Wilson, Ian --- "The Makarrata and the Government" [1982] AboriginalLawB 45; (1982) 1(5) Aboriginal Law Bulletin 5

• The Makarrata And The Government
• Nac Interim Report
• Senate Inquiry
• Government Interest In Makarrata

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The Makarrata and the Government

by Ian Wilson

The Commonwealth Government has indicated it is willing to discuss a Makatrata between the Aboriginal people and the Commonwealth Government, as proposed by the National Aboriginal Conference.

The NAC proposed a Makarrata in 1979 in preference to the use of the term ‘treaty’. Makarrata is an Aboriginal word accepted as meaning 'the end of a dispute and the resumption of normal relations'. A Makarrata was seen as a way of recognising the place and status of Aboriginals as equals in the wider Australian community and recognition of the friendship and mutual respect Aboriginals and other Australians should have for one another.

NAC interim report

Since the NAC asked for the Commonwealth Government to initiate negotiations for a Makarrata, the Conference has issued an interim report on a Makarrata to which the Government has responded. The proposals in the interim report, based on extensive - though initial - consultation with Aboriginal communities throughout Australia were:

• recognition of prior ownership of Australia;
• land rights;
• cash compensation;
• Aboriginal electoral representation at all levels of government;
• compulsory employment in government bodies of a fixed proportion of Aboriginals;
• compulsory teaching of Aboriginal culture in schools;
• repeal of discriminatory laws;
• formal recognition of National Aborigines' Day, Aboriginal heroes and historic sites; and
• the return of Aboriginal artefacts and relics from museums.

The Commonwealth Government, after considering the report, told the NAC it was prepared to pursue the concept. It was also prepared to acknowledge prior Aboriginal occupation of Australia, but not to:

• negotiate a 'treaty' (implying an internationally recognised agreement between nations);
• agree to any fixed financial commitment into the future (but is nevertheless committed to continuing special programs of assistance for Aboriginals);
• reserve seats in the Commonwealth Parliament for Aboriginals;
• employ a fixed proportion of Aboriginals in Commonwealth Goverment agencies; nor
• act unilaterally in those areas in which State governments have an interest, for example, land rights and teaching ' of Aboriginal culture in schools. In this regard, the Commonwealth has encouraged the NAC to negotiate directly with the States.

The NAC has had the way opened to it to discuss with State Governments the proposals contained in the interim report. The Government has assisted the NAC in this regard through the NAC's attendance at a meeting of the Australian Aboriginal Affairs Council in March 1981 so that the NAC could outline the Makarrata concept.

Following publication of the interim report, the NAC presented a set of 'Twenty-four Demands' to the Government. These demands have been examined by the Government but the Government considers that it would be impossible to agree to many of them.

The NAC has also recently issued a publication called, Makarrata: Prelimiary Findings of Makarrata Research. The publication, in line with the traditional Aboriginal consensus approach to decision-making, seeks the views of Aboriginal people to preliminary proposals for negotiation between the Commonwealth and the NAC.

Senate inquiry

The Senate Standing Committee on Constitutional and Legal Affairs is now examining the feasibility - whether by Constitutional amendment or other means - of servicing a compact, or Makarrata. The final report on this study may not be available until early 1983 and could influence the Government's approach to the Makarrata.

The legal status of a Makarrata would also depend on the final proposals open to negotiation. This cannot be addressed at this time as the NAC has not finalised its proposals, and the Government does not believe that it is appropriate for the Commonwealth to tell the NAC what it should include in its proposals.

Government interest in Makarrata

The Government is clearly interested in pursuing the concept of Makarrata. It has said it is prepared to consider proposals for such an agreement. It has further stated that proposals contained in such an agreement must be capable of being met and that the Commonwealth would not be prepared to act unilaterally where State powers were involved. It has clearly indicated to the NAC that the NAC must consult with State Governments where necessary.

Development of the Makarrata is a complex process. What form it might take has still to be determined. But an important process of consultation and discussion has begun.

Ian Wilson is the Minister for Aboriginal Affairs