In a step of national and international importance, Treaty has now become law in the state of Victoria, an Australian first.
After ten years of work, and more than two centuries of murder, stolen children and dysfunction, the new Treaty formally establishes the First Peoples’ representative body of Victoria, known as Gellung Warl, which means ‘pointed spear’ in Gunaikurnai.
The Yoorrook truth-telling process is set to continue via an Office of Truth-telling and Healing, Nyerna Yoorrook Telkuna (‘sit, listen, hear, remember’) and an associated Outcomes and Justice Commission, Nginma Ngainga Wara (‘you will do’), which will conduct independent monitoring and inquiries.
The Treaty recognises the First Peoples of Victoria as the original custodians of the land on which the colony was established, and acknowledges their unique and ongoing role.
‘The historic wrongs and ongoing injustice of colonisation have resulted in unacceptable levels of discrimination, disadvantage and intergenerational trauma for First Peoples,’ states the accompanying bill. ‘These acts of injustice must not continue or be repeated.’
The public gallery burst into cheers and applause when the Treaty became law in Victoria’s upper house, supported by Labor, The Greens, Animal Justice Party and Legalise Cannabis MPs.
Co-chair of the First People’s Assembly of Victoria, Ngarra Murray said, ‘This is a historic moment for our people. We will tell our children about today, and they will tell their children, passing down to future generations the story of how decades of Aboriginal resilience and activism led to Australia’s first Treaty.’
She said it represented an opportunity ‘for all Victorians to acknowledge our shared history, heal and move forward together.’
The situation is a far cry from the rest of Australia, where treaty discussions have been abandoned in most cases, although preliminary discussions are underway in NSW and the ACT. New Zealand and Canada have both had treaties for many years.
Practical outcomes
Beyond symbolism, the new Victorian Treaty recognises that Aboriginal people are the experts on their own lives, and the best source of new ideas and practical solutions when it comes to issues such as health, education, housing and justice.
Backed by state funding, and the result of many years of consultation and negotiation, the state-wide Treaty does not preclude further treaties between Traditional Owners and local government bodies, and is underpinned by principles of truth-telling, a vital precursor to healing, noting the fiction of terra nullius and the need for the state to carry the weight of its murderous history.
As the Treaty document states, ‘It is a rare thing for a government to admit it was wrong – rarer still to commit, in plain words and enduring actions, to making it right…
‘That is what this moment makes possible – a moment we claim together.’
Co-chair of the First People’s Assembly of Victoria Rueben Berg said Treaty meant implementing the rights which generations of activists had fought for. He said it was about ‘getting better outcomes for First Peoples, which everyone should see as a positive thing.’
United Nations High Commissioner for Human Rights Volker Türk described the new agreement as a very significant moment for all Australians, saying he hoped it would inspire other jurisdictions to adopt similar measures to recognise Indigenous people and promote participation and reconciliation.
‘It represents a major step towards justice and equality,’ he said. ‘It addresses the continued exclusion of and discrimination against the country’s First Peoples – the results of colonisation.’
What next?
Parallel to Treaty negotiations, the Wurundjeri Woi-wurrung people of Victoria have been preparing a native title claim which was lodged last week with the Federal Court, with a particular focus on the lands and waterways around greater Melbourne.
In spite of the predictable, fact-free fear campaign launched by the ratbag right, if successful this claim would have no effect on private property, businesses or public infrastructure, but give Traditional Owners greater control over the protection of Crown land in the area, and formally acknowledge their connection to country.
Co-claimant Uncle Perry Wandin traces his lineage back to the legendary William Barak, who was associated with the Coranderrk mission and spent his life fighting for the rights of his people.
Victorian Premier Jacinta Allan has offered her support for the Wurundjeri claim.
In the same week however, her government sought to implement adult jail sentences for young offenders, up to and including life sentences, which the CEO of the Victorian Aboriginal Legal Service Nerita Waight said would disproportionately affect Indigenous children, while failing to reduce crime rates.
The First People’s Assembly of Victoria is urging the government to focus on prevention, not prison, if it truly wants to make the community safer. The first test of Treaty may be to see whether the premier listens to their call.
Victoria’s Treaty will officially commence on Friday 12 December, following a day of ceremony and celebration in Federation Square, Melbourne. Wherever you live, if you want to be an ally as the state embarks on its new era of Treaty, there are some ideas here.
Originally from Canberra, David Lowe is an award-winning filmmaker, writer and photographer with particular interests in the environment and politics. He’s known for his campaigning work with Cloudcatcher Media.
You can find more of his writing at Patreon and Gumroad.
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