Treaties with Indigenous peoples
Broadly, a “treaty” is an agreement between two or more parties who seek to have their relationship with each other defined. Some examples of principles a treaty may embody include:
- The recognition of Aboriginal and Torres Strait Islander peoples as the “first peoples” of Australia;
- Recognition of the inherent and distinct rights that flow from recognition;
- The establishment of national standards;
- A framework for settling relationships between Indigenous peoples and governments at local, regional, state, territory and federal levels;
Australia has no treaties with its Indigenous peoples. Unfortunately, in the formation of Federation, Aboriginal and Torres Strait Islander peoples were overlooked as relevant parties. A national treaty with Indigenous peoples could have recognised and protected Indigenous rights and led to a just constitutional basis for the Australian Federation. Canada and New Zealand both have treaties with Indigenous peoples. Australia is therefore in the beneficial position of being able to assess, learn from and adapt the treaty models from other countries.
Sources used to compile this summary: Treaty Now website, http://www.treatynow.org;
“Treaty Issues” (May 2001) available at www.treatynow.org/Publications/publications.htm
Lesson idea
What about a treaty?
Students:
- Examine the notion of terra nullius under which Australia was settled.
- Consider the implications of a treaty between the Australian Government and the Indigenous Peoples.
- Compare the economic and social outcomes for Australia's Indigenous people under terra nullius with those of other Indigenous peoples with earlier agreements.
Contemporary arguments surrounding the adoption of a Treaty in Australia
Treaty - Advancing Reconciliation
Thirty papers from a National Conference on Racism, Land and Reconciliation in a Global Context by authors such as Fred Chaney, Eddie Mabo and Greg McIntyre debating the relevance of a national treaty to Australia (2002).
Until the Chains Are Broken
4th Vincent Lingiari Lecture by Patrick Dodson (1999)
Reconciliation. Australia’s Challenge.
Final Report to Parliament by the Council for Aboriginal Reconciliation (2000).
Beyond the Mourning Gate: Dealing with Unfinished Business
Wentworth Lecture by Patrick Dodson (2000).
Address to Corroboree 2000
Address by ATSIC Chairman Geoff Clark (2000).
New Zealand - Treaty of Waitangi (1840)
The Treaty document
View the original Treaty in the Constitution Room at Archives New Zealand
Signatories to the Treaty of Waitangi
This site provides a list of signatories to the Treaty including tribal affiliations of the signatory and images of the original signatures.
The Treaty of Waitangi website
This website sets out to give a concise account of the Treaty of Waitangi and the issues surrounding it. Includes the Deeds of Settlement and Deed summaries.
The Treaty of Waitangi background information at the Agreements Database.
Online Maori Organisations
Maori.org.nz
The Main Maori Site on the Internet. Information and links on Maori culture, history, traditions, iwi, kapa haka, performing arts, carving tattooing and more.
Modern Claims
The Office of Treaty Settlements
The Office of Treaty Settlements (OTS) negotiates, on behalf of the Crown, settlement of historical Treaty of Waitangi claims with Maori claimant groups.
Waitangi Tribunal
The Waitangi Tribunal is a permanent commission of inquiry charged with making recommendations on claims brought by Māori relating to actions or omissions of the Crown, which breach the promises made in the Treaty of Waitangi.
Historical Accounts
Waitangi Day: A History
Waitangi Day commemorates the signing of the Treaty on 6 February 1840 by a group of Maori chiefs and the British Government, represented by Lieutenant-Governor Hobson. Waitangi Day commemorates the signing of a treaty at Waitangi on 6 February 1840 by a group of Maori chiefs and the British Government, represented by Lieutenant-Governor Hobson.
The Trail of Waitangi
Brief eyewitness accounts of the circumstances prior to the Treaty being signed.
Quick Guide and Brief History of the Treaty of Waitangi.
Documents and Publications
The Maori Law Review
The Maori Law Review is a reporter of law affecting Maori, the indigenous people of New Zealand/Aotearoa. The Review covers Maori Land Law, the Waitangi Tribunal including all reports, Relevant decisions from Courts and Tribunals, Parliamentary material including all bills and statutes affecting Maori, and reviews of key publications.
Relevance of the Treaty of Waitangi to Australia
What’s in a Treaty as Reconciliation?
Short paper by Roderic Pitty from the Historical Documents Project Section of the Department of Foreign Affairs and Trade (DFAT). (2000)
The Political Economy of a Treaty: Opportunities and Challenges for Enhancing Economic Development for Indigenous Australians
Paper by Jon Altman, Professor and Director of the Centre for Aboriginal Economic Policy Research at The Australian National University (PDF file)
Towards Greater Indigenous Participation in Australian Commercial Fisheries: Some Policy Issues
ATSIC paper (2000)
Canada
The Treaty Document
Treaty 8 website
Information on the treaty signed between Her Majesty in Right of Canada and the First Nations of Northern Alberta, Northwest Saskatchewan, Northeast B.C. and southwest of the Northwest Territories.
Treaty Negotiations Office
Treaty 8 Tribal Association
BC Treaty Commission
The independent and neutral body responsible for facilitating treaty negotiations among the governments of Canada , BC and First Nations in BC.
View the original Treaty at Library and Archives Canada
Assembly of First Nations
The national representative organization of the First Nations in Canada.
Modern Initiatives and Claims
Initiatives and Projects
Current projects and initiatives being undertaken by the Treaty 8 First Nations of Alberta, the result of mandates and resolutions passed by the Chiefs of Treaty 8 Alberta.
Department of Indian Affairs and Northern Development.
Comprehensive Claims (Modern Treaties) in Canada
Historical Accounts
Treaty Research Report: Treaty Eight
Historical interpretation of the treaty by Dennis F.K. Madill.
Photos of people and places related to Treaty 8
Hard Bargains — The Making of Treaty 8
Jeffrey S. Murray, Government Archives and Records Disposition
Documents and Publications
List of Treaty 8 resources and publications
First Nations periodical index
The First Nations Periodical Index contains journals of mainly Canadian Native content. This Index is a tool providing access to information about First Nations for students (high school or university), educators, instructors and researchers.
Relevance of the Canadian experience to Australia
The 'folly of disunion' urges us onward
Indigenous Australians deserve a formal agreement, argues David Cooper
Treaty how?
Ravi de Costa explores the options for a formal treaty in Australia using evidence from the history of treaty-making in British Columbia.