Aboriginal Australians Demand Treaty in Victoria Over 'No Consent' Crisis

Indigenous Elders Raise Concerns Over Victorian Treaty Bill

Indigenous elders in Victoria have raised strong concerns about the proposed treaty bill, arguing that their voices were not properly heard or respected during the process. The bill, introduced by the state’s Labor government, aims to establish a formal treaty body known as Gellung Warl, which is intended to represent Indigenous Australians in the state.

The Gellung Warl is an evolution of the First Peoples’ Assembly of Victoria and is set to take on significant governance and decision-making roles. It is expected to become operational by July 1 next year. Premier Jacinta Allan emphasized the importance of using First Nations languages as a way to show respect for Indigenous cultures during her second reading speech.

However, local Kurnai Elder Aunty Cheryl Drayton from Gippsland has criticized the government for using the Kurnai language in the name of the treaty body without proper consultation. She stated that under Kurnai customary law, any actions related to their land must involve speaking with elders and obtaining their consent.

“There was no consent given, but they are doing it anyway, and they are just being very disrespectful,” she said, according to the Herald Sun. Aunty Cheryl also expressed that Kurnai elders do not support the treaty.

Fellow Kurnai Elder Pauline Mullet echoed these sentiments, writing to the Premier about the failure to consult local people on the use of their language. She argued that using the Kurnai language to name a political body that the community does not support is not only inappropriate but also harmful. “It misrepresents our stance and risks turning our sacred words into symbols of a process we have not endorsed,” she wrote.

The First Peoples’ Assembly of Victoria, which the government claims was responsible for naming the body, stated that it consulted with various stakeholders, including traditional owner groups, members, elders, knowledge holders, and the Victorian Aboriginal Corporation for Languages. The Assembly claimed it obtained formal permissions from the relevant Aboriginal corporation for the naming of Gellung Warl.

Despite this, Ms. Mullet told the Daily Mail that many Aboriginal corporations are not representative of local Indigenous communities. She added that the government had failed to obtain the Kurnai people's "informed consent."

Critics have drawn comparisons between the Gellung Warl and the Voice to Parliament, which Aunty Cheryl encouraged her community to vote against in September 2023. “While there's no meat on the bone of how this is going to work, I can't see how any normal person with a brain could vote for it,” she told The Age at the time. She questioned how people would be elected to the Voice and suggested that the government could have used the funds to develop communities’ aspirations instead.

The debate over the treaty bill, which has not yet passed parliament, is expected to continue in the coming weeks. If approved, the legislation will pave the way for schoolchildren to learn about the "enduring harm" of colonization since 1788, include a formal apology, and lead to more geographical locations being given Indigenous names.

Victoria is the first state in Australia to introduce legislation for an Aboriginal treaty. The outcome of this bill could have significant implications for state governance and Indigenous rights across the country.