WEBVTT - ‘We’re always going to fight’: Victoria’s groundbreaking path to Treaty 0:00:00.080 --> 0:00:03.440 A warning for Abergin Ontario Straight Islander listeners. The following 0:00:03.440 --> 0:00:06.440 episode contains voices of deceased First Nations people. 0:00:07.360 --> 0:00:09.840 It may be that this county had become the most 0:00:09.920 --> 0:00:11.959 valuable acquisition Written has ever made. 0:00:12.280 --> 0:00:14.840 It's been a long call for treaty and truth telling, 0:00:15.320 --> 0:00:16.520 especially here in Victoria. 0:00:17.360 --> 0:00:20.680 And with the preperation of everyone here assemble to render 0:00:20.760 --> 0:00:25.880 this settlement advantageous and honorable to our homeland written. 0:00:26.520 --> 0:00:29.240 The fight really did start with the ancestors and the 0:00:29.360 --> 0:00:31.200 current deputation to the Parliament. 0:00:31.320 --> 0:00:33.480 My grandfather was part of that. 0:00:33.880 --> 0:00:35.920 It went all the way through to the day a 0:00:35.960 --> 0:00:39.640 morning where my grandfather, SADG. Nichols, was marching in the 0:00:39.680 --> 0:00:40.519 streets of Sydney. 0:00:40.800 --> 0:00:43.480 And I want to suggest three things why you should 0:00:43.520 --> 0:00:47.880 bother about the Aborigines. Firstly, we belong to a great 0:00:48.120 --> 0:00:50.600 family of God and he had made out of one 0:00:50.720 --> 0:00:53.080 blood all nations of men. 0:00:53.960 --> 0:00:57.080 And then the nineteen sixty seven referendum. 0:00:57.800 --> 0:01:00.680 We want to become a part of it our country 0:01:01.000 --> 0:01:02.840 with becoming referendum. 0:01:02.240 --> 0:01:04.880 This should give us some power if we get yes. 0:01:06.440 --> 0:01:09.640 My grandfather Short Murray, he wrote a letter to the 0:01:09.640 --> 0:01:13.080 Premiere in nineteen eighty eight calling for treaty and compensation. 0:01:13.280 --> 0:01:16.840 So we carry that legacy that's in our blood. You 0:01:16.920 --> 0:01:19.600 can't escape it, but we can make sure that treaties 0:01:19.600 --> 0:01:22.360 will be in our future and that will change our 0:01:22.400 --> 0:01:23.640 future and our kids to come. 0:01:29.720 --> 0:01:38.840 From sports media, I'm Daniel James. This is seven AM. 0:01:39.080 --> 0:01:41.840 Change in the First Nation's affairs is often glacial in 0:01:41.880 --> 0:01:44.880 its pace, and in the aftermath of the resounding defeat 0:01:44.920 --> 0:01:47.880 of last year's referendum on the Voice to Parliament, political 0:01:47.920 --> 0:01:51.120 will for progress is scarce, with some states walking away 0:01:51.120 --> 0:01:54.240 from their planned treaty processes trying to capitalize on the 0:01:54.280 --> 0:01:58.600 referendum result. But in Victoria things are different, with truth 0:01:58.640 --> 0:02:01.400 telling already underway and he said to be negotiated this 0:02:01.520 --> 0:02:04.600 year for the first time ever in the history of Australia. 0:02:05.360 --> 0:02:07.640 The process is being led by the First People's Assembly 0:02:07.680 --> 0:02:11.320 of Victoria and elected by the representing Victoria's traditional owners 0:02:11.520 --> 0:02:13.720 and all the abergin Ontari Australia and the people living 0:02:13.720 --> 0:02:14.240 in the state. 0:02:15.320 --> 0:02:18.080 Today. Co Chair of the First People's Assembly of Victoria 0:02:18.200 --> 0:02:21.320 and Gara Murray on how they reached this point and 0:02:21.360 --> 0:02:23.960 how the process of truth and treaty in Victoria can 0:02:24.000 --> 0:02:31.280 be instructive for the rest of the country. It's Monday, 0:02:31.600 --> 0:02:44.760 August twenty sixth in Ghara. After decades of calling for 0:02:44.800 --> 0:02:48.920 treaties from First People's in Victoria, now the First People's 0:02:48.919 --> 0:02:53.240 Assembly of Victoria is at the point where negotiations on 0:02:53.400 --> 0:02:56.760 treaties are formally commencing. So can you tell me about 0:02:57.160 --> 0:02:59.880 the Assembly and what's taken to get to this point. 0:03:00.280 --> 0:03:02.640 Yeah, So we are independent. 