State opposition dumped treaty support two months ago, blindsiding Indigenous leaders

Senior state Coalition MPs agreed two months ago to walk back their support for Victoria’s treaty process but kept it quiet, blindsiding the state’s democratically elected body of traditional owners just days out from Australia Day.

Opposition Leader John Pesutto on Monday refused to confirm exactly when the shadow cabinet withdrew its support for a treaty, and would only reveal that senior MPs had discussed the issue for some time.

Premier Jacinta Allan has accused Opposition Leader John Pesutto of hiding the Liberals’ decision on treaty.

“I respect the views of others who think that treaty is the best way to go. But I just want to be upfront with the Victorian people that I don’t believe that’s the right way to go,” Pesutto said.

“I think we need to work so much harder on addressing the real issues around educational health outcomes, mental health outcomes, out-of-home care.”

The state’s Indigenous leaders accused the Coalition of playing politics with human rights, as Premier Jacinta Allan branded the opposition’s changed position a “giant U-turn”.

The about-face gained momentum over winter last year, after opposition MPs raised concerns about cost overruns and delays associated with cultural heritage practices, according to two Coalition sources with knowledge of the discussions who spoke on the condition of anonymity to discuss internal matters.

The sweeping scope of the Yoorrook Justice Commission’s recommendations in September, as well as the failure of the Voice to parliament referendum in October, also played a role.

The sources said shadow cabinet had settled on its opposition to a treaty by November.

The Coalition first backed legislation in 2022 to set up a treaty authority that would oversee the negotiations between the state government and Victoria’s Aboriginal representatives.

First Peoples’ Assembly member and multi-clan elder Uncle Gary Murray said Aboriginal and Torres Strait Islander Victorians had to “remain positive and stick to the path”. He described the Coalition’s reasons for withdrawing its support as dog-whistling and “exactly why we need a treaty”.

Uncle Gary Murray speaks during a healing ceremony at Birrarung Marr in October 2022.Credit: Aaron Francis

“We see the game they’re playing. They played it in Western Australia around cultural heritage protections in the lead up to the Voice referendum. And now here in Victoria, without any creativity or brains or any real thinking, the state Coalition is just running the same lines as what we’ve seen elsewhere,” he said.

“The No campaigners, both black and white, should be condemned because they’ve created a situation in which it is open season on black issues, our people, and our Country.

“Now the state Coalition is applying the same tactics to the treaty process. It’s about them playing politics, but they’re undermining our human and cultural heritage rights in the process.”

Nationals leader Peter Walsh, also the Coalition’s Indigenous affairs spokesman, said on Monday he was OK if his stance cost Victoria a treaty with First Peoples.

Opposition Leader John Pesutto and Nationals leader Peter Walsh (left).Credit: AAP

“What is treaty? That’s the great unknown that people don’t know, and how can you have a treaty with yourself because we are all Australians?” Walsh told ABC radio.

Last year, Walsh told the Victorian parliament the Nationals and their Coalition partner would formally support a treaty process, but would seek a parliamentary review of the state’s Cultural Heritage Act.

Assembly co-chair Rueben Berg said while Walsh had previously raised concerns regarding cultural heritage management plans, the representative body first heard about the Coalition dropping its support through the media.

“I think anyone [who] has had involvement in the cultural heritage space here in Victoria will know that it’s not a perfect system,” Berg said. “The reality is treaty provides an opportunity to address some of those things.”

Berg said the assembly would now have to reconsider its treaty strategy, but reassured the Aboriginal community a pathway remained. He was confident it could progress to negotiations later this year as originally planned.

Allan accused the Coalition’s leadership of keeping the policy shift a secret for months.

“We’re only hearing about it now in the last week of January,” the premier said.

“Talk to the Victorian community about why you have made this decision [at the time], not cloak it in this secrecy.”

In turn, Pesutto accused the Labor government of going down a path of “two systems of law, one for Indigenous Victorians and one for non-Indigenous Victorians”.

While the Yoorrook Justice Commission last year called for a standalone child protection system for Aboriginal Victorians, the government has not committed to that recommendation. Pesutto said now was the time for Allan to rule out such a reform.

Two Coalition MPs, speaking to The Age on the condition of anonymity, welcomed the new stance.

“This government has acted in secrecy the whole time,” one said of the groundwork for treaty.

However, a third MP was disappointed their side of politics would now not have a seat at the negotiating table to address issues such as cultural heritage delays.

A Labor minister, also speaking on the condition of anonymity, said the Coalition’s position did not change anything other than the government needing to be aware of amplified criticism.

“It’s always been a case of proceeding, but with caution,” the Labor source said.

Assembly member Nerita Waight, a Yorta Yorta and Narrandjeri woman, said Victoria needed everyone putting in effort to make treaty work.

“We need to be able to discuss every option and idea without politicians running off with their bat and ball,” Waight said of the Coalition’s stance.

“I don’t believe this comes from a genuine position. Otherwise, they would have engaged with Aboriginal communities around their processes of decision-making. Instead, this was all done internally and shows that they’re not capable of good leadership, which requires going out and consulting … people and engaging with them in true discussions.”

Greens leader Samantha Ratnam described the Coalition policy shift as “gutless”.

“It is now incumbent upon the Victorian government to work with us and other progressive parties to deliver a robust, fair and inclusive treaty process here,” she said.

Victoria’s treaty process is in its early stages and negotiations are expected to cover a range of topics including political representation, land rights and policy changes in areas such as how Aboriginal Victorians interact with the justice and child protection system.

With Annika Smethurst

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