Nettle, Kerry --- "Parliamentarians and the Treaty - Obstacles and Opportunities" [2002] IndigLawB 78; (2002) 5(21) Indigenous Law Bulletin 20

• Parliamentarians And The Treaty – Obstacles And Opportunities

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Parliamentarians and the Treaty – Obstacles and Opportunities

by Senator Kerry Nettle

Discussion of the prospects for parliamentary support of a treaty must be seen in the context of the many issues competing for the attention of politicians. For the last year, debate in parliament has been driven by legislation and by the overarching issues of war and terrorism. Sadly, reconciliation issues do not have a high profile in federal parliament at the moment, and talk of a treaty is low on the agenda.

Parliamentarians most often turn their minds to this issue when invited to speak on the topic by Indigenous groups. I spoke at the ATSIC Treaty conference recently and heard Phillip Ruddock do a phenomenal job of dodging the topic; a solid ten minutes of assiduously avoiding any commitment to a treaty with Indigenous Australians.

So when I am asked what are the main obstacles to a treaty it strikes me very strongly that the primary obstacle is the attitude of the Coalition Government to Indigenous people. I believe this government equates a treaty with Indigenous Australians with a sense of guilt and a requirement for compensation, and are determined to have no part of either.

Beyond that very obvious obstacle I also see a number of more minor stumbling blocks for parliamentarians. However, the good news is that I believe all of these further challenges can be addressed through public education campaigns, including the continuation of discussion forums for Indigenous and non-Indigenous Australians on the issue of the treaty.

One obstacle to an increased focus on this issue is the unfamiliarity of the treaty concept. Australians are starting with a lack of information and knowledge, and are unsure of what is involved in achieving a treaty.

Examples from overseas are useful in overcoming this problem. Of course, this is a campaign tool that is also used effectively by those who oppose a treaty, referring to negative experiences of treaties elsewhere. However, I believe that we can learn from the lessons of overseas experiences while drawing on the positive elements as concrete examples.

I know that discussion continues amongst Indigenous communities about the various levels at which treaties could be entered into. This discussion provides the opportunity to promote the tremendous goodwill and commitment that has been shown by particular local communities to negotiate treaties, and shows that success is possible.

For some parliamentarians the treaty issue may also be wrapped up in the problematic question of Indigenous representation. The concept of designated seats is controversial and for some may be seen to threaten the positions of existing parliamentarians. More generally, concerns of this kind lead many to see treaties as inevitably linked to constitutional change. This area has been consumed by the troubled republic debate and for some remains in the ‘too hard basket’ where the treaty unfortunately follows.

Perhaps some parliamentarians baulk at the serious issues that the Greens regard as inextricable from the question of treaties. These include a significant financial commitment to address the horrendous equity imbalances in the provision of services to Indigenous communities, an apology to the stolen generation, and constitutional recognition that this land was never seceded by Indigenous Australians.

These points are merely my estimation of some of the views of parliamentarians about a treaty, without having carried out any kind of survey. A formal survey would be an interesting exercise and could produce a far more positive result. I believe that all of the concerns that I’ve highlighted could easily be addressed through an education campaign. These sorts of campaigns are continuing in Indigenous and non-Indigenous communities, and I look forward to continuing to be part of such discussions across the country.

Kerry Nettle is an Australian Greens Senator for NSW. Senator Nettle has worked closely with Indigenous communities, particularly in the campaign to stop uranium mining at Jabiluka in Kakadu National Park.