Victorian Traditional Owners maintain that their sovereignty has never been ceded, and for generations their communities and leaders have called for Treaty to acknowledge the sovereignty of First Nations, deliver self-determination, and to improve the lives of First Peoples.

The treaty between the State of Victoria and its First Peoples is a landmark initiative that holds great promise for reconciliation and social justice, making it it a significant step forward for both Victoria and its First Peoples. By formally recognising the rights and sovereignty of the First Peoples, the treaty will pave the way for policies and practices that actively promote fairness and equal opportunities for those who have been historically marginalised.

Voice. Treaty. Truth.

What is a Treaty?

A treaty is a formal agreement between two or more sovereign entities. In the context of Victoria, Treaty refers to an agreement between the State of Victoria and its First Peoples. This treaty will formally recognise the rights and sovereignty of the First Peoples and establish a framework for how the state and these communities will work together. Unlike treaties between nations, this treaty will specifically address issues within the state, focusing on the unique needs and rights of the First Peoples of Victoria.

Australia is the only Commonwealth country not to have a treaty with its Indigenous people. No formal Treaty has ever been signed between Aboriginal and Torres Strait Islander peoples and the British or Australian governments. John Batman’s ‘treaty’ of 1835 was the first time that colonists – however poorly – attempted to negotiate their presence on this continent, and it was the rejection of the Batman Treaty by the British Government that set a precedent for Indigenous rights that wasn’t changed until the High Court of Australia’s decision in Mabo v Queensland No 2, which rejected the idea that First Nations peoples had no rights to land. Victoria is the first jurisdiction in Australia to commence a Treaty process with Aboriginal peoples in Victoria.

Why do we need a treaty?

Historically, the First Peoples of Victoria have faced dispossession, marginalisation, and injustice since European colonisation. These injustices have led to ongoing social and economic disadvantages, the ‘gap’ between Indigenous and non-Indigenous Australians, particularly in areas like health, education, and employment. A treaty is essential to address these historical wrongs and promote social justice and reconciliation. It will help rectify the lack of formal recognition of the First Peoples’ rights and sovereignty, ensuring their voices are heard and their rights are respected.

Aboriginal Australians never ceded sovereignty. Despite the entrenchment of the non-indigenous population into Australia, it is the legitimacy of this occupation that requires recognition for reconciliation, not the other way around.

A more inclusive and equitable society actively works to eliminate barriers and create conditions where everyone has a fair chance to thrive and contribute:

  • Access to Resources: Ensuring that all individuals have equal access to essential resources like quality education, healthcare, and employment opportunities.
  • Representation and Participation: Increasing the representation of marginalized groups in decision-making processes.
  • Addressing Systemic Inequalities: Identifying and addressing systemic barriers that contribute to inequities, such as discriminatory practices or biases within institutions.
  • Cultural Recognition and Preservation: Supporting the recognition and preservation of cultural identities and practices of Indigenous and minority groups. This might include funding for cultural programs, respecting traditional knowledge, and integrating diverse cultural perspectives into mainstream society.
  • Economic Opportunities: Providing targeted economic opportunities to ensure that all individuals have a fair chance to succeed financially.
  • Legal Protections: Strengthening legal frameworks to protect the rights of marginalised groups and ensure that discriminatory practices are addressed and corrected.

Why are multiple treaties needed?

Australia’s First Peoples have diverse life experiences and connections to their cultures and histories. Before colonisation, Australia was home to over 500 distinct nations, each with its own languages, stories, and practices. Since colonisation, First Nations peoples have faced dispossession of their land, forced assimilation, and attempts to erase their cultural identities. Institutionalised racism continues to affect their communities, impacting employment, education, health, and incarceration rates.

The diversity among First Peoples, both historically and currently, must be acknowledged in treaty agreements. Different First Nations have unique relationships with local governments, varying priorities, and differing levels of access to resources. Economic, political, and cultural structures vary across the state and nation, reflecting the diverse interactions and contributions of First Nations. First Peoples may pursue the empowerment of land rights, cultural identity and language, local tourism management, political action, and education for non-Indigenous Australians about culture, history, and privilege.

A unifying aspect among all First Peoples is the significance of cultural identity and connection to land. Although expressions of this connection vary across the country, it must always be honoured and respected to foster solidarity. Treaties should acknowledge and respect the specific cultural, land, and identity needs of First Peoples.

Why is this happening now?

Recent years have seen growing recognition of the need for reconciliation and justice for the First Peoples. Grassroots movements and advocacy have increased public awareness and support for such initiatives. The political and social climate is more conducive than ever to addressing historical injustices, with both the government and the public showing a greater willingness to support reconciliation efforts. This momentum has created an opportune moment to move forward with treaty negotiations.

