A Treaty is a defined and formal agreement between two or
more parties. Any such agreement must be the result of consultation
and negotiation and deemed as binding upon each signatory.
At minimum, a Treaty between the Indigenous and non-indigenous
peoples of this continent must do three things:
It must make a commitment to remedy current disadvantages
and injustices and to work towards a just and equal future
It must commit both parties to consulting within and
across constituencies, encourage and support local agreements
and activities that action the principles
It must commit the parties to providing the resources
necessary to achieving the agreement.
These commitments form the foundation upon which a just future
for all of us can be built.
Why a Treaty?
In 1788 there were more than 500 sovereign land-owning indigenous
groups on the continent known as Australia. Captain James
Cook disobeyed his orders in not seeking “the consent
of the natives” when he took possession of this land.
Australia is now the only OECD country that does not have
a treaty with its Indigenous peoples.
ANTaR believes that after over 200 years of being here and
over a hundred years since the declaration of our nationhood,
we must through our Government acknowledge all the events
upon which our nation was build. While we celebrate our pioneers
and soldiers we are yet to own up to the dispossession of
the original inhabitants of this continent. It is the policies
and actions of our governments and institutions that have
impacted on Indigenous people, not only the actions of early
settlers.
Australia is yet to take responsibility for the consequences
of such policies over the last 200 years. The current situation
of Indigenous Australians, for example in regard to health,
imprisonment, education and income, indicate that these injustices
still continue. To move forward as a nation we must acknowledge
the past, seek reconciliation with the indigenous people of
Australia and to become legitimate as a nation we must negotiate
a Treaty. This treaty must ensure that the truth about the
past is told, commit us to action to remedy past injustices
and present disadvantage and specify the foundations upon
which we can build a common future as equal partners.
In 2006 the Black GST (Genocide, Sovereignty,
Treaty) collective re-invigorated the campaign for treaty,
and used the Commonwealth Games in Melbourne as an international
platform. Central to this campaign's beliefs is the recognition
that the ongoing attempt to assimilate the Indigenous people
‘equals genocide' and as a result, the only solution
to regain rightful sovereignty is via a treaty.
What Could a Treaty include?
The broad issues of justice could be addressed in principle
by an overarching National Treaty, but action and specific
agreements will need to be undertaken at all levels of government
and with businesses, community groups and institutions with
whom Indigenous people seek such agreement.
The University of NSW Treaty Project Issues Paper One gave
a possible picture “.. imagine tracing the outline of
a shape, like a pyramid. Perhaps a treaty process will commence
close
to the ground, steadily building up as it takes on more and
more dimensions.
At some point those involved might agree that it makes sense
to take the best practice from all the activity that has been
steadily building up from the grassroots level and encapsulate
it in a set of national minimum principles.”
The process by which a treaty is made is also critical. The
UNSW Treaty Project emphasises negotiation as the preferred
process “where two parties sit down as equals and work
their way towards agreement”, and distinguishes this
from the top-down consultation process the Australian government
often employs.
In 2000, the Aboriginal Council for Reconciliation came up
with a Declaration for Reconciliation which made clear indications
that a treaty process was the next authentic step toward reconciliation.
In their final report to parliament Reconciliation. Australia’s
Challenge in 2000 the Council me ten recommendations including
“Each government and parliament (should):
Recognise that this land and its waters were
settled
as colonies without treaty or consent and that to advance
reconciliation it would be most desirable if there were
agreements and treaties;
Negotiate a process through which this may be
achieved
that protects the political, legal, cultural and economic
position of Aboriginal and Torres Strait Islander people”.
While the Declaration for Reconciliation
was rejected by the Howard Government, it is still a benchmark
for community consensus on the need for and the form of the
resolution of 'unfinished business'.
If the idea of treaty seems too difficult, we can look at
examples other countries including New Zealand and Canada
have made with Indigenous peoples.
What You Can Do
The debate on Indigenous affairs has been in retreat since
the end of the Council on Aboriginal Reconciliation, when
treaties and agreement-making seemed likely, to an extremely
reduced version of ‘self-determination’ in the
form of the imposed Shared Responsibility Agreements. You
can be involved in advancing the campaign for treaty by learning
more, voicing your support, joining a network, and engaging
others.
Sign ANTaR Victoria’s Treaty Supporters Scroll or
take it along to an event or your workplace. The treaty
scroll is unique 'petition' for a Treaty. It takes the form
of a 20m scroll which non-Indigenous people 'sign' with
their thumbprint. For more information see http://www.antarvictoria.org.au/treaty/
.
Invite a speaker from ANTaR to your workplace, community
group, school or event to talk about reconciliation and
treaty.
Lobby decision makers at all levels of government. Local
government & organisational decision makers have an
important role to play
