As the sun set behind Tasmania’s Parliament House in Hobart, the temperature began to drop rapidly.

But that didn’t bother Emerenna Burgess, who grew up on the Aboriginal community-owned truwana/Cape Barren Island.

“It’s going to be cold, I’m used to that. I’m a birder, I come from the islands,” she said.

“I’m used to camping out in the cold and fending for ourselves.”

Ms Burgess is among dozens of Tasmanian Aboriginal people and supporters who pitched tents on the parliament lawns on Tuesday, and vowed not to move until Premier Jeremy Rockliff agreed to legislate a treaty.

Legislation to set a framework for treaty and truth-telling was recommended in a 2021 report to the Tasmanian government by former governor Kate Warner and law professor Tim McCormack.

Ms Burgess said the camp was an attempt to hold the government to its word.

“This is a stance that we can make to prove to these guys that we’re serious, and we’re not going to let it die,” she said.

“We will continue to ask that they uphold their end of the deal, like we did ours.”

Holding up ‘their end of the deal’

The push for treaty between Tasmania’s Aboriginal people and the colonial government extends back two centuries.

In 1831, colonial official George Augustus Robinson was tasked with relaying the government’s message to Aboriginal colonial chiefs.

This included a promise of protection and freedom if they agreed to temporarily go to Wybalenna, on Flinders Island, to later return to their lands.

But once on the island, the return never occurred, and Tasmania’s Aboriginal community suffered extensive disease and death before those who survived were later moved to Oyster Cove.

They petitioned Queen Victoria in 1846 about the broken promise, and wrote a reminder of the broken treaty in 1883.

“We have kept our part, you haven’t kept your part,” Aboriginal activist and lawyer Michael Mansell said on Tuesday.

“On the basis of that broken promise, we think the current government has said, ‘Well, we need to honour that broken promise’.

“And in 2021, they announced a treaty would be made with Aboriginal people.”

Government criticised for ‘slow’ pace

But the government’s treaty process hasn’t resolved any divisions with broad segments of the Aboriginal community.

The government decided to establish a six-person Aboriginal advisory group to push towards the recommendations from the 2021 report, including treaty and truth-telling.

The Tasmanian Aboriginal Centre (TAC) withdrew from the process, arguing the group was not representative and the government retained too much influence, making the government’s task significantly more difficult due to the TAC’s broad political influence.

The advisory group continues to meet periodically with Aboriginal Affairs Minister Roger Jaensch, assessing how treaty and truth-telling have developed in other states and territories.

Mr Mansell said he blamed Mr Rockliff — not the advisory group — for the slow pace of treaty, while TAC spokesperson Nala Mansell said they would stay on the lawns for as long as it takes.

In mid-2022, as a result of concerns at the government’s direction, the tuylupa tunapri palawa community delegation was formed and a proposal was developed for the government for a treaty commission.

Palawa man Rodney Gibbins, who helped to develop the draft bill, said the group was still waiting for a response.

Aboriginal Affairs Minister Roger Jaensch said the premier sent a letter to the group after receiving the draft bill, and tuylupa tunapri was invited to discuss it with the advisory group, but this has not occurred.

Government says it remains committed to current treaty process

Nobody from the government spoke to the camp on parliament lawns after it was established on Tuesday afternoon.

A spokesperson said the government remained committed to the current treaty process, which is being “led by Aboriginal people”.

“We will consider the Aboriginal advisory group’s advice as it is received,” they said.

“The premier and Aboriginal affairs minister have previously met with members of the TAC-nominated group, who were present on the parliament lawns today, and have encouraged them to participate in the advisory group process.

“The Aboriginal Advisory Group has also invited the TAC members to attend advisory group meetings, but to date they have declined to do so.”

On parliament lawns, food and supplies were laid out on tables as the chill started to set in.

Legana Hughes and Carleeta Thomas were among those preparing for the evening, saying it had already been a long struggle.

“I’m standing in solidarity with my people, fighting for treaty, just being here for my mob,” Mr Hughes said.

“It’s upsetting and frustrating, and I think we all share that feeling.”