Ever since the First Peoples’ Assembly of Victoria (FPAV) was democratically elected in 2019, its members have been discussing with communities about how Treaty should be negotiated and what it should deliver. Photo: FPAV.
Despite the Victorian Government’s condemned response to a First Nations injustice report earlier this year, it has recently made history by starting negotiations for Australia’s first statewide Treaty.
Over the past eight years the state has worked with Victorian First Peoples to establish the foundations for Treaty negotiations, including passing two acts of parliament and implementing policies across every level of government.
Now that the body representing First Peoples of Victoria (FPAV) is in the negotiation phase of establishing this Treaty with the State Government, Premier Jacinta Allan said at the ceremonial opening “it’s incumbent upon all of us to meet this moment, to seize the historic opportunity before us”.
Recalling the words of Yoorrook Justice Commission (YJC) chair – Aunty Eleanor Bourke – she told attendants, “Treaty is not about blaming or shaming.
“It’s not about finger-pointing. And it’s not about pulling us backwards – or apart.
“It’s about moving us forward, together.”
Negotiations are to be done in line with Treaty legislation and the Treaty Negotiation Framework that were established over the past few years.
In addition to the statewide treaties to be negotiated by the FPAV, various traditional owner groups across Victoria will also be able to negotiate treaties that reflect the priorities and aspirations in their local area.
FPAV co-chair Rueben Berg said whether it was caring for land and keeping culture strong or improving the way services such as health and education were delivered at a local level – “we want to negotiate a Treaty that will empower Aboriginal communities for generations to come”.
“Treaty negotiations will draw a line in the sand, right past wrongs, and deliver real improvements to the lives of First Peoples – in housing, education, health, employment,” he said.
Premier Jacinta Allan, First Peoples, Treaty Minister Natalie Hutchins, FPAV members and the Victorian Government hosted a ceremonial opening of Treaty negotiations at Darebin Parklands on Wurundjeri Woi- Wurrung Country. Photo: Facebook.
While acknowledging the huge gains made in the path to Treaty, the Victorian Aboriginal Legal Service (VALS) noted the State Government’s lacking commitment in its walk to Truth.
Last month the Victorian Government published its implementation progress report for the recommendations handed down by the YJC – the first formal truth-telling process into historical and ongoing injustices experienced by First Peoples in Victoria.
Upon its release, chair Eleanor Bourke said the YJC was “beyond disappointed” that less than 15 per cent of its 46 recommendations had been fully supported by the government.
“Yoorrook has heard 16 apologies from government representatives for the systemic harm caused by the state to First Peoples, and has heard repeated commitments to do better,” she said.
“I have said this before, for an apology to be truly meaningful, it must be followed by action to address what is being apologised for. We are yet to see this action.”
The YJC announced it was considering calling ‘accountability hearings’ in early 2025 to bring Victorian ministers back before the commissioners. Photo: YJC.
VALS CEO Nerita Wright said they’d seen recommendations from the Royal Commission into Aboriginal Deaths in Custody report and Bringing Them Home report go unaddressed for decades – so “how much longer will they spend considering rather than actually doing?”
“Many of our people have died from that inaction,” she added. “Yoorrook’s justice report cannot be allowed to become another example of governments ignoring the solutions we want for our people.”
The Yorta Yorta and Narrandjeri woman said “our people remain overpoliced, overincarcerated and dying in custody” – noting at least three Aboriginal deaths in custody had taken place since the Yoorrook Justice Report was published.
“As a government that claims to be committed to working with Aboriginal communities and ACCOs, there have been significant last-minute changes to the Youth Justice Act recently that were made without our consultation.
“To turn around and claim that they are working towards implementing Yoorrook’s recommendations feels incredibly disingenuous.”
In closing, VALS CEO said as Treaty negotiations began, she hoped to see a change in attitude from the Victorian Government “to one that prioritises meaningful change and a commitment to listening to what we have to say”.
