WA government attacks consultation as heritage bill goes to parliament

Traditional owners say they have been ignored by the Western Australian government over its new Aboriginal cultural heritage bill which was introduced in parliament today.

Noongar human rights lawyer Dr Hannah McGlade told NITV News that the consultation process for the legislation had been “flawed” and that the fundamental concerns of traditional owners and heritage experts failed had not been heard by the state government.

“We do not believe that a government-led indigenous heritage council is sufficient given this past model of discrimination in favor of mining companies and developers and the damage and destruction of indigenous sites,” she said. declared.

“We would like to see an independent statutory authority.

“We have also seen that all right of review has now been removed from this bill so that the minister can have that final approval to damage or destroy Indigenous heritage sites without the right of review granted to Indigenous people.”

“A devastating day”

The new bill was designed to replace cultural heritage laws that allowed Rio Tinto to destroy the Juukan Gorge in 2020, but the Kimberley Land Council (KLC) warned that the new legislation could lead to “disaster. cultural “.

KLC CEO Tyronne Garstonne said the land council had repeatedly called on the government to change the law and that by ignoring their concerns it had “treated the natives with contempt.”

“This is a devastating day for Indigenous heritage,” said Mr. Garstone.

“Fundamentally, this bill will not protect indigenous cultural heritage and will pursue a pattern of systematic structural racial discrimination against indigenous peoples. “

National Native Title Council CEO Jamie Lowe said the legislation not only failed to protect cultural heritage, but ignored recommendations from the Senate inquiry into the destruction of Juukan Gorge.

“The new bill appears to be a convoluted version of the old law, with ultimate decision-making power still resting with the minister and still no real right of appeal for indigenous peoples,” said the man from Gunditjmara Djabwurrung. .

“It also ignores the recommendations made in ‘A Way Forward – Final Report on Destruction of Indigenous Heritage Sites at Juukan Gorge’.

“Emergency action”

For Dr. McGlade, the bill is not only flawed, it is discriminatory.

She is one of five traditional landowners in Western Australia who have asked the United Nations Committee on the Elimination of Racial Discrimination to intervene.

“It is a form of racial discrimination to allow a law that is strongly in favor of development and mining and government to continue to destroy and damage indigenous sacred sites and places,” said Dr McGlade.

“This is why we contacted the UN, because we accept these treaties and we have to have a sincere approach towards them and we call on them to take urgent action here.”

Kado Muir, Slim Parker, Dr Anne Poelina and Clayton Lewis are also involved in the demand to stop the introduction of the bill.

Mr Muir said pushing forward to introduce the bill despite calls from traditional owners to stop it is “a violation of human rights by the government of Western Australia” .

“We want to have our say in the protection of our sacred sites, but the minister reserves the right to destroy sacred sites,” he said.

“There is a real risk of the status quo, which is the destruction and desecration of indigenous cultural heritage, our sacred sites. “