Title

A Treaty Between Ourselves First of All?

The rejection of terra nullius by the High Court in the Mabo (No 2) case may be interpreted to mean that there is now a vacuum in the official relationship between the Australian Government and Indigenous Australians. A vacuum may seem better than terra nullius, but the current Treaty campaign could be seen as an opportunity for Indigenous Australians, in unity, to tell the Australian Government what we want in our new relationship, and how to make amends for the devastation caused by terra nullius.

This paper describes a long term strategic process of how Indigenous Australians may, in unity, negotiate a Treaty with the Australian Government. It is proposed that the major principle underlying the process is that it be driven by the consensus of all Indigenous Australians. It suggests that consensus may be achieved if Indigenous Australians embark on a 5-10 year consultation process simply to negotiate a Treaty between ourselves first of all to agree on the terms or principles of an acceptable Treaty, and to agree on what is not acceptable. Only then, it is argued, will our Indigenous negotiators be fully empowered and informed to negotiate with the Australian Government over a Treaty.

Bio

Kevin is an Eastern Arrernte man from central Australia. He has trained in law, commerce and journalism and has had 15 years’ experience in a range of capacities in Aboriginal affairs, from working in the public sector in employment, training and business planning, to public affairs and Indigenous legal issues while at the Aboriginal Legal Service of WA. He has substantial knowledge of the issues arising from, and the pitfalls and potential, of regional agreements and service delivery agreements made between indigenous communities, government and/or industry.

He is currently working as an Indigenous community development and planning consultant. In association with FOCUS Pty Ltd, Kevin co-authored a Manual on Regional Agreements for the Aboriginal and Torres Strait Islander Commission, published in February 2001. With his strong understanding of the procedural, content and implementation aspects of long term comprehensive regional agreements, Kevin has assisted negotiation processes between Indigenous communities, government and industry and has been developing ATSIC policy on Indigenous traditional living areas. At university, he focused on dispute resolution and other mediation processes, as well as designing community governance and corporate governance structures which reflect culturally relevant regional or community decision-making structures. He designs and facilitates strategic planning workshops, community education and information sessions in urban, rural and remote Indigenous communities.