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Day 2 of the Statewide Treaty Conference leading up to Victoria’s Statewide Treaty

We continue our up-to-date coverage of the events and presentations at the First Peoples' Assembly of Victoria's statewide Treaty gathering in Geelong.
Posted by: Charles Pakana
Published: 6 April 2024
Source: Victorian Aboriginal News

Saturday 6 April at 1445

Interesting process for applications under the Self Determination Fund. It seems they’re definitely trying to break away from the bureaucratic mess that typically surrounds funding applications.

Stressed that there’s lots of information already for download – selfdeterminationfund.org.au

Saturday 6 April @ 1430

We’re back on line, this time with three of the leaders from the Self-Determination Fund (SDF). This is the organisation that works alongside the Treaty Authority and under the Framework to provide financial support to Traditional Owner groups across the state to prepare for and negotiate Treaty.

It’s two key focus points/purposes are:

  • Equal standing with the State in Treaty negotiations
  • Providing a financial resource, independent fromt he State to build capacity, wealth and prosperity

Talking about the various phases for funding. Phase 1:

  • Who: Traditional Owner Groups in Victoria
  • What: To provide immediate support to a To Group. To come together to form aspirations for Treaty.
  • Why: The To Groups decises wehter they wish to prepre for Treaty negotations and proceed to Phase 2
  • How: open funding round and available to all To Groups to apply at any
  • Available up to a total of 200,000 over two milestone payments per eligible TO group for this phase – this doesn’t include legal, etc.

Phase 2 includes further funding, basicaly to help groups get ready to be recognised and entered into the treaty negotiation database, form a delegation and meet the minimum standards as defined in the Treaty Negotation Framework.

Open funding round up to December 2025.

We’ll be providing additional information on the Self-Determination Fund later today in download form.


Saturday 6 April @ 1300

I’ll be back online around 1430 this afternoon, providing updates from a presentation by the Self Determination Fund team and more from the Assembly on Additional Pathways to a Reserved Seat on the Assembly.

AS MENTIONED EARLIER, WE’VE UPLOADED THE TREATY NEGOTIATION FRAMEWORK DOCUMENT TO OUR WEBSITE. CLICK HERE TO VIEW AND DOWNLOAD.

Saturday 6 April @ 1135

While there are multiple sessions happening right now, we’ve decided to focus on the “Guided Tour of the Treaty Negotiation Framework” with co-chair Rueben Berg.

We’ll post a link to the full Treaty Negotiation Framework early this afternoon – CP

Rueben has kicked it off with a discussion on just “What is Treaty?”

Principles to guide the treaty process

  • Fairness and equality: Treaty negotiations must be fair and promote equality.
  • Self-determination and empowerment: Decisions made by mob, for mob.
  • Partnerships and good faith: Parties will act in good faith dealings with each other and resolve disputes quickly.
  • Mutual benefit and sustainability: Treaties will benefit First Peoples and promote reconciliation for all Victorians.
  • Transparency and accountability: Parties must act honestly, with integrity and be committed to self-determination.

Rueben went on to emphasise that Aboriginal lore, law and cultural authority will underpin treaty negotiations and that the Treaty Authority would play a large role in ensuring this happens.

Three key foundations for treaty negotiations:

  • Treaty negotaition framework
  • Treaty Authority
  • Self-Determination Fund

Ground rules for Treaty negotiations:

  • Traditional Owner Treaties
  • Inviting additional parties
  • How treaty negotiations are to be conducted
  • Formalising agreements
  • Resolving disputes
  • Enforcing treaties

He stressed that the Framework is NOT a treaty in any form, essentially the foundation upon which Treaty/ies are to be negotiated.

Saturday 6 April @ 1105

Saturday 6 April @ 1105

Just before heading off for a break, a question from Aunty Jill Gallagher: “If Australia ever becomes a republic, would that impact on the country having a treaty?”

Tim’s response to that was that from a practical point, if a republic were to come about for Australia, the transfer of power from the Crown to the new republic state, and that treaty would be part of that transfer and would be protected.


Saturday 6 April @ 1045

Tim Goodwin still discussing the matter of sovereignty, focusing on how it works in the United States and Canada. Key points with regard to Canda are:

  • No formal recognition of indigenous sovereignty
  • Inherent right of self-government
  • (Others…we’ll get hold of them and post later).

In New Zealand

  • Treaty of Waitangi (“all powers of chieftainship”)
  • Modern settlement process for iwi
  • Settlement outcomes can take the form of self-government

And in Australia

  • Sovereignty is shared between the States and the Commonwealth
  • Tricky leagal language – sovereignty is indivisible but internal sovereignty can be divided and is
  • Sovereignty based on territory and power
Tim Goodwin discussing the concept of sovereignty

Saturday 6 April @ 1030

Yuin (SE Coast of NSW) man and Barrister Tim Goodwin has now taken to the stage to speak to the increasing number of attendees – probably around 150 currently – about what sovereignty has meant for First Nations in Australia.

”As sovereign people, sovereignty is yours to determine,” he said.

“In its widest sense, it really has meant a group of people with authority to make decision for themselves without influence from others.”

In a Western sense, Tim noted that sovereignty is generally accepted as “power for ourselves and power over others.”

In discussing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Tim noted that “sovereignty” is not mentioned, typically due to the fact that this would have experienced push back from a number of UN signatories.


Saturday 6 April @ 0950

We’re kicking off today’s coverage of the Statewide Treaty Gathering at Geelong with a session aimed at respect and cultural protocols.

Right now all the Assembly members present this morning are introducing themselves to the gathering, sharing some of their aspirations for Treaty.

Next up on the agenda, commencing at around 1015, we’ll be hearing from Yuin man Tim Goodwin, a barrister specialising in constitutional and human rights law, about how Treaty can confirm and strengthen First Nations sovereignty.

2 Comments

  1. Madeline Hawke

    I’m looking forward to learning more. Many thanks.

    • Charles Pakana

      Thanks, Madeline. There’s so much to discover and learn. No doubt that the Assembly has done incredible and highly complex work over the past four years. We’ll be covering Treaty in greater detail here on our website and on another yet-to-be announced (stay tuned) platform throughout 2024.

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