Noongar Consultation Protocol Guidelines Swan and Canning Rivers Iconic Trails Project

Living Culture - Living Land and its people 1

Each of these correlate with different geographic areas that have ecological distinctions:

Geraldton Sandplains and

Swan Coastal Plain Yued, , Binjareb/ Pinjarup and

Avon Wheatbelt Balardong, Nyakinyaki, Wilman

Jarrah Forest Whadjuk, Binjareb/ Pinjarup, Balardong, Wilman, Ganeang/Goreng

Warren Bibulmun, Mineng

Mallee Wilmen, Goreng and The Swan and Canning Rivers are significant sites for people and as such are listed on the Respect Culture; Esperance Plains Register of Aboriginal Sites under the Aboriginal Heritage Act 1972.

Recognise Traditions; Noongar people’s country covers the entire south- western portion of Western Australia. The boundary commences on the west coast at a point north of Reconcile Past Jurien Bay, proceeds roughly easterly to a point approximately north of Moora and then roughly and Present south-east to a point on the southern coast Funding Assistance for this project provided by between Bremer Bay and Esperance. Lotterywest

Noongar are made up of fourteen different This report has been prepared by the South West language groups: Aboriginal Land and Sea Council

Amangu, Yued, Wadjuk, Binjareb, Wardandi, Warning: this report contains images of Balardong, Nyakinyaki, Wilman, Ganeang, deceased persons Bibulmun, Mineng, Goreng and Wudjari and Njunga Introduction 2

Disclaimer: The term Noongar (alternative spellings These Protocol Guidelines form a living document The core purpose of these Protocol Guidelines is include Nyungar, Nyoongar, Nyoongah, Nyungah, that will be adjusted over time in consultation with to ensure full and effective Noongar engagement Nyugah, Yunga) is inclusive of all Aboriginal people the Traditional Owners of the Perth Metropolitan to fulfil the following key aspirations of the Noongar in the South West region of Western Australia. Region. community – caring for country by restoring Throughout this document the term Noongar has Noongar rights and obligations to country; and These Protocol Guidelines have been developed as been used in accordance with the way in which the maintaining and recognising both Noongar men’s part of the Noongar Values project on the Derbarl South West Aboriginal Land and Sea Council refer and women’s cultural connections to country. Yerrigan and Djarlgarro Beelier. The project has to the Aboriginal people of the South West region. been undertaken in partnership with Perth Region There are several key elements to effective NRM with funding provided by Lotterywest. consultation with and this document sets out some of the important protocols for the Swan The purpose of this document is to enable the River Trust in consulting Noongars. It also outlines Swan River Trust to more effectively engage with a guiding process to be followed to ensure full and the Noongar community in relation to activities in proper participation by the Noongar community. and around the Derbarl Yerrigan and Djarlgarro These key elements include: Beelier. It is essential that the Noongar community has meaningful participation in caring for the • Principles Derbarl Yerrigan and Djarlgarro Beelier and has • Protocols maximum opportunities to participate in policy and • Process / Engagement Guidelines decision making for the river system. The South West Aboriginal Land and Sea Council This document will assist in the establishment has established contacts throughout the Noongar of a strong partnership between the Noongar community to enable meaningful participation community and the Swan River Trust based on to occur. There may be other organisations and mutual respect, trust and acknowledgement of Government Departments that can assist, however cultural difference. in recognition of the Traditional Owners of Noongar country the South West Aboriginal Land and Sea Council should be the first point of contact for consultation with the Noongar community. Principles 3

