ABSTRACT

No treaties between Aboriginal and Torres Strait Islander peoples and the Australian state have ever been recognised. In recent months, however, several states and territories have committed to entering treaty negotiations with the First Nations whose lands they claim. Negotiations are in their preliminary stages and it remains to be seen what eventuates, but these developments are promising. Nonetheless, many challenges exist. In this paper, I explore the initial developments in Victoria, and assess whether and how the United Nations Declaration on the Rights of Indigenous People has influenced the debate thus far. This analysis reveals lessons for all Indigenous peoples seeking to enter treaty negotiations with states across the globe.