Words in Action | Victoria’s Treaty, a path to justice

Even back then, the calls for a Treaty in our country were not new.

For generations, Aboriginal and Torres Strait Islander peoples had been calling for treaties to acknowledge that sovereignty has never been ceded.

Treaty to deliver self-determination and to improve the lives of First Peoples.

So here we are in 2024 — one year to the day after the Voice to Parliament referendum was defeated — and it is timely to reflect on the state of progress towards Treaty in Victoria and to consider what remarkable progress has been achieved so far on this journey.

In response to calls for self-determination at the statewide Treaty Forum in May 2016, the Victorian Government committed to pursuing the Treaty.

The enabling legislation, the Advancing the Treaty Process with Aboriginal Victorians Act (Treaty Act) 2018, passed through both houses of the Victorian Parliament in August 2018.

The act states: “The time has now come to take the next step towards reconciliation and to advance Aboriginal self-determination. Aboriginal Victorians and the State are ready to talk treaty.”

It was an exciting time in Victoria. In the words of the song by the iconic Australian band Goanna, “the winds of change are blowin’ down the line”.

The Treaty Act sets out guiding principles that will apply to all parties in the Treaty process — including government. A foundation for a relationship of political equals founded on mutual respect.

These principles are self-determination and empowerment, fairness and equality, partnership and good faith, mutual benefit and sustainability, and transparency and accountability. They underpin all negotiations.

Treaty takes time, commitment and courage. It needs clear foundations, guidelines and accountability.

Victoria’s three-phase path to Treaty recognised that there is much work to do and it needed to be done in a methodical way, each level building on the previous one: phase one establishing a representative body, phase two developing the Treaty elements and phase three negotiating Treaties.

The representative body — the democratically elected First People’s Assembly — was established in December 2019. A truly momentous event.

One of the first decisions the assembly made — in June 2020 — was to call on the state government to work towards establishing a truth and justice process. For the Treaty to be achieved, there must be a foundation of shared understanding of history — of truth-telling — at its core.

The Yoorrook Justice Commission — Australia’s first formal truth-telling process — was established in May 2021. It is independent of both the First People’s Assembly and the government and is another crucial step on the path to Treaty.

As Ngarra Murray, co-chair of the First People’s Assembly, explained: “A lot of people don’t know the true history of this place and the extent of what was done to our people, so it’s hard for them to understand the problems that grew out of that history which we still face today and need to fix.”

Yoorrook’s focus in the Treaty process is to:

• establish an official record of the impact of colonisation on First Peoples in Victoria;

• develop a shared understanding among all Victorians of the impact of colonisation, as well as the diversity, strength and resilience of First Peoples’ cultures; and

• make recommendations for healing, system reform and practical changes to laws, policy and education, as well as to matters to be included in future Treaties.

Yoorrook began in March 2022 with a ceremonial sitting at Charcoal Lane in Fitzroy — the heart of Aboriginal activism in Melbourne.

This was followed up by hearing stories and gathering information from First Peoples in Victoria about their experiences of past and ongoing injustices and how their cultures and knowledge have survived.

Working to gain a comprehensive picture of the history of Victoria, existing information and data — including that from the Victorian Government and other institutions — was closely examined.

The Yoorrook for Justice: Report into Victoria’s Child Protection and Criminal Justice System was released in June 2023. It contained 45 recommendations, some of which are already being implemented.

Yoorrook is now focused on land, sky and waters; health, housing and education; and economic prosperity as the next step in the truth-telling process. This report is due in 2025.

The next critical step in Victoria’s Treaty process — part of phase two — was achieved with the signing-off on the Treaty Negotiation Framework and the Self-Determination Fund in October 2022.

The purpose of the Treaty Negotiation Framework is to recognise historic wrongs, address ongoing injustices, help heal wounds of the past, support reconciliation, bring pride to Victorians, have positive impacts on Victoria, promote the fundamental human rights of Aboriginal peoples, including the right to self-determination, acknowledge the importance of culture to Aboriginal identity, and enhance the laws of Victoria.

To make Victoria a better place for all.

This framework provides the ground rules for negotiating treaties to ensure a fair Treaty process — it’s the why, who and how of the process.

The Self-Determination Fund provides a resource for First Peoples to support their aspirations in determining their own future by ensuring equal footing in the Treaty negotiation process and building wealth and prosperity now and into the future.

Ngarra Murray continued: “When Aboriginal communities are thriving, we can come together on equal footing and create a better-shared future.”

The fund is a significant step towards the Treaty and the transfer of power and resources to First Peoples so they can control the policies and programs that affect their lives.

The final part of phase two was the establishment of the Treaty Authority or the independent ‘umpire’ in the Treaty process.

The Treaty Authority’s role is to make sure the process is fair for all negotiating parties and that it follows the rules set out in the Treaty Negotiation Framework, observing and upholding Aboriginal Lore, Law and cultural authority.

The five Treaty Authority Commissioners were announced in Dec 2023. Treaty Commissioner and Gunditjmara woman Thelma Austin described the role of the authority: “Our work will facilitate the journey not just towards justice, self-determination and empowerment for First Peoples, but will also be about building a solid foundation for reconciliation for all Victorians.”

In welcoming the establishment of the Treaty Authority, co-chair of the First Peoples’ Assembly Ngarra Murray said: “The Treaty Authority is the first of its kind and a cultural institution that will be grounded in our culture, Lore and law and will facilitate Treaty-making. Members of the Treaty Authority are respected figures of our communities who will have the responsibility and cultural authority to bring us together as we begin Treaty negotiations.

For thousands of generations, our peoples’ ancient jurisdictions and our Lore and culture have served us well, so it will be powerful to have the Treaty Authority able to draw on our collective strength and wisdom and continue our traditions as it oversees Treaty-making in Victoria.”

With Treaty negotiations between the assembly and the state government set to commence this year, assembly co-chair Rueben Berg said the focus of talks was likely to be how best to transfer decision-making powers from the government to First Peoples.

“Obviously, Aboriginal people are the experts when it comes to Aboriginal matters. So, when it comes to Aboriginal communities and cultures and things like looking after our sacred sites and burial grounds and so on, of course, we think it should be us making the decisions,” Mr Berg said.

The importance and power of the Treaty process — the work that has already been achieved and is still to come as the ‘negotiating Treaties’ phase begins — is summed up in Treaty Authority Commissioner Andrew Jackomos’ words: “Treaties are sacred, and our work in facilitating treaties will be a sacred business. They are not just pieces of paper, but they are the essence for building forever relationships and partnerships between First Peoples and all other Victorians.”

Our past can’t be changed, but we can choose to build a better future together as equals. We all have a responsibility to find out more about Treaty as we walk this shared path together.

Aboriginal people have never wavered in their call for a Treaty as a recognition of their ancient sovereignty. What has changed is the number of non-Aboriginal people who have heard the call and are now answering it.

We invite you to find out more. Join the First Peoples Assembly, supported by the Shepparton Region Reconciliation Group, at Winton Wetlands on Sunday, October 27, to find out more about the Treaty.

Come and have a yarn, ask questions, listen, learn. Join us on this shared journey for a better Victoria.