Treaty Discussion Paper to reassert the rights of Aboriginal and Torres Strait Islander people from Northern Territory, Australia

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
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• 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.