0:03:02.680 --> 0:03:06.119 We are a democratically elected body, got really our law 0:03:06.200 --> 0:03:08.160 and cultural authority out the core of who we are 0:03:08.240 --> 0:03:09.080 and the way we govern. 0:03:10.400 --> 0:03:14.960 This meeting today signifies our intention to reclaim our rightful 0:03:15.040 --> 0:03:20.239 position as protectors of country and disrupt the current dominant structures. 0:03:20.400 --> 0:03:21.119 We're a big mob. 0:03:21.200 --> 0:03:23.520 So when we roll who kind of rolled together and 0:03:23.560 --> 0:03:26.160 we're thirty three members now we were thirty two. We've 0:03:26.160 --> 0:03:29.040 got an extra seat on for the Wambawamba people, so 0:03:29.080 --> 0:03:32.399 we're thirty three members. We have four Assembly chambers a year, 0:03:32.560 --> 0:03:34.560 so we're out in the communities. We're heading up to 0:03:35.080 --> 0:03:37.720 Swan Hill for our next chamber and we've worked really 0:03:37.760 --> 0:03:42.160 hard to build consensus and collective support across our communities. 0:03:42.440 --> 0:03:46.880 We will not be rushed. We have survived. We will 0:03:46.880 --> 0:03:52.360 never be assimilated. We need genocide to end, sovereignty acknowledged, 0:03:52.440 --> 0:03:54.640 and treaties to be made and. 0:03:55.040 --> 0:03:58.360 Main objective is to negotiate the statewide treaty. So we've 0:03:58.400 --> 0:03:59.000 got two. 0:03:58.840 --> 0:04:01.720 Pieces of law in this state that binds us to 0:04:01.800 --> 0:04:04.320 treaty making with the state, and there's been a number 0:04:04.360 --> 0:04:05.680 of steps to get to this point. 0:04:06.120 --> 0:04:09.760 History has been made in Victoria with the state's Indigenous 0:04:09.800 --> 0:04:14.040 representative body formally declaring it's ready to begin negotiations with 0:04:14.120 --> 0:04:16.520 the government on a statewide treaty. 0:04:16.920 --> 0:04:20.920 So we will commence treaty negotiations around November. It's an 0:04:20.920 --> 0:04:25.160 exciting time for first people's in Victoria. It's a big 0:04:25.240 --> 0:04:28.480 job and it's a big responsibility and something that we 0:04:28.520 --> 0:04:31.760 take seriously. But we also carry that burden as well. 0:04:31.839 --> 0:04:32.720 And you know, we. 0:04:32.600 --> 0:04:36.119 Feel the gravity of our mob because it is something 0:04:36.120 --> 0:04:37.400 that we have never done before. 0:04:37.680 --> 0:04:40.640 And when we ask for treaty, what do we mean 0:04:40.920 --> 0:04:43.080 by that in practical terms? What are some of the 0:04:43.120 --> 0:04:46.120 practical outcomes we're looking for when it comes to treaty 0:04:46.160 --> 0:04:48.239 with the crown through the state government. 0:04:48.920 --> 0:04:51.080 Yeah, I think firstly, you know, what we're calling for 0:04:51.200 --> 0:04:54.880 through treaty is around the recognition and respect that as 0:04:54.920 --> 0:04:58.240 the first, people's obvious land that we're calling for around 0:04:58.240 --> 0:05:02.600 our sovereignty, our inherent rights responsibilities that have never been seeded. 0:05:03.040 --> 0:05:05.600 So I think that is a fundamental piece to our 0:05:05.640 --> 0:05:08.760 identity and our place in this nation. Secondly, I think 0:05:08.800 --> 0:05:11.760 that a key component of treaties, in particular with the 0:05:11.800 --> 0:05:15.719 local true showners, must address land rights, and restoring and 0:05:15.760 --> 0:05:20.760 protecting their lands will be crucial. This includes returning of lands, 0:05:21.000 --> 0:05:25.080 ensuring we've got access to country sites are protected. So 0:05:25.080 --> 0:05:29.039 I definitely think that it must involve fair management and 0:05:29.040 --> 0:05:33.040 benefit sharing of natural resources, but also to culture and languages. 0:05:33.240 --> 0:05:35.159 That's really the lifeblood. 0:05:34.960 --> 0:05:38.520 Of our identity, so there's got to be investment in that, 0:05:39.120 --> 0:05:42.200 and it should also support I think, educational programs that 0:05:42.279 --> 0:05:45.480 teach our histories, not only just within our own communities 0:05:45.520 --> 0:05:48.599 but across the country. So there's a number of things. 