Question
The new Federal Government has been elected on a strong commitment to ensuring Australia's international human rights obligations are met. This includes implementing all 46
The new Federal Government has been elected on a strong commitment to ensuring Australia's international human rights obligations are met. This includes implementing all 46 Articles of the United Nations Declaration of the Rights of Indigenous Peoples ('UNDRIP'). The Commonwealth joins other like-minded nations in signing the Implementation of Treaties with Indigenous Peoples Agreement ('the Treaty'), an international treaty aimed at facilitating the development and protection of Indigenous self-determination. Included in the Treaty appendix is the entirety of the UNDRIP as reference material for the achievement of the Treaty objectives. The Treaty includes: Article 1 Member states agree to take all measures possible to implement meaningful, negotiated agreements with Indigenous peoples. Article 5 Member states agree to conduct negotiations with Indigenous peoples according to the standards and principles set by the UNDRIP. The Commonwealth enacts the Treaty Framework under the Indigenous Treaty Framework Act 2022 (Cth) ('the Treaty Framework Act') and grants broad negotiation powers, including determining the content of treaties, to the Attorney General under the Indigenous Treaty Framework Regulations 2022 ('the Treaty Regulations'). As part of the Commonwealth's commitment to achieving its obligations under the Treaty, the Treaty Framework Act includes: Section 1 All states and territories must begin treaty negotiations with Indigenous peoples within two years of the date of enactment of this Act. Section 10 All Commonwealth treaties to be negotiated with Indigenous peoples will conform to the Indigenous Treaty Framework Regulations to be determined by the Attorney General. The Commonwealth also declares all future grants to the states and territories for Indigenous affairs will be conditional on having entered meaningful treaty negotiations with Indigenous peoples. The Queensland Government's budget for 2022 is expected to be $64 billion, half of which comes in the form of grants from the Commonwealth, $5 billion of which is for the specific purpose of Indigenous affairs. The Queensland Government is furious with the Commonwealth Government. While introducing the Queenslanders Don't Enter Treaties With Themselves Act 2022 (Qld) ('the No Treaty Act'), the Queensland Premier states that 'the Commonwealth is hell-bent on dividing Queenslanders by race and interfering with our affairs. This race division won't stand'. The No Treaty Act includes the following: Section 1 There will never, ever be a treaty between Indigenous peoples and the Queensland Government. QUESTION 1.1 (15 MARKS) The Queensland Aboriginal Treaty Group ('the Treaty Group') is concerned that the Queensland Government will stop all treaties with Indigenous peoples. Advise the Treaty Group on the constitutional validity of the Commonwealth's Treaty Framework. .
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