Bob Hawke's Draft Treaty - Includes Nos 20 to 25

At the Barunga sports and cultural festival in 1988 the Prime Minister, Bob Hawke, was presented with a petition framed by bark paintings. Now known as the Barunga Statement, the petition called for recognition of a wide range of Indigenous rights including a negotiated Treaty. The Prime Minister responded with a commitment to a negotiated Treaty with Aboriginal people.

The Draft Treaty was written after consultation with the Sovereign Aboriginal Coalition at Alice Springs. It includes:

THE DRAFT TREATY

1. Recognition of Aboriginal ownership of Australia.

2. The establishment of a seperate Aboriginal nation of states.

3. The immediate restoration of all inalienable crown lands, state and national parks, Aboriginal reserves and travelling stock routes of Australia.

4. Negotiation of Aboriginal state boundaries.

5. Recognition of Aboriginal sovereignty of all Aboriginal lands complete with inalienable title in perpetuity.

6. Agree to the requirement that 40% of the total land mass of each Australian state be transferred to permanent Aboriginal title.

7. Australians to pay the Aboriginal nation compensation for the balance of 60% of Australian land not available to Aborigines to compensate for the social, physical, and psychological ravages that have been made upon the Aboriginal people. Compensation rates to equal not less than 7% of GDP for the first ten years, 5% for the following ten years and 2.5% of GDP in perpetuity.

8. The establishment of a treaty between Aboriginal and non-Aboriginal Australians.

9. Aborigines to retain sovereignty over all land and islands presently known as Australia.

10. Aborigines to be given freedom to manage their own internal and external affairs as a seperate nation of people.

11. Aborigines to be given freedom to make Treaties regarding land and sea corridors as would any independent nation.

12. The Aboriginal State to become a self governing state involving seperate economic, social and cultural development combining traditional religions and practice.

13. The Aboriginal nation to operate an independent legal system subject only to international law.

14. All State Governments will be required to return appropriated land unemcumbered to the Aboriginal state.

15. Aboriginal states will impose entry restrictions in classified areas or those areas adjacent to nominated Aboriginal sacred sites.

16. The Aboriginal nation will require the release of all Aboriginal people from prisons and institutions plus the return to the Aboriginal state of all Aboriginal human remains residing in museums plus all Aboriginal artifacts.

17. Together with the total compensation package, the Australian Government will be required to pay a sum direct to $1,000,000,000 within four weeks of the establishment of the Treaty.

18. The Aboriginal nation will require existing State and Federal Governments to provide permanently all the social, political, educational and legal benefits currently enjoyed by other Australians to the Aboriginal people. These benefits will also include welfare payments, the provisions of pensions and health benefits. These benefits are to be in addition to the total compensation package.

19. The Aboriginal Bureau of Aboriginal State Affairs will be established to take over the existing Department of Aboriginal Affairs and Aboriginal Development Corporation structures."

Numbers 20 to 25
In October 2009 Selwyn Johnston stated on his website (now unavailable) that The following is also part of a 68 page document that the Australian Government has not released. He stated that the Department of Aboriginal Affairs is fully aware of the entire contents of this document, which he said was widely circulated throughout Aboriginal communities in Australia, however, the majority of Australian people have not been advised of its existence or its potential ramifications, let alone the effects under the Native Title Act - 1993.

20. All towns and cities in the 60% of the land mass ceded by aboriginals to the Federal and State Governments shall, at municipal expense, provide and maintain for aboriginal use special parklands of not less than 20acres in areas with appropriate sea and river frontages. These parklands will be utilised by aborigines as centres for religious activities and camping. They will be available for general public use at other times.

21. In urban areas where crown land is not available, suitable land is to be returned to aborigines on compensation and needs basis. The aboriginal families will occupy this land, rate free.

22. Certain urban sections will become new aboriginal domains involving their own aboriginal administration with funding and political control.

23. All existing aboriginal housing Australia wide shall be transferred complete with deed title by the Australian government to the new aboriginal state as an integral part of the compensation package.

24. 3% of the revenue derived from all mineral and natural resources will be paid to the new aboriginal nation.

25. Toll gates will be established and erected on all national freeways and highways interconnecting cities and States. One third of 1% of the total annual toll collected will be payable to the new aboriginal nation. Toll rates for consideration will equal $2 per car, $3 per vehicle with towing capacity, and 50 cents per motor bike. These tolls are all subject to variations in consumer price index.

It is believed that the above key points have been taken from a 68 page Government document that has not been officially released to the public.

The Barunga Statement

On the 12 June 1988, during Australia's bicentennial year, the Prime Minister Bob Hawke was presented with the Barunga Statement at the annual Barunga cultural and sporting festival.

Written on bark, the Statement called for Aboriginal self-management, a national system of land rights, compensation for loss of lands, respect for Aboriginal identity, an end to discrimination, and the granting of full civil, economic, social and cultural rights.
The Prime Minister responded by saying that he wished to conclude a treaty between Aboriginal and other Australians by 1990, but his wish was not fulfilled.

The Barunga Statement is an artwork. It is the work of eight Aboriginal artists from across the Northern Territory, and is symbolic of how the different clan groups had come together to formulate the words of the Barunga Statement – a statement that represented the rights of all the Aboriginal people of Australia.

The Barunga Statement is an ochre painting, a composition of ancestral Aboriginal designs, or deeds, around a central panel of printed text calling on the Australian Government to recognise key Indigenous rights and towards the negotiation of a treaty.

THE STATEMENT

We, the Indigenous owners and occupiers of Australia, call on the Australian Government and people to recognise our rights:

• to self-determination and self-management, including the freedom to pursue our own economic, social, religious and cultural development;

• to permanent control and enjoyment of our ancestral lands;

• to compensation for the loss of use of our lands, there having been no extinction of original title;

• to protection of and control of access to our sacred sites, sacred objects, artefacts, designs, knowledge and works of art;

• to the return of the remains of our ancestors for burial in accordance with our traditions;

• to respect for and promotion of our Aboriginal identity, including the cultural, linguistic, religious and historical aspects, and including the right to be educated in our own languages and in our own culture and history;

• in accordance with the universal declaration of human rights, the international covenant on economic, social and cultural rights, the international covenant on civil and political rights, and the international convention on the elimination of all forms of racial discrimination, rights to life, liberty, security of person, food, clothing, housing, medical care, education and employment opportunities, necessary social services and other basic rights.
We call on the Commonwealth to pass laws providing:

• A national elected Aboriginal and Islander organisation to oversee Aboriginal and Islander affairs;

• A national system of land rights;

• A police and justice system which recognises our customary laws and frees us from discrimination and any activity which may threaten our identity or security, interfere with our freedom of expression or association, or otherwise prevent our full enjoyment and exercise of universally recognised human rights and fundamental freedoms.
We call on the Australian Government to support Aborigines in the development of an international declaration of principles for indigenous rights, leading to an international covenant.

And we call on the Commonwealth Parliament to negotiate with us a Treaty recognising our prior ownership, continued occupation and sovereignty and affirming our human rights and freedom.

Preamble to the Constitution of South Africa

We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country;
and Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this constitution as the supreme law of the Republic so as to -
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person;
and Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel'iAfrika.
Morena boloka setjhaba sa heso.
God seen Suid Afrika.
God bless South Africa.
Mudzimu fhatutshedza Afurika.
Hosi Katekisa Afrika.