Indigenous History during and after Colonisation
The Path to Treaty: Sovereignty, Law, and the Future of Shared Country in Victoria (2025 and Beyond)
MLA Educational Series — Truth, Law, and Renewal in the Land of the First Peoples
The movement toward Treaty in Victoria represents one of the most significant transformations in Australian social and political history since Federation. It acknowledges that sovereignty was never ceded and that genuine reconciliation requires truth, justice, and the return of power to the First Peoples of this land. This article explores the development of the Treaty process in Victoria — from the 2016 commitment to Treaty negotiations through to the establishment of the First Peoples’ Assembly and the Yoorrook Justice Commission. It situates these reforms within the global context of Indigenous self-determination, highlighting how Treaty, language revival, and cultural renewal are reshaping the future of the state and the nation.
For the Wadawurrung, Woi Wurrung, Gunditjmara, Taungurung, and all Victorian nations, the Treaty represents more than a political agreement — it is the continuation of an unbroken spiritual and cultural relationship to Country.
Sovereignty Never Ceded: The Legal and Cultural Foundation
The concept of Treaty begins with a truth: Indigenous sovereignty has never been ceded. Before colonisation, Victoria’s First Peoples governed their lands under systems of law, diplomacy, and kinship that maintained peace and balance for thousands of years.
The arrival of British settlers from 1835 onward introduced the concept of terra nullius, the false doctrine that the land belonged to no one. Yet, through every stage of colonisation — from Batman’s invalid “treaty” in 1835 to the frontier wars and dispossession — Indigenous nations maintained their own sovereignty in law, ceremony, and story (Clark 1998; Broome 2005).
Modern Treaty processes in Victoria recognise this continuity. As the First Peoples’ Assembly of Victoria (2019) states:
“Sovereignty was never ceded — it lives in our connection to Country, our law, and our people.”
(First Peoples’ Assembly, 2021 Statement of Purpose)
From Truth-Telling to Treaty: The Victorian Framework
Victoria’s journey toward Treaty began formally in 2016, when the state government entered discussions with Traditional Owners and community leaders to explore a pathway to formal negotiation. The result was the creation of two historic institutions:
The First Peoples’ Assembly of Victoria (FPAV) — elected in 2019 to represent Traditional Owners and guide the Treaty process.
The Yoorrook Justice Commission (YJC) — established in 2021 as Australia’s first formal truth-telling process, designed to document historical and ongoing injustices.
Together, these bodies represent two pillars of the Treaty framework:
Truth: confronting the legacy of dispossession, massacres, child removals, and systemic discrimination.
Agreement: establishing fair negotiations between the State of Victoria and its First Peoples for sovereignty, resources, and governance.
These initiatives are grounded in international law, particularly Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (2007), which affirms:
“Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and pursue their economic, social and cultural development.”
The Role of the Yoorrook Justice Commission
The Yoorrook Justice Commission, launched in May 2021, is a Royal Commission-level body tasked with uncovering truths about colonisation, racism, and the continuing impacts of state policy in Victoria. The name “Yoorrook” means “truth” in the Wemba Wemba/Woi Wurrung language. The Commission investigates the history of land theft, the protection system, the Stolen Generations, and systemic inequality in health, justice, and education. Public hearings have recorded testimony from Elders, community members, and government representatives, ensuring that Indigenous voices are centred in the historical record (Yoorrook Interim Report 2022).
Its findings will directly inform Treaty negotiations, ensuring that future agreements are built on a foundation of honesty and accountability.
“Before we can make peace, we must tell the truth.”
— Chairperson Professor Eleanor Bourke (Yoorrook, 2022)
The First Peoples’ Assembly of Victoria: Voice, Law, and Representation
The First Peoples’ Assembly of Victoria (FPAV), composed of Traditional Owner representatives from across the state, is the first democratically elected Indigenous body in Victoria’s history.
Its responsibilities include:
Developing a Treaty Negotiation Framework — outlining how the state and Indigenous nations will engage in agreements.
Establishing a Self-Determination Fund to support communities during negotiations.
Advocating for truth-telling, cultural protection, and economic development.
In 2023, the Assembly signed the Treaty Authority Agreement, an independent body to oversee negotiations free from political interference — a model inspired by Māori–Crown agreements in Aotearoa (New Zealand).
This marks a transition from consultation to partnership — a shift from symbolic recognition to shared governance (Victorian Government 2023).
Regional Treaties and Traditional Owner Agreements
Victoria’s Treaty process differs from a single, statewide agreement. Instead, it will enable nation-based Treaties between the state and the recognised Traditional Owner groups — including the Wadawurrung, Taungurung, Gunditjmara, Boonwurrung, and Woi Wurrung peoples.
Each nation holds its own cultural and legal authority. The role of the Treaty Authority is to ensure these agreements reflect that diversity, covering areas such as:
Land and water management
Language and education
Economic partnerships
Cultural governance and law
This model recognises that sovereignty exists in plural forms across Country — not as a single entity, but as interconnected systems of belonging (Clark 1990; Broome 2005).
