The long road to treaty | Insiders On Background

Key Concepts

• Treaty: A formal agreement between two or more parties, in this context, between the Victorian government and Aboriginal people.
• First People's Assembly of Victoria: A democratically elected body representing Traditional Owners across Victoria, leading the treaty-making process.
• Galwal: The overarching treaty landscape established in Victoria, encompassing representation, accountability, and truth-telling.
• Nin Ma Ya: A new accountability mechanism within the Galwal, designed to hold the government accountable for its commitments to First Peoples.
• Yuk Tkuna: A previous four-year truth-telling process in Victoria, whose work is intended to continue through the new treaty framework.
• Statement of Compatibility: A legislative requirement to assess the impact of proposed laws on First Peoples.
• Closing the Gap: A national initiative aimed at reducing disparities between Indigenous and non-Indigenous Australians in areas like health, education, and employment.
• Bipartisan Support: Agreement and backing for a policy or initiative from both major political parties.

Victoria's Historic Treaty with Aboriginal People

This summary details the significance and mechanics of the first treaty signed and formalized into law in Victoria, Australia, with Aboriginal people. This historic achievement, occurring in 2025, marks a new era for Indigenous relations in Australia, drawing parallels with international examples from Canada and New Zealand. The discussion features Reuben Berg, co-chair of the First People's Assembly of Victoria, who elaborates on the treaty's implications, requirements, and offerings for all Victorians, as well as lessons for the rest of Australia.

The Moment of Signing and its Significance

Reuben Berg described the treaty signing at the Governor's residence as a "really powerful moment" on the journey towards treaty-making in Victoria. The formalization of the agreement, signed alongside the Premier and Minister, with his co-chair Nagara and in front of Assembly members and community leaders, was an unforgettable experience.

The Journey Towards Treaty

The path to this treaty has been a long one, spanning approximately ten years. The First People's Assembly of Victoria, a democratically elected group of Traditional Owners, has been instrumental in leading this process for the past six years. This journey has involved the passage of key legislation and culminated in the treaty being signed and enacted into law, with a formal commencement process scheduled for December 12th.

The Galwal: Victoria's Treaty Landscape

The treaty establishes the Galwal, an overarching treaty landscape in Victoria, comprising three key components:

1. First People's Assembly of Victoria: This democratically elected body will continue to represent the views of the First Peoples community and make representations to the government.
2. Nin Ma Ya (Accountability Mechanism): This new mechanism is crucial for holding the government accountable. It allows for inquiries into specific issues, access to data, and research to ensure government progress on commitments. It will monitor government programs and frameworks directed towards First Peoples, as well as recommendations from the Yuk Tkuna truth-telling process (over 140 recommendations).
3. Truthtelling Component: Building on the concluded four-year Yuk Tkuna process, this component ensures the continuation of truth-telling and that the work of Yuk Tkuna is not neglected. It will facilitate place-based conversations around truth-telling.

Representation and Government Obligations

The Assembly's representation role includes:

• Annual Address to Parliament: Leaders of the Assembly will have the opportunity to address Parliament once a year on issues they deem important for politicians to understand directly from First Peoples.
• Cabinet Meetings: The Assembly will meet with Cabinet twice a year.
• Duty to Consult: The state has an obligation to consult with First Peoples' experts when developing laws, policies, or processes that affect them.
• Statement of Compatibility: When legislation is tabled, a statement of compatibility must be provided to assess its impact on First Peoples and how this impact is being considered. This framework is described as similar to existing human rights assessment processes.

Accountability Mechanisms in Detail

The Nin Ma Ya accountability mechanism is a direct response to the Productivity Commission's review into Closing the Gap, which identified a lack of a First Peoples-led body to monitor government progress. This mechanism empowers First Peoples to:

• Hold inquiries into specific issues.
• Access data and conduct research.
• Examine all government programs and frameworks for First Peoples.
• Address recommendations from the Yuk Tkuna truth-telling process.

It is important to note that this mechanism does not include veto powers or coercive powers. Its primary function is to strengthen the relationship between the government and First Peoples by ensuring their voices and expertise are heard in discussions.

Continuation of Truthtelling and Education

A significant aspect of the treaty is the integration of First Peoples' history and the impact of colonization, as told by First Peoples, into the public school curriculum from prep to Year 10. This aims to ensure that all Victorians in the school system gain a better understanding of First Peoples' history directly from them. The treaty also supports ongoing, place-based conversations around truth-telling.

Decision-Making and Community Consensus

The treaty-making process has been lengthy and involved extensive consultation with communities. The 33 members of the Assembly are obligated to engage with their constituents, holding regional and statewide gatherings, and consulting with Aboriginal community-controlled experts and Traditional Owner organizations. The process acknowledges that aspirations may sit within this first statewide treaty, future statewide treaties, or local Traditional Owner treaty processes. Balancing these sometimes competing interests is a challenge, but the focus remains on achieving better outcomes for communities.

Political Challenges and Bipartisan Support

The state opposition in Victoria has vowed to scrap the treaty if they win the next election, proposing a new government department instead. While the initial legislation had bipartisan support, this has since been lost. The First People's Assembly continues to engage with all sides of politics, aiming to demonstrate the practical success of these processes and secure understanding that this is the way forward. Reuben Berg expressed confidence in the treaty being the right way forward, despite the potential for political challenges.

Lessons for Other States and Territories

Victoria's approach is presented as a potential model for other states and territories. Key to their success has been:

• Strong community engagement: Bringing communities along the journey.
• Staged reform: Breaking down the process into manageable milestones.
• Avoiding rushing: Taking small steps to build comfort and reduce resistance to change.

Timing of Justice Policy Announcement

The announcement of a new policy for young children (under 14) to serve adult jail time for violent crimes, coinciding with the treaty signing, was described as "bitterly disappointing." This policy is expected to disproportionately affect Indigenous Australians due to higher incarceration rates. While the government provided notification, there was no consultation with the First People's Assembly on this specific proposal.

Future Voice in Policy Formulation

With the treaty now law, there is an expectation and requirement for greater involvement of First Peoples in policy formulation. For legislative approaches like the justice policy, there would be an expectation for the government to consult with the Assembly. While limits to influence exist, the ability to participate in discussions, share lived experiences, and highlight disproportionate impacts is seen as a pathway to change. The Statement of Compatibility requirement will also apply.

Federal Implications and Nationwide Truthtelling

Following the failure of the Voice referendum, the focus is on how the federal government might proceed. Reuben Berg suggests that if other states and territories progress treaty-making, a Commonwealth-wide approach could emerge. He also emphasizes the significant scope for nationwide truth-telling, learning from Victoria's process, and creating culturally safe spaces for First Peoples to share their truths, access data, and question ministers and premiers. The ability to have such a process, even without bipartisan support, is considered possible.

Conclusion

The treaty in Victoria represents a significant step towards self-determination and improved outcomes for Aboriginal people. It establishes a framework for ongoing dialogue, accountability, and truth-telling, aiming to build a stronger and more equitable future for all Victorians. The process highlights the importance of community engagement, staged reform, and sustained political will in achieving meaningful change.