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You Cannot Have a Treaty With Yourself

We’ve been hearing a lot about reconciliation and self-determination recently. On 20 June 2023, Senator Thorpe called for a treaty to end a “war declared on First Nations people 230 years ago” as a Matter of Urgency.

A treaty is a legal arrangement between parties, each authorised to represent their side. Treaties are a two-way street. In simple terms, treaties are agreements between nations. They’re used to end wars, land disputes and even establish new countries.

Senator Thorpe called for a treaty to address historic systematic injustices and remove systemic racism. How does she see this as a uniting process? It’s not reasonable nor logical to try to punish later generations for perceived historical injustices to the ancestors of Aboriginal people.

Without a doubt, injustices occurred on both sides during the opening up of inland Australia, as settlers pushed into the interior. Australia was not won as the spoils of a war, and there was never a united aboriginal nation to treaty with.

A treaty binding Australia with First Nations people is not viable. It is not based on law and is divisive. We need to unite as one country.

Transcript

Senator Thorpe is calling for a treaty as a matter of urgency. A treaty between which parties? Who would represent Aboriginal people? What would be in the treaty? Billions in compensation and reparations, perhaps? The white and black Aboriginal industry already receives billions of dollars in grants and projects. Even if a treaty had been considered in the early days of settlement, it could not have been completed as there was no representative Aboriginal leader. There was no means of establishing representation of widely distributed tribes of Aboriginal people across the vast continent of Australia. It was impossible. Some tribal groups were simply unknown to others. There was no universal legal system in place when Europeans settled Australia. A treaty is a legal arrangement between parties authorised to represent their side. Treaties are a two-way street. Each party would agree to do or refrain from doing certain things. The process is essentially contractual.

Senator Thorpe has indicated that a treaty should address historic systematic injustices. How does she see this as a uniting process? It’s not reasonable nor logical to try to punish later generations for perceived historical injustices to the ancestors of Aboriginal people. There’s no doubt that injustices occurred on both sides during the opening up of the inland as settlers pushed into the interior and developed Australia. Australia was not won as the spoils of a war.

Is this treaty to be part of the blak sovereignty agenda that Senator Thorpe has been pushing since leaving the Greens or is this part of the Greens’s globalist agenda? According to some reports, a treaty is stage 2 of a three-stage process linked to getting the Voice up and then the rewriting of Australian history from the radical socialist point of view. Most Aboriginals have never heard of blak sovereignty, and the concept of a treaty is only the language of the socialist far-left elite and academics pushing for the Voice.

Aboriginal people never formally united in exercising exclusive possession of the entirety of Australia and Aboriginal sovereignty cannot be ceded as it did not exist after 1788. The High Court held in Love v Commonwealth in 2020 that First Nations sovereignty did not persist after the British Crown’s assertion of sovereignty in 1788. This confirmed the decision made in Mabo No. 2 in the High Court.

Treaties in other countries were possible because the indigenous party was a united nation. That has never been the case for Aboriginals in Australia. A treaty binding Australia with First Nations people is not viable. It is not based on law. It is divisive. Instead, we need to unite as one country.

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Voice – Treaty – Lies

Uluru-Statement-in-Full

26-page-Doc-14-Uluru-Statement-from-the-HeartDownload

112 page document obtained under FOI is available for download below.

FOI-112-page-docDownload

The Prime Minister has deliberately hidden his true agenda and contradicted his own statements regarding the Voice with lies about the Uluru Statement and a Treaty. He failed to tell Australians that without the constitutional change called the ‘Voice’ there is no national body of Australians with which to sign a Treaty.

On a radio talk show, he was asked if he would move on to a Treaty and he answered ‘no’!

Prime Minister Albanese has called for a Treaty on the record in parliament, and the Uluru statement calls for a treaty. His denials of his intention to proceed to Treaty is a lie too far.

The fact is, PM Albanese is committed to implementing the Uluru statement in full. That is, the entire 26 pages of the Uluru Statement from the Heart that every Australian should read. Not the single solitary page passed off by the PM as the entire statement. Another lie.

The Uluru Statement outlines a plan to divide Australia into two separate nations that closely resemble the apartheid regime. Denying that he intends to proceed to treaty is a lie too far from PM Albanese.

The statement calls for annual reparations calculated as a percentage of our GDP, which even at 1% could amount to $20 billion a year, which as we all know would not reach those who truly need it.

The real aboriginal community look to a shared future of mutual respect and equality of opportunity.

The PM has lost the opportunity for that shared community because of his lies.

Sentiments of respect and equality are missing from this elitist and divisive leader whose real intention has been exposed.

Transcript

Senator Roberts: As a servant to the many different people who make up our one Queensland community, polling has turned against the Voice because the Prime Minister has told a lie too far.

