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Victoria’s Treaty Becomes Law: A Historic Step for Indigenous Rights

UPDATE: Victoria has made history by becoming the first state in Australia to officially enact a Treaty, marking a monumental step toward recognizing Indigenous rights. This landmark legislation was passed by the Victorian upper house amidst cheers and applause, signaling a new era of reconciliation and justice for the First Peoples of Victoria.

The Treaty, finalized after over a decade of advocacy and more than two centuries of injustice, establishes the First Peoples’ representative body, Gellung Warl, which translates to “pointed spear” in Gunaikurnai. The legislation underscores the need for healing and truth-telling through the Yoorrook process, supported by the creation of the Office of Truth-telling and Healing and the Outcomes and Justice Commission.

Ngarra Murray, co-chair of the First Peoples’ Assembly of Victoria, hailed the Treaty as a pivotal moment for reconciliation, stating, “We will tell our children about today, and they will tell their children.” This sentiment reflects the long history of Aboriginal resilience and activism that has culminated in this transformative achievement.

The Treaty officially takes effect on December 12, 2023, with a day of ceremonies planned in Federation Square, Melbourne. This date not only marks a significant milestone for the First Peoples but also invites all Victorians to engage in a collective healing process, acknowledging the shared history of colonization and its implications.

In contrast to the rest of Australia, where treaty discussions have stalled, this legislation positions Victoria as a leader in Indigenous rights. Other regions, including New South Wales and the Australian Capital Territory, are reportedly exploring treaty negotiations, inspired by Victoria’s groundbreaking initiative.

The Treaty emphasizes practical outcomes beyond its symbolic nature, recognizing that Aboriginal people possess invaluable knowledge that can lead to improved solutions in health, education, housing, and justice. This commitment to Indigenous expertise is backed by state funding, ensuring that the Treaty fosters real change.

Volker Türk, the United Nations High Commissioner for Human Rights, described the Treaty as a “very significant moment for all Australians.” He expressed hope that it would inspire other jurisdictions to adopt similar measures, promoting participation and reconciliation for Indigenous communities.

Parallel to these developments, the Wurundjeri Woi-wurrung people have lodged a native title claim in the Federal Court, focusing on lands and waterways around greater Melbourne. If successful, this claim would enhance Traditional Owners’ control over Crown land, while ensuring their connection to the country is formally recognized.

However, the Victorian government is also pursuing controversial measures, including imposing adult jail sentences for young offenders. Critics, including the CEO of the Victorian Aboriginal Legal Service, Nerita Waight, argue that such policies could disproportionately affect Indigenous youth and fail to address underlying issues of crime.

As the state embarks on this new era of Treaty, the First Peoples’ Assembly urges the government to prioritize prevention over punishment to truly achieve community safety. The first test of the Treaty will be whether Premier Jacinta Allan heeds their call.

With the official commencement date set for December 12, 2023, Victoria’s Treaty is poised to reshape the landscape of Indigenous rights in Australia. This historic legislation is more than a legal document; it is a beacon of hope for future generations, igniting conversations about justice, equality, and shared history across the nation.

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