Aboriginal Law Bulletin --- "Senate Inquiry into Legal Feasibility of Makarrata" [1982] AboriginalLawB 33; (1982) 1(4) Aboriginal Law Bulletin 13

• Senate Inquiry Into Legal Feasibility Of Makarrata

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Senate Inquiry into Legal Feasibility of Makarrata

The Senate Standing Committee on Constitutional and Legal Affairs has, over the past several months, been continuing its inquiry into the legal feasibility of proposals for some form of compact or treaty (often referred to as a 'Makarrata') between the Commonwealth and Aboriginal Australians. The Committee is studying the submissions it has received from interested persons and organisations expressing their views as to the sorts of issues which the Committee should consider and the manner in which these issues should be resolved.

In addition, in order to assist them in their deliberations, Committee members have visited Aboriginal and Islander communities in the Northern Territory, North Queensland (including Tones Strait), Central Australia and the Kimberley area of Western Australia. On these visits, the Committee asked Aboriginal people what they know of the Makarrata proposal, whether they regard it as a worthwhile matter to pursue and who should negotiate on their behalf if the proposal proceeds. It became apparent that knowledge of the Makarratta among Aboriginal communities varies significantly. Generally speaking, communities in remote areas either had not heard of it, or had only vague ideas as to the significance of the proposal.

Many who met the Committee spoke forcefully of those matters which they regard as vital to any settlement between Aboriginal and white Australians: foremost among these are land rights and compensation for land lost. Although decisions about what should be contained in any compact which may eventually emerge are not within the Committee's terms of reference, this sort of evidence is of great value as it provides vital background to the treaty proposal and will influence the nature of the report which the Committee eventually makes to the Senate. Another matter which came up for considerable discussion was existing systems of representation available to Aborigines in their dealings with Government, including both their level of support among Aboriginal people and the adequacy of their resources.

A final area worthy of mention relates to the continuing problems of health, education, unemployment and loss of identity about which Aboriginals are justifiably concerned. Although not within the scope of the Committee's inquiry in any direct way, members - some of them not for the first time, of course - had the opportunity to hear and to observe at first hand the impact which such problems have on Aboriginal society. This is of great assistance to them in their parliamentary role as it enables them to bring this experience to bear in their consideration of issues affecting Aboriginal people.

The Committee's program for the rest of the inquiry includes hearings in Canberra on 22 June and Sydney on 28 and 29 June. Following these meetings, the Committee will consider whether further hearings are necessary to complete its survey of Aboriginal opinion. Once hearings are concluded, the Committee will turn its attention to writing its report. Throughout the inquiry so far the Committee has been aware of the complex and delicate nature of the issues under consideration. Accordingly, it has been conscious of the need to move carefully and with great thoroughness. Equally these factors will operate during its consideration of the evidence, its framing of recommendations and its writing of a report to the Senate. It is not yet possible to set a firm date by which the Committee expects to table its report, except to say that it should be late this year or early in the Parliamentary sittings in 1983.

Any inquiries should be directed to the Secretary of the Committee, Christopher Fogarty, The Senate, Parliament House, Canberra 2600, telephone [phone].