Treaty FAQs

  • The Final Report sets out a proposed Treaty Making Framework underpinned by three key priorities:

    1. First Nations-based – Each First Nation must be able to speak for itself, and, therefore, Treaties should be between individual First Nations (or coalitions of First Nations) and the NT Government.
    2. Human Rights-based – Treaty-making must be consistent with the minimum standards contained in the United Declaration of the Rights of Indigenous Peoples and the van Boven/Bassiouni Principles.
    3. Self-Government-based – Treaty must lead to the formal recognition and empowerment of First Nations self-government, in recognition that Aboriginal people have been self-governing over their traditional lands in the NT for thousands of years.

    To achieve this Framework, the Final Report proposes the following key recommendations:

    1. The establishment of a First Nations Forum through which Aboriginal Territorians can endorse a Treaty model and decide how First Nations should be represented in Treaty negotiations.
    2. The development of a Treaty process that allows for the negotiations of many individual Treaties between the NT Government and First Nations (or coalitions of First Nations). This would include negotiation of:
      • a Territory-Wide Agreement, which would be negotiated first and would set out the broad scope, minimum standards, key principles and mandatory terms necessary for all subsequent treaty negotiations in the NT.
      • individual treaties between First Nations (or coalitions of First Nations) and the NT Government.
    3. The development of a process for First Nations to gain official recognition as First Nations and transition to a First Nation Government.
    4. The development of an Office of Treaty-Making within the NT Government to coordinate NT Government responses to Treaty-making.
    5. The extension and expansion of the Treaty Commission to become a Treaty and Truth Commission under new Territory legislation, to progress truth-telling work across the NT and practically support First Nations prior to and during the Treaty negotiation process.
    6. The creation of an Aboriginal Ombudsman position to respond to complaints regarding government participation in the Treaty process.
    7. The creation of a First Nations Treaty Tribunal to deal with disputes in relation to First Nation membership and boundary, and in relation to Treaty performance.
    8. The delivery of significant legislative reform to underpin this work, namely through:
      • the development of a Treaty and Truth Commission Act 2022 to act as the legislative basis for negotiating the Territory-Wide Agreement, setting up the Treaty and Truth Commission and recognising First Nations.
      • the development of a First Nations Self-Government Act (FNSGA) to provide the legislative basis for First Nations to seek recognition and transition to First Nation Governments.
      • amendment of the Local Government Act 2019 (LGA) to acknowledge Traditional Owners, confine the LGA to municipal areas as the FNSGA expands, incorporate human rights principles and provide greater decision-making mechanisms for First Nations people in local councils.
    9. Ensuring both First Nations and the NT Government take concerted steps to become ‘Treaty-ready’ and in a position to negotiate and implement treaties on equal footing.

    This Treaty-Making Framework is intended to provide the articulation of principle, the guidance and the practical measures to give effect to the expressed views of First Nations people in the NT, without interfering with each First Nations’ right to self-determine.

  • The word Treaty can be used to describe a range of agreements between states, nations, governments or people.

  • The Northern Territory Government respects the special position of Aboriginal people as the First Nation people of this country.  Treaty or Treaties will set the foundation for future agreements between Aboriginal people and the Northern Territory Government. A Treaty will allow both parties to negotiate and agree on rights and responsibilities and establish a long lasting relationship.

  • There are a number of options available. A Treaty could be effected through:

    • A contract between the NT Government and Aboriginal representative bodies;
    • Legislation enacted by the NT Legislative Assembly;
    • Legislation enacted by the Commonwealth Parliament. This would resolve any potential conflicts between the proposed treaty and other Commonwealth legislation;
    • If the NT became a State, entrenchment in the new State Constitution or in the Commonwealth legislation granting Statehood; or
    • Entrenchment in the Commonwealth Constitution.

  • Because the NT is a territory and not a state, its ability to self-govern is granted by the Northern Territory (Self-Government) Act 1978 (Cth).  A NT Treaty cannot be inconsistent with what this Act allows.

    Additionally, a NT Treaty cannot be inconsistent with any Commonwealth legislation.  Critical pieces of Commonwealth legislation in the NT that will need to be considered carefully in this context are the Aboriginal Land Rights (Northern Territory) Act 1978 (Cth) and the Native Title Act 1993 (Cth).

  • Aboriginal people (either in total or as sub groups) from the Northern Territory will be one party to a Treaty. The Northern Territory Government will be the other party.

    Discussions with Aboriginal people will determine how they are represented in the Treaty-making process.  This discussion will be an integral part of developing and recommending the overall framework for Treaty negotiations.

  • Options include, but are not limited to:

    A single Treaty

    This could include one Treaty that a number of Aboriginal groups sign onto.  A single Treaty can take into account the differences between Northern Territory Aboriginal peoples, however, it may be restricted in its ability to provide region specific outcomes

    Overarching Treaty with separate side agreements

    An umbrella Treaty would be a general agreement between the Northern Territory Government and Aboriginal people in the Territory concerning certain matters.  Then under the umbrella Treaty, Aboriginal groups can negotiate separate agreements for additional or distinctive rights depending on their situation and regional needs.

    Multiple Treaties

    A number of separate Treaties could be agreed between the Northern Territory Government and different Aboriginal groups in the Territory.

    The Northern Territory Government would agree a standardised process, based on your feedback during negotiations, so that each Treaty contains similar outcomes, but considers localised need.  We would also need to consider how different Treaties would be organised, for example by region or language group. And there would need to be a manageable amount of Treaties across the Territory.

  • The Northern Territory Government supports the Uluru Statement from the Heart.

    It is important that the national conversation continues. This can occur at the same time, and separately to, the Treaty process in the Northern Territory.

  • In developing a framework for Treaty negotiations, we will keep abreast of national developments and will aim to ensure that as far as possible, a NT framework will not only dovetail into Commonwealth proposals, but both leads and enhances the national work.

    In a recent article, Hobbs and Williams conclude that much of the current debate is misdirected in focusing upon the idea of a national treat and assert that as in Canada, we can expect negotiations to occur at predominantly this (the state and territory) level.

  • Developing a Treaty or Treaties will take time.

    Engagement will be ongoing and it is important that we establish an inclusive process that supports respect; good faith; equality of standing; and cultural appropriateness across all stages of Treaty development

    The first stage in developing a framework for Treaty negotiations will be to consult extensively with Aboriginal Territorians

    We are committed to working together and taking the time needed to get this right.