Prime Minister Albanese said repeatedly that the Uluru statement fits on one A4 page and that he was committed to implementing the statement in full. The Uluru statement is 26 pages; the remaining pages have been released under freedom of information.

These contain a clear path for the partition of Australia into two separate nations that closely resemble South Africa’s apartheid regime. On committing to implementing the Uluru statement in full while lying about the contents of the statement, the Prime Minister has told a lie too far. As opposition leader—

The Acting Deputy President (Senator Sterle): Sorry, Senator Roberts, there is a point of order.

Senator Carol Brown: I ask Senator Roberts to withdraw those assertions about the Prime Minister.

Senator Roberts: I withdraw that statement and say he has told what seems to me to be a lie too far. As opposition leader, Prime Minister Albanese—

Senator Roberts: A mistruth too far. As opposition leader, Prime Minister Albanese said the Voice must be followed by a makarrata commission to inform a national treaty, yet he failed to tell Australians that without the Voice passing there is no national body of Australians with which to sign a treaty. The Prime Minister’s decision to not admit that without a voice there can be no meaningful treaty is a mistruth too far. When asked on ABC radio if he will move on to treaty if the Voice is passed, the Prime Minister said no; his exact word was ‘no’. Yet the Uluru statement includes a high-level treaty and the Prime Minister has called in parliament for a treaty. It’s on record, and he has the T-shirt to prove it!

The Prime Minister’s denial of his intention to proceed to treaty is a mistruth too far. The Uluru statement calls for reparations in the form of an annual cash payment calculated as a percentage of GDP. Even one per cent would be $20 billion a year in cash to 800,000 Aboriginals, or $100,000 for a family of four, which, as compensation, is tax free. The Prime Minister deliberately hid his true agenda. He’s been found out and he’s now lost any chance of a settlement with the real Aboriginal community that looks to a shared future of mutual respect and equality of opportunity. Loss of shared community is a heavy penalty for one man’s mistruth too far. (Time expired)

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Why Albanese Needs to Establish an “Indigenous Voice” to Sign a Treaty

Here’s what’s emerging on Labor’s Voice: Labor sees it as essential for making a “treaty” to create a separate sovereign aboriginal state.

The 1-minute video shows that in pushing the failing Voice campaign, Anthony Albanese contradicts the claims he made in parliament before the election.

Law Professor Gabrielle Appleby* explains why an aboriginal body, the Voice, must come before making a Treaty “with aboriginals”.

She says, quote: “The sequencing of Voice, Treaty, Truth has been given significant thought. Voice precedes Treaty because fair, modern treaty negotiations require first the establishment of a representative Indigenous body to negotiate the rules of the game with the state. It can’t be left to the state alone, and the state must have a group of people with whom to negotiate.

In Victoria, this was achieved through a specific representative institution – the First Peoples Assembly.

Truth follows Voice and Treaty, because, as Torres Strait Islander political scientist Sana Nakata explains, Voice ensures Truth will matter more than just “continued performance of our rage and grief for a third century and longer”. Voice establishes the power for Treaty, and Treaty establishes the safekeeping of Truth.”

While, I’m not a lawyer, I can read a dictionary definition saying the word “treaty” means “a formally concluded and ratified agreement between states”.

Anthony Albanese is setting up to make the Voice as a body to “represent” the aboriginal industry and then make a separate sovereign entity.

Is this why he and the Labor machine including Minister Burney have been hiding the Voice details. Passing the Voice would end Australia as we know it and create another separate nation.

To create that separate nation and divide Australia, the terms and conditions would be negotiated between Albanese’s Voice and Albanese’s government. A power grab.

The result would surrender many controls and rights to the UN. As Labor-Liberals have done repeatedly since the UN was formed in 1944.

And especially since the Whitlam Labor government signed the UN Lima Declaration in 1975, that in 1976 the Fraser Liberal government ratified. That UN Declaration destroyed Australian manufacturing and sent it to China.

As Eddie, an aboriginal from the Northern Territory told me: He is opposed to the politicians’ Voice for two reasons:

1. He’s Australian, and

2. The Voice is racist.

At the Voice referendum, I’ll be joining with many aboriginals voting NO.

*Professor Gabrielle Appleby is a Professor at the Faculty of Law and Justice, UNSW Sydney. She researches and teaches in public law. She is the Director of The Judiciary Project at the Gilbert + Tobin Centre of Public Law, the constitutional consultant to the Clerk of the Australian House of Representatives and a member of the Indigenous Law Centre. In 2016-2017, she worked as a pro-bono constitutional adviser to the Regional Dialogues and the First Nations Constitutional Convention that led to the Uluru Statement from the Heart.

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