The passage of landmark legislation in Victoria has paved the way for Australia’s first treaty with Aboriginal and Torres Strait Islander peoples, marking a significant step towards addressing the disparities between Indigenous and non-Indigenous Australians. The legislation, passed on Tuesday, establishes the First Peoples’ Assembly, now known as Gellung Warl, as a permanent authority to guide this historic process.
Indigenous author and former Yes campaigner Thomas Mayo expressed the emotional significance of this development, stating, “I’ve got deep feelings of respect for everyone involved. It’s the result of a lot of hard work that sets up the foundation for treaty and measures that will ultimately close the gap.”
The Significance of the Treaty
Indigenous Australians face significant challenges, including lower life expectancy, higher suicide rates, poorer health outcomes, and over-representation in the criminal justice system. The establishment of Gellung Warl is seen as a crucial step in addressing these issues. “What we’re seeing is an institution for self-determination to ensure that the Aboriginal people of Victoria have a say about legislation and policies in the state,” Mayo added. “These are the key tenets to closing the gap. It’s what’s been missing.”
The treaty also aims to advance truth-telling by integrating more First Nations history into the high school curriculum, drawing on resources from the Yoorrook Justice Commission. Mayo emphasized, “All of these things are a great foundation for outcomes.”
Challenges and Opposition
Despite the positive strides, the treaty has faced opposition. Victorian Opposition Leader Brad Battin argued for direct funding to services over treaty processes. “You [the state government] could have met with Indigenous groups with or without a treaty and put funding into those programs and organisations,” he stated.
Nerita Waight from the First Peoples Assembly highlighted the importance of accountability, saying, “What makes this meaningful, what makes it different is that government will have to be accountable for its failures, for its errors in judgement, but that will result in things that will work on the ground.”
National Implications and Historical Context
Australia remains the only major Commonwealth country without a national treaty with its First Peoples, despite former Prime Minister Bob Hawke’s commitment to such an agreement in 1988. The journey to a treaty in Victoria took a decade, a timeline former Minister for Indigenous Australians Linda Burney described as reasonable. “Anyone that thinks that treaty-making is a quick process is deluding themselves,” she noted.
Burney pointed to Western Australia’s 2018 Noongar settlement as a successful example of local agreement-making. However, treaty-making efforts have stalled in other regions, with South Australia committed to restarting negotiations but unlikely to sign agreements before the next election.
“[It’s a] symbol to those places like Queensland and the NT, that when you work in good faith, you get good outcomes,” Burney stated.
Looking Forward
Minister for Indigenous Australians Malarndirri McCarthy described the Victorian treaty as a “big step forward,” emphasizing the mutual respect and recognition it represents. Meanwhile, Shadow Minister for Indigenous Australians Kerrynne Liddle raised concerns about the treaty’s implications for native title laws and cross-border language groups.
Kungarakan elder and human rights campaigner Professor Tom Calma endorsed Victoria’s process as a blueprint for other states and territories. He stressed the importance of truth-telling and empowering Indigenous Australians to drive change. “We want equality, and we want to do it in a way that’s empowering … and sustainable,” Calma remarked.
Having advocated for Indigenous rights for over 40 years, Calma emphasized the treaty’s potential to benefit all Victorians. “I think this is a great opportunity for all Victorians to come on board [and] understand that this is going to be a benefit to the whole of society, something we can all be proud of.”
The passage of Victoria’s treaty legislation marks a pivotal moment in Australia’s journey towards reconciliation and equality, setting a precedent for the rest of the nation to follow.
