Antinuclear

Western Australia systematically eroding Aboriginal heritage rights

Separate but unequal: the sad fate of Aboriginal heritage in Western Australia The Conversation, Tod Jones Senior Lecturer, Human Geography, Curtin University December 7, 2015  There is systemic discrimination against Aboriginal heritage in Western Australia. This does not come from a racist administrator somewhere who hates Aboriginal heritage, but from the evolution of the institutions, rules and conventions that make up cultural heritage management.

Let me explain why.

Western Australia manages the heritage sites of Aboriginal and non-Aboriginal sites through different institutional channels, under different laws. This system is now providing much higher levels of protection for non-Aboriginal heritage.

There are several obvious imbalances. Should the Aboriginal Heritage Amendment bill that’s currently before parliament be passed, the maximum penalty for an individual illegally disturbing a non-Aboriginal heritage site will be A$1 million and two-years imprisonment, but for an Aboriginal site it will be A$100,000 and 12 months imprisonment, doubled on a second offence (it is currently A$20,000 and imprisonment for nine months, increasing to A$40,000 and two years for a second offense).

Less obviously, since Colin Barnett’s government took office in 2008 it has gradually reduced protection by reinterpreting definitions within theAboriginal Heritage Act 1972 to severely curtail the number of new sites. To date, some 1,262 sites have been blocked from gaining protection.

In 2012 the definition of “sacred” was reinterpreted to only include sites “devoted to a religious use rather than a place subject to mythological story, song or belief” – leading to the deregistration of 35 sites. This was found earlier this year to be a “misconstruction” by Justice John Chaney in the Supreme Court of Western Australia. Dreamtime stories have long been and continue to be considered sacred to Aboriginal people.

Furthermore, a recent report by UWA archaeologists indicates that more than 3,000 Aboriginal heritage sites have lost registration status as part of sweeping changes in classifications in the Aboriginal Heritage Register.

At no stage have Aboriginal custodians been notified about the changing status of their heritage……….

Proposed amendments to the Aboriginal Heritage Act

The Aboriginal Heritage Amendment Bill 2014, currently before parliament, has drawn criticism from Western Australia member for parliament Robin Chapple, who, amongst many others, has argued the changes will decrease transparency in decision making and democratic oversight.

The key provisions give the chief executive officer of the Department of Aboriginal Affairs the power to declare “there is no Aboriginal site on the land”.

Extraordinarily, the proposed amendments would allow developers to appeal if their applications are rejected, but make no provision for Aboriginal custodians to appeal the CEO’s decision.

The proposed amendments do not address the most glaring inequalities in the dual systems. In addition to the heavier penalties for illegally disturbing non-Aboriginal heritage sites, non-Aboriginal heritage is managed by the Heritage Council in concert with local government and planning authorities, while Aboriginal heritage is managed by a small section within the Department of Aboriginal Affairs.

Perhaps most significantly, the end of Aboriginal use or presence of non-Aboriginal use at an important archaeological site could potentially bring it under the Heritage of Western Australia Act. This would paradoxically give it a higher level of protection and management.

This goes against Australia’s guiding heritage principles that place great emphasis on continued use.

Changing understandings, changing systems…..The status quo is now so unequal that it is untenable. The only solution is a holistic and inclusive approach to Western Australia’s system of cultural heritage management. http://theconversation.com/separate-but-unequal-the-sad-fate-of-aboriginal-heritage-in-western-australia-51561

December 9, 2015 - Posted by Christina Macpherson | aboriginal issues, Western Australia