Treaty risking a Territory of micro-states

The NT could be balkanised to create Aboriginal micro-states responsible for everything from fixing roads to determining tax rates under proposals from the Top End’s Treaty Commissioner.

Outgoing NT Treaty Commissioner Tony McAvoy pictured in Darwin. Picture: Supplied

The Northern Territory could be balkanised to create Aboriginal micro-states responsible for everything from fixing roads and collecting rubbish to determining tax rates and citizenship under proposals from the Top End’s Treaty Commissioner.

The First Nations governments would ideally be “carved out” from the NT’s jurisdiction and area with tripartite agreements between Darwin, Canberra and Indigenous groups. Those deals would be struck under an overarching ­Territory-wide agreement negotiated first to set the broad scope, minimum standards, key principles and mandatory terms for all future treaty negotiations.

Individual treaties would be overseen by a First Nations treaty tribunal dealing with membership and boundary disputes and problems with treaty performance.

An Aboriginal Ombudsman would answer complaints about government participation.

The proposals are in a 180-page report produced by Indigenous barrister Tony McAvoy SC, who completed his role as Treaty Commissioner this month. He took over in December from former commissioner Mick Dodson, who resigned last June amid contro­versy over allegations he abused a woman at a football match.

Mr McAvoy said although not directly transportable, one model could be the treaties in force in Canada governing areas home to between 1000 and 25,000 people.

He said Canada’s treaties generally worked fairly well.

“Before the British arrived in the NT, the First Nations of the NT were responsible for everything,” he said. “The process must include the potential for First Nation self-government in its broadest form.

“That may include the establishment of territories just as the Australian Capital Territory has been established. That could include responsibility for everything from roads, rates and rubbish to taxation and citizenship.”

Mr McAvoy’s report envisions a First Nation’s voice to the Territory parliament in addition to the federal one proposed by the Uluru statement and contemplated by Canberra.

He said he had engaged in “deep” discussion with the Territory government but had not had the opportunity to discuss his proposals with Canberra. “It’s recommended that there be a treaty and truth commission established,” he said. “Truth-telling will bring forth the evidence of historical and ongoing injustices that help all Territorians to understand the need for real self-determination.”

Mr McAvoy’s report represents the culmination of three years of consultation by the Treaty Commission, sparked by the signing of the 2018 Barunga Agreement that committed to developing a framework for treaty negotiation.

Chief Minister Natasha Fyles said the report was “an important first step on the path towards recognition and representation of Aboriginal Territorians and the ­facilitation of self-determination that is the cornerstone of local ­decision-making … Discussion of treaty in the NT is timely and reflects broader conversations occurring across Australia.”

Aboriginal Peak Organisations NT boss John Paterson said treaties were an “obvious next step” in response to demands for recognition, truth, justice and self-­determination.

“We know First Nations self-determination and governance provides the best means for better outcomes for our people – the evidence is unequivocal,” he said.

“‘This is about righting past wrongs and working towards a better way forward. This final report is an important step on that path and shows that we have the courage in the NT to be bold and focus on what is right for First Nations people across the Territory.”

Treaty and Local Decision Making Minister Selena Uibo said the consultation process showed there was “significant support for treaties, and the Territory Labor government is proud to advance this process”.

“We will consider the recommendations ... and provide a formal whole-of-government res-ponse that will set the foundation for future agreements between the NT government and Aboriginal Territorians,” she said.

A spokesman for federal Indigenous Australians Minister Linda Burney said the Albanese government was still examining Mr McAvoy’s report.