Reconciliation and Social Justice Library

Indigenous Social Justice Strategies and Recommendations - The role of the federal government in facilitating regional agreements

At this point, what needs to be established is what rights and political strategies could instigate negotiation of this type between Indigenous peoples and governments in Australia. While the process must be initiated by Indigenous peoples ourselves, the federal government has a crucial role in facilitating such processes and can undertake specific actions right now.

These will involve action in terms of policy, financial arrangements, and, in some cases specific legislation. Regional agreements which are settlements of Native Title and other legal claims of Indigenous peoples should be enacted through federal legislation. Regional agreements could also be enacted through similar state or territory legislation. However, given that both federal and stae or territory legislation can be overridden by subsequent legislation, in the longer term, constitutional amendment may be appropriate.

In the case of agreements involving only a smaller range of areas (e.g. specific servicce provision by Indigenous organisations), they may be implemented through contracts. The Indigenous communities and organisations could contact with federal, State and Territory governments and any other affected parties.

Finally, in order to constitute Indigenous regional bodies so that they can attract funding and undertake the responsibilities for negotiating and implementing agreements, it may be necessary to amend existing legislation or enact new legislation, such as local government legislation, under which such bodies can incorporate.