A complaint has been lodged to the Human Rights Commission against the Australian Electoral Commission by two men from Arnhem Land, alleging that a failure to apply an amendment to the Commonwealth Electoral Act in remote NT communities has led to indirect discrimination.
Matthew Ryan of Maningrida and Ross Mandi Wunungmurra of Galiwin'ku have claimed that voters in their electorate of Lingiari are having their voices suppressed due to a lack of action by the independent body.
Mr Mandi Wunungmurra said he is deeply concerned that his people are being left out of the country's democratic process.
"We Yolngu people are being left without a voice, without a say. It's very important that we have a say about government. We are being discriminated against through this." he said.
In 2012, the Federal Direct Enrolment update was activated to address the high numbers of Australian residents who were not enrolled to vote, but the update does not apply in First Nations communities.
“All forms of discrimination must stop. The AEC needs to take rapid action to enrol the third of Indigenous people in the NT who are not able to vote."
The AEC can enrol people to vote or update their details on the electoral roll through records kept by the Australian Tax Office, Centrelink and through registered drivers licenses.
In remote communities many people do not have registered mailboxes to their addresses and instead get their mail through community post offices, mail bags, and post boxes.
The complaint also alleges that one polling booth was in operation for just an hour in Maningrida, Wadeye and Galiwin'ku in the 2019 election — substantially shorter than towns such as Nhulunbuy, Tennant Creek and Jabiru.
Mr Mandi Wunungmurra, who is also the Chairman of Yalu in Galiwin'ku, said too often First Nations peoples living in remote areas are being forgotten.
Only 68 per cent of First Nations people in the Northern Territory are enrolled to vote. Source: SBS News
"It is harder, we don't have the same say or support when we try to talk to both parties in governments and make those decisions and so they can hear our voices," he said.
"English is sometimes the third or fourth or fifth language here and it can be hard to explain that to government and these officials."
The national enrolment rate sits above 96 percent according to the latest figures by the AEC, but for First Nations people it's estimated at around 78 percent nationally and just 68 percent in the Northern Territory.
In a statement, Mr Ryan has called upon the independent body to remedy these low numbers.
“All forms of discrimination must stop. The AEC needs to take rapid action to enrol the third of Indigenous people in the NT who are not able to vote." he said.
'We fought for that right'
The United Workers Union and the Maritime Union of Australia have backed the complaint, with MUA Deputy Secretary Thomas Mayor supporting the claims by the two men.
"This is just one factor that keeps us voiceless in our own country," he said.
"Because in a democracy. It's all about accountability through the electoral process... We fought for that right — our elders are still alive and remember that fight.
Mr Mayor has traveled around the country, including to remote parts of the nation to encourage Indigenous people to enrol to vote.
"It's absolutely urgent that the AEC needs to change their policy and start treating Aboriginal people in remote communities like every other Australian citizen when it comes to direct enrolling." he said.
Voting participation 'incredibly important' A spokesman for the AEC said while they could not comment on the complaint, they stressed the importance of First Nations participation in elections.
Maritime Union of Australia's Indigenous officer and campaigner Thomas Mayor said Indigenous people are being disenfranchised and left voiceless (Supplied: Thomas Mayor)
"Indigenous under-enrolment is not new, but rather an enduring challenge. ...We are continuing to invest significant effort into this challenge, resulting in the achievement of recent year-on-year Indigenous enrolment growth," they said.
"The enrolment and engagement of Indigenous Australians in the electoral process has long been a key focus area for the AEC, and our Indigenous Electoral Participation Program — It is incredibly important."
AEC Commissioner Tom Rodgers told a parliamentary inquiry last year of the AEC's efforts in addressing the issue.
"We developed, at the cost of about half a million dollars, a set of three videos specifically targeting Indigenous voters on how to enrol and cast a formal vote," he said.
The committee was also told that videos were recorded in 11 local languages and shared through social media and other groups to encourage people in remote communities to vote.
