Lamingtons* and lamb are colonial symbols shared at many an Australia Day BBQ on January 26th each year. Over the ditch in Aotearoa New Zealand on Waitangi Day, February 6th, you will find our Kiwi cousins are also sharing lamb, and probably a lamington or two.

Our two countries, with national days of recognition falling close together share values, the ANZAC spirit, the invention of the pavlova, a love of sport – and complex histories and relationships with Indigenous peoples. What we don't share is one of us was founded on a treaty and the other still has no treaty in place.

In fact, Australia remains the only Commonwealth nation without a treaty or formal agreement with its Indigenous peoples.

For Aotearoa New Zealand the presence of a treaty has not quelled the debate, or protest that occurs each Waitangi Day around interpretation of the treaty. It is however document that recognises Māori as tangata whenua (people of the land) and their rights within New Zealand and under pins a culture that fosters a sense of belonging, respect, and shared identity between Māori and non-Māori communities.

For Australian's the absence of a treaty, any agreement or acknowledgement of the presence of First Nation's on this land long before white settlers, echoes the arrogance of authoritative possession.

January 26th represents the day British colonists officially claimed sovereignty over the land now known as Australia, ignoring the existence and rights of the continent's Indigenous people.

February 6th in New Zealand represents the day the Te Triti o Waitangi (The Treaty of Waitangi) was signed, and the British were given the right to settle on the land of Aotearoa – making this date each year a day which, at minimum acknowledges diverse parties establishing a founding document.

A treaty could fundamentally transform the narrative surrounding January 26th - particularly if the date of signature were to be the date we currently celebrate/debate as our national day creating a new perspective on the date, and building a foundation for recognition, reconciliation, and healing.

A treaty is a legally binding agreement that acknowledges the sovereignty and rights of Indigenous peoples. Treaties are also agreements between nation states recognising a relationship with other states and the terms under which the relationship will work.

For many First Nations around the world - treaties have represented an essential step toward recognition and self-determination in relation to the colonising power that they have been forced to deal with often under duress and conflict. For many First Nations in the anglosphere such treaties in the aftermath of their signing seemed not worth the paper they were written on as they were subsequently ignored as lands were taken and peoples displaced and marginalised.

However, in recent times we have seen such instruments recognised as a real means to renegotiating the relationship between first peoples of a colonised land and the general populous (e.g Te Tiriti o Waitangi). Unlike symbolic gestures, such as constitutional recognition, a treaty has the potential to address practical and systemic issues, including land rights, economic empowerment, and cultural preservation.

For New Zealand, Canada, and the United States, treaties with Indigenous peoples have provided a framework for dialogue and negotiation, even though challenges remain. For Australia, a treaty could serve as a foundation to address and reconcile our history and the redefine the relationship between First Nations peoples and the broader Australian community.

For over 65,000 years, First Nations communities thrived on these same lands, with complex cultures, languages, and systems of governance. Achieving a treaty requires political will, public support, and meaningful engagement with First Nations communities. Initiatives like the Uluru Statement from the Heart and the establishment of truth-telling commissions provide a foundation for these efforts. A treaty process in turn would need to be guided by principles of justice, equity, and respect for Indigenous sovereignty.

The endless debate about date is why we are so stuck - no one is moving the conversation forward and it suits the politicians to see everyone divided on date and no discussion about treaty.

If a treaty were in place and signed on the current national day, January 26th perhaps it could take on an entirely different meaning other than being a divisive date, it could serve as an opportunity for reflection, unity, and symbolising the beginning of a new chapter in Australia's history.

*The lamington is said to have been invented in Queensland, and named after Lord Lamington, colonial Governor of Queensland (1896-1901).

'Alopi Latukefu

Director for Justice and Advocacy (ERCS)

Edmund Rice Centre for Justice and Community Education