Australian-first Treaty negotiations with Aboriginal Victorians are now 'live'. Jidah Clark says it's been decades in the making

australian-first treaty negotiations with aboriginal victorians are now 'live'. jidah clark says it's been decades in the making

Jidah Clark is one of five Aboriginal members appointed to the Treaty Authority. (ABC News: Nate Woodall)

For the first time in the nation's history, Aboriginal nations can start to formally request to enter a treaty with an Australian government.

Victoria's Treaty Authority, an Australian-first body facilitating treaty talks across the state — has launched its database — the first official step towards treaty talks.

The database will hold information detailing which land and waters a proposed treaty could cover, and the status of negotiations.

Its launch means treaty is now "live", according to the chair of the authority, Jidah Clark, a Djab Wurrung man.

"We have to acknowledge that this is really a historic moment for Victoria, but also for the nation."

While the first official steps have taken several years of planning to unfold, Mr Clark said the path to a treaty or treaties had been "decades" in the making.

"Treaty is something our mob have been advocating for generations. It's really about addressing the fundamental relationship between First Peoples and the state.

"It's about looking at the past, rectifying injustice, but really building a better future. Not only for First Peoples communities [in Victoria], but ultimately all First Peoples in the nation."

Ensuring an equal playing field

Victoria's First Peoples' Assembly — which represents traditional owners across the state — is in the final stages of preparing its position ahead of negotiations for a statewide treaty with the government.

High-level negotiations are expected to begin later this year.

But the Treaty Authority must first ensure both parties are prepared for the official talks to begin, and Mr Clark said it was crucial there was an independent body to oversee the negotiations, to ensure an "equal playing field".

"This body is an independent facilitator, making sure the process is transparent and that they're playing by the rules," Mr Clark said.

"It's about supporting parties to come to the table and making sure that they're doing that in a just manner … and that there's an equal playing field between negotiation parties."

Drawing on international treaty-making models

Despite promises from political leaders over the past 30 years, there has never been a treaty signed between Aboriginal and Torres Strait Islander people with any state, territory or the Commonwealth.

To date, Victoria remains the state most advanced on treaty processes.

According to the authority, the database will work to "build strong relationships based on self-determination" by supporting First Peoples and the State of Victoria to act in accordance with the guiding principles of transparency and accountability as they work towards treaty.

"We're not only abiding by the Western legal system, but we're bringing into the fold Aboriginal culture and Aboriginal Lore so that two systems and worldview can speak and come to an agreement," Mr Clark said.

"This is really around peace-building."

While the model is the first of its kind in Australia, Mr Clark said the Treaty Authority had been looking to international examples of treaty-making to ensure it was implementing a fair process.

"We're looking to learn from, investigate and research other jurisdictions like Canada and New Zealand to look at their modern treaty-making processes," Mr Clark said.

"We really want to make sure we're building upon that and making the most just and fair process happen in Australia."

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