“Treaty is about finding a place where we can face up to our shared history and be truthful about all of it – good and bad – and build a future together where we value, trust, and respect each other.” – Premier Annastacia Palaszczuk
Jonathan Fulcher, Leanne Collingburn and Jessica Mark discuss the Queensland Government's recent announcement of the launch of formal Path to Treaty between Queensland and First Nations peoples.
Yesterday, Premier Annastacia Palaszczuk announced her Government’s next step forward in a Path to Treaty between Queensland and First Nations peoples, including establishing in legislation a First Nations Treaty Institute (Institute) and a Truth Telling and Healing Inquiry.
Accepting (in full or in-principle) all of the 22 recommendations contained in the Treaty Advancement Committee Report, it was also announced that the Government would take steps in legislating a First Nations Institute to draft a legal framework for treaty negotiations within the next 18 months. Importantly, the Government has accepted in full the Treaty Advancement Committee’s recommendation that the legislation and establishment of the Institute be guided by:
- self-determination;
- participation in decision-making underpinned by free, prior and informed consent and good faith;
- respect for and protection of culture; and
- equality and non-discrimination.
The Government noted that the proposed legislation will include guiding principles to apply to the Path to Treaty process, and to the parties to the treaty process, that embody the rights of the 2007 United Nations Declaration on the Rights of Indigenous Peoples and as reflected in rights recognised in the Human Rights Act 2019 (Qld).
An Independent Interim Body (Interim Body) with Indigenous and non-Indigenous representatives will be appointed to oversee the treaty process until the First Nations Institute is established. The Interim Body will lead local truth telling initiatives to encourage a "shared understanding of history" in institutions such as public libraries, museums, and art galleries.
At the launch, the Premier also signed a Statement of Commitment (the Statement) with First Nations Leaders. An excerpt from the Statement reads:
“This Path to Treaty is a journey, not for the timid, but for those who are courageous to confront our uncomfortable past, the curious who long to find out and live with the truth, and the optimists who dream of the possibilities of a future where we live comfortably with the past, free of blame and rancour.’’
The treaty will be a signed and negotiated agreement between First Nations peoples and the Queensland Government, in either the form of a single treaty for the whole state or individual treaties with various Indigenous groups.
Treaty progress in other states and territories
Yesterday it was announced that Victoria’s parliament has passed the landmark legislation to create First Nations treaty authority. This legislation will make Victoria the first jurisdiction to establish an Indigenous treaty authority that will act as an independent umpire to oversee treaty negotiations and will hold duties to resolve disputes between traditional owner groups and the state government. (See our June 2022 update on Victoria’s treaty authority bill here).
The Northern Territory is currently in an advanced stage of its treaty process with the Northern Territory’s Acting Treaty Commissioner, Tony McAvoy SC, releasing his Final Report on 29 June 2022.
Following the feedback from the Tasmanian Aboriginal organisation on the Pathway to Truth-Telling and Treaty Report, the Tasmanian Government held a landmark joint meeting with representatives from the Aboriginal community to discuss a proposed pathway to truth-telling and Treaty. All Tasmanian Aboriginal organisations have since been invited to consult their communities and provide feedback on the membership and functions of an Aboriginal advisory body to co-design the next steps on this journey.
New South Wales and South Australia remain committed to beginning Aboriginal community consultations to work out the best Path to Treaty. This will include listening to Aboriginal communities across the state, as well as drawing on best practice and models being applied across other jurisdictions.
Western Australia and the Australian Capital Territory remain the only two states to have not yet engaged in formal Path to Treaty discussions.
HopgoodGanim Lawyers
HopgoodGanim Lawyers acknowledge the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
In accordance with our Pro Bono Impact Strategy, HopgoodGanim Lawyers intend to better educate our community about Australia’s relationships with First Nations peoples, and will continue to provide updates of Treaty progress throughout Australia.