Treaty, an Exercise in the Surreal
A 21st-century parliament creates an 18th-century treaty using 19th-century racial categories with people whose forebears did not form nations, own land, or exercise sovereigntyVictoria’s so-called “Treaty Process” is not a treaty in any historical, legal, or anthropological sense.
It is a political capitulation to organisations whose members, whatever their claimed descent, do not represent the tiny kin-bands that existed in 1835 when Melbourne was founded, nor the clans of 1788 in New South Wales. The same pattern now unfolds in NSW with its path to treaty. Queensland came within months of signing a treaty before its new government shut the process down, and other states signal they may follow Victoria down the same dark path.
The people now claiming treaty have long been absorbed into British and Australian society. They are neither racially nor culturally continuous with the pre-contact groups of 1788 or 1835, and they inherited no political authority from any Aboriginal society capable of treaty-making. Their modern organisations bear no resemblance to the micro-bands that existed at settlement—groups that possessed no sovereignty, no chiefs, no territorial jurisdiction, and no capacity to bind anyone to a treaty.If a treaty were possible in Australia, it could only have been made at the moment of first settlement, in 1788 at Sydney Cove or in 1835 on the banks of the Yarra. A treaty cannot be made two centuries later to infer rights that no longer exist, or to resurrect political structures that vanished long before Australia became a nation. Whatever rights indigenous groups now claim, land, citizenship, legal protection, property, wages, infrastructure, hospitals, schools were created by British law, funded by British institutions, and guaranteed by British sovereignty. Modern treaty processes attempt to graft contemporary identity politics onto a period where no treaty-capable polities existed, and then demand retrospective benefits built entirely on British exceptionalism. A treaty cannot be written now for peoples who did not possess sovereignty then, nor can it confer rewards in 2025 for rights that did not exist in 1788 or 1835. Any modern “treaty” is therefore not a historical correction but a political invention.
The modern language of “First Nations,” “sovereign peoples,” and “nation-to-nation agreements” is not truth-telling; it is propaganda invented by activists and embraced uncritically by the political class. It bears no resemblance to the micro-societies that inhabited pre-contact Australia, groups that owned no alienable land, whose territories were surrendered/ceded by the very act of settlement, and who had no political system capable of treaty-making at all.
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https://quadrant.org.au/news-opinions/aborigines/treaty-as-exercise-in-the-surre...