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Victorian state election: what’s at stake for treaty and Indigenous self-determination?

Victoria has made significant progress in advancing Indigenous rights. However, those achievements sit precariously as the state heads to an election on November 28.

The upcoming Victorian state election on November 28, 2023, holds significant implications for Indigenous rights and self-determination within the state. Victoria has taken considerable strides in advancing Indigenous rights, yet these gains are vulnerable to potential dismantling should the Conservatives gain control of the government post-election.

Under the Statewide Treaty Act 2025, Victoria established a framework for treaty negotiations between Traditional Owners and the state. This includes organizations like the Gellung Warl, which oversees negotiations, and the First Peoples’ Assembly of Victoria, which represents Indigenous Victorians and sits within Gellung Warl. The Treaty Authority also supports these groups in negotiating agreements.

However, if the Conservatives win the election, they have promised to abolish treaty, with the Liberals characterizing it as "divisive" and One Nation conflating the Voice referendum with treaty. Should treaty be abolished, it would lead to the end of Gellung Warl, the First Peoples’ Assembly, and the Treaty Authority. It would also halt treaty-making in Victoria and jeopardize the ongoing truth-telling processes initiated by Yoorrook Justice Commission.

The policy infrastructure in Victoria is robust, with the Aboriginal Heritage Act 2006 granting Traditional Owners means to identify and manage cultural heritage sites. However, recent criticism from the Liberal National coalition suggests concerns about its implications for development. Despite this, less than 1% of proposed developments fall within the scope of this legislation.

If the Conservatives are voted in, public spending cuts, including those to Indigenous programs, are likely. Additionally, the growing global backlash against Indigenous rights in settler colonial nations, exemplified by conservative parties repealing Māori rights laws in New Zealand and challenges to treaty rights in Canada, may influence Australian political trends.

In conclusion, the outcome of the Victorian state election will significantly impact Indigenous rights and self-determination in the state, with the potential for significant policy reversals should the Conservatives gain control.

Written by urgent.news from The Conversation AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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