Rock shelters in WA were destroyed by mining giant Rio Tinto in May 2020.

Juukan owners 'angry' with govt response

Thursday, 24 November, 2022 - 08:29
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The federal government has won praise for its response to an inquiry into the Juukan Gorge destruction but been panned by the group at the centre of the issue.

The Puutu Kunti Kurrama and Pinikura people said today they had been disrespected and sidelined in the federal government's formal response.

Mining giant Rio Tinto blew up the 46,000-year-old Juukan caves in May 2020, devastating the traditional custodians and causing global outrage.

Environment Minister Tanya Plibersek on Thursday presented the government's response to a parliamentary report on the incident, labelling the sacred site's destruction "unthinkable" and pledging it will never happen again.

The co-chair of the First Nations Heritage Protection Alliance, Kado Muir, commended the minister after she signed a partnership agreement to co-design legislation.

“A commitment to co-design this important piece of legislation reflects a true partnership between First Nations and the federal government,” Mr Muir said.

“I commend the Minister, who, on behalf of the federal government joined with us, the FNHPA, to work together for real enduring change, setting new standards for cultural heritage protection now and into the future.”

Ms Plibersek said the partnership with the alliance would guide the reform process.

“To ensure that Indigenous voices are present at every stage, in every room, and in every decision we make,” she said.

However, PKKP Aboriginal Corporation chair Burchell Hayes said his group had not been properly consulted.

Mr Hayes said the Minister’s office had emailed the Corporation on Tuesday about the planned announcement.

He said custodians were angry and disappointed there had been "no detail or meaningful follow-up".

"It seems like a media event in Canberra is more important than giving PKKP people the respect of asking us what can be done to try and stop something like the destruction of the Juukan rock shelters happening again," Mr Hayes said in a statement.

"We would have expected the minister would want to meet with us before making a public announcement about our country and cultural heritage."

Ms Plibersek's office said the minister had attempted to engage with the PKKP several times this week.

"A meeting between the CEO and the minister was also offered," a spokesperson said.

The Joint Standing Committee on Northern Australia met on-country with PKKP representatives as part of its inquiry.

It concluded that planned updates to WA's outdated Aboriginal Heritage legislation was not adequate and recommended federal law reform.

Ms Plibersek said the government had accepted seven out of eight committee recommendations and would work through the other with the First Nations Heritage Protection Alliance.

That recommendation relates to whether ultimate responsibility for cultural heritage protection should sit with the Indigenous Affairs minister or environment minister.

"It is unthinkable that any society would knowingly destroy Stonehenge or the Egyptian pyramids … but that's precisely what occurred in Juukan Gorge," she told parliament.

"This report explains how we reached that shameful moment ... (it) also tells the much bigger story of our national failure on Indigenous cultural heritage.

"We acknowledge that we have to do better. We are committed to doing so, in partnership with First Nations Australians."

Ms Plibersek said the reforms were not about stopping development but aimed at addressing "our oldest imbalance".

"We are always a better country ... when we give everyone a seat at the table and we listen to all voices," she said.

In addition to progressing with legislative reform, the response promises action on several related areas, such as resourcing for local native title bodies, investigating better ways to make native title agreements and greater protection for intangible cultural heritage.

The Chamber of Minerals and Energy of Western Australia reacted cautiously, saying it would review the federal government’[s proposals.

“CME and the WA mining and resources sector continue to support the review of relevant Commonwealth (federal) legislation to ensure modernisation and alignment of Aboriginal cultural heritage protections, where required, at both a State and Federal level,” chief executive Rebecca Tomkinson said.