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Treaty – the way forward

Following the Welcome to Country by Aunty Millie Ingram, Wiri man and barrister Tony McAvoy SC started the forum by discussing the need for a treaty to build a better future for Indigenous Australians. He stated that a crucial component would be a National Assembly of First Nations, which could provide a framework for self-determination to be enacted at a local level. He cited the Victorian government’s recent announcement of its willingness to work towards a treaty with Indigenous Victorians as a positive step, but asserted that a treaty on a national level was necessary to empower all Indigenous Australians to “stand on their own land with their ancestors” and “prosper culturally and spiritually”.

Terry Mason, Awabakal man and chair of the National Tertiary Education Union’s Aboriginal and Torres Strait Islander Policy Committee, also commented on Victoria as an example of the need for community consultation. He noted that the federal government’s continuous failure to prioritise Indigenous voices has engendered distrust amongst Indigenous communities. “The treaty preference is rarely mentioned in government consultation meetings, but there is much more support for a treaty than Recognise [constitutional recognition] in communities,” he said.

A major theme of the forum was the need to go beyond constitutional recognition and maintain pressure for a treaty. Narungga elder and Aboriginal advocate Tauto Sansbury highlighted how recognition of Indigenous people in South Australia’s constitution had failed to protect Indigenous rights, particularly against the interests of mining companies. He echoed the other speakers in calling for the government to move beyond rhetoric and engage in consultation with actual Indigenous communities, stating, “I’m passionate about sovereignty” and “if you’re not at the table you’re on the menu”.

Yolngu Nations Assembly spokesperson Yingiya Mark Guyula also emphasised the continuity of colonialism in Australia, particularly given the abuses of Indigenous rights that have occurred under the Northern Territory Intervention. He contrasted the destructive impacts of Western law with the effectiveness of Indigenous customary law systems, indicting a process of colonisation that “must be halted”. He gave examples of high suicide rates, domestic violence and poor health outcomes as impacts of colonisation requiring redress through a treaty.

The final speaker was Dr Chris Sarra, a Gurang Gurang man and founder of the Stronger Smarter Institute. He said that if Australia were to become a republic, negotiation of a treaty between Indigenous and non-Indigenous Australians would be required. He also argued that a treaty was necessary to acknowledge the atrocities caused by colonialism both past and present, and to provide a way for all Australians to “move beyond the lie and step into a more honourable future”.

The speeches were followed by more than an hour of impassioned discussion involving various members of the local Indigenous community. Many of the perspectives raised related to mistrust of the government and lack of confidence in the consultation processes, the long history of resistance to colonisation, and demands for a treaty.

The forum demonstrated that while there will be challenges, a treaty would be the best mechanism for acknowledgement and protection of Indigenous people’s sovereign rights and therefore remains of the utmost importance for Australia’s future.

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