Treaty, yeah! Treaty, now!
Queensland Teachers' Journal, Vol 128 No 2, 31 March 2023, page no. 11
The Uluru Statement from the Heart calls for Voice. Treaty. Truth. But what is a Treaty and why do we need one? Gandu Jarjum member and acting Aboriginal and Torres Strait Islander Officer Emerson Zerafa-Payne explains.
What is a Treaty?
A Treaty is a signed, negotiated agreement. There is no standard format for Treaties – each treaty is shaped by the historical, social, political, and environmental factors and context that exists between the parties negotiating it. In Australia, there has never been a treaty negotiated between First Nations peoples and the government.
Wait, I thought there was a treaty?
Calls for Treaty go back decades. Key events include the 1963 Yirrkala bark petition, the 1966 Gurindji walk off at Wave Hill Station, and the 1988 Treaty 88 campaign, during which the Barunga statement was presented to Bob Hawke, who promised a treaty by 1990. When 1991 rolled around without a treaty, Yothu Yindi released the iconic song, "Treaty".
In 2017, the Uluru Statement from the Heart was signed, calling for Voice. Treaty. Truth. Until the current federal government was elected, previous governments refused to entertain the idea. Which brings us to now – every single state, bar New South Wales, has started a path to Treaty. A federal Treaty would recognise the sovereignty of all First Nations peoples in Australia.
Why does there need to be a Voice to Parliament before Treaty?
Treaties are agreements between parties – usually governments and First Nations peoples. Because they are simply “agreements,” they can be taken away, changed, or never enacted. By having a Voice to Parliament, First Nations peoples can ensure that we always have a seat at the table, for all decisions – and Treaty would be a part of that.
Why is a treaty needed?
Australia is the only country in the Commonwealth without a Treaty. A Treaty is about mutual respect, speaking to one another, and truth-telling, and it should result in us achieving self-governance, self-determination, the freedom to live in accordance with our culture, our land, economic independence, recognition of our identity, and so much more.
What could a Treaty do?
Treaties enable First Nations peoples to have a voice and self-determination. When First Nations communities and organisations design and deliver services for First Nations peoples, those services are more effective. This would result in significant change and improved outcomes – First Nations peoples will be able to directly tell the government what we want and need. A Treaty would go a long way in overcoming injustices still suffered by First Nations peoples today.
How do we know a Treaty will be effective?
Many countries around the world have signed and implemented treaties. Aotearoa (New Zealand), Canada, Norway, Sweden, Finland, Japan, Greenland, and the United States have all negotiated treaties with their Indigenous peoples. Canada has made about 70 recognised treaties with First Nations peoples since 1701. In Aotearoa, Māori and British signed the Treaty of Waitangi in 1840.
What does this mean for education?
In a nutshell, going off Aotearoa’s example of the Waitangi Treaty, most likely the only impact on schools and education will be a call for education departments to understand and honour Treaty principles in all actions and decision making.
Up until now, First Nations educational policy is rooted in what we call “deficit discourse,” and Closing the Gap is a prime example. There is an inherent focus on what First Nations people can’t achieve and measuring Blak kids against non-Indigenous peers using non-Indigenous methods of assessment. With a First Nations Voice to Parliament, First Nations peoples can take ownership over relevant policies, turn the narrative into a strengths-based approach, and determine what our kids need and how to design, deliver and implement these services.
What can you do to support Treaty?
We can’t have a Treaty without a Voice.
Listen to First Nations voices, support us.
Walk this path with us.
Vote "Yes".