The Role of Parliament in Indigenous–State Agreement-Making

Parliaments play a more significant role in Indigenous-State agreement-making than often acknowledged. While much attention focuses on the executive, which drives processes and negotiates settlements, Parliament is not merely a bystander. It can both actively support treaty-making and undermine processes. This article presents a typology of the roles Parliament may play before examining three case studies: British Columbia, Aotearoa New Zealand, and Victoria. In British Columbia, a parliamentary convention fosters collaboration in implementing treaties. In Aotearoa New Zealand, a long-standing political consensus on the meaning of te Tiriti o Waitangi recently held in the face of intense contestation. In Victoria, treaty-making is nascent and politically volatile. While Parliament has played a constructive role thus far, its future is unsettled. The article contends that Parliaments should see themselves as partners in reconciliation, shaping and sustaining the legal and political foundations of Indigenous-State relationships.