‘System of co-governance’: Victoria’s treaty signing has ‘upended our democracy’

Key Concepts

• Treaty vs. Act of Parliament: Distinction between an international agreement between sovereign nations and domestic legislation.
• Co-governance: A system where two distinct bodies govern different populations within the same state.
• Equality Before the Law: A fundamental democratic principle that all citizens are subject to the same laws.
• Two-Tiered Justice System: A system where different groups of people are subject to different legal standards or processes.
• First People's Assembly (Gelong Wall): The indigenous representative body established by the Victorian government.
• Youth Crime Wave: The significant increase in criminal activity by young offenders in Victoria.
• Adult Sentences for Youth Offenders: A proposed policy shift to impose harsher penalties on young criminals.

The Victorian Government's "Treaty" and its Implications

The discussion centers on a recent agreement signed by the Victorian Labor government with the First People's Assembly. The speaker expresses strong criticism, labeling the current state government as the worst they have witnessed, surpassing even the Kerner government.

The "Treaty" and its Nature

• Misnomer: Barrister Lana Karis clarifies that the agreement is not a treaty in the international legal sense. A treaty is defined as an agreement between two sovereign international countries governed by international law.
• Act of Parliament: Karis explains that the agreement is, in fact, an Act of Parliament that has established a system of co-governance in Victoria.
• Co-governance Structure: Under this Act, non-indigenous Victorians are governed by the state of Victoria, while indigenous Victorians are governed by the First People's Assembly, referred to as "Gelong Wall."

Undermining Democracy and Equality

• Shattered Foundation: Karis argues that this Act has fundamentally undermined a cornerstone of Victorian democracy: equality before the law.
• Contempt for Democratic Will: The legislation is seen as having been enacted in "complete contempt of the democratic will of Victorians," who have strived for over 200 years to build an egalitarian society.
• Emergence of a Two-Tiered System: The announcement by the First People's Assembly regarding sentencing for young offenders is viewed as the beginning of a two-tiered justice system.

The Youth Crime Crisis and Government Response

• Record Youth Crime: Victoria is currently experiencing a "massive crime wave," with the "worst youth crime on record."
• Policy Reversal: In response, the Labor government has made a "180° turn," shifting from a perceived "extremely soft" stance to advocating for young offenders to face "adult sentences for a range of crimes."
• First People's Assembly Opposition: The First People's Assembly has declared this rushed government plan to sentence children to adult time "unacceptable in the treaty era." They assert that they should have been consulted on laws affecting Aboriginal children.

Breach of the "Treaty" Terms?

• No Breach Yet: Karis believes the Victorian government has not yet breached the Act. This is because the government has only made an announcement regarding adult sentences for violent crime; no laws have been drafted or introduced into parliament to implement this.
• Consultation Requirement: The Act mandates consultation with Gelong Wall whenever a bill is introduced into parliament. This stage has not yet been reached.

Absurdity of Representation and Legislation

• Disproportionate Influence: The speaker highlights the perceived absurdity of the First People's Assembly demanding consultation on laws affecting everyone, despite representing only 1% of Victoria's Aboriginal population and a smaller fraction of Aboriginal voters.
• Lack of Understanding: There is skepticism that parliamentarians who voted for the legislation fully understood its "ramifications" or even read the Act itself.

The Nature of the Debate

• Beyond Feelings: The speaker criticizes the notion that the issue is about "feelings," emphasizing the importance of words having their intended legal meaning, as expected by a lawyer. The debate is framed as a fight to "bring reason to what's actually unreasonable."

Conclusion

The core argument presented is that the Victorian Labor government's recent agreement with the First People's Assembly, while termed a "treaty," is in reality an Act of Parliament that establishes a system of co-governance. This system is criticized for dismantling the principle of equality before the law and creating a potential two-tiered justice system. The government's response to the youth crime crisis, including the proposed imposition of adult sentences on young offenders, has drawn opposition from the First People's Assembly, who claim a right to consultation on such matters. The speaker and barrister Lana Karis express deep concern over the implications of this legislation, questioning the understanding of its architects and the potential for it to fundamentally alter Victorian governance and legal principles.