Report from the Treaty Working Group on Queensland’s PATH TO TREATY February 2020 Copyright Copyright © State of Queensland, February 2020. Copyright protects this publication. Excerpts may be reproduced with acknowledgment of the State of Queensland. This document is licensed by the State of Queensland under a Creative Attribution (CC BY) 3.0 Australian license. CC BY License Summary Statement: In essence, you are free to copy, communicate and adapt the Report from the Treaty Working Group on Queensland’s Path to Treaty as long as you attribute the work to the State of Queensland. To view a copy of this license, visit: www. creativecommons.org/licenses/by/3.0/au/deed.en. While every care has been taken in preparing this publication, the State of Queensland accepts no responsibility for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. 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CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS ...............................................4 Introduction and history 4 Treaties and agreement making 4 Community engagement process and findings 4 Conclusions 5 Recommendations 5 MESSAGE FROM THE TREATY WORKING GROUP ..................................................8 MEET THE TREATY WORKING GROUP AND EMINENT PANEL ..................................8 GLOSSARY AND TERMINOLOGY ........................................................................ 13 INTRODUCTION .............................................................................................. 14 1. A BRIEF HISTORY OF QUEENSLAND ............................................................... 15 Introduction 16 Custodians 16 The Colonial settlement of Queensland 17 Removal and relocation 20 Brisbane on the world stage 26 Land rights and reconciliation 27 Conclusion 27 2. TREATIES AND AGREEMENT-MAKING ............................................................28 What is a treaty? 29 Different types of treaties and agreements 29 Treaties in Australia 31 Why a treaty? 32 3. THE PATH TO TREATY PROCESS .....................................................................36 The Eminent Panel 37 The Treaty Working Group 37 The engagement process 37 4. WHAT WE HEARD ........................................................................................39 Key themes 40 Responses to key questions 40 5. CONCLUSIONS ............................................................................................58 Truth-telling 59 First Nations Treaty Institute 60 First Nations Treaty Future Fund 61 Treaty Tribunal 61 Preparing the groundwork for treaties 61 Treaty or treaties? 62 What about First Nations peoples living off Country? 62 Guiding principles 63 6. RECOMMENDATIONS ...................................................................................64 7. APPENDICES ...............................................................................................68 Appendix A: Terms of Reference, Eminent Panel 69 Appendix B: Terms of Reference, Treaty Working Group 70 Appendix C: List of submissions 71 Appendix D: A rights-based approach 72 Appendix E: United Nations Declaration on the Rights of Indigenous Peoples 74 EXECUTIVE SUMMARY AND RECOMMENDATIONS Always was, always will be… The Treaty Working Group is of the view that truth-telling is an important precursor to the treaty process and will have First Nations (Aboriginal and Torres Strait significant positive implications for the relationship between First Nations peoples and non-Indigenous Queenslanders Islander) peoples have never ceded sovereignty, for generations to come. have always asserted that their sovereignty continues to exist, and that properly negotiated Treaties and agreement making treaties are needed to give recognition to their Chapter 2 traces comparative national and international continuing sovereignty. treaty making and agreement processes that are specific to First Nations peoples. Brief consideration is given to The Path to Treaty process has created an historic contexts such as New Zealand and Canada regarding the opportunity for Aboriginal and Torres Strait Islander and ongoing relevance of treaty making to good governance, non-Indigenous Queenslanders to consider what a treaty or law and relationships with First Nation’s peoples. This treaties might mean for this state. is followed by an exploration of the various models of agreement making currently being pursued at the state The Treaty Working Group was tasked with providing a level in Australia, including the Buthera Agreement in report to the Queensland Government outlining levels of South Australia, the Barunga Agreement in the Northern support and next steps for a treaty process as outlined Territory and the Noongar Agreement in Western Australia, by the community engagement process. This executive which some legal experts have labelled as Australia’s first summary therefore sets out the Treaty Working Group’s domestic treaty. conclusions and recommendations based on what they heard from Queenslanders, including the broad structure Indigenous Land Use Agreements are also examined, as are of the report. the historic yet little known treaties involving First Nations peoples, such as the Batman Treaty and the Torres Strait Introduction and history Treaty. Unsurprisingly, community sentiments toward treaty were Crucially, this chapter also explores the proposed benefits deeply tied to the history of Queensland and the treatment of a treaty, including what this would mean for reconciliation and experiences of the First Nations peoples in this state. amongst First Nations peoples and non-Indigenous The Treaty Working Group’s engagement with the Queenslanders, and addresses questions around community revealed a limited understanding amongst sovereignty, unfinished business and historical trauma. non-Indigenous Queenslanders about the history of their Collectively, this chapter provides a strong backdrop for the state and a deep desire for awareness about the historical emergence of a treaty process that is both unique to the treatment and experiences of First Nations peoples to be history and wishes of all peoples in Queensland. strengthened. As a result, it was determined that this history must be at Community engagement process and the forefront of any treaty process, including setting the findings scene for this report and the community feedback and Chapters 3 and 4 outline the Path to Treaty process, recommendations which follow. including the methodology for the state-wide engagement The history chapter broadly outlines the laws and policies process undertaken by the Treaty Working Group which that were directed at First Nations peoples since early followed the release of the community consultation paper settlement, details of which are further echoed in the by the Queensland Government on the 13 September 2019. community engagement section that is found in Chapter 1 The Treaty Working Group had wide-ranging discussions of this report. with over a thousand First Nations and non-Indigenous It is the particular historical experiences of First Nations Queenslanders throughout the engagement process which peoples in Queensland, which prompted calls from the included 24 community forums and took place from October community to specifically incorporate truth-telling as a core to December 2019. Public submissions and the online component of any treaty process moving forward. surveys were also completed during this time. 4 | Report from the Treaty Working Group on Queensland’s Path to Treaty Consideration is given to a number of complex issues that arose throughout the engagement process, such as the need to accommodate those who had been displaced and are now living off Country, the status of Traditional Owner groups in treaty processes, broader questions around representation and the issue of an overarching state based treaty as well as local treaties. Feedback received from the community is organised according to the five key questions that were asked The Treaty Working Group acknowledges the varied and throughout the engagement process and is reflected in the complicated nature of treaty and truth-telling and does not words of participants. attempt to resolve all of these within the body of this report. Rather, the Treaty Working Group identifies that through the A number of key themes emerged throughout engagement establishment of a number of mechanisms and with more process, including: time, these issues will be able to be worked through, in concert with First Nations in Queensland. • There is broad support for a treaty process, including state-based and/or local treaties Recommendations • First Nations’ sovereignty was never ceded and Chapter 6 sets out the recommendations of the Treaty continues to be asserted Working Group, which were made in accordance with • Treaties must be legally binding, human rights based feedback received throughout the community engagement and acknowledge the sovereignty of First Nation’s process and the requirement to report to the Eminent Panel, peoples on what a treaty might mean for Queensland including • Truth-telling is a necessary precursor to treaty timing, process,