SUBMISSION TO THE STANDING COMMITTEE ON INDIGENOUS AFFAIRS

SUBMISSION TO THE STANDING COMMITTEE ON INDIGENOUS AFFAIRS ON THE GROWING PRESENCE OF INAUTHENTIC ABORIGINAL AND TORRES STRAIT ISLANDER STYLE ART AND CRAFT PRODUCTS AND MERCHANDISE FOR SALE ACROSS AUSTRALIA

OVERVIEW The Queensland Tourism Industry Council (QTIC) welcomes the opportunity to respond to the House of Indigenous Affairs in regards to the inquiry into the proliferation of inauthentic Aboriginal style art and craft products. As the peak body for tourism, QTIC champions the sustainable growth of the Indigenous tourism sector. Based on the discussions overviewed below the following recommendations are made: Federal Government to set a minimum royalty payment to drive fairness across the industry. Support education campaigns to highlight how to identify authentic Indigenous art. Introduce a centralised accreditation body to certify authentic art works. Promote art centres to support the delivery and sales of art experiences. Ban the importation of fake products and impose fines on those selling fakes. QUEENSLAND TOURISM INDUSTRY COUNCIL QTIC is the state peak body for tourism in Queensland. QTIC is an independent private sector, membership-based tourism industry organisation. All of Queensland s 13 Regional Tourism Organisations (RTOs) are members of QTIC, as are 20 industry sector associations and in excess of 3,000 regional members, operating in all sectors of the tourism industry. QTIC works in partnership with government agencies and industry bodies at a local, state and national level and is a member of the Australian Tourism Industry Council (ATIC). QTIC S TOURISM INDIGENOUS CHAMPIONS NETWORK, SUPPORTED BY THE STAR ENTERTAINMENT GROUP In 2007, QTIC facilitated an Employment Mapping Project to identify employment barriers among Indigenous Australians and to seek opportunities to enhance employment and reconciliation processes. An outcome was the establishment of the Tourism Indigenous Employment Champions Network in 2008. The QTIC Tourism Indigenous Employment Champions Network (The Network) aims to support tourism employers to engage and manage Indigenous employees. The project is the first of its kind in Queensland and aims to increase operators awareness of how to encourage and increase participation of Indigenous Australians within the mainstream tourism industry. The Network is comprised of volunteer members from across the state and all aspects of the tourism industry that are committed to the goals of 1,000 new faces (employees) and 20 new Indigenous businesses by 2020. The Network is actively developing strategies to assist in recruitment and retention of Indigenous staff. The group works publically to provide support and build awareness of the value of Indigenous employment across all facets of the tourism and hospitality industry. 2 P a g e

Project Outcomes (to 2016): The Network has generated 241 new employment opportunities in the industry; There are a minimum of 15 people in the process of actively developing Indigenous businesses; 70 mainstream businesses are expressing willingness to employ more Indigenous workers as a direct result of presentations and engagement with the Network. TOURISM IN QUEENSLAND The tourism industry in Queensland contributed $25.0 billion to Queensland s Gross State Product (GSP), representing 7.9% of total GSP 1 and generated $6.6 billion in exports in the year ending June 2015 2, making it one of the state s largest export industries. In recent years, government and business communities have recognised tourism is contributing significantly to economic growth in Queensland and generating significant numbers of new jobs. Due to a slowdown in the resource industry, tourism has experienced resurgence and is flourishing against a relatively soft economic backdrop. In Deloitte s Tourism and Hotel Market Outlook 3, it is reported that international arrivals to Australia grew at twice the rate of global outbound travel and international visitation continues to outshine broader economic performance. Forecasts to 2020 indicate tourism will continue to grow faster than the wider economy. Income growth in China and other source markets, coupled with a favourable Australian dollar, has seen visitor expenditure in Queensland grow to an all-time high of $20.4 billion, a $56.0 million daily spend in the Queensland economy (year ending March 2017) 4. The broader impact of tourism expenditure is large; every tourism dollar injects an additional 87 cents the economy. Tourism continues to play an important role in regional Queensland as well as in urban centres. Benefits of tourism are widespread, with almost half of all expenditure going into regional Australia 1. The World Travel and Tourism Council 5 (WTTC) project travel and tourism employment will grow 5.8% (compound annual growth) over the next decade in the Asia Pacific region. In contrast, total economy growth is projected at 4.1% per annum and other industries such as mining and agriculture are forecast to grow at 1.8% and 2.2% per annum respectively. The five-year average growth rate for total visitor nights in Queensland is projected to be 4.0% over 2014 15 to 2019 20, or 3.9% over 10 years. This compares to 4.4% total five-year average annual growth for Australia, or 3.8% over 10 years. 1 Tourism Research Australia, State Tourism Satellite Accounts 2015-2016 2 Tourism Research Australia, State Tourism Satellite Accounts 2014-2015 3 Deloitte, Tourism and Hotel Market Outlook, Edition 1, 2017 4 Tourism Queensland, Tourism Economic Key Facts, April 2017 5 World Travel and Tourism Council. 2017. Travel & Tourism Economic Impact 2017 Asia Pacific 3 P a g e

