SA First Nations communities ‘waiting, prepared' to restart treaty process

Australia Broadcast Center

01-06-2025

South Australian First Nations leaders say their communities are waiting to restart treaty talks with the state government after an election promise, but the minister in charge says he is "not keen to rush" the process.
Aboriginal Affairs Minister Kyam Maher told ABC News that the state government was still committed to restarting treaty negotiations in SA, but it was unlikely any agreements would be signed before the next election in nine months' time.
"We're not keen to rush it," he said.
"I don't want to put a time on it, but one thing I am quite certain: We won't see treaties concluded before the next state election.
SA Labor entered government in 2022 promising to spend more than $2 million to restart the treaty process over its "first four years".
The pledge formed part of a broader policy commitment to implement the three requests of the Uluru Statement from the Heart — Voice, Treaty and Truth.
While SA became the first jurisdiction in the country to legislate a state-based Voice to Parliament in 2023, the government is yet to announce how or when it will establish treaty or a truth-telling process.
"We've started work on what that (treaty and truth) might look like, what's happened both in Australia and overseas, and we will continue with that," Mr Maher said.
"I have had some discussions with the South Australian state First Nations Voice and we will continue those discussions.
"The elected Voice won't be the body we'll negotiate with, but (we're) certainly keen to get a perspective about, in the current environment, how we continue with both truth and treaty and sequencing those."
It has not been a smooth journey towards treaty in SA.
Discussions officially started in 2016, when the state government set aside $4.4 million over five years towards the treaty process, as well as the appointment of an independent commissioner to consult communities.
Two years later, the state government and Narungga Nation Aboriginal Corporation signed the Buthera Agreement, which committed both parties to negotiate on a treaty.
But the former Liberal government halted treaty discussions just months later, with then premier Steven Marshall describing the agreements as "more divisive than helpful".
One of the South Australian signatories to the Uluru Statement, Melissa Clarke, disagreed, and said treaties could benefit everyone.
"It is about, as Aboriginal people, being Aboriginal people on our own land, in our rightful place with our unique, precious strengths and views and values," the Ngarrindjeri, Kaurna and Wirangu woman said.
"We share, we give, we don't take away.
"Treaty is about restoring balance in this country for everybody."
Ms Clarke said she believed the time was right to restart treaty talks with communities, describing the government's "lack of progress" on negotiations as "disappointing".
"What we need is for governments to listen and act, to provide a safe and welcoming space for us to be able to have those conversations.
"We are sitting here waiting, prepared to commence these negotiations."
SA Native Title Services CEO Keith Thomas said he believed the government had taken a "cautious" approach to treaty after South Australians overwhelmingly rejected a constitutionally-enshrined Voice to Parliament at the 2023 referendum.
He said while many members of the Aboriginal community were "surprised" by the referendum result, he believed the community was now "ready" to restart treaty discussions, citing stronger native title, heritage and water rights as potential outcomes.
"I think there has to be recognition from the state government about the growth in native title bodies in South Australia," he said.
"We have legislation from the 1960s around the Aboriginal Lands Trust, which is keeping land safe for Aboriginal people.
"That legislation has done its job, they (the government) should be giving those lands back to Traditional Owners now, and that could be part of a treaty process."
Mr Thomas said South Australia could take inspiration from Victoria's nation-leading treaty model.
The eastern state has, under legislation, allowed Aboriginal Victorians to negotiate statewide or local treaties with the government, with Dja Dja Wurrung traditional owners already notifying the state's independent treaty authority of their intention to do so.
Mr Thomas said he believed a statewide treaty was the best path forward for SA.
"It should be a state treaty between the Aboriginal nations and the state, looking at all the groups involved (and) not separating or having one against another," he said.
But Ms Clarke said she believed individual nations should also have the option of negotiating their own treaties.
"Each nation has different customs, beliefs, worldviews, languages," she said.
"Each nation has their own unique needs for their own families and communities."
Mr Maher said the government was considering the Victorian model, as well as treaties in Canada and New Zealand.