The South Australian state government has opened up fresh conversations around a treaty with the Narungga Nation Aboriginal Corporation. This renewed attention follows the transition of the Buthera Agreement to an incorporation charter. This agreement is an important step and mutual commitment from both parties to continue treaty negotiations, which formally started in 2016. Aboriginal Affairs Minister Kyam Maher said the state government was “not in a hurry” to walk the process. This hardball tactic raises questions about how far into the future any possible deals would be struck.
In 2016, the government of South Australia addressed this challenge by committing $4.4 million over five years to advance the treaty process. In addition, an independent commissioner has been charged with ensuring meaningful consultation with communities at every step of this process. Despite these efforts, the previous Liberal government, led at the time by then premier Steven Marshall, pulled the plug on negotiations a few months later. Marshall’s assessment of the treaty agreements as being “more divisive than helpful” raised alarm bells for Aboriginal leaders.
The Path Forward for Treaty Negotiations
One of Australia’s leading Aboriginal rights advocates, Melissa Clarke, makes the case for giving each nation of traditional commons the space to negotiate their treaties. She argues that each country has different traditions and requirements, which deserves customized compacts. Clarke stated, “Each nation has different customs, beliefs, worldviews, languages,” underscoring the diversity within Aboriginal communities.
Even amidst the challenges encountered in the treaty negotiation process, Clarke is hopeful. “My elders, our community leaders have not given me any indication that they’re fatigued or are apathetic to being able to progress any negotiations or advocacy,” she said. She further expressed that communities are ready to engage in meaningful discussions, stating, “We are sitting here waiting, prepared to commence these negotiations.”
Keith Thomas, CEO of SA Native Title Services expresses that Clarke’s reflection. He is convinced that the community is now “re-oriented” to resume treaty negotiations. Thomas made a point of saying that stronger native title, heritage and water rights would come out of these negotiations. This would be a win-win for Aboriginal communities and all South Australians. He remarked, “I think there has to be recognition from the state government about the growth in native title bodies in South Australia.”
Learning from Other Models
The South Australian government is considering various models for treaty negotiations, including those implemented in Victoria, Canada, and New Zealand. Victoria’s model is notable for its extraordinary success. Importantly, it empowers Aboriginal Victorians to negotiate treaties with the government on a statewide level or within their local communities.
Clarke also emphasized the need for a state treaty to include all Aboriginal nations as opposed to separating native groups. “It should be a state treaty between the Aboriginal nations and the state, looking at all the groups involved (and) not separating or having one against another,” she explained. Ensuring that marginalized communities are represented will help shape inclusive infrastructure projects that respond to the diverse needs of affected communities while promoting collective action.
In terms of the hazard pay, Maher has been pretty transparent that we shouldn’t expect action anytime soon. He argues that no contracts will be signed before the next state election in nine months. This statement worries many Aboriginal leaders who are cautiously hoping for big change.
The Broader Context of Treaties
The push for treaty discussions aligns with broader policy commitments to implement the three requests of the Uluru Statement from the Heart: Voice, Treaty, and Truth. Clarke’s work highlights the importance of treaties in bringing balance back to Australia. “Treaty is about restoring balance in this country for everybody,” she asserted.
These lines echo Clarke’s call to recognize the shared human values that are at the very heart of Aboriginal culture. “We share, we give, we don’t take back,” she said, reiterating the premise that treaties should be based on mutual respect and sharing between peoples and their governments.
As discussions progress, both Clarke and Thomas remain hopeful that meaningful dialogue will lead to successful negotiations that honor the unique strengths and perspectives of Aboriginal nations in South Australia.
