Indigenous treaties in Australia facts for kids

Kids Encyclopedia Facts

Indigenous treaties in Australia are like special agreements or contracts between the Australian Government (or state/territory governments) and Indigenous Australians. Indigenous Australians include both Aboriginal Australians and Torres Strait Islanders. These agreements would help define how they work together. As of 2022, there are no such treaties officially in place across Australia.

However, some states and territories have started working towards these treaties. For example, the Victorian Government created a legal plan in 2016 to start treaty talks. In 2019, they even held an election for the First Peoples' Assembly, which helps represent Indigenous voices. Big events like the Black Lives Matter rallies in 2020 also encouraged more action on this important issue.

Why Treaties Are Important
A Look Back at Treaty Efforts
Treaty Progress in the 21st Century
State and Territory Treaty Efforts
See also

Why Treaties Are Important

Treaties between governments and Indigenous peoples can have several goals:

They can give Indigenous people practical rights and fair payments for past wrongs.
They can start a formal process of reconciliation, which means making amends and building better relationships after difficult times.
They can create a way for Indigenous groups to make their own decisions about their communities.

Studies show that allowing Indigenous communities to make their own decisions, known as self-determination, is key to solving long-standing problems they face. Many Aboriginal Australians believe that treaties would give them real and symbolic recognition. For many years, there has been a national discussion about treaties, along with other topics like recognizing Indigenous people in the Constitution of Australia, land rights, and programs like Closing the Gap that aim to reduce disadvantages. A treaty would be a formal agreement that clearly explains the relationship between the government and First Nations peoples. It could include binding agreements on specific issues and practical steps for things like health and education.

In other countries, like New Zealand and Canada, British colonial leaders made treaties with local Indigenous peoples when they first settled there. The Treaty of Waitangi was signed in New Zealand in 1840. In North America, British treaty-making started in the 1500s and continued until Canada became self-governing in 1867. After that, the Canadian government made agreements called the Numbered Treaties.

A Look Back at Treaty Efforts

The idea of a treaty in Australia goes back to the early days of the colonies. In 1832, the Governor of Van Diemen's Land (now Tasmania), George Arthur, said after the Black War that it was "a fatal error" that a treaty wasn't made with the local people. He suggested that before the colonization of South Australia, an agreement should be reached with the Aboriginal people there to prevent a long war. Interestingly, the official document that set up the Province of South Australia in 1836 recognized the rights of the Aboriginal peoples there.

The only attempt to make a treaty with Indigenous Australians before the 2000s was called Batman's Treaty. This was an agreement between John Batman, a farmer and businessman, and some Wurundjeri elders. It was about buying land near Melbourne. However, the Governor of New South Wales, Richard Bourke, quickly said this treaty was not valid in 1835. This was to keep the idea of terra nullius, which meant that Australian land belonged to no one before the British arrived.

In 1988, Prime Minister Bob Hawke promised an Indigenous treaty after receiving the Barunga Statement from Aboriginal elders. This statement asked for a treaty. Even though many people were interested and supported the idea, some worries came up about what a treaty might mean, such as financial compensation.

Treaty Progress in the 21st Century

In 2017, Prime Minister Malcolm Turnbull said no to calls for an Indigenous Voice to Parliament, which would be an advisory group written into the Constitution that could lead to a treaty.

Since there wasn't much progress on a national treaty, some states and territories started their own treaty talks with Indigenous peoples in the early 2000s. The 2017 Uluru Statement from the Heart asked for a "Makarrata Commission." This commission would help make agreements between governments and First Nations and also encourage "truth-telling" about Australia's history. Makarrata is a Yolngu word that means a way to solve conflicts, make peace, and find justice.

In July 2019, Ken Wyatt, the new Minister for Indigenous Australians, spoke about "Voice. Treaty. Truth." He said that states and territories were in a better position to lead the work on treaties because of how the Australian Constitution is set up.

The Victorian Government's creation of a legal plan for Indigenous treaty talks in 2018 brought the debate back into the spotlight across Australia. The Black Lives Matter rallies in June 2020 also added to this push for progress. As of 2022, no treaties are officially in force between the federal or any state government in Australia.

State and Territory Treaty Efforts

The Victorian Government was the first state to pass a law for Indigenous treaty talks in 2018. However, many states and territories have been working on starting this process in the 21st century. Treaties with state governments would likely cover issues like health and education.

Northern Territory Treaty Talks

In 2018, the Northern Territory Government promised to start a treaty process with Indigenous peoples there. They appointed an Independent Treaty Commissioner to oversee the talks. In June 2018, the government signed the "Barunga agreement," promising to work with the Territory's four Aboriginal land councils to develop a treaty process.

The process involves the commissioner talking with Indigenous communities to see their interest. Then, a public discussion paper will be released and translated into Aboriginal languages for feedback. A final report will be given to the Northern Territory Legislative Assembly. On March 4, 2019, Mick Dodson was appointed Treaty Commissioner. He is tasked with giving his final report within 2.5 years. The Treaty Commission has said that "truth-telling" must start as soon as possible because some Elders are very old. Truth-telling means sharing the true history of what happened. This is an important step before treaty talks begin.

