The Productivity Commission is calling for the Australian Government to introduce legislation that will enable Aboriginal and Torres Strait Islander communities to protect important aspects of their cultures from being misappropriated in visual arts and crafts.
Two in three products in the $80 million dollar Indigenous-style souvenirs market are fake with no connection to Aboriginal and Torres Strait Islander people, the Commission says in a report released today.
Many visual arts and crafts misappropriate sacred cultural symbols and stories, undermining customary laws and causing harms and offence. The Commission recommends a comprehensive set of actions to tackle these problems.
Inauthentic Indigenous-style products mislead consumers, deprive Aboriginal and Torres Strait Islander artists of income and disrespect cultures,” Commissioner Romlie Mokak said.
“Communities have limited legal avenues to stop their cultures from being used without permission and out of context,” he said.
“Mandatory disclosure where products are not made or licensed by an Aboriginal and Torres Strait Islander person would steer consumers toward authentic products and put the compliance burden on those producing fake products, not Aboriginal and Torres Strait Islander artists.
“In combination with new cultural rights legislation, we consider mandatory disclosure to be a more proportionate and practical response than trying to ban inauthentic products,” Commissioner Lisa Gropp said.
The Commission found that annual sales of Aboriginal and Torres Strait Islander visual arts and crafts, including souvenirs, were at least $250 million, supporting thousands of jobs – many in remote communities – and are a major drawcard for tourists.
Many Aboriginal and Torres Strait Islander artists engage successfully with art dealers, galleries and consumers – often through community-controlled art centres. But there are still instances of unscrupulous behaviour towards artists. And Aboriginal and Torres Strait Islander people remain under-represented in management and leadership roles in the sector.
The Commission recommends strengthening the supports available to artists through the Indigenous Art Code, and reviewing the adequacy and effectiveness of government funding, to ensure it aligns with community priorities, and supports future growth in the Aboriginal and Torres Strait Islander visual arts and crafts workforce.
The report on Aboriginal and Torres Strait Islander visual arts and crafts will be available from the Commission’s website upon release: www.pc.gov.au
