Treaty Literature Review: First Nations Portfolio, Australian National University

The First Nations Portfolio (FNP) at the Australian National University (ANU) aims to make a leading contribution to a more constructive relationship between First Nations peoples and the Australian nation state. Engaging in understanding the question of treaty-making in Australia is an important aspect of this aim. When we began this review, we sought to examine the current status and findings of research on treaties. Prime Minister Albanese (2022) committed his government to implement the Uluru Statement from the Heart (hereafter Uluru Statement) “in full” on election night, which was momentous for the nation. Progressing First Nations interests through the pathway mapped out in the Uluru Statement: Voice, Treaty, Truth, was beginning to look like a serious possibility. Through our initial focus in this literature review, we sought to understand what negotiating a treaty might mean in that context and, in light of developments at the state and territory level, what the research said about treaty in Australia. When the referendum on the Aboriginal and Torres Strait Islander Voice failed on 14th October 2023, the FNP shared the disappointment of many in Australia – and nowhere was that disappointment felt more acutely than amongst First Nations people. As a result, we felt our work on treaties was more necessary than ever. Community discussions on the nature and possibilities offered by treaties had been amplified during the referendum campaign. These conversations have continued in the aftermath of the failure of the referendum. This literature review shows that First Nations peoples have called on Australian governments and others to engage on the question of treaty since the early days of colonisation. We believe that those calls will continue until their aspirations are met fairly and respectfully by governments, and the wider Australian society. The FNP created this literature review to serve as a preparatory document for participants of the invitation-only Treaty Research Webinar, co-hosted by ANU FNP and the ANU College of Law, which took place on 21 February 2024. The event brought together researchers and First Nations representatives working on state and territory treaty processes ('treaty practitioners’) to explore a possible research agenda that would be most beneficial to practitioners and to advancing substantive treaty-making in Australia. A summary report of the Webinar complements this literature review, highlighting themes and issues for further research attention. Through this literature review and hosting the Webinar, FNP seeks to encourage further research into treaties between First Nations peoples and governments in Australia. FNP hopes this literature review will encourage the exploration of opportunities to conduct research that is useful for First Nations peoples who are seeking to negotiate treaties with Australian governments. FNP is committed to supporting that goal and we hope that further research will encourage dialogue and assist in addressing challenging and complex issues that stand in the way of advancing effective treaty-making in Australia.