People from both extremes will argue if you dont know, vote no when it comes to a federal Voice referendum, regarded by our new federal government as their first step towards a treaty. In the same way minority monarchists managed to split majority support for a republic during John Howards tenure and kicked the republic can down the road for a generation so the disparate opponents of the Voice will exploit ignorance, suspicion and fear to try to stymie it.
In Victoria, where no referendum is needed and moves to a treaty now have bi-partisan support, Premier Daniel Andrews is about to legislate the legal framework for the first Treaty Authority. It is a vital piece in a complex process with multiple moving parts. We need to learn who, why and what the process is about.
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The initial step was the creation of the First Peoples Assembly. This is who. It is the elected Aboriginal leadership, chosen by mob the now preferred description of Indigenous communities. Although a disappointing proportion of Victorian mob voted, the assembly is better connecting with a larger constituency now that it is up and running.
Second, was the creation by the state government of the Yoorrook Justice Commission. This is the why. It is a hybrid Indigenous version of a royal or judicial commission, already progressing with the harrowing task of hearing about discrimination and trauma. In an oral tradition, it relies on storytelling.
Thirdly, will be the Treaty Authority. This is the what. It will be an independent umpire for resolving disputes about the contents and identity of parties who enter into treaties.
Fourthly, there will be a Self-Determination Fund the bank. It will be a trustee, receiving and distributing money. The full extent of its income and expenditure will depend on what is in the treaties.
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Treaty processes in Canada and New Zealand are particularly instructive. Both are decades ahead of us, but they are ongoing and dynamic, not quick, nor neat. One size does not fit all.
Not for one moment have treaties solved all the social and economic problems of First Peoples in any country. But it is unarguable that they provide the architecture for cultural and economic improvement.
Opponents of all moves towards a treaty say if we do not know what will be in it, we cannot possibly support it. This is absurd and puts the cart before the horse. The notion that either the state or a federal treaty can be delivered on a platter, ready to be signed, before it is negotiated betrays a patronising condescension that we will offer them a treaty on our terms to be taken or rejected. That is tokenism, not negotiation.
There is a profound obligation for us all to seize the opportunity to at last tell the truth and close the gaps, plural.
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