What were the recommendations of the Treaty Commissions Final Report

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.