and technical native title system without the
necessary knowledge and resources negatively impacts the ability of First Nations peoples to
effectively engage in native title processes, present their case in court or in negotiations, and
ultimately protect country and practice culture. The more detailed submissions and stories
featured in this Report speak to this aspect of the lack of access to justice even more clearly.
Australian Human Rights Commission
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