Treaty-making remains part of the unfinished business of Australia鈥檚 relationship with First Nations peoples.
Australia鈥檚 treaty debate has entered a critical new chapter, says a literature review by The Australian 精东传媒app University鈥檚 (ANU) First Nations Portfolio (FNP).
The review finds that treaty-making will remain a central aspiration of many First Nations peoples despite the defeat of the Voice Referendum in 2023. Treaty Literature Review examines decades of scholarship, policy development and Indigenous advocacy, concluding that momentum for treaties continues at state and territory levels, even as national reform faces uncertainty.
The review says treaty-making remains part of the unfinished business of Australia鈥檚 relationship with First Nations peoples. It notes that since the Voice Referendum was defeated, many Indigenous leaders see treaties as the best pathway toward political recognition, self-determination and a more equitable relationship with governments.
鈥淔irst Nations people will likely continue to call for advancing treaties, as they have done for decades,鈥 the report states.
Drawing on Australian, Canadian and Aotearoa New Zealand studies, the review finds that treaties are understood very differently by Indigenous peoples and governments. Many Indigenous scholars describe treaties as frameworks for ongoing relationships rather than final settlements.
Canadian Indigenous scholar Leanne Betasamosake Simpson writes that treaties are 鈥渘ot about the cession of land but rather a commitment to stand with one another, a responsibility to take care of shared lands, and an appreciation of one another鈥檚 well-being".
Recognising sovereignty
The review notes that many First Nations leaders view treaties as a means of recognising continuing Indigenous sovereignty rather than extinguishing it. In the words of the Uluru Statement from the Heart, sovereignty is 鈥渁 spiritual notion鈥 grounded in enduring relationships with Country.
Researcher Elias Duprez identified growing treaty activity across Australia in the wake of the Voice Referendum defeat. Victoria remains the most advanced jurisdiction, with formal treaty negotiations expected to proceed following years of preparatory work by the First Peoples鈥 Assembly of Victoria and the Victorian Government. Queensland, South Australia, the Northern Territory, Tasmania, New South Wales and the ACT have all explored treaty pathways to varying degrees, though political support remains uneven.
The review highlights truth-telling, power-sharing and reparations as recurring themes in treaty discussions. It argues that treaties could provide mechanisms for recognising Indigenous rights, strengthening local decision-making and addressing historical injustices.
Echoing comments from Mick Dodson, the review notes: 鈥淲e should regard treaty as a marriage and not a divorce.鈥
It says significant questions remain unresolved, particularly around sovereignty, representation, reparations, and the design of a future Makarrata Commission.
It finds that further research, public education and truth-telling will be essential if Australia is to move toward meaningful agreement-making between First Nations peoples and governments.
Read the review .
