Draped in a possum skin cloak, Marcus Stewart, a Nira illim bulluk man and co-chair of the First People’s Assembly, last month spoke about how a treaty process could eradicate the “shadow of colonisation” that Victoria’s First Nations people continue to live with.
“Targeted, issue-specific reform may cast discrete beams of light into our lives as First Peoples, but only more profound structural change can eradicate this shadow,” he told the Victorian parliament.
Ahead of a parliamentary debate on a treaty authority bill, Stewart implored MPs to walk with us” and support the “groundbreaking treaty process”.
The bill – which will create an independent umpire to oversee Victoria and the nation’s first treaty negotiations – received bipartisan support in the lower house, despite outgoing Liberal MP Tim Smith voting against it and describing the legislation as “divisive tokenism.”
The authority is a foundational part of Victoria’s treaty process that was launched in 2018 – the most advanced of any state or territory. It’s a model other jurisdictions are closely watching.
The state is the only jurisdiction in Australia to have already enacted both the treaty and truth-telling components of the 2017 Uluru Statement from the Heart – with the federal government committing to move on both. The assembly is centred on the belief that without truth there can be no treaty.
But the truth-telling arm of the treaty process – the Yoorrook Justice Commission – has been beset by a series of resignations and reports of friction between commissioners and operational staff, as well lower than anticipated participation at some hearings.
Early concerns
The importance of the commission is well known. It has a mandate to investigate and document past and present injustices against Victoria’s First Nations people and, in doing so, create a new official public record.
So it came as a shock to many when one of its commissioners, Yorta Yorta-Dja Dja Wurrung traditional owner Wayne Atkinson, resigned last month. The commission attributes his departure to personal reasons.
His departure follows that of the commission’s first chief executive, Josh Smith, and the then director of his office Alexandra Krummel, who both resigned in January.
The Age reported last week that the First Peoples’ Assembly – the elected body that will develop a treaty framework – urged the commission to delay the release of it’s interim report, saying it had failed to produce a high-quality document and meet community expectations.
Despite calls from the assembly for its delay, Yoorrook handed down its interim report on Monday, detailing elders experiences of colonisation, including discriminatory policies that created the Stolen Generation.
It recommends the Victorian governor amend the commission’s letters patent to extend the date for its final report by two years – to 30 June 2026 – to ensure the process does not “replicate colonial injustices” and “trauma”.
The pandemic affected its first year of operations, the report says, delaying face-to-face meetings that build trust with First Nations peoples. It is also faced issues of structural racism “in seeking accommodation for the commission’s operations”.
However, after receiving the report, the government says it is still “likely” to commence treaty negotiations in 2023 while acknowledging the commission’s request for an extension.
Victorian Greens senator, Lidia Thorpe, says the challenges at Yoorrook are predictable because of the structure of the First People’s Assembly that, alongside the state government, established the commission.
Thorpe has long called for the 38 Indigenous nations model of representation at the assembly – a contested model of traditional ownership in Victoria.
The assembly this year opened applications for Traditional Owner groups to apply for a reserved seat on the assembly, without formal government recognition, in an attempt to establish a pathway for recognising nation groups outside the government process.
But Thorpe, a former Victorian state MP, says Yooroook was hindered by a “bureaucratic process that undermined self determination.”
A spokesperson for Yoorrook says the process of truth-telling is “profound and complex”
“The commission is very grateful to the community for the consultations so far, and we look forward to continuing the work guided at all times by the communities we serve,” they say.
The next steps
The next phase of the commission will look at the state-sanctioned removal of First Nations children from their families and interactions with the criminal justice system, as elders consistently brought these up as issues of concern. The report notes First Nations children in Victoria are being removed from their families at record rates, describing it as “reprehensible”.
The commission will publish a second report early next year that will make recommendations to be considered in the state’s treaty process.
Separately, the assembly is flagging the treaty process could take up to 10 years and a potential extension of Yoorrook’s reporting deadline will not affect that timeline.
Stewart says that treaty is an opportunity to “deliver structural reform for our people”.
“The treaty process is about doing things differently and so far nothing is off the table, so we want to think big,” he says.
He says different ideas being considered include having reserved seats for First Peoples in the Victorian parliament – similar to Aotearoa/New Zealand – and establishing a “Black parliament” that can act as an ongoing representative body for First Peoples with law-making and decision-making powers.
The Victorian government will consider the interim report’s recommendations, along with the assembly, and Guardian Australia understands the opposition – if elected in November – is prepared to grant the extension for the reporting timeline.
The commission has confirmed a process is also under way to replace Atkinson.
