The Forum > Article Comments > Getting down to brass tacks on Indigenous treaty > Comments
Getting down to brass tacks on Indigenous treaty : Comments
By George Williams, published 17/4/2008Achieving an Indigenous treaty in Australia would be a long, hard process but it could help bridge the gulf between Indigenous people and the rest of Australia.
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If we agree with the need for action on a treaty, the key question is how to take the next steps.
The model of a national treaty framework and regional or local agreements has been proposed for some time, particularly by Indigenous people, as in the ATSIC/AIATSIS publication "Treaty: let’s get it right!" and George Williams’ own book "Treaty".
There should be a firm commitment to a national approach on these lines, with two strands:
1. Development of a national treaty framework; captured in an amendment to the Constitution, validating regional and local agreements
2. Formation of regional or local agreements within this emerging framework
The balance could shift between these strands over time, with the major initial emphasis being on regional and local agreements, leading ultimately to their ratification within a national treaty framework. The national process might take ten years, with the phases taking perhaps five years in any one region or locality. A grass roots, grounded approach may lead to the right structures for finally negotiating a national agreement.
A process for establishing regional and local agreements should be supported by the Commonwealth and State governments, with facilitation resources and guides to the necessary steps including:
• outlining stages such as: initial MoU, initial agreement, confirmed agreement in the form of a national treaty framework;
• suggesting approaches to identifying relevant parties to develop the agreement and maintaining a respectful process;
• providing background material on the desirability of treaty development, and other issues to be considered and resolved; and
• providing examples of agreement content in relation to, for example, cultural respect, service provision, land and other natural resources, funding.
Starting examples of regional and local agreement processes exist: e.g., Murdi Paaki NSW, Cape York, Glenelg MoU, Shepparton COAG Compact, Yarra Partnerships, Albany Accord (see http://www.atns.net.au).