For background – please read The Uluru Statement is not what you think first which discusses in detail the danger of the enshrinement of the First Nations Voice to Parliament.

The Yulara Statement has 3 components, Voice, Makarrata, Truth. This post will focus on the second component – Makarrata.

Makarrata is not a Treaty in the sense of the normal, International context of the word – it is a post-treaty negotiation framework. The real “Treaty” happens at step 1, the enshrinement of the Voice to Parliament. This is where First Nations trade a share of their Sovereignty for a consultative voice and Australian Citizenship. And to be clear – when I say ‘a share of their Sovereignty’, it is more like putting the entire cake on the table and offering the Government to ‘help themselves’.

Once the Voice is enshrined and First Nations sovereignty along with it, the irreversible damage has been done. There is no going back. First Nations have advisory-only powers from then on. International doors are closed for good. If you have a problem with the process from here on – please contact your friendly First Nations voice representative and ask they present a stern word via their special mechanism to the Federal Parliament. Yulara Statement campaigners will have you believe the threat of mere words will have Parliament shaking in their boots and motivated to do the right thing.

When Sharing is not Caring

After our sovereign powers are locked up in the Federation, they need to be ‘shared out’, or directed from the previous holder to the appropriate new holder. The purpose of the Makarrata commission is to facilitate this process. See animated gif below;

This is the reason Victoria is establishing a Treaty process and why Australia-wide they are talking about making treaty commissions for each state, and possibly also for local governments. It is so the state can negotiate (strip) the powers from individual First Nations’ groups that the States require. This process is pending entirely on the Federal enshrinement of the Voice. If you know that “Sovereignty Never Ceded” – then by extension you can deduce the states currently have NO legitimate powers on this continent because the claim of the Crown is still – under jurisdiction of International law – based on Terra nullius. The first priority of the States and the Federal Government will be to get the powers they currently pretend to have. They will do this without compensating First Nations for this unseen, smoke and mirrors power grab.

Currently, First Nations hold all powers. So for First Nations to negotiate in a Treaty, they will by definition lose powers – whether it be via a Vienna Convention on the Law of Treaties International Treaty or by a Federation + Makarrata process. The purpose of negotiating is to make an optimal agreement where each party is treated fairly. Optimally – both parties walk away happy,  but for both parties to walk away from negotiations a little disappointed is also indicative of a good balance being met.  In this case, that would mean Australia securing their legitimacy and First Nations will get something worthwhile in return for giving away part of their powers, like guaranteed rights, cultural protections, royalties or land taxes as compensation for land lost, land with rights to run commercial activity etc.

But under Makarrata – there is no bargaining power when you don’t have the right to say no. First Nations will lose their Dreaming, Australia will enjoy a free-for-all to take whatever they want. This is not a fair negotiation. If this happens it will cement one the biggest ongoing injustices ever committed against an entire race of innocent peoples.  This will then be swallowed down with the 3rd course – “Truth” (in a very Orwellian sense) which will cover-up and sanitize the narrative. This “Truth telling” has already begun, but I will save this for another post.

Comparison with Native Title Act

Overall, this is very similar in pattern to what happened with native title. Native Title Act was a method to kill land rights. Constitutional reform will kill Sovereignty. The same modus operandi is at play – take it all away by stealth, then give a little back pretending to be generous.

Native title: First Nations jump through hoops to prove they have allodial title land rights. Government writes up these allodial rights in their system, grants First Nations a small subset of these rights back, and agrees to stop harassing First Nations on their own land. Government acts like they are doing First Nations a favour.

Constitutional reform: Government absorbs First Nations sovereign powers into the Federation under the guise of giving First Nations a consultative Voice. Government gives First Nations a subset of these powers back – including the Voice itself and Makarrata “negotiation” opportunity, and agree to stop harassing First Nations. Government acts like they are doing First Nations a favour.

Makarrata will last indefinitely

As First Nations hold all powers, they may hold powers that Governments will need later on. These are “residual powers”, the same concept as what the States claim to have today – that is the original colony powers that were not handed to the Federal Government at Federation in 1901. Hypothetical scenario in the future, a new mine is needed on land that is protected with Native Title or under Land Rights. If these rights are held with First Nations people, they will need to be forced into negotiating in order for the mine to proceed. The Makarrata Commission will facilitate this. As long as First Nations hold Sovereign Residual Powers, the Makarrata Commission will exist. In the future, “Traditional Owners” will dread to receive a unexpected phone call from the Makarrata Commission.

This, by the way, is very convenient for mining companies, they will know via the Makarrata Commission exactly which “Traditional Owner” groups they need to deal with and what agreements (vulnerabilities) these groups may be already under. No more running around trying to find an appropriate family group to trick or bribe with Woolworths vouchers, the Makarrata Commission will be their one-stop shop to take care of such pesky details.

Compensation for loss of Rights

I have a serious concern about the Yulara Statement claiming that “Sovereignty is a Spiritual Notion”. If First Nations claim that their connection to the land is merely Spiritual and nothing else, then logically they cannot claim compensation for loss of livelihood, loss of physical land/waters, loss of the right to use their own land to improve their lot through commercial activity that they choose to undertake. It could obstruct their claim to be able to build homes and infrastructure on their own land in order to support their community.  Sovereignty is not merely “a Spiritual notion”, I think these are very dangerous words that will limit First Nations from building themselves a future of true self-determination in a world vastly different to that pre-1788. It could make it so only claims for “pain and suffering” for loss of spiritual connection will be eligible for compensation.

It is ridiculous to claim that First Nations, pre-1788 interest in their land was merely Spiritual. Just like every other inhabitant on this earth, they depended on their land for their physical sustenance, food, water, their shelter, the forming of their contextual relationships in time-space, their sense of belonging and identity etc. These elements may have a spiritual aspect, but they are not exclusively spiritual notions. These interests exist universally wherever there are humans living in a society, regardless of the societies religious/spiritual beliefs or lack thereof.

Makarrata: Coming Together after a Struggle

Coming together for a cup of tea, damper and a respectful yarn?

Or coming together like a pack of lions to feast on the fresh carcass of First Nations Sovereignty?

To summarise;

• Makarrata is based on a gross power imbalance
• First Nations have only the right to advise when asked
• First Nations will have no right to say “no”
• Overall transfer of rights will be by definition one-way
• It is deceitful and it’s true intentions are grossly misrepresented
• It will end in misery for First Nations.