Treaty and Statehood Aboriginal Self-determination

If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty? Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated MÄ ori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia. The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia. This new idea of a seventh State – or First State for the First peoples, as the author prefers – is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or ‘nation’ would have under statehood. This is a book that answers our query about what reconciliation ultimately means and how it can be achieved.

CONTENTS Foreword by Geoffrey Robertson QCAcknowledgments IntroductionChapter 1: Setting the scene Chapter 2: Accommodation of Aboriginal rights in a democracy Chapter 3: The electoral system Unfair electorates Overseas experience Are designated seats constitutionally legal? Twelve Indigenous SenatorsChapter 4 Aboriginals and the Australian Constitution The nature of the Australian Constitution A constitutionally entrenched Indigenous advisory body Race and anti-discrimination in the ConstitutionThe race power: s 51(xxvi) of the Australian Constitution Case 1: Bropho v Human Rights and Equal Opportunity CommissionCase 2: Maloney v The Queen (Palm Island Liquor Case)Case 3: Bropho v Western AustraliaThe relevance of s 25 A missed opportunity LegislationChapter 5: Aboriginal sovereignty What is sovereignty? Aboriginal sovereignty today Sovereignty inside Australia Popular sovereignty Loss of Aboriginal sovereignty through assimilation and citizenship Sovereignty at workChapter 6: Treaty Part I: The preliminaries Treaty defined Inherent Indigenous rights Purpose and effect of a treaty Are there any legal impediments to making an agreement or treaty with the Indigenous peoples? Over-arching treaty or many treaties? Part II: Minimum content of a treaty Minimum content Sovereignty and treaty Restore, exclude and accommodate(a) Restore (b) Exclude (c) Accommodate what is left over Part III: An Australian treaty What might be in a treaty (a) Cleansing the past (b) Land (c) Empowerment (d) Social development, cultural retention and education(e) Finances Lessons from near and afar Treaty enforcementChapter 7: Treaty-making process Negotiating stage Settlement: One New Zealand experienceThe A Team: The principalsThe B Team: The overall negotiating group The C Team: The specialist groups Post-settlementChapter 8: Self-determination The international source for self-determination Whom does this right apply to? All peoples have the right to self-determination Under what circumstances does self-determination apply? The four criteria for statehood and its link to self-determination Working governmentClear support for independenceInternational benefactorThe Australian position The divide between law and politicsChapter 9: Aboriginal statehood: A new First state A new State from an old nation Territory must be identified before the Commonwealth can legislate a new State States surrendering territory to new State Viability of new State Crown lands as waste lands?Chapter 10: A new State in operation Customary law Limits and restrictions on customary law Land rights and native title lands under statehood? One Aboriginal nation or many? Constitutional limitation on Commonwealth interference Preamble to new State Constitution The Racial Discrimination Act and Aboriginal statehood ‘Expanded’ Aboriginal State responsibilityChapter 12 : Incremental steps Campaigning for a new State Independent endorsement for statehood Learning from the experience of earlier movements Plebiscite for statehood and territory A federal Aboriginal territory Conclusion Bibliography Index

Michael Mansell is an Aboriginal lawyer and activist who has dedicated his life to social, political and legal reform to improve the lives and social standing of Aborigines. He petitioned the Queen for land rights in 1976. Seen as the head of the Tasmanian Aboriginal movement since the 1970s, Mansell led the land rights movement and gained a high profile by publicly confronting the myth of the extinction of his people. Confronting bigoted attitudes, he used his fair skin and blue eyes to assert the survival of Aboriginal identity. He campaigned for museums in Tasmania to surrender their collections of the Aboriginal dead and in 1983 the Tasmanian Parliament legislated Aboriginal community wishes. He campaigned throughout Europe, the United Kingdom and the United States in 1985 for repatriation of all Aboriginal human remains. He enrolled in law at the University of Tasmania in 1978. During this period, he played senior football with North Hobart in the TFL and led Tasmanian Aboriginal football squads at the national carnivals. He was admitted as a legal practitioner in 1984. He ran a legal practice in Hobart from 1986 until 1996, working exclusively for Aboriginals. Mansell was named Tasmanian 'Aboriginal of the Year' in 1987. He was Legal Director of Tasmanian Aboriginal Centre until 2013. In 1993, the national gathering of Aboriginals at Eva Valley in the Northern Territory chose Mansell as one of the delegates to negotiate the Native Title Act with Prime Minister Keating. He was instrumental in obtaining land rights in Tasmania from 1995 to 2003, recognition of cultural fishing and hunting rights in 1995, and compensation for the stolen generations in 2006. In 2016, he was a consultant to Aboriginal Affairs Victoria in developing a State treaty. He leaves it all behind each year to traditionally harvest mutton birds.