Constitutional change
Human Rights Act
Australia is the only liberal democracy in the world that does not have a Human Rights Act.
ANTaR recently called on the Australian Government to protect Aboriginal and Torres Strait Islander peoples’ rights, and to act to eliminate racism and violence, in our submission to the Human Rights Act consultation committee. Aboriginal and Torres Strait Islander peoples are still seeking redress for past human rights violations as well as experiencing contemporary violations of their human rights. These must be addressed, alongside efforts to lay a foundation for future rights protection.
It is very difficult to enforce human rights. In Australia there is no comprehensive legal framework for appealing against breaches of human rights in our country.
If you think that we don't need it, read on: it is good to know your rights!
Treaty
ANTaR believes that constitutional change is essential to ensure that the rights of Aboriginal and Torres Strait Islander people are fully protected. Without this legal guarantee Aboriginal Australians, who make up less than 3% of our population, will continue to be subject to the whims of party politics.
Recognition of Aboriginal and Torres Strait Islander people in the constitution is back on the national agenda. The forthcoming referendum on this issue is likely to be the only chance this decade to achieve the legal recognition of Aboriginal and Torres Strait Islander rights.
Talks are the obvious process for exploring the terms of a new relationship. A treaty process is the usual mechanism for implementing and safeguarding what's agreed to during talks. ANTaR believes that an agreement or treaty process be established for dealing with the 'unfinished business' of Reconciliation.
Take action
Prior to the federal election last November, ANTaR promised that we would seek meetings with both the Prime Minister and the Leader of the Opposition, to urge them to adopt a cross-party approach to the rights of Aboriginal and Torres Strait Islander Australians.
We asked the new government to put into place seven steps for justice, of which one was constitutional change.
Recent key reports
Report: A Treaty Between Indigenous and Non-Indigenous Australians
A set of four project issue papers: A Treaty Between Indigenous and Non-Indigenous Australians by Gilbert + Tobin, 2002-2005.
All things considered — a range of opinions
To give you a complete picture about treaty and constitutional change, here's a range of perspectives. The views expressed here are not necessarily those of ANTaR, but we think they should be considered and thoughtfully debated.
- Breaking the Great Australian Silence - John Pilger human rights award speech, 5 November 2009
- A treaty now will go a long way to a more equal Australia - Paul Briggs, The Age, 4 May 2009
- Racist premise of our constitution remains - George Williams, The Sydney Morning Herald, 7 April 2009
- Chief Justice backs Aboriginal Treaty - The Sydney Morning Herald, 28 March 2009
- Patrick Dodson's Nulungu Lecture - 21 August 2008
- Place for Aborigines in the constitution - Sydney Morning Herald, 24 July 2008
- Serious business - Galarrwuy Yunupingu, 27 October 2007
- Many paths to reconciliation - The Australian, 13 October 2007
- Rush will doom preamble, say experts - Sydney Morning Herald, 13 October 2007
- The first step on a long walk to unity - Patrick Dodson, 13 October 2007
- Reconciliation talk now needs the walk - Gary Highland, 12 October 2007
- Constitutional recognition of Indigenous rights long overdue - ANTaR media release, 11 October 2007
- The right time - Prime Minister John Howard, 11 October 2007
- A reminder of a people left behind - Muriel Bamblett, 22 May 2007
- After four decades, Aborigines still struggle to be heard - Wesley Aird, 22 May 2007
- No change without strong legal measures - Larissa Behrendt, 19 May 2007
Does Australia need a Treaty between Indigenous and non-Indigenous people?
We encourage considered, respectful and where necessary provocative debate. Please feel welcome to have your say, and in turn allow others to have their say without responding in anger or distrust.
ANTaR reserves the right to delete any comment that contains offensive, defamatory or discriminatory content. If you feel any of these comments are of this nature, please let us know.

Facebook
MySpace
YouTube
Flickr
Sea of Hands
RSS feeds
Call for a Treaty between Indigenous people and all Australians
Donna Odegaard (not verified) — 19 May 2009The legacy of British invasion and dispossession legitimised the denial of Aboriginal sovereignty and Aboriginal rights to treaty negotiations over their property and lives resulting in catastrophic Indigenous disadvantage. The shocking facts of Indigenous disadvantage were made public through the NT Emergency Response - the Intervention, inflicting further humiliation and suffering upon Indigenous and non-Indigenous Australians that time will hopefully erase through the collective efforts of all Australians and resources of the Australian Government. It is hoped that non-Indigenous Australians who realise the extent of Indigenous disadvantage will back our calls for a treaty to right past wrongs and change the Australian Constitution through a referendum of support to negotiate a renewed relationship commencing with mutual respect, cooperation, co-existence and responsibility. As an advocate for a treaty I firmly believe that a treaty is a legalistic issue that is possible to achieve. We have proved our sovereignty exists through our admission and decades of land rights and native title claims proving our pre-existence, connection to land and cultural identity, however, the courts have remained silent on this fact for fear of upsetting the bucket of law built on the denial of fundamental rights of Australia's first peoples. The greatest fears are firstly admitting there is a legal 'relationship' and secondly, resistance to 'characterise' the relationship. The relationship between Indigenous peoples and the State has historically remained ambiguous to enable the prevailing authority to execute laws and policies controlling Indigenous Australians. However, the juridicial denial of Aboriginal rights has not dampened the spirit of Indigenous Australians and we maintain our cultural fortitude and sovereignty despite the burdon of dispossession. The challenge for non-Indigenous Australia is to take the time to understand our cultural heritages, the issues, get involved and join Indigenous Australia to support Constitutional change for a treaty so we are able to direct the path for future in respect of the past and present for all Indigenous and non-Indigenous Australians. A treaty should be a joint starting point for a renewed relationship between Indigenous peoples and non-Indigenous Australians. To do a treaty justice we to begin now with patience and care to construct a treaty in the spirit of our ancestors who fought and struggled against the worst injustices and violence inflicted upon our people. Much of the treaty debate has been written, reported, researched and analysed. My interest in a treaty stems from being Larrakia and respect for our forefathers who called for a treaty in the hope of telling the people of Australia, the Australian government and the world to act on the plight of Indigenous dispossession, sufferings, poverty, and also, inform of the existence of vibrant and diverse Aboriginal cultures, laws, customs and traditions . I pay respect to our forefathers who crafted the 1963 Yirrikala Bark Petition, the 1970s Larrakia treaty petitions, the 1988 Barunga Statement and more recently, on 23 July 2008 the Yirrikala Bark Petition was handed to Prime Minister Rudd by clan leaders including Mr Galarwuy Yunupingu. Slowly walking towards the Prime Minister, one of the clan leaders announced 'It simply symbolises the little ones, this is not for us. This is the beginning to the future of these little ones'. Donna Odegaard 18 May 2009 MA (Phil/Law), University of Newcastle NSW Title: 'Law and Aboriginal land Claims in Australia: Justice in Black and White' PhD submitted 2008, University of Newcastle NSW Title: 'The Larrakia Treaty Petitions: Australia's legal response to Aboriginal demands for a treaty'