Any consultation, dialogue, discussion, negotiation Noongar values, will lead to a richer community or conversation with the Noongar community with beneficial outcomes for all. should be based on fundamental principles to ensure their meaningful participation in decision Acknowledgement of Noongar country making. These principles include: Acknowledgement of Traditional Owners of Noongar country is fundamental to building a Free, prior and informed consent positive relationship. Statements acknowledging Consultation should include the provision of prior possession and occupation of country for sufficient information for people to make an at least 45,000 years are essential elements of informed decision about the activity with sufficient understanding Noongar values. time to consider options and discuss with other members of the community. Remember Noongars Acknowledgement of Noongar culture have the right to say ‘no’. Acknowledging that Noongar culture has a unique place in the community is an essential building Mutual respect block for a positive relationship. The Noongar It is essential that the consultation process community can bring a different perspective to Understanding that Noongars live their culture demonstrates respect for the views of both parties. projects that will enrich and diversify the overall Noongar culture is not something that is ‘practiced’ Respect for consultation protocols and cultural outcome. when an opportunity presents itself. Culture is the values will build the respect of the Noongar lived and living experience of day to day life – an community and establish a positive and long term Acknowledgement of Noongar knowledge and active relationship between people, families, family relationship. expertise life, traditions and country. Noongar culture is Noongars have at least 45,000 years of built up constantly enriched through history and experience. Nation building / relationship building – equal knowledge and expertise in having a harmonious It should be respected and acknowledged that partnership between Noongar and non-Noongar relationship with the environment and country. Noongar culture has also been shaped by a unique communities By way of example, the Noongar community history based on oppression, dispossession, The purpose of consultation is to develop a can bring a special expertise to managing the disempowerment and racism. relationship based on trust and understanding environment that can add value to any scientific as well as mutual respect. Acknowledging the and environmental management process. Women’s / Men’s Business views and opinions of the Noongar community Men and Women in the Noongar community have and actively adopting their ideas and suggestions, different cultural responsibilities. These different including demonstrating an understanding of responsibilities have to be recognised and respected. Protocols 4

It is important to follow certain protocols to ensure Cultural Protocols a successful consultation process. Proponents of It is respectful to seek permission before taking projects should be mindful of these protocols and photos of people as well as using their quotes develop the consultation process with these in and information. It is important to remember that mind. attending funerals for sorry business will always take precedence over other commitments. Early engagement To ensure meaningful participation of the Noongar Resources community, it is important to engage early with the Full and effective participation requires fair and relevant groups to ensure a more integrated and equitable resources to achieve beneficial outcomes. beneficial outcome. Ongoing contact with groups Noongar expertise is a commodity and should not is important to ensure the relationship remains be exploited. Generally, Noongars lack the personal positive. resources to enable their constant involvement and therefore resources should be provided for services Create Realistic Timeframes rendered. Resources may include: Noongar governance processes are complex with • Welcome to Country expenses extended family networks needing to be kept • Consultation fees informed as part of the consultation process. It is • Meeting expenses important to recognise that meaningful engagement Welcome to Country / will take time, and sufficient time for proposals • Admin support Acknowledgement of Country will be required for consideration by the Noongar • Catering It may be appropriate to engage a recognised Elder community. It is also important to remember that • Transport / travel allowance in their local community to conduct a Welcome Noongar Elders and spokespeople often have to Country as a courtesy and acknowledgement competing commitments and are usually engaged of the Traditional Owners at meetings. The South in multiple projects. West Aboriginal Land and Sea Council can assist in providing appropriate people to conduct such work. A statement of acknowledgement, as a sign of respect, should be made by the convenors at the start of each official meeting. 5

Intellectual Property Rights Confidentiality Showing Results Cultural and intellectual property rights should The purpose for which information is obtained and Demonstrating that Noongar concerns, suggestions be recognised and protected. Approval must be used should be a source of constant negotiation and ideas have been taken into consideration given by an appropriate Noongar representative on and agreement. Confidentiality and privacy is critical to building an enduring and respectful the use and representation of Noongar heritage, are serious issues for the Noongar community, relationship. Meaningful engagement also involves language, cultural and intellectual property. particularly information that is culturally complex continual involvement of the Noongar community in such as ‘women’s business’ or ‘men’s business’. processes and timelines. Noongars should share in Essentially, Aboriginal cultural and intellectual Such information should be acknowledged and any economic opportunities from the project and be property refers to Aboriginal peoples’ rights to their recorded or stored in a respectful and culturally able to take advantage of any future opportunities heritage. ‘Heritage’ consists of the tangible and appropriate way. for participation. intangible aspects of the body of cultural practices, resources and knowledge systems that have been developed nurtured and refined (and continue to be developed, nurtured and refined) by Aboriginal people and passed on by Aboriginal people as part of expressing their cultural identity.1

1. Janke, T. and Quiggan, R. Background Paper 12: Indigenous Cultural and Intellectual Property and Customary Law. Law Reform Commission of Western Australia. http://www.lrc. justice.wa.gov.au/ 2publications/reports/ACL/BP/BP-12.pdf (accessed 2 December 2010). 2 Process / Engagement Guidelines 6

