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National Treaty Framework – Local/Regional Agreements Model

TREATY (Federation Press, 2005, pp 132-134), summarises a possible approach as follows:

One option would be to work towards a single national treaty for Australia. However, even when expressed as a national issue, calls for a treaty generally also include a commitment to regional and local decision-making. The desire for a national treaty as well as for community-based decision-making might be met by establishing a national framework treaty that facilitates further agreement-making. Patrick Dodson made an important contribution to this idea in his 1999 Vincent Lingiari lecture. Under this approach, a national treaty could establish the framework within which treaties at the local or regional level could be negotiated.

and further outlines the elements of:

A framework national treaty, within which treaties at the local or regional area are negotiated, including:

Statement of recognition and acknowledgment

Supporting framework for negotiation: policies and structures for more specific treaty-making

Implementation framework

Legal protection for other treaties and agreements reached in accordance with this framework

Local or regional treaties, which would vary considerably by area but might deal with matters such as:

Recognition and acknowledgement

Principles and purpose

Jurisdiction and authority

Indigenous governance

Land and economic settlements

Policy and program design

Program and service delivery

Cessation of claims

Provision for sub-agreements

Implementation

A constitutional amendment including a treaty framework, giving binding legal status to treaty negotiations at state, regional and local levels.

Some websites

Agreements, Treaties and Negotiated Settlements project:

AIATSIS Treaty pages:

Victorian Traditional Owners Land Justice Group Framework:

Download this summary here.