On October 30, the Australian state of Victoria passed landmark legislation to establish the nation’s first treaty with First Nations people. The Statewide Treaty Bill creates a democratically elected body to represent First Nations communities in Victoria and advise the state government on laws and policies affecting their rights and interests.
This treaty marks a historic departure for Australia, which has never before entered into treaties with Indigenous peoples. From the first British colonization in 1788, the doctrine of terra nullius—“land belonging to no one”—was used to deny First Nations ownership and justify dispossession and colonization. The treaty formally rejects this doctrine, recognizing that First Nations people have lived in balance with the land for over 60,000 years.
The new representative body, called Gellung Warl, is designed to uphold the right to self-determination and play a central role in Victoria’s democratic life. The legislation also establishes truth-telling and accountability bodies to ensure the government fulfills its commitments to reduce Indigenous disparities.
The treaty comes after Victoria’s Yoorrook Justice Inquiry in 2025, Australia’s first formal Indigenous-led truth-telling inquiry, which concluded that the decimation of First Peoples in Victoria amounted to genocide. First Nations Australians continue to face systemic discrimination, including significant overrepresentation in prisons and child protection interventions.
Under international law, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, all peoples have the right to self-determination. Australia has also endorsed the 2009 UN Declaration on the Rights of Indigenous Peoples, which sets minimum standards for their rights and well-being. UN experts emphasize that transitional justice measures are essential to address historical human rights violations, offering recognition, reparation, and reconciliation.
While Victoria’s treaty is a historic step toward self-determination, experts stress that national-level reforms are urgently needed. The federal government is called upon to respond to First Peoples’ claims and implement institutional reforms that address the ongoing impacts of colonization and systemic discrimination across Australia.