1. Contact the South West Aboriginal Land and 4. At this initial meeting establish the ongoing 7. Ensure ongoing feedback and review of Sea Council who will advise on the appropriate process for consultation and level of the project with relevant Noongars. This is people to consult, ensuring that both men and involvement of the Noongar community for the particularly important if there is a significant women are included. SWALSC can also provide project. This may include establishing a specific impact on the river system. suggestions for meeting places and advice working group or more broad consultation. on any specific cultural protocols, including Consider any employment opportunities for timing, upcoming events etc. SWALSC may be local Noongar people. able to provide a specific mailing list of people 5. Ensure the ongoing involvement of interested who would be appropriate to talk to about your project. Noongars in the project. It is critical to actively illustrate that Noongar comments, concerns 2. Once the relevant people have been identified, and suggestions have been taken into arrange an initial meeting to outline the scope consideration. of the works or project that you wish to undertake. At the meeting ensure information 6. The Swan and Canning Rivers are both is clearly set and all factual information is registered Aboriginal sites of significance which presented. Information could include: may mean the project impacts on a culturally sensitive area. It may also be important to • Potential impacts of the project on the river undertake relevant Section 18 clearances and adjoining areas; for the project. This may require Noongar • Any prior discussions with other stakeholders; involvement in monitoring, management and • Any maps, data or technical information. rehabilitation activities. Ensure that appropriate 3. Ensure that Noongar groups are afforded processes are undertaken to identify sufficient time to consider the information. appropriate people to carry out these activities, There may also be further consultation that recognising that time may be needed to reach a participants need to do with other members consensus on both appropriate methods to be of the community. Remember that Noongar used and the individuals to carry them out. governance processes are complex and time consuming therefore ensure you allow sufficient time for this to occur.

2. A useful document for consultation is “Ask First – A guide to respecting Indigenous heritage places and values” available from the Australian Heritage Commission. Phase II – Swan and Canning Rivers Iconic Trails Project 7

Phase II of the Swan and Canning Rivers Iconic particularly with Elders throughout the community. Economic Benefit: Trails Project under the auspices of the Swan River The South West Aboriginal Land and Sea Council • Initiatives undertaken in that specific area Trust involves further consultation with the Noongar will consult with the community about the most that has included involvement of the Noongar community to ensure agreement on the placement appropriate people to participate in the Advisory community, i.e. employment of Noongar river of signs. Further consultation needs to be done to Group. rangers; reach consensus on the language, stories, artwork As outlined in the Report, key elements for the It is recommended that signage include particular and placement of the signs along the Trail. signage could include, but not be limited to: stories, however where the information is culturally As outlined in the final report of the Swan and sensitive, such as women’s stories, a cultural Sense of Place: Canning Rivers Iconic Trails Project, the signs custodian could be listed on the sign. A final list of along the Iconic Trails should reflect Noongar • Noongar artwork – a theme could be adopted for signage criteria should be developed through the values about the Swan and Canning River all signs along the trail; Advisory Group. systems. Signs should include stories about • Noongar place names; Noongar culture, traditions and history as well as • Noongar Stories; cultural responsibilities. Signs should also reflect • Historical photos of people and places (signage Noongar concerns in relation to the environmental at Success Hill as an example); degradation of the river systems.

Through stories, the Noongar community have Ecosystem Health: indicated a number of possible signage locations as • Environmental significance of the area to the significant areas that hold strong cultural value for Noongar community including bush tucker (if our people. However, this is a preliminary indication acceptable); of where signage should go and it is recommended • Environmental protection responsibilities (loss that further consultation will need to be undertaken of habitat for Carnaby Cockatoos, death of river to ensure other sites have not been missed and that dolphins, pollution etc); all community members are comfortable with those Community Benefit: sites already highlighted. • Cultural and social significance for the Noongar It is also recommended in the report that an community; Advisory Group be established that includes • Historical significance for the Noongar members of the Noongar community to provide community; advice on the language, content and artwork for individual signs, consultation should occur South West Aboriginal Land & Sea Council

Supported by: Partners: Produced by South West Aboriginal Land & Sea Council 1490 Albany Highway Cannington WA 6107 Ph: 08 9358 7400 suppor ted Fax: 08 9358 7499