Documents of ReconciliationDocuments of Reconciliation > Policy > Briefing Paper > Constitutional and legislative issuesSome significant recent developments associated primarily with the republican movement have also addressed issues concerning the reconciliation process. Recent amendments to the Native Title Act also have implications for Council's work in relation to documents of reconciliation, as does the developing practice of negotiating regional and local agreements between Indigenous and non-Indigenous interests. 1. National Constitutional ConventionThe Convention met in Canberra in February 1998 to consider whether or not Australia should become a republic, and associated issues. Of particular interest to the work of the Council, the Convention resolved that the Constitution include a Preamble containing several relevant elements, including acknowledgment of the original occupancy and custodianship of Australia by Aboriginal peoples and Torres Strait Islanders. It also suggested that the Preamble could include a recognition that Aboriginal and Torres Strait Islander peoples have continuing rights by virtue of their status as Australia's Indigenous peoples. 2. Indigenous Constitutional ConventionThe Aboriginal and Torres Strait Islander Commission convened an Indigenous National Constitutional Convention to develop the position of Aboriginal and Torres Strait Islander peoples on constitutional reform. The 90 delegates, who met in Canberra from 11-13 March 1998, represented a broad cross-section of Indigenous communities including peak Indigenous organisations, youth delegates, the ATSIC Board of Commissioners and the Chairpersons of the 35 ATSIC Regional Councils. Two Council for Aboriginal Reconciliation representatives attended the Convention and took on board the detailed views of participants about the Constitution and Indigenous peoples. 3. Local and regional agreementsThe term 'regional agreement' is commonly applied to a range of agreements or contracts negotiated between Indigenous and non-Indigenous interests on an aspect of land or marine management in a specific area or region. Local agreements may be negotiated between Indigenous communities and governments, business or community organisations. They might comprise, for example, an understanding or contract about a particular place, an economic enterprise, or service delivery arrangements. The concept of regional agreements in Australia has been incorporated into the Native Title Act and the provisions have been significantly widened in the recent amendments. The full implications of these changes and their application to wider forms of agreements, beyond native title claimants and holders, is still to be clarified in practical terms. The Australian Local Government Association has endorsed local government involvement in several types of local and regional agreements. Conclusions:International experience demonstrates that national agreements which are not entrenched in the constitution or other legislation have limited legitimacy or legal standing. There are several options available, some of which could be pursued concurrently:
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