0:05:48.600 --> 0:05:50.919 There's many things that people have and obviously there'll be 0:05:50.960 --> 0:05:53.719 many treaties. There'll be a statewide treaty that will cover 0:05:54.240 --> 0:05:58.440 statewide matters in regards to health, housing, education, justice, and 0:05:58.480 --> 0:06:01.760 there'll be local treaties which will probably delve more into 0:06:02.200 --> 0:06:05.839 land and water rights, self determination and what that really 0:06:05.880 --> 0:06:10.320 means in practice. So we're still considering everybody's input across 0:06:10.320 --> 0:06:13.080 our communities and hearing from our mob about what they 0:06:13.120 --> 0:06:15.719 want to see in treaties. So it's important that they're 0:06:15.800 --> 0:06:19.560 part of every step as we go along towards treaties. 0:06:20.080 --> 0:06:24.479 You started out this process with bipartisan support in Victoria, 0:06:24.520 --> 0:06:26.800 but at the beginning of the year John Pursudo, the 0:06:26.880 --> 0:06:30.279 leader of the Opposition, and his coalition partner Peter Walsh, 0:06:30.400 --> 0:06:33.960 leader of the Nationals, walked away from their support for treaty. 0:06:34.440 --> 0:06:38.000 I can understand why people see the appeal of treaty, 0:06:38.520 --> 0:06:42.960 but unless you can deliver better education, better justice, better 0:06:43.040 --> 0:06:45.920 child protection outcomes for Indigenous people, it doesn't matter what 0:06:46.000 --> 0:06:47.040 document you might sign. 0:06:47.600 --> 0:06:51.120 Despite giving the First People's Assembly assurances as late as 0:06:51.120 --> 0:06:54.640 December of last year, the decision to pull their support 0:06:54.720 --> 0:06:57.839 came on the back of the referendum result an outcome. 0:06:57.880 --> 0:07:00.560 We're sure a swaths of leaders on the every side 0:07:00.560 --> 0:07:03.159 of politics walk away from their support for Truth and 0:07:03.200 --> 0:07:07.159 Treaty across the country, seeking to capitalize on the public mood. 0:07:08.160 --> 0:07:09.960 How did it feel when they made that announcement. 0:07:10.400 --> 0:07:11.600 Yeah, it was disappointing. 0:07:11.960 --> 0:07:14.640 I think at the time like we just had to 0:07:14.720 --> 0:07:18.080 keep moving because there's so much work that's been put 0:07:18.080 --> 0:07:21.400 into it, and we'll always have our door open. We're 0:07:21.400 --> 0:07:24.080 still meet with all sides of politics, and I think, 0:07:24.120 --> 0:07:26.200 you know, at the federal level there's been discussions too 0:07:26.240 --> 0:07:30.120 around what's next, and I think the federal government, after 0:07:30.160 --> 0:07:34.520 spending so much political capital on the Voice a referendum, 0:07:34.600 --> 0:07:38.480 it seems, are not really willing to spend anymore and 0:07:38.520 --> 0:07:41.120 they're obviously, you know, reassessing their approach. 0:07:40.800 --> 0:07:43.680 And their commitment to the Lary's statement from the heart. 0:07:44.280 --> 0:07:46.920 But what gives me confidence is that there are state 0:07:47.000 --> 0:07:50.880 and territory and initiatives that are happening across the country. 0:07:50.960 --> 0:07:54.440 So you've got states like Queensland, they've now got their 0:07:54.480 --> 0:07:58.560 treaty and truth telling process in place. South Australian mob 0:07:58.600 --> 0:08:04.040 got the Voice. So it can be really disheartened by 0:08:04.080 --> 0:08:06.240 some of these politicians. 0:08:05.480 --> 0:08:07.200 But at the end of the day, we're always going 0:08:07.280 --> 0:08:07.720 to be here. 0:08:08.480 --> 0:08:10.920 I'll always fight for what is right, and I'll always 0:08:10.960 --> 0:08:14.760 fight for justice for our people and long overdue recognition 0:08:14.800 --> 0:08:17.200 and respect that we really seek through. 0:08:17.000 --> 0:08:22.320 Treaty coming up. We've all heard of it, but what 0:08:22.480 --> 0:08:23.320 is truth telling? 0:08:36.320 --> 0:08:40.360 Beginning with a smoking ceremony? The eurok Justice Commission launched 0:08:40.400 --> 0:08:44.679 its landmark report calling for an overhaul of Victoria's criminal 0:08:44.840 --> 0:08:48.600 justice and child protection systems, which it found have failed. 