One challenge is that the Northern Territory is not a state, so treaties made there could be changed by the Federal Government. Also, it's hard when traditional owners' lands cross state borders, or when members of the Stolen Generations don't know their family history and might not qualify as First Nations people. The Treaty Commissioner was expected to give his report to the Chief Minister in 2022, after which negotiations would start.

Queensland's Path to Treaty

In 2019, the Queensland Government announced its interest in working towards an Indigenous treaty. They set up a Treaty Working Group and an Eminent Treaty Process Panel, co-chaired by Jackie Huggins and Michael Lavarch. Their Path to Treaty Report was presented in February 2020 after they talked with over 1,700 Queenslanders and 24 communities. Jackie Huggins said that "truth-telling," which means acknowledging Australia's history, is a "vital component to moving on." On August 13, 2020, Premier Annastacia Palaszczuk announced that the government would support moving forward on a Path to Treaty with First Nations Queenslanders.

South Australia's Treaty Efforts

In 2016, the South Australian Government announced its plan to talk about treaties with Indigenous groups across the state. They set aside money to establish up to 40 treaties. In December 2016, talks began with three Aboriginal nations: the Ngarrindjeri, Narungga, and Adnyamathanha peoples. In February 2018, the Buthera Agreement was signed with the Narungga nation. However, after the government changed in the 2018 state election, the new premier, Steven Marshall, paused the treaty talks. He said he wanted to focus on "practical outcomes."

Tasmania's Treaty Calls

On Australia Day in 2015, the Tasmanian Greens called for a formal treaty between the Tasmanian Government and the Tasmanian Aboriginal community. Michael Mansell, who leads the Aboriginal Land Council of Tasmania, said in August 2019 that non-Indigenous people shouldn't worry about a treaty. He explained it would simply be about "true democracy and self-determination." At that time, only about 300 square kilometers of Tasmania's 67,000 square kilometers had been returned to Aboriginal people under the Aboriginal Lands Act 1995. He said that returning some key areas of unused land would create jobs for Aboriginal people.

In June 2020, Michael Mansell and Greg Brown met with Premier Peter Gutwein and discussed a treaty. Mansell was encouraged by the support for Aboriginal issues during the Black Lives Matter protests and spoke at a rally about the need for a Treaty Commission.

Victoria's Leading Role

The Victorian Government was the first state to pass a legal plan for Indigenous treaty talks in 2018. The Victorian Liberal Party was against a state-based treaty, saying a national treaty would be better. Some argued that since Aboriginal Victorians are citizens, the state would be making a treaty with itself, but the government disagreed.

On July 3, 2018, Victoria passed the Advancing the Treaty Process with Aboriginal Victorians Act 2018, which became law on August 1, 2018. The main goal of this partnership between the Victorian Government and Aboriginal communities is to achieve reconciliation and justice. The Act makes this partnership a legal requirement. The 2019 Victorian First Peoples' Assembly election was held to choose representatives for Aboriginal and Torres Strait Islander people in Victoria.

Yoorrook Justice Commission

In July 2020, the Victorian government became the first state or territory to promise a truth and justice commission. This commission, called the Yoorrook Justice Commission, aims to officially recognize past wrongs and ongoing unfairness against Aboriginal people. It will create a public record of what Aboriginal Victorians have experienced since the start of British colonization in Victoria.

The commission will look into past and ongoing injustices caused by colonization. It will provide a safe place for First Peoples and others to share their true stories about difficult events and their effects. It will also identify unfair systems in Victoria and suggest changes to end them. Its findings, expected by June 2024, will include recommendations for changes and ways to make things right. These findings will also help with Victoria's ongoing treaty negotiations.

The commissioners include:

Professor Eleanor Bourke (Chairperson)
Dr Wayne Atkinson
Kevin Bell (the only non-Aboriginal commissioner)
Sue-Anne Hunter
Distinguished Professor Maggie Walter

Uncle Jack Charles was the first Indigenous elder to share his experiences at the first public hearings, called wurrek tyerrang, in April 2021. Elders were invited to speak about their direct experiences. Others could share their stories in writing, audio, video, or even as an artwork.

Western Australia's Settlement

In 2015, the Western Australian Government signed a $1.3 billion native title agreement with the Noongar people. This agreement was described by some as "a classic treaty" or "a treaty in the true sense."

This big agreement, called the South West Native Title Settlement, aims to solve native title claims. In return, it officially recognizes the Noongar people as the traditional owners of South-Western Australia. As of 2020, it is the largest native title agreement in Australian history, affecting about 30,000 Noongar people and covering about 200,000 square kilometers. It has even been called "Australia's first treaty." By 2018, Western Australia also announced plans to set up an Aboriginal representative body in the state.