INDIGENOUS TOURISM Indigenous tourism experiences are a point of differentiation for Australia in a highly competitive global market and have been identified as an important value-add alongside Australia s core strengths of aquatic and coastal, food and wine and nature and wildlife activities. Approximately 1.04 million visitors undertook some form of Indigenous activity during their holiday in Australia, representing 14 percent of total international visitors (IVS Jun 2016). Tourism Australia's Consumer Demand Project (CDP) showed a 30% increase from 2014-2015 in consumer interest in Australia s Indigenous tourism experiences. The research also highlights that willingness to participate in Australian Aboriginal cultural experiences receives positive shift following exposure to marketing stimulus, highlighting strong demand with respect to this sector. The CDP revealed a number of individual Indigenous experiences are highly appealing against non- Indigenous equivalents, with several among the most preferred in their regions. International visitors from the United Kingdom, North America and Europe are the most likely to participate in Indigenous tourism experiences when travelling to Australia. FEDERAL TOURISM INITIATIVES Tourism 2020 In December 2011, the Federal Government announced its national strategy, Tourism 2020, with a goal of doubling the value of tourism to $140 billion by 2020. The 2020 plan identifies the following Indigenous priority: 5. Increase supply of labour, skills and Indigenous participation The tourism industry has a labour shortage of 36,000 and an employee vacancy rate over four times the national average that is preventing parts of the industry from effectively servicing global customers. By 2015, an additional 56,000 people will be needed to fill vacancies (including 26,000 skilled positions). Government will work with industry to support industry recruitment, retention, labour mobility, education and training to fill these gaps, and explore ways to increase the supply of skilled tourism labour and Indigenous participation. Indigenous culture and heritage is a competitive advantage for Australia. It is integral that delivery of all facets of the Indigenous experience are authentic and provide visitors with an enjoyable and memorable experience. 4 P a g e

STATE TOURISM INITIATIVES The Queensland Government and the Queensland tourism industry share an ambition to restore Queensland s leadership position as Australia s premier tourism state. The former government supported a goal of doubling visitor expenditure, to $30 billion by 2020, in line with Commonwealth ambitions. The current Queensland Government has committed to maintaining these goals and to continue working with industry leaders to develop a prosperous and sustainable tourism industry. QTIC remains committed to working with government and industry to achieve training and employment outcomes through the following strategies: Destination Success Destination Success, the 20-year tourism plan of the Queensland Government for tourism. The strategy identifies preserving our nature and culture as a priority with maximising the opportunities of heritage, arts, culture, nature and Indigenous tourism experiences as a strategic direction. Ensuring authenticity in delivery of these experiences is important to ensure quality experience delivery. Advancing Tourism Advancing Tourism 2016 20 is the Queensland government s plan to capitalise on the significant tourism growth in Queensland. It targets key areas, identified by industry, to increase market share and boost tourism jobs by targeting four priority areas: - grow quality products, events and experiences; - invest in infrastructure and access; - build a skilled workforce and business capabilities; and - seize the opportunity in Asia 6. Goal 1: Grow quality products, events and experiences. Develop new and refreshed ecotourism, nature-based and cultural heritage products and experiences. - Encourage the development of Indigenous, cultural and heritage tourism products, events and experiences across the state. Goal 3: Build a skilled workforce and business capabilities Develop the Indigenous workforce for the tourism industry - Work with QTIC to support the continued development of skilled Aboriginal and Torres Strait Islander people with tourism career pathways and Indigenous tourism businesses. - Support industry to grow Indigenous tourism workforce representation in all parts of the industry. 6 Queensland Government, Advancing Tourism 2016-20. 5 P a g e

RESPONSE TO TERMS OF REFERENCE The definition of authentic art and craft products and merchandise In alignment with the Arts Law Centre of Australia 7, authentic Aboriginal artwork can be defined as: artwork that has been made by an Aboriginal or Torres Strait Islander person. The artist should be able to prove their decent for example through Aboriginality papers or certified supply nation and should follow Indigenous customary law, with art work reflective of their specific geographic or cultural area. The authenticity of an Aboriginal artwork is important for both ethical and legal reasons and has significant value in the art market. Issues then arise in how to protect authentic artwork from rip offs made by non-indigenous people. If fake Aboriginal artworks are sold, for example at tourist souvenir shops, this means that the profits from these sales do not go to the Aboriginal artist or communities. It is important to note that authentic products do not need to be manufactured solely in Australia, but royalties must be paid to the artist who created the artwork. To ensure equality and fairness across the payment of royalties, it is recommended that the Federal Government set minimum royalty payments that can be increased by negotiation the standard royalty payment is currently on average 8%. Current laws and licensing arrangements for the production, distribution, selling and reselling of authentic Aboriginal and Torres Strait Islander art and create products and merchandise There are very few laws which protect Australian Aboriginal artists other than that of copyright Laws, which prevents artists from having their pieces copied. This means that designers from overseas can create their own artworks claiming them as Aboriginal creating Aboriginal style art. Under the current Australian Competition and Consumer Laws, it is not illegal to sell fake Aboriginal art and merchandise. Yet, QTIC members identify that is estimated that up to 90% of Aboriginal style merchandise is fake. Artists need protection from the Aboriginal style art and fakes that are negatively impacting the value of authentic Indigenous art. An examination of the prevalence of inauthentic Aboriginal and Torres Strait Islander style art and craft products and merchandise in the market Fake Aboriginal art has flooded the Australian market, in the majority of stores where Aboriginal products are sold, there are also fake products competing, particularly within souvenir stores where the prices of authentic Aboriginal products are much more than that of the fake products encouraging tourists and customers to buy the cheaper option. Often the tourists are unaware of the difference or how to identify authentic art over fake. 7 Arts Law Centre of Australia. https://www.artslaw.com.au/info-sheets/info-sheet/certificates-of-authenticityaitb/ 6 P a g e

