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In the absence of a First Nations Voice, constitutional protection and/or federal govt involvement, there is a risk that state govts may ignore or marginalise the treaties that (some) are committed to negotiating - what can be done? https://twitter.com/SteveIsInOtago/status/1287883195392786432
Unfortunately, there is no clear way through Australian law to avoid this challenge. In this new paper, @SteveIsInOtago and I draw on historic treaties signed in Canada/US/NZ to suggest one alternative approach
Of course, those historic treaties did not always succeed, but both parties understood they were not only legal instruments. They were relational documents that drew parties together into a shared world. The treaty was as strong as the relationship between the parties
This obviously changed as the relationship became inequitable. Nonetheless, we argue that it is worth considering the relational characters of those earlier treaties.
Modern treaty making in Australia and elsewhere should focus on building positive and productive relationships between Indigenous and non-Indigenous communities (both inside and outside treaty processes).
Rebuilding those relationships may help foster an ethic that infuses the treaty process with moral and political pressure to work together. That ethic may enable non-Indigenous peoples to recognise Indigenous peoples as valuable partners in governing.
This will not solve the legal challenge but it could build political and moral pressure on govt's to commit to the promises that they make.
