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Aboriginal Law Bulletin |
The Senate Standing Committee on Constitutional and Legal Affairs is undertaking an inquiry into the legal aspects of the possible implementation of an Aboriginal treaty or Makarrata. The terms of reference are:
An examination of the feasibility, whether by way of constitutional amendment or other legal means, of securing a compact or 'Makarrata' between the Commonwealth Government and Aboriginal Australians.
Among the issues which the Committee will be examining is the most appropriate legal form for such a compact; for example, should it be a treaty recognised as such in international law or should it be more in the nature of a contract? Perhaps an amendment to the Constitution or the enactment of an Aboriginal Bill of Rights would be more appropriate.
In considering these various possibilities, consideration will need to be given to suggestions which have been made as to the possible contents of such a compact, even though the Committee will not be recommending as to content. These include questions of land rights, monetary compensation for land, special employment opportunities and guaranteed representation at the various levels of government. A further significant issue - and one which is closely linked to the ultimate form which the compact takes - is the question of who would be the parties to such a compact. Who would represent the Aboriginal people? Would the Commonwealth alone or the States and Territories and the Commonwealth be the other parties?
The Chairman of the Committee is Senator Alan Missen and Senator Gareth Evans is Deputy Chairman. Other members are Senators Noel Crichton-Browne, Robert Hill, Susan Ryan and Michael Tate. It has already held hearings in the Northern Territory and North Queensland, and more are planned for other parts of the country during 1982. Although the original date for lodging submissions has passed, it may still be possible for interested persons or organisations to put their views to the Committee.
Further inquiries should be directed to the Secretary of the Committee, Christopher Fogarty, The Senate, Parliament House, Canberra 2600, telephone (062) 726727.