In 1788 the British Empire invaded Australia and claimed it as ‘Terra Nullius’ (no man’s land). The Indigenous nations that had occupied the land at that time suffered significant trauma, masses were killed and executed and they were unrecognised by the Empire as the first people of Australia. While colonists had recognised and signed treaties with native peoples in America, New Zealand and Canada no treaty has ever been signed with the Indigenous people of Australia.

A treaty is a formal agreement that recognises the sovereignty of each party and the rules by which both can coexist. In Australia the absence of a treaty has been regularly lamented, however real momentum for the action was never previously realise. During the development of the Australian constitution in 1901, Indigenous people were not recognised as citizens, they were classified under the flora and fauna act. This lack of representation and recognition has left their human rights severely jeopardised in Australia’s governing document. In 1988 the Treaty movement gained momentum and the then Prime Minister, Bob Hawke agreed to develop and sign a treaty with Indigenous Australians, however this never eventuated. Again in 2014 Prime Minister Tony Abbott also said he would be open to a treaty with Indigenous Australians, however it was then perceived that this was in an effort to distract people from the constitutional amendment that was in process.

The most recent Universal Periodic Review of Australia by the UN highlighted that absence of a treaty with the Indigenous people of Australia was of considerable concern. Australia is now the only Commonwealth country that does not have a treaty with its Indigenous peoples.

In the Australian context a treaty would recognise the sovereign rights of Indigenous peoples, empowering them to self-determination, greater control over their land and equal decision-making power with the Australian government. If Australia is serious about its concerns for the welfare of Indigenous people it is critical that a treaty be enacted.