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WHAT IS A TREATY?

What is a treaty? FAQ

WHAT IS A TREATY?

A treaty is a formal and binding agreement between two sovereign parties. A treaty in Australia is proposed between Indigenous peoples and the Australian Government. The treaty would set out negotiated and agreed terms by which both parties can live and prosper in harmony in Australia. A treaty outlines the rights, responsibilities, obligations and opportunities that each party will have and agree to.

WHAT'S BETTER, A TREATY OR CONSTITUTIONAL REFORM?

BOTH! Treaty Now! is committed to realising the rights of Indigenous people in Australia. Constitutional reform will see previous injustices rectified in Australia's governing document. It will also remove the Australian Government's ability to commit racially discriminatory decision-making. A Treaty offers an opportunity for Indigenous Australian's to be recognised as autonomous and sovereign. Both movements aim to improve the situation for the Indigenous people of Australia and both movements are stronger if they are united!

WHAT WILL A TREATY MEAN FOR NON-INDIGENOUS PEOPLE IN AUSTRALIA?

There are many opportunities for non-Indigenous people to benefit from a treaty in Australia. Initially it would be an opportunity to recognise that the Indigenous people owned this land originally and that they were the first inhabitants. A treaty would also provide both Indigenous and non-Indigenous people with a way forward as a united country. In the same way that a treaty would recognise the Indigenous peoples place in Australia, it would also recognise non-Indigenous peoples as having a place in Australia too. It would be an agreement to share this land.

WHAT WILL A TREATY MEAN FOR INDIGENOUS PEOPLE IN AUSTRALIA?

For Indigenous people in Australia a treaty would mean formal and binding recognition as a sovereign people who have the right to govern their own affairs and act independently of the government. A treaty is an agreement on a number of items, so it is not yet determined exactly what would be included in a treaty in Australia, however current ideas are;

Sovereignty - Acknowledgement that Indigenous people need to be able to govern their own affairs.

Land Rights - Indigenous people should have access to freehold titles in their traditional lands. This means that rather than leasing the land off the government, Indigenous people would own their land in perpetuity and would have the right to buy and sell the land and it's natural resources as they see fit.

Share Power - An allocation of seats within the government that are set aside for Indigenous representation, thereby allowing a share of the power of the government to be reserved for Indigenous people.

Representation - A permanent Indigenous representative body.

Recognition - That Indigenous people were the first owners of the land. That past atrocities were committed against Indigenous people, and that they never gave up their freedom or their ownership of the land.

Reforms - Policy and procedure reform that would work to achieve a more just society for all.

WHY DO WE NEED ONE?

Australia is regularly called upon at an International level to address the massive human rights abuses that are committed against our Indigenous people. In addition, the inequity that faces Indigenous people due to a lack of recognition, respect, and support for their culture by the Australian community results in a serious division between the cultures. A treaty provides an opportunity to recognise, respect and embrace Australia’s Indigenous heritage and therefore, offers a path forward in unity.

WONT A TREATY MEAN THAT INDIGENOUS PEOPLE WILL BE ABLE TO TAKE MY LAND OR MY HOUSE?

This is very unlikely. At the moment, the rights of private landholders, mining companies, pastoralists or the federal government supercede Native Title claims. The treaty is an agreement about rules, and it is extremely unlikely that any decision to overrule the rights of private landholders would be agreed upon by both parties.

HOW DOES A TREATY WORK?

The treaty would be an agreement between the Australian government and the Indigenous peoples of Australia as to how they will work together going forward. The Australian Treaty with Indigenous people would be a recognition of the sovereignty of the Indigenous peoples and their ability to govern themselves. The Treaty would outline the rules and commitments each party would like to make about the way they will interact with each other, about the way Indigenous people will be governed, and about the way Indigenous people will be treated. These rules and commitments would be put forward by both parties and would only be included in the treaty with both parties in agreement. There are currently over 800 different agreements with Indigenous communities across the country at local and state levels, which are in effect, localised treaties.

CAN THE TREATY BE CHANGED?

Yes, however it would have to be changed in agreement between both parties. In Canada the Indigenous peoples and the Canadian government have signed numerous treaties in regard to different issues and topics. So not only can the treaty be changed, but additional topic specific treaties can also be entered into.

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