A treaty is a formal agreement between two or more sovereign nations or groups that defines ongoing rights and obligations on all sides. In the context of Indigenous peoples, a treaty is a proposed binding legal agreement between a government and Indigenous groups that defines the relationship between them. Treaties can cover a range of issues, including land boundaries, hunting and fishing rights, and guarantees of peace.
In Australia, Indigenous treaties are proposed binding legal agreements between Australian governments and Australian First Nations (or other similar groups) . These treaties could include binding contracts on specific issues as well as practical measures relating to health and education. The Victorian Government of Daniel Andrews was the first at state level to pass a legal framework for Indigenous treaty negotiations in 2018, but there have been various moves made to instigate such a process in all states and territories in the 21st century. Issues covered by an Indigenous treaty with a state government are likely to include health and education.
In Canada, treaties are agreements made between the Government of Canada, Indigenous groups, and often provinces and territories that define ongoing rights and obligations on all sides. These agreements provide a framework for living together and sharing the land Indigenous peoples traditionally occupied. Honouring the treaty relationship and negotiating new treaties based on the recognition of rights, respect, co-operation, and partnership is key to achieving lasting reconciliation with Indigenous peoples.
In the United States, treaties between the federal government and American Indian tribes set out the duties and responsibilities that the federal government owes to a particular tribe. These treaties were made between the tribes and the executive branch, with the advice and consent of the Senate. Since the treaty-making period, however, the United States and Native nations have developed very different views of what treaties mean in practice.
In general, treaties involve both sides committing to responsibilities, promises, and principles that bind the parties in an ongoing relationship of mutual obligation and shared responsibility. Most importantly, while...