On June 12, 1988, then-Prime Minister Bob Hawke was presented with the Barunga Statement.
A statement that finished with the words: “And we call on the Commonwealth Parliament to negotiate with us a Treaty recognising our prior ownership, continued occupation and sovereignty and affirming our human rights and freedom.”
In response, Mr Hawke made a promise.
“There shall be a Treaty negotiated between the Aboriginal people and the Government on behalf of all the people of Australia,” he said.
He went on to say: “The Government hopes that these negotiations can commence before the end of 1988 and will lead to an agreed Treaty in the life of this Parliament.”
June 1991.
Yothu Yindi’s powerful anthem, Treaty, was released.
It was a reminder of Mr Hawke’s broken promise made in 1988.
“Well I heard it on the radio
“And I saw it on the television
“Back in 1988, all those talking politicians.”
There was no Treaty. There were no negotiations.
“Words are easy, words are cheap
“Much cheaper than our priceless land
“But promises can be broken
“Just like writing in the sand.”
So, Australia now stands alone as the only Commonwealth country to have no Treaty with its First Nations peoples.
However, in Victoria, the recent announcement of the membership of the Victorian Treaty Authority is a reminder of the work that has been done to progress Treaty in our state.
Progress that sees Victoria leading the nation in relation to steps taken towards Treaty.
Beginning in early 2016, the Victorian Government made a commitment to discussing treaties with Aboriginal Victorians — an important first step.
This was followed by the establishment of the Aboriginal Treaty Working Group in July 2016.
The working group’s role was to consult with Aboriginal communities across the state.
An Aboriginal Representative Body was needed, but its functions, operations and how it would represent the many Aboriginal communities had not been decided.
Guidance from the communities was needed and resulted in 16 community consultations to consider this.
In December 2017, Jill Gallagher was appointed Victorian Treaty Advancement Commissioner to lead the establishment of an Aboriginal Representative Body — the body that would work in partnership with the Victorian Government to develop a framework to support future treaty negotiations.
A beginning to the long path to Treaty.
In June 2018, the Advancing the Treaty Process with Aboriginal Victorians Act 2018 passed both houses of the Victorian Parliament.
It was the first Treaty legislation in Australia — a truly historic moment.
In the preamble to the Act, the United Nations Declaration of the Rights of Indigenous Peoples — specifically Article 19 — is referenced, giving a foundation to the approach taken in the Act.
“… the State recognises the importance of the treaty process proceeding in a manner that is consistent with the principles articulated in the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent. By continuing to consult and cooperate in good faith, the State will endeavour to take each step forward on the pathway toward treaty together with traditional owners and Aboriginal Victorians.
“With this Act Aboriginal Victorians and the State join hands to take the first step on the pathway towards treaty.”
The announcement of the name for the independent Aboriginal Representative Body — the First Peoples’ Assembly of Victoria — ushered in a new era, beginning with democratic elections for the 31 members of the first assembly taking place from September to October 2019.
In 2020, then-co-chair of the First Peoples’ Assembly of Victoria Marcus Stewart said: “... what we do know right now is that Treaty for us is a vehicle of hope and aspiration.”
Following calls from the assembly for a truth and justice process, the Yoorrook Justice Commission was established in 2021.
Yoorrook’s ground-breaking role is to examine both past and ongoing injustices experienced by First Peoples in Victoria in all areas of life since colonisation so it can:
- 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
- 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.
This on-going truth-telling work is a crucial part of any Treaty process.
The work it has done so far underscores only too clearly, the ongoing impacts of colonisation but also what changes are needed to address these issues in the future.
The path to Treaty takes many steps, each one building on the other.
On August 24, 2022, the Treaty Authority and Other Treaty Elements Act — the Act to establish the “independent umpire” for the Treaty negotiations — came into effect.
The authority is legislated through an agreement between the State of Victoria and the First Peoples’ Assembly.
This legislation ensures the authority is independent and not subject to the direction of a minister.
The process of selecting members of the Treaty Authority will be the last part of the preparation for the actual treaty negotiations.
The Treaty Negotiation Framework, which sets out the ground rules for negotiating treaties to ensure a fair Treaty process, and the Self-Determination Fund, which provides a resource for First Peoples to ensure fair and equitable treaty negotiations, were finalised on October 20, 2022.
The second First Peoples’ Assembly elections were held during May to June this year with 22 members elected.
The building excitement of the imminent announcement of the authority members was clearly present when newly-elected assembly member Levi Power spoke to Shepparton Region Reconciliation Group members about Treaty recently.
Then, finally, there was the announcement of the Treaty Authority members.
Commenting on the Treaty Authority’s structure at last week’s announcement of members, First Peoples’ Assembly new Co-chair Ngarra Murray explained that the Treaty Authority has “explicitly been created in a way to ensure the work ahead, the conversations that we’ll have, the better outcomes will be delivered for our people, will be grounded in our culture and our lore.”
She went on to say: “The legislation that brought the Treaty Authority into existence was unique. Whilst it was an act of Parliament … it enabled the creation of a body outside of the usual political system.”
With the appointment of Treaty Authority members Dr Petah Atkinson, Thelma Austin, Jidah Clark, Andrew Jackamos and Duean White, the scene is finally set for negotiations to begin in 2024.
Perhaps in Victoria we are coming close to the dream mentioned in Yothu Yindi’s anthem Treaty:
“This land was never given up
“This land was never bought and sold
“The planting of the union jack
“Never changed our law at all
“Now two river run their course
“Separated for so long
“I’m dreaming of a brighter day
“When the waters will be one”
A future where “the waters will be one.”
This could be Victoria.
To find out more about how you can support Treaty in Victoria visit: www.firstpeoplesvic.org/walk-with-us/
To find out more about the First Peoples’ Assembly of Victoria visit: www.firstpeoplesvic.org/the-assembly/
To read the United Nations Declaration on the Rights of Indigenous Peoples visit: https://social.desa.un.org/sites/default/files/migrated/19/2018/11/UNDRIP_E_web.pdf