A treaty is a political agreement reached by a fair process of negotiation between equals. It is a binding agreement between two or more parties that sets out the terms of engagement and obligations of all sides to maintain the agreement. In the context of Indigenous peoples in Australia, a treaty acknowledges them as a distinct political community different from other Australians.
The absence of a treaty is one of the major challenges facing the treaty debate in Australia. Without a history of treaty-making, the concept of what a treaty is or involves remains vague for many people, including the government. Australia has signed up to a range of international legal instruments that concern the rights of Indigenous peoples, and these legal instruments set a clear standard for what makes an agreement a treaty. A treaty must satisfy three conditions: it must be negotiated between equals, it must be a fair process, and it must be a political agreement.
There is a long history of treaty-making all over the world from which Australia can draw lessons. However, modern treaties differ from those negotiated in colonial periods. They are more technical and legally complex, and they are negotiated against a long history of inequitable relationships. In Victoria, the First Peoples Assembly and State government have agreed to a Treaty Negotiation Framework that sets out principles to guide Treaty talks.
In summary, a treaty is a political agreement reached by a fair process of negotiation between equals that sets out the terms of engagement and obligations of all sides to maintain the agreement. In the context of Indigenous peoples in Australia, a treaty acknowledges them as a distinct political community different from other Australians.