0:08:48.640 --> 0:08:51.000 First, Peoples and Gara, I want to talk to you 0:08:51.040 --> 0:08:53.400 about the eurok Justice Commission and its importance as a 0:08:53.440 --> 0:08:57.479 truth telling body in the treaty process. It's historically significant 0:08:57.600 --> 0:09:00.120 and it's based in Victoria. Can you tell us a 0:09:00.160 --> 0:09:03.160 bit about its connection to your own creaty negotiations. 0:09:04.040 --> 0:09:07.080 Yeah, it's so important. Like when we talked about the 0:09:07.120 --> 0:09:10.800 truth telling in the first term of the Assembly, it 0:09:10.840 --> 0:09:14.000 was something that we felt, I'm really passionate about because 0:09:14.000 --> 0:09:17.400 we can't have treaties, you know, without the truth. And 0:09:17.440 --> 0:09:21.040 then out of our conversations and through our chamber came 0:09:21.080 --> 0:09:23.600 the idea of a truth telling commission, which isn't something new, 0:09:23.640 --> 0:09:25.959 it's something that's been called upon for a long time. 0:09:26.000 --> 0:09:28.880 When it has happened obviously in other countries. 0:09:28.720 --> 0:09:32.920 Canada has been awakened the words of a residential school 0:09:33.040 --> 0:09:36.480 survivor today, as the final report of the Truth and 0:09:36.559 --> 0:09:38.760 Reconciliation Commission was submitted. 0:09:38.800 --> 0:09:40.880 It has been twenty eight years since the Truth and 0:09:40.920 --> 0:09:45.479 Reconciliation Commission was formed. Now the objective of the Commission 0:09:45.880 --> 0:09:50.920 was to promote reconciliation and forgiveness among perpetrators and victims 0:09:50.960 --> 0:09:52.680 of a party who suffered groups. 0:09:52.720 --> 0:09:56.640 So activating the europe Justice Commission was really important to 0:09:56.720 --> 0:09:59.079 us to undertake that process. 0:09:59.320 --> 0:10:02.760 Established in twenty twenty one, the Urok Justice Commission is 0:10:02.880 --> 0:10:05.199 Victoria's unique truth telling process. 0:10:05.960 --> 0:10:09.000 It's the nation's first truth telling forum, which, along with 0:10:09.120 --> 0:10:12.080 Voice and Treaty, is one of the pillars of the 0:10:12.160 --> 0:10:13.520 Uluru Statement from the heart. 0:10:14.280 --> 0:10:16.319 Yeah, so it has the powers of a royal commission too. 0:10:16.640 --> 0:10:20.360 Yeah, it has those coersive powers and obviously appointed with 0:10:20.960 --> 0:10:24.319 Aboriginal commissioners where they've been able to have that coercive 0:10:24.360 --> 0:10:27.880 power to you know, get premiers and ministers on the 0:10:27.880 --> 0:10:28.880 witness stand. 0:10:29.200 --> 0:10:32.040 Premier just In to Allen today told the Commission she 0:10:32.160 --> 0:10:36.600 believed there'd been systemic attempts to erase Victoria's Aboriginal history. 0:10:36.840 --> 0:10:39.400 Growing up and living as I have all my life 0:10:39.480 --> 0:10:42.200 in Central Victoria on Jojo Run Country, I did not 0:10:42.440 --> 0:10:43.280 know about. 0:10:43.000 --> 0:10:46.720 The massacres that occurred so close to home. 0:10:46.760 --> 0:10:50.080 And also exposing some of the atrocities in justices of 0:10:50.120 --> 0:10:52.600 our people that we've always known. A Daniel like we 0:10:52.720 --> 0:10:56.280 know our history, but the wider mainstream public they haven't 0:10:56.280 --> 0:11:00.319 always understood who we are and why we need you know, treaty, 0:11:00.320 --> 0:11:01.800 why we need truth telling, and why we need to 0:11:01.840 --> 0:11:07.680 have a voice. So they're in their last kind of hearings. 0:11:08.200 --> 0:11:11.920 They've held inquiries into whether it's kind of you know, 0:11:12.000 --> 0:11:15.760 landing justice, social injustice, they've done the criminal justice system, 0:11:15.920 --> 0:11:18.439 child protection system, and now they're at the kind of 0:11:18.520 --> 0:11:20.679 end of the hearings where they'll go away and write 0:11:20.720 --> 0:11:22.960 the report and the recommendations. 