Treaty in Global Context
Victoria’s Treaty process aligns with global movements toward Indigenous rights and decolonisation.
In Aotearoa New Zealand, the Treaty of Waitangi (1840) has provided a framework for redress and cultural revitalisation, despite ongoing challenges.
In Canada, modern Treaties and land settlements continue to reshape relationships between the Crown and First Nations.
In Scandinavia, Sámi parliaments represent Indigenous peoples’ interests in governance, culture, and resource management.
Victoria’s model is distinctive in its emphasis on truth-telling and shared authority — a reflection of both local traditions and international best practice (United Nations 2007).
Language, Art, and Cultural Renaissance
Treaty is not only about politics — it is about the renewal of identity.
Across Victoria, cultural revival has flourished alongside the Treaty movement:
Language Revival: Projects led by Elders such as Vicki Couzens (Gunditjmara/Keerray Woorroong) and Aunty Fay Stewart-Muir (Boonwurrung/Woi Wurrung) have reawakened sleeping languages, with Woi Wurrung, Wadawurrung, and Dhauwurd Wurrung now taught in schools and universities.
Art and Storytelling: Artists such as Dr Deanne Gilson (Wadawurrung), Roneeka Gorrie (Gunai/Kurnai), and Richard Frankland (Gunditjmara) express the Treaty’s spirit through visual art, music, and film — blending tradition with contemporary forms.
Education and Youth: Programs like the Koorie Education Strategy (2020) and Aboriginal Leadership Academy empower young people to become custodians of truth and change.
Through language, song, and ceremony, communities are reclaiming the cultural foundations upon which legal treaties will stand.
Challenges and the Work Ahead
While Victoria’s Treaty process is internationally celebrated, challenges remain:
Complex Negotiations: Balancing state law with diverse Indigenous governance systems requires time, resources, and trust.
Public Understanding: Misconceptions about the Treaty’s meaning persist — education is vital to ensure shared awareness.
Intergenerational Trauma: Treaty must address the ongoing effects of colonisation in health, incarceration, and economic inequality.
The success of Treaty will depend on deep listening — djirra-djirra in Wadawurrung — the act of hearing not just with the ears but with the spirit.
The Meaning of Treaty: Law, Land, and Belonging
For Indigenous peoples, a Treaty is not an endpoint but a return — a rebalancing of relationships between people and Country.
It is not a gift from the government, but a recognition of existing law: the lore of the Country, which has guided life in Victoria for over 60,000 years.
As Elder Uncle Andrew Gardiner said at the First Peoples’ Assembly (2022):
“Treaty is not just about the past — it’s about our grandchildren walking this Country free, proud, and respected.”
In this way, Treaty represents both justice and renewal — a shared commitment to a more honest and connected future.
Conclusion
The Path to Treaty in Victoria marks a new chapter in a long story that began before colonisation. It follows generations of struggle — from the Wadawurrung’s defence of Country, to the Coranderrk petitions, to the Aboriginal Lands Act 1970, and the voices of the Stolen Generations. Through truth-telling, law, and cultural revival, Victoria is building the first genuine partnership between Indigenous nations and the state. Treaty is the expression of sovereignty through dialogue, not domination — a shared promise to walk together on the same ground, under the same sky, with respect for the oldest laws in the world. The future of Victoria will be written not in erasure, but in truth.
References
Barwick, D. (1998). Rebellion at Coranderrk. Canberra: Aboriginal History Inc.
Broome, R. (2005). Aboriginal Victorians: A History Since 1800. Sydney: Allen & Unwin.
Clark, I. D. (1990). Aboriginal Languages and Clans: An Historical Atlas of Western and Central Victoria, 1800–1900. Clayton: Monash Publications in Geography.
Clark, I. D. (1998). The Journals of George Augustus Robinson, Chief Protector, Port Phillip Aboriginal Protectorate. Melbourne: Heritage Matters.
First Peoples’ Assembly of Victoria (2021). Statement of Purpose. Melbourne: FPAV.
United Nations (2007). United Nations Declaration on the Rights of Indigenous Peoples. New York: UN General Assembly.
Victorian Government (2021). Establishment of the Yoorrook Justice Commission. Melbourne: Department of Premier and Cabinet.
Victorian Government (2023). Treaty Authority Agreement Overview. Melbourne: First Peoples–State Relations.
Yoorrook Justice Commission (2022). Interim Report. Melbourne: Yoorrook Secretariat.
Written, Researched and Directed by James Vegter (22 October 2025)
MLA
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Magic Lands Alliance acknowledges the Traditional Owners, Custodians, and First Nations communities across Australia and internationally. We honour their enduring connection to the sky, land, waters, language, and culture. We pay respect to Elders past, present, and emerging, and to all First Peoples’ communities and language groups. This article draws only on publicly available information; many cultural practices remain the intellectual property of their respective communities.