Kurnai elders slam Allan government over Treaty’s representative body name

Kurnai elders have accused the Allan government of a cultural breach after it used their local language to name the state’s proposed Indigenous representative body without their consent.

Gippsland Indigenous elders have slammed the Allan Government for using their local language to name the state’s proposed representative body without approval from traditional elders, as a divide between city and regional groups on Treaty reared its head.

Members of the Kurnai people in the state’s east say the Labor government has breached cultural protocol by naming the proposed body — similar to the federal government’s failed Voice to Parliament — Gellung Warl.

The “historic” Treaty agreement was unveiled by the Allan government in September where it was revealed the First Peoples’ Assembly of Victoria would be expanded, made up of 33 representatives elected by Indigenous Victorians, be given more than $70 million a year by taxpayers and renamed using the Kurnai language.

Members of the Kurnai people in the state’s east say the Labor government has breached cultural protocol. Picture: David Crosling

But local Kurnai Elder Aunty Cheryl Drayton, a Constitutional law expert, said the traditional owners were never consulted on the use of their language and opposed the new body being set up — an embarrassing blow for the Allan Labor Government as it moves to pass its landmark Treaty legislation.

“Under our customary law, people just can’t come on to country, or do things relating to country without, at least, speaking to the elders and getting consent,” she said.

“There was no consent given, but they are doing it anyway, and they are just being very disrespectful.”

She added that there was a clear divide between city Indigenous groups driving Treaty and regional traditional owners.

She said the Kurnai elders do not support Treaty and were strongly opposed to it being used.

She also hit out at the Aboriginal corporations — legal groups created to offer services, build infrastructure, secure land, or support cultural activities for their communities — saying many did not have connections to the local people.

Fellow Kurnai Elder Pauline Mullet has penned a letter to the Premier and government members expressing her “deep concern” about the cultural breach.

“To use our language to name a political body that the Kurnai people do not support is not only inappropriate, it is also harmful,” she wrote.

“It misrepresents our stance and risks turning our sacred words into symbols of a process we have not endorsed.”

She called for the name to be changed.

The state government was approached for comment but said it was a matter for the Assembly that chose the name.

A spokesperson for the Assembly said: “The First Peoples’ Assembly of Victoria consulted with the Victorian Aboriginal Corporation for Languages (VACL), Traditional Owner Groups, Members, Elders, and knowledge holders for specific advice on the use of language names in the Statewide Treaty. For the use of the name Gellung Warl, formal permissions were sought and obtained from the Gunai Kurnai Land and Waters Aboriginal Corporation (GLaWAC).”

Liberal member Wayne Farnham said the name issued had to be fixed before the Treaty legislation could proceed. Picture: Supplied

It comes as the Treaty legislation is set to be debated in the Victorian parliament in the coming weeks.

Local Liberal member for Narracan Wayne Farnham said the issue needed to be fixed before the legislation could proceed.

“How in the hell can the Premier talk about Treaty when she didn’t seek permission from the Kurnai elders to use their language?” he said.

“What happened to truth telling and consultation? Let me guess, that is only relevant when there’s a camera in front of you and you’re pretending to care.”

The legislation will also pave the way for some other significant changes including Victorian schools rolling out an Indigenous history curriculum, changes to allow the renaming of some geographical features across the state, and the public sector will undergo retraining to become “culturally capable”.

Shadow Minister for Aboriginal Affairs Melina Bath said she was open to a respectful debate on the Treaty legislation in parliament but that the name was contentious and should clearly be changed.

“The elders should be paid respect and it is disappointing that the government didn’t show enough respect to communicate and didn’t ask the elders’ permission to use a Kurnai word.”

“A Victorian Government spokesperson said Treaty was the right step forward.

Families are better off when they have responsibility over their lives and Aboriginal families are no different.

“Treaty makes sense because it gives Aboriginal people a say in how their services are run — it doesn’t take anything away from anyone, it’s about improving services and lives.

“The Liberals want to cut Treaty because they want to cut services.”