A Treaty Between Indigenous and Non-Indigenous Australians

This project came to an end on 31 May 2005. No new materials have been added to this site.

Treaty Resources and Extra Reading

The emphasis is on information freely downloadable from the World Wide Web although some books and other items not available on the web are included. The final outcome from the Centre's Treaty Project was the book Treaty (Federation Press, 2005). It is a short, accessible paperback that deals with the main issues associated with the treaty idea in Australia. More details on the book can be found at the publisher's website here.

Treaty Project Issues Papers

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Issues Paper No 4  - Could a Treaty make a Practical Difference in People's Lives? The Question of Health and Well-being by Sean Brennan

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Issues Paper No 3  - Native Title and the Treaty Debate: What's the Connection? by Sean Brennan

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Issues Paper No 2  - What's Sovereignty Got To Do With It? by Sean Brennan, Brenda Gunn and George Williams

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Issues Paper No 1  - Why 'Treaty' and Why this Project? by Sean Brennan.

Calls for a Treaty 1999-2000

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Reconciliation. Australia’s Challenge. Final Report to Parliament by the Council for Aboriginal Reconciliation (2000).

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Until the Chains Are Broken. 4th Vincent Lingiari Lecture by Patrick Dodson (1999).

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Beyond the Mourning Gate - Dealing with Unfinished Business. Wentworth Lecture by Patrick Dodson (2000).

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Address to Corroboree 2000. ATSIC Chairman Geoff Clark (2000).

History of Calls for a Treaty

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AIATSIS Digitised Collections, Australian Institute of Aboriginal and Torres Strait Islander Affairs. (Includes full text versions of important documents eg, Yirrkala Bark Petition 1963, National Aboriginal Conference Makarrata documents 1979-1983, Aboriginal Treaty Committee papers 1979-1983, Senate Standing Committee on Legal and Constitutional Affairs report 200 Years Later… 1983, Barunga Statement 1988, Treaty '88 Campaign).

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ATSIC, Recognition, Rights and Reform: A Report to Government on Native Title Social Justice Measures (1995)

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Stewart Harris, ‘It’s Coming Yet…’, The Aboriginal Treaty Committee, 1979.

General Information from Supporters of a Debate about a Treaty

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National Treaty Support Group.

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Australians for Native Title and Reconciliation (ANTaR).

Conference Papers, Seminar Series etc

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Limits and Possibilities of a Treaty Process in Australia, Australian Institute of Aboriginal and Torres Strait Islander Affairs (2001).

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Marcia Langton and Lisa Palmer, ‘Negotiating Settlements: Indigenous peoples, Settler States and the Significance of Treaties and Agreements – Overview of Seminar Series’(2002) Institute of Postcolonial Studies, Melbourne. Many papers within the series were later revised and included in Marcia Langton et al (eds), Honour Among Nations? Treaties and Agreements with Indigenous People (Melbourne University Press, 2004).

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National Treaty Conference, 28-28 August 2002.

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Treaty. Advancing Reconciliation.(2002) Murdoch University. Conference Papers.

Research Projects

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Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. (2002-2005)The University of Melbourne (Professor Marcia Langton, Chair of Indigenous Studies, and Ms Maureen Tehan of the Faculty of Law, and Dr Lisa Palmer, Postdoctoral Research Fellow), the University of Technology Sydney (Professor Larissa Behrendt of the Faculty of Law and Jumbunna Indigenous House of Learning), ATSIC (industry partner).

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The Public Law Aspects and Implications of a Treaty or Framework Agreement(s). (2002-2005) The University of New South Wales (Professor George Williams and Sean Brennan, Gilbert & Tobin Centre of Public Law including a partnership with Reconciliation Australia and support from the Myer Foundation), the University of Technology Sydney (Professor Larissa Behrendt and colleagues from the Faculty of Law and Jumbunna Indigenous House of Learning), and the Australian Institute of Aboriginal and Torres Strait Islander Affairs (Dr Lisa Strelein).

Regional Autonomy

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Peter Yu, Aboriginal Rights and Governance: A Kimberly Perspective, paper presented to the Indigenous Governance Conference (Canberra, 2002)

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ATSIC, Report on Greater Regional Autonomy (2000)

Governance

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Indigenous Governance Conference. (2002).

Economic Development

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Harvard Project on American Indian Economic Development.

Comparative

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Study on treaties, agreements and other constructive arrangements between States and indigenous populations. Final report by Miguel Alfonso Martínez, Special Rapporteur. UN Commission on Human Rights. (1999).

International Human Rights Law

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Garth Nettheim, International Rights: Bases for Indigenous Rights. Treaty. Advancing Reconciliation. (2002) Murdoch University. Conference Papers.

Native Title

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Sean Brennan 'Native title in the High Court of Australia a decade after Mabo'14 Public Law Review 209

Health

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Papers and related material from the National Forum on Indigenous Health and the Treaty Debate: Rights, Governance and Responsibility.

Canada

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Comprehensive Claims (Modern Treaties) in Canada, Department of Indian Affairs and Northern Development

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British Columbia Treaty Commission.

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First Nations Summit.

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Nisga'a Final Agreement and Background Information, Indian and Northern Affairs Canada

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Nunavut Land Claims Agreement and related materials, Indian and Northern Affairs Canada

Debate

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Ravi de Costa, 'Treaty How?' (2003) 4 The Drawing Board: An Australian Review of Public Affairs 1