Why treaty is significant

The treaty holds both significant symbolic and practical importance. Symbolically, it represents formal recognition of the First Peoples’ rights and sovereignty, contributing to healing and reconciliation. Practically, it provides a framework for addressing specific issues such as health, education, employment and cultural preservation. The treaty will facilitate improved relationships and cooperation between the state and First Peoples, leading to a more inclusive and equitable society.

What Will the Treaty Mean for Victoria and Its First Peoples?

A treaty can offer numerous direct and indirect benefits to the broader community. By addressing issues of disadvantage, racism, and oppression while supporting self-determination, the cultural and economic gaps between Aboriginal and non-Aboriginal Victorians would narrow. Research indicates that reducing lack of diversity and social divides can lead to lower crime and incarceration rates, as well as decreased mental and physical health issues caused by racism, higher overall productivity, and narrower gaps in employment and self-esteem. Preventing such problems through trauma healing and promoting cross-cultural solidarity can reduce the financial resources needed to address these issues later. Additionally, self-determination fosters a more cohesive society and benefits both local and national economies. For non-Indigenous Victorians, a treaty can enhance awareness and understanding of the history and rights of its First Peoples. Rather than taking rights away, the treaty provides a framework for mutual understanding and cooperation.

Pathway to Treaty

The journey began with extensive consultations and the formation of treaty negotiation frameworks and bodies, such as the First Peoples’ Assembly of Victoria, and the Treaty Authority. These efforts have ensured that the treaty process is inclusive and representative of the First Peoples’ interests.

  • February 2016: Victorian First Peoples call on the Government to commit to Treaty at a self-determination forum.
  • March 2016: The Victorian Government commits to progressing Treaty.
  • July 2016: Aboriginal Treaty Working Group established.
  • January 2018: Jill Gallagher AO appointed as the Victorian Treaty Advancement Commissioner.
  • January 2018: Victorian Treaty Advancement Commission (VTAC) commences operations and leads community consultation.
  • June 2018: Launch of the Deadly Questions campaign to build public awareness and support for Treaty.
  • September 2018: VTAC holds a Treaty Statewide Gathering and Elders Forum to design the Aboriginal Representative Body.
  • August 2019: Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Treaty Act) enacted by the Victorian Parliament.
  • October 2019: Statewide elections held; Members elected to the First Peoples’ Assembly of Victoria.
  • December 2019: The Minister for Aboriginal Affairs declares the First Peoples’ Assembly of Victoria to be the Aboriginal Representative Body under the Treaty Act.
  • December 2019: First Peoples’ Assembly of Victoria inaugural meeting.
  • December 2019: First Peoples’ Assembly of Victoria calls for Stolen Generations redress.
  • June 2020: First Peoples’ Assembly of Victoria calls for a truth-telling process.
  • July 2020: Victorian Government commits to establishing a truth and justice process and develops terms of reference with the First Peoples’ Assembly of Victoria.
  • August 2020 – October 2022: Negotiations between the Victorian Government and the First Peoples’ Assembly of Victoria on Treaty elements required under the Treaty Act.
  • January 2021: Establishment of a dispute resolution process as the first Treaty element.
  • February 2021: Launch of the Deadly & Proud Campaign to build public awareness and support for Treaty.
  • March 2021: Joint announcement of the Yoorrook Justice Commission by the Victorian Government and the First Peoples’ Assembly of Victoria.
  • April 2021: Agreement on Treaty conduct protocols.
  • May 2021: Formal establishment of the Yoorrook Justice Commission and appointment of Commissioners.
  • March 2022: Launch of the Stolen Generations Reparations Package.
  • June 2022: Signing of the Treaty Authority Agreement.
  • June 2022: Members of the First Peoples’ Assembly of Victoria address the Legislative Assembly, calling for support for the Treaty Authority and Other Treaty Elements Bill 2022 (Treaty Authority Bill).
  • August 2022: Enactment of the Treaty Authority Bill by the Victorian Parliament.
  • October 2022: Signing of the Treaty Negotiation Framework Agreement.
  • October 2022: Signing of the Self-determination Fund Agreement.
  • July 2024: The First Peoples’ Assembly of Victoria officially informs the Treaty Authority that it is ready to begin negotiations with the State of Victoria.

As of July 2024, the treaty process has now entered the negotiation phase. The next steps involve finalizing the treaty agreements and implementing the provisions agreed upon. This includes continued negotiations, legislative actions, and the development of mechanisms to ensure the treaty’s effective implementation.

Additional Resources

For further information and to get involved, we welcome you to contact us.

Frequently Asked Questions about Treaty