Josie attacks proposed amendments to Aboriginal Heritage Act

This tree was marked out on a recent heritage survey on Karajarri country. See how there's been a coolamon cut out? Heritage surveys are crucial to ensure significant trees and places aren't destroyed when there's developments on country. 

Extract from Josie Farrer's speech in State Parliament on Thursday 23rd October.

As an Aboriginal person I am extremely concerned that the proposed changes will mean less involvement by Aboriginal people on crucial decisions relating to heritage. 

The people of the Kimberley are angered by the proposed changes. This government's intention is to threaten over 60 000 years of Aboriginal heritage. The significance of Aboriginal heritage is being ignored by this government's bureaucracy. It is outrageous that a single person, a chief executive officer in the Department of Aboriginal Affairs, will be given total power by this government to make judgement on such significant and cultural issues as heritage and sacred sites.

At the stroke of a pen, this CEO will decide whether or not there is an Aboriginal heritage site on a piece of land. Shockingly, there is no requirement for this CEO to be an Aboriginal person or even to have relevant qualifications in Aboriginal heritage, archeology or anthropology. The CEO will decide what is included and what is axed from the register of Aboriginal sites and objects and there will be no tribunal or way for Aboriginal people to challenge the decisions of the CEO or minister. The CEO can make declarations of his or her own initiative, without any consultation or advice, and once made, they cannot be undone.

The minister stated the changes were needed to keep up with rapid development, but it should not be to the detriment of Aboriginal people. How about the government fast-tracking consent determinations for native title? The government must support Aboriginal people having a voice in decision-making, particularly in matters involving heritage, economic development, mining and construction.

Another example of the government's lack of willingness to support Aboriginal people and engage in meaningful decision-making processes is the government's recent discontinuation of the state activities funding agreement--SAFA--with the Kimberley Land Council. The agreement, which began in 2012 and had the possibility to remain until 2016, set out an agreed heritage process for ensuring the protection of significant sites and traditional country. 

The funding agreement established a dedicated KLC team to manage the engagement and consultations with traditional owners regarding all state government future acts, Indigenous land use agreements--pre and post-construction--special projects and Aboriginal heritage matters. It seems the government wants to bypass the KLC and deal directly with prescribed body corporates; that is a ridiculous notion. 

How will the government be able to effectively engage directly with PBCs without the assistance of the KLC, when not all Aboriginal native title groups have a PBC? Further, the Aboriginal native title groups that do have a PBC do not necessarily have an office at all, so there is really nothing in the Kimberley--no phone lines and no staff. 

. . .  The government must protect Aboriginal heritage sites and objects for all future generations. This is essential to all Aboriginal people across Western Australia. The proposed changes to the Aboriginal Heritage Act 1972 are an insult to Aboriginal people, and they are an insult to me.      

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The big three: KALACC, KLC & KLRC Annual General Meetings

It was a fantastic week out at Jarlmadangah Burru Community for the big three AGMs: Kimberley Aboriginal Law and Cultural Centre, Kimberley Land Council and Kimberley Language Resource Centre.  We're proud of Anthony Watson and Bonnie Edwards, who have been elected Chairperson and Deputy Chairperson of the Kimberley Land Council. We're also grateful for the long hours our EHSIS team put into the cooking and kitchen work. From well before dawn until well after dusk they were stirring pots the size of bathtubs with spoons the size of shovels. Above are some pictures from the last night of dancing. 

Changes to Aboriginal Heritage Act offend Kimberley TOs

The draft amendments to the WA Aboriginal Heritage Act 1972 are on the table—and they don’t look good.

Legal experts are concerned. Aboriginal academics are concerned. The Kimberley Land Council is concerned. And KRED Enterprises is concerned, that the proposed changes will mean less involvement by our people on crucial decisions relating to heritage.

According to the Draft Bill, all power will be transferred to a single CEO in the Department of Aboriginal Affairs. The CEO can decide that ‘there is no Aboriginal site on the land,’ they will decide what is included or axed from the Register of Aboriginal Sites and Objects, and there will be no tribunal or way for our people to challenge the decisions of the CEO or the Minister.

