Statement of Opposition to the 'Barunga Agreement' regarding Treaty

Chief Minister Michael Gunner signs the memorandum of understanding for a Treaty
(ABC News: Georgia Hitch)

We the Central Australian Traditional Owners Group wish to Alert the people of the following:

On 8th June 2018, the Central Land Council together with the Northern Territory Government illegally signed the Barunga Agreement on behalf of The First Nations People of the Northern Territory, Australia.

This agreement is a memorandum of understanding towards a Treaty. We would like to let you know a few important points on this subject:

1. Treaty is only valid between Nations, for example, Central Arrernte and Warlpiri.
    
   Treaty is illegal for any First Nations of the Northern Territory Australia, to even consider to deal with the Government (Local, State and Federal).
    
   In our case, we as the Northern Territory, are a Territory. It is illegal for the Government to Treaty with a Territory, they can only Treaty with a State. In a way for us to understand it when the Piranypa (non-Aboriginal people) came to this country, they had their Law on paper and we didn't have that we had our Law on our land and our bodies.
    
2. The Central Land Council was only formed for the operation within the legislation of the Aboriginal Land Rights ACT 1976, solely for the subject matter of Land.
    
   If we look back into that legislation (Aboriginal Land Rights ACT 1976) The CLC were only authorised to operate for a 20 year period.
    
   Therefore, they have been operating illegally since 1996 until the present day.
    
3. Inside the Barunga Agreement dated 8th June 2018, specifically page number 6, the principles guiding the Treaty consultation process states "We should start a negotiation for a Treaty."
    
   As we saw the consultation process was not clear to all the First Nations People in Central Australia, it was done in an exclusive way. We were never given the chance to make the consultation process an inclusive one, which means no one was given the chance to sign it.
    
4. It stipulates that all Territorians should ultimately benefit from any Treaty that is agreed in the Northern Territory. So, we know that the United States of America went into Treaty with it's First Nations People's, and New Zealand with it's First Nations People's - Both results were not successful - It did not work.
    
   Inside the Barunga Agreement dated 8th June 2018 page 9 - "The agreed framework MAY focus on BUT NOT BE LIMITED TO 1) The agreement of what it is and whats inside of it."
    
   So, what we should know is, that we can be confused about what IT is and what IT means for us.
    
5. Inside the Barunga Agreement dated 8th June 2018 page 9 - It stipulates "the Northern Territory Government will appoint an independent Aboriginal person as the Treaty Commissioner."
    
   As you know it is illegal for Government to Treaty with us. Do we even know how this Aboriginal Person will be appointed and who this Aboriginal Person will be?
    
   If we don't know that Aboriginal Person or if we do know that Aboriginal Person, are we 100% comfortable with that Aboriginal Person's appointment as Treaty Commissioner?
    
   What if that person does not fit right with our Tjukurpa/Altjira/Kurrawarri?
    
6. Inside the Barunga Agreement dated 8th June 2018 page 10 - It stipulates the Northern Territory Treaty working group membership will continue to comprise senior representatives of the Northern Territory Government and Aboriginal Land Councils.
    
   So, this tells us that the NT Treaty working group will only have a Senior Representation level, for us we are concerned for the current and future generations who will be living under the Treaty conditions.
    
7. The following and final points must be highly considered inside the Barunga Agreement dated 8th June 2018 page 13 - "Related Matters" it talks about constitutional recognition of Aboriginal and Torres Strait Islander People's.
    
   This section tells us about the constitutional convention that took place on 23-26 May 2017 at the foot of Uluru in the Northern Territory on the lands of the Anangu People which resulted in the Uluru Statement from the Heart, that convention and that document was agreed upon to take it to the Government for First Nations People's to be added into the Australian Constitution.

We would like to let you know that Torres Strait Islander People are their own people - They govern themselves. The convention did not take place at the foot of Uluru as stated, it was at Yulara. It had no involvement from Mutitjulu Community in terms of the document and it's contents.

So, this is where we are asking the people to think now - the Barunga Agreement dated 8th June 2018 talks about Treaty, it is named the Barunga Agreement, therefore, it should not entail Related Matters Constitutional Recognition because that is an entirely separate matter. We do not see fit that this should be a part of the Treaty conversation.

We should be reminded that the then Referendum Council did not seek permission from Uluru-Kata Tjuta Traditional Owners to use Uluru within the constraints of the constitution as it is a breach of the Uluru-Kata Tjuta National Parks Plan of Management in the Biodiversity ACT that is governed by the Department of Environment and Energy, and Tjukurpa. We would also like to let you know that Uluru-Kata Tjuta Traditional Owners did not agree with this.
Therefore, this section Related Matters page 13 is unnecessary and illegal.

We are highlighting these crucial facts that are inside the Barunga Agreement dated 8th June 2018.

We would like to use this statement as an inclusive approach to all Central Australian Nations/Tribes so that we can all make an inclusive and all informed decision in regards to the future generations who will be living under this Treaty.