0:11:23.000 --> 0:11:25.720 The commissions calling for changes to a range of legislation, 0:11:25.800 --> 0:11:28.520 including new bail laws that go beyond the state's recent 0:11:28.559 --> 0:11:33.360 proposed reforms, a new independent police oversight body to stop 0:11:33.520 --> 0:11:37.120 the force investigating all but the most minor complaints about 0:11:37.160 --> 0:11:41.240 its own officers, an increase of the minimum age of 0:11:41.280 --> 0:11:45.559 criminal responsibility to fourteen years, and no detention for children 0:11:45.679 --> 0:11:46.400 under sixteen. 0:11:46.840 --> 0:11:50.680 So those recommendations will really, you know, shape some of 0:11:50.720 --> 0:11:54.800 our treaty proposals. So yeah, I think rookstun are really 0:11:54.880 --> 0:11:57.160 deadly job, and it won't. 0:11:56.920 --> 0:11:58.520 Finish just there eve at the report. 0:11:58.640 --> 0:12:01.680 We want to look up to how we can continue 0:12:01.720 --> 0:12:05.720 to tell their truths. Maybe that's something that we'll ask 0:12:06.360 --> 0:12:08.400 in the state wide treaty to how we can do that. 0:12:10.200 --> 0:12:14.760 Gar Do you think that the process of developing a 0:12:14.800 --> 0:12:19.240 negotiating treaty is is culturally affirming and empowering as the 0:12:19.280 --> 0:12:21.319 outcome itself in some ways. 0:12:21.440 --> 0:12:25.040 Yeah, Like we've had to develop guiding principles around the 0:12:25.080 --> 0:12:27.440 cultural elements of it because we didn't want it to 0:12:27.440 --> 0:12:30.440 be this foreign process. We are trying to decolonize and 0:12:30.480 --> 0:12:34.800 deconstruct the way that we take part in formal structures. 0:12:34.880 --> 0:12:40.520 So our treaty negotiation framework itself is a really solid document. 0:12:40.720 --> 0:12:44.479 It's embedded, like I said, with our law cultural authority, 0:12:45.000 --> 0:12:48.520 So there's some really important principles and values that we 0:12:48.559 --> 0:12:50.680 bring to the space, and I think the government have 0:12:50.720 --> 0:12:54.520 had a lot to learn around the way that we 0:12:54.559 --> 0:12:57.600 do our business. But I think that it's exciting times 0:12:57.640 --> 0:12:59.440 for us to be able to bring in those knowledges 0:12:59.480 --> 0:13:12.719 and that respected around our cultural values and principles. So 0:13:12.760 --> 0:13:16.439 it's exciting times, nerve wracking, but exciting times as well for. 0:13:16.480 --> 0:13:20.440 Our bom Gara. Thank you so much for your time. 0:13:21.600 --> 0:13:22.360 Thank you, Daniel. 0:13:40.080 --> 0:13:43.160 Also in the news today, the Country Liberal Party has 0:13:43.200 --> 0:13:46.679 won the Northern Territory election in a landslide victory. It's 0:13:46.720 --> 0:13:49.440 a huge turnaround for the party after an electoral wipeout 0:13:49.440 --> 0:13:54.080 in twenty sixteen left them with just two seats. Incoming 0:13:54.160 --> 0:13:57.560 Chief Minister Lea Finiciio ran on a promise to crack 0:13:57.600 --> 0:14:00.079 down on crime. In their acceptance speech, she sees she 0:14:00.120 --> 0:14:03.920 would be meeting with the Police Commissioner immediately. Miss Finishiera 0:14:04.040 --> 0:14:06.760 also vowed to lower the age of criminal responsibility to 0:14:06.880 --> 0:14:10.440 ten during her first week of parliament, and a new 0:14:10.559 --> 0:14:13.240 report on how to best prevent violence against women and 0:14:13.320 --> 0:14:16.480 children has called for a total band on gambling advertising. 0:14:17.160 --> 0:14:19.640 The Wrapper Review was commissioned by the federal government in 0:14:19.680 --> 0:14:22.720 May after advocates criticized the lack of new funding for 0:14:22.760 --> 0:14:26.720 frontline services in the budget. The review also recommends a 0:14:26.720 --> 0:14:30.200 focus on specialist services for children and young people, and 0:14:30.280 --> 0:14:32.200 more work to be done on the promotion of healthy 0:14:32.200 --> 0:14:36.920 masculinities to counter the growing influence of online misogyny. We'll 0:14:36.920 --> 0:14:40.360 have more detail on seven am tomorrow. I'm Daniel James. 0:14:40.880 --> 0:14:41.640 Thanks for listening.