It is also recognised that in many cases Indigenous artists themselves need to be training especially on how to identify their art in such a way that is obvious to the purchaser that the product is authentically produced by an artist who Identifies as Aboriginal and or / Torres Strait Islander. Further issues arise with people from overseas claiming to be Aboriginal, as they are native to the country that is producing the art, so that they can wholesale fake products and designs claiming them as Aboriginal designs. A Queensland based Indigenous artist tells us, one of the brightest stars in Aboriginal art, Sakshi Anmatyerre, whose buyers included the Sultan of Brunei, the Brisbane Broncos, Paul Hogan and the family of media tycoon Kerry Packer, turned out to be an Indian artist named Farley French. Intervention is required to minimise the instances of these types of products being sold in Australia. Options to promote the authentic products for the benefit of artists and consumers Educate visitors and suppliers on the importance and value of authentic art One way to ensure that authentic products that benefit the artists and consumers are sold is to educate the broader population on what authentic art is and where to purchase authentic art. A major barrier to the purchase of authentic products is a lack of understanding. Other destinations, such as Canada, utilise authenticity labelling the program is a clear indicator to consumers and sellers of artwork that will directly contribute to the community. Alongside the labelling comes educational and promotional work highlighting the importance of art in culture, promoting the authenticity label and working to encourage more artists to become involved in the program. This program operates across art work, souvenirs and themed gifts to enable informed decision making among consumers. It is a visible sign of authenticity that all stakeholders can identify. A program such as this should be run by a centralised body to promote integrity. There is also scope for this body to develop a model of easy identification, similar to resources produced by QTIC s Indigenous Champions Network for the Welcome to Country card. Previous initiatives have been introduced in Australia to act as a governing body for authentic art for example, micro-dots and authenticity certifications. Neither of has become mainstream or widely utilised, this is something that should become a key priority. An accreditation program under the same notion as the Australian Made accreditation highlights the authenticity and quality of a product and stimulates a sense of trust between the seller and the consumer. Through the introduction of a national scheme that authenticates Indigenous art, consumers will have a clear indication of the origins of a product. The Indigenous Arts Code in conjunction with the Arts Law Centre of Australia and Viscopy have made efforts to preserve and promote traditional art and build ethical standards in buying and selling Indigenous art. The group launched an education campaign to highlight the importance of buying authentic. Whilst this initiative comes some way in addressing the knowledge gap, further work needs to be completed with suppliers and consumers to ensure the message is clear. 7 P a g e

Building on this campaign, there are opportunities for education pieces to be rolled out on flights, in hotels and across key tourism networks. By raising awareness of the issues that exist, and the value of buying authentic, tourists can make an informed decision about their purchase. As one of the main markets for Indigenous style art, of fake art, it is important this message reaches the international tourist market in a respectful way. Strengthening and developing art centres Another important initiative is facilitating the growth of existing art centres that support the sale of authentic art works. Furthermore, the development of Indigenous art hubs, where artists can join together for market nights or special events would create an art experience and direct sales opportunity. This then not only highlights the value and importance of buying authentic artwork, but also creates a memorable experience for visitors, generating greater value. Options to restrict the prevalence of inauthentic Aboriginal and Torres Strait Islander style art and craft products and merchandise in the market Other fakes and rip-offs in the fashion and art industries have strict regulations, must be clearly labelled or are banned from public sale depending of State laws. A similar approach should be developed for inauthentic Indigenous art. Under copy-right law even after the sale of art, the original image remains the property of the artist to recreate the image on a t-shirt, souvenir or any other method requires the consent and written agreement of the original artist. A total ban on the importation of fake Aboriginal merchandise would greatly benefit and support Aboriginal artists and would reopen a market which previously was very restrictive for artists due to the low price and high demand of imported fake art. Heavy penalties or fines could also be imposed on those wrongly importing fake Aboriginal art and to prevent overseas companies stealing artwork from Aboriginal artists and reproducing onto boomerangs, clothing etc. FURTHER ENQUIRIES QTIC welcomes the opportunity for further discussion regarding the points raised in this submission. For all enquiries, please contact QTIC Policy Team on (07) 3236 1445 or email policy@qtic.com.au. 8 P a g e