A process of "truth telling" allowing Aboriginal people to recount personal stories is "urgent" and must begin before treaties are negotiated in the Northern Territory, the NT's Treaty Commission says.
In a discussion paper on the framework for establishing treaties in the NT, the commission, led by former Australian of the Year Mick Dodson, says treaties have taken decades to negotiate in other parts of the world and the truth-telling process cannot wait.
"Some of our Elders are very old the process of truth-telling must begin as soon as possible. It is urgent," the paper says.
"The central learning from overseas is that treaties are a long game and take many years to negotiate. The Tla'amin Final Agreement in British Columbia, Canada took 22 years to negotiate and finalise."
The paper also says truth-telling is needed to "reset the relationship" between all Territorians, and to "facilitate healing" and must take place in an empathetic setting rather than during negotiations over a treaty.
"There remain Elders, parents or grandparents in Northern Territory society today who remember first contact," the commission says.
"Truth-telling is at the core of any treaty negotiations and is also at the heart of documenting the unfinished business."
NT Chief Minister Michael Gunner committed to establishing treaties between the NT Government and Aboriginal groups after he won office in 2016; his Government later set up the Treaty Commission.
The commission's discussion paper is being released by the NT Government today, just over a month out from the next NT election.
The paper defines a treaty as an agreement between two or more parties reached via a fair negotiation that must recognise Indigenous peoples "as a polity distinct" from other citizens due to their status as formerly self-governing communities.
The paper says treaties must recognise self-determination that includes decision-making amounting to "a form of self-government".
"Critical to any treaty will be the exercise of self-determination in its full form, as never known since 1788."
According to the paper, an example of a self-government arrangement would include allowing a First Nation to set its own educational curriculum or work with the Education Department to deliver one.
The paper also says treaties should include substantive reparations for material loss and human damage and a formal, comprehensive apology for past wrongs.
But the paper also warns that because the NT is not a state, any treaties negotiated by the NT Government could be overruled by the Federal Government and could limit a treaty's ability to deal with financial compensation, ownership, access to and management of land, water, and natural resources.
"The best way to ensure the longevity and enforceability of any treaty rests in good faith and in convincing all parties that a treaty or treaties in the Northern Territory is positive and beneficial to the future of all Territorians," the paper states.
There may also be challenges for Indigenous groups whose traditional lands stretch over state borders.
It says although the traditional estates of many First Nations in the NT cross state boundaries, it might be "impractical" to try to extend treaties into other jurisdictions because adding other parties to the negotiation process would reduce the chance of success.
The paper says the 2018 Barunga Agreement, which kickstarted the treaty process, "clearly" intended for the NT Government and members of a First Nation to qualify as parties.
The Commission raised concerns that Aboriginal people who are not recognised as members of a First Nation may be left out of the process.
Australia is the only Commonwealth country that does not have a treaty with its Indigenous peoples, but states are leading the charge for change.
"Members of the Stolen Generation in the Territory who have not been able to trace their origins or have not been accepted as members of a First Nation would appear to be disenfranchised in the Northern Territory treaty process," the paper said.
But it does say the Treaty Commissioner can consult widely about whether Aboriginal people who are not members of First Nations can enter a treaty.
"When the position of Stolen Generations who have not found their people is considered by members of First Nations, we are confident they will respond with understanding and empathy."
The commission said the paper drew on more than 50 meetings and forums with Indigenous organisations.
It said an 18-month consultation period was now needed before the Treaty Commissioner could hand his final report to the chief minister in 2022 and then treaty negotiations could begin.
The Treaty Commission also recommended establishing three separate bodies for managing treaties and negotiations, including an oversight body, a body to develop legislation and frameworks for negotiations and a treaty tribunal for managing disputes.
The discussion paper also outlines several other responsibilities the bodies can have, and funding arrangements for them, although it does not estimate a total cost for running them.
Read the original post:
NT Treaty Commission eyes 2022 submission of final report with consultations to commence - ABC News
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