UN Human Rights Chief Volker Türk praised Australia’s first formal treaty with Indigenous Peoples on Monday, calling it a “historic step toward self-determination for the country’s First Peoples.”
While still pending assent, the treaty enables constitutional recognition of Aboriginal and Torres Strait Islander Peoples, a goal called for by Indigenous leaders in the 2017 Uluru Statement from the Heart.
Passed by legislators in the state of Victoria, the treaty establishes a democratically-elected and permanent First Peoples Assembly–the Gellung Warl–which will include both a truth-telling body and an accountability body.
Creation of these bodies has been a longstanding goal, articulated in the Uluru Statement, which called for “a Makarrata Commission to supervise a process of agreement-making between governments and First Nations and truth-telling about our history.”
Indigenous Peoples have expressed optimism about the future, calling this a “treaty for generations.”
This was not the first attempt to give Indigenous Peoples a political voice. Australia has attempted to acknowledge Indigenous Peoples since the Closing the Gap Agreement in 2020.
The agreement was aimed at resolving the disparity that Aboriginal and Torres Strait Islander people have faced through the years, including political exclusion, intergenerational trauma, and ongoing institutional racism.
However, in 2023, a referendum seeking to strengthen the presence of both Aboriginal and Torres Strait Islander Peoples within the country’s government failed due to a lack of voter support.
Polling results revealed that 60 percent of Australians rejected the proposal to recognize Indigenous Peoples in the Constitution by establishing a dedicated voice within Parliament.
After the referendum failed, Opposition Leader Peter Dutton said Australians “want to see Indigenous disadvantage addressed. We just disagree on the Voice being the solution.”
Although the treaty only applies to Indigenous Peoples in Victoria, Chief Türk said he hopes it will inspire other states to move in this direction:
“The state of Victoria is leading an initiative with the potential to be truly transformative, ensuring the First Peoples have a direct voice in advising and shaping laws, policies, and practices that affect their lives, in line with Australia’s international human rights obligations…
“I hope this inspires other leaders in Australia and beyond to adopt similar measures to recognize Indigenous Peoples through inclusive governance and innovative mechanisms for participation and reconciliation–all of which ultimately promote a society built on mutual respect and human rights for all.”
(Jurist)