Further, there is no requirement for the CEO to be an Aboriginal person or to even have relevant qualifications in Aboriginal heritage, archeology or anthropology. 

KRED Enterprises Chairperson, Anthony Watson, says it's shocking decision-making power will rest with a single CEO. 

 "This is highly offensive to Kimberley Traditional Owners. The Aboriginal Heritage Act in its current form is in desperate need of reappraisal, but the proposed changes simply serve the state’s drive for rapid development at the expense of the rights and interests of Aboriginal Traditional Owners."  

The Law Society of Western Australia has also slammed the bill for not ensuring transparent reasoning of CEO determinations and for not guaranteeing Aboriginal people a voice in the decision-making process.

Should the Draft Bill become law, rather than smooth negotiations between Traditional Owners and industry, it will increase conflict and litigation in relation to impacts on heritage sites.

Mr Watson says the government has the opportunity to switch lip service with leadership.

"We urge them to dump this Draft Bill and seek the free, prior and informed consent of Traditional Owners as they craft a new Bill—a Bill we can feel proud of, a Bill that we can feel confident will protect our heritage sites and objects in the decades to come," Mr Watson says.  

Spirit Bear Dreaming

Our Karajarri members have been hooking pink salmon and dodging grizzly bears on the traditional country of First Nations People in Canada.

The Ambooriny Burru Foundation proudly sponsored the Karajarri Healthy Country Study Tour to enable our members to investigate effective models of First Nations governance and land management. 

According to Mervyn Mullardy, one of six Traditional Owners to participate in the tour, ‘it really opened Karajarri eyes,’ particularly in relation to First Nations management of commercial activities on country.  

The first stop on the tour was Klemtu, a community run by two tribes, the Kitasoo and Xai'xais. Balanced on the edge of a somber, frosty waterway and ringed with mountains, it’s a lucrative place for industry, with fishermen, loggers and tourists all vying for use of country.

But the First Nations people of the area have strict management structures in place, meaning tourism and commercial fishing operations can only happen at certain times of the year and any logging is monitored and undertaken alongside rehabilitation programs.

“The community has struck a commercial balance between controlling development and protecting the environment,” Mervyn said. 

“We stayed in the tourist lodge at Klemtu, which is fully owned by the First Nations people. The community generates money by getting tourists involved, teaching them to be aware of country and of the stories for their area.” 

Money earned from commercial operations flows back into programs like the Coastal Guardian Watchmen Network, which is the equivalent of the Kimberley Ranger Network.

Our Karajarri members were impressed to see effective models of Indigenous economic development. Equally impressed were their First Nations hosts, especially when watching the Karajarri Traditional Owners dance in Klemtu’s Big House.

“They had a cultural shock, I think, seeing us performing there, seeing Indigenous people dancing, from the other side of the world. Their traditional songs were also really powerful and they spoke of how they felt connected with us, with our dreaming and their stories coming together from other sides of the world. They felt so proud that we’d come all the way from Australia to meet them,” Mervyn said.

One of the stories the Kitasoo shared was about the creation and symbolism of the Spirit Bear, but despite searching for it with the Karajarri Traditional Owners, the bear remained elusive.

They also visited the Heiltsuk Nation and the Metlakatla Nation. Joining the exchange, were people from the Lutsel K'e Dene Nation in the Northwest Territories.

“This other mob that was tagging along, an old lady chief and two young girls, they cried for us when we left. They wanted us to come back again and visit their Nation, further north in the mountains,” Mervyn said.

The experience lived up to expectations as both a cultural and a learning exchange.

“Reading books and videos is alright, but actually going there, being there, is really another level. I’d like to thank KRED for supporting us.”

Through the Ambooriny Burru Foundation we’re committed to realising the educational aspirations of our members. All surplus income from KRED’s activities goes back into Ambooriny Burru for the benefit of all our members. Members’ priorities include law and culture, land management, education, scholarships and economic development opportunities that support the wellbeing of our people.