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Blue Shield Australia Statement on Juukan Gorge Rock Shelters – Western Australia

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Blue Shield Australia Statement on Juukan Gorge Rock Shelters – Western Australia Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia Submission 40 Blue Shield Australia c/- ALIA House 9-11 Napier Close Deakin, Canberra 2600 Australia Blue Shield Australia statement on Juukan Gorge rock shelters – Western Australia Blue Shield Australia (BSA) welcomes the invitation to provide a submission to the Joint Standing Committee on Northern Australia and the inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia. Blue Shield International https://theblueshield.org/ is an international organisation, working to protect the world’s cultural heritage threatened by armed conflict and natural disasters. Blue Shield Australia (BSA) is the Australian national committee representing Blue Shield International. Blue Shield Australia committee members represent the organisations of BSA and the organisation is operated on a completely voluntary basis. The Blue Shield Australia committee comprises representatives from the following Australian peak cultural and heritage industry organisations: ● ICA: the International Council on Archives, represented in Australia by the Australian Society of Archivists ● ICOM: the International Council of Museums, represented in Australia by ICOM Australia ● ICOMOS: International Council on Monuments and Sites, represented in Australia by Australia ICOMOS ● IFLA: the International Federation of Library Associations and Institutions, represented in Australia by the Australian Library and Information Association Other Blue Shield Australia member organisations are: ● AICCM: The Australian Institute for the Conservation of Cultural Material ● AMaGA: Australian Museums and Galleries Association ● FAHS: Federation of Australian History Societies ● PARBICA: Pacific Regional Branch of the International Council on Archives BSA aims to raise awareness of the value of Australian cultural heritage and the need for its protection against threats. In regards to responding to the Terms of Reference of the Inquiry: (c) the sequence of events and decision-making process undertaken by Rio Tinto that led to the destruction; In 2013, after the mining company was granted mining rights in the region, archaeologists subsequently provided evidence of the sites cultural significance via artefacts belonging to the Puutu Kunti Kurrama and Pinikura traditional owners, including a 28,000 year old tool fashioned from bone and a piece of 4000 year old plaited hair belt. Traditional owners visited sites, in line with best practice in cultural management procedure, alongside international exemplar for heritage management, highlighting the - PROTECTING HERITAGE IN CRISIS - Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia Submission 40 importance of ethical partnerships with Traditional Owners and communities. The importance and significance of the site was indisputable, both from a local and international perspective. Once the significance of the place had been established, there was no process under the Act, or within the administration of the Act, that could alter the terms of the section 18 permit. Under the AHA, no parties other than the Land Owner can appeal a section 18 decision. So, the Traditional Owners had no right of appeal after section 18 was granted, despite having found new and compelling evidence about the significance of the site. (d) the loss or damage to the Traditional Owners, Puutu, Kunti Kurrama and Pinikura people, from the destruction of the site; A number of academic studies have taken place around the protection of the significance of the rock art. One such study took place in 2013 pertaining to the natural processes and rates of weathering, erosion, including the effects of fire, that affect the stability of rock surfaces and subsequently the longevity of the rock art. Cosmogenic nuclides (or cosmogenic isotopes) were studied and it was concluded that these rare nuclides demonstrate amongst the lowest erosion rates (at least measured by cosmogenic nuclides) anywhere in the world. Thus low erosion rates, together with low rainfall, have favoured long-term preservation of petroglyphs, long enough to encompass the known period of human settlement in Australia. Seven years later the mining company has destroyed significant artefacts including early evidence of grinding and bone technology and plaited hair approximately 4000 years old that has been linked by DNA to the contemporary Puutu Kunti Kurrama & Pinikura Traditional Owners. (h) how Aboriginal and Torres Strait Islander cultural heritage laws might be improved to guarantee the protection of culturally and historically significant sites; The traditional positioning of Aboriginal site registration within remit of planning departments must be reviewed across all states and territories, with a view to clear separation. The placement of site registration and documentation within processes really geared to authorise development creates a tension incompatible with effective protection of Indigenous cultural sites. Recommendations to review legislative and organisational settings for Aboriginal site registration should be pursued, along with recommendations that such government processes for site registration be negotiated with the Traditional Owners or appropriate representative body. (i) opportunities to improve indigenous heritage protection through the Environment Protection and Biodiversity Conservation Act 1999; Legal Framework for management and protection lies within the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act), where, within the act it is an offence to negatively impact an area that has national heritage listing. A significant number of ancient Aboriginal sites are not listed as National Heritage, and if federal legislation is not applicable, State laws only apply. The Juukan Rockshelters were not listed on the National Heritage List, so EPBC does not apply. The rock shelters in the Pilbara were protected under Western Australia’s Aboriginal Heritage Act of 1972. The Traditional Owners are the Puutu Kunti Kurrama & Pinikura people and the legal tenement owners - PROTECTING HERITAGE IN CRISIS – Page 2 of 4 Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia Submission 40 are Rio Tinto Iron Ore. So, under the S18 process, only Rio Tinto would be allowed to appeal against a decision. The 50 year old act is currently being reviewed by the State Government, hopefully addressing the blatant omission of the opportunity of the reform of a decision once new information has emerged. Without legal protection, cultural property is at risk as economic interests are at the forefront. Australia is a member of the UNESCO World Heritage Committee [2017-2021]. Australia is a party to the World Heritage Convention. “During our 2017-2021 term, Australia will work to strengthen the operation of the Committee, placing emphasis on the effective management of existing properties, and encouraging greater geographic balance in the list and more focus on listing natural places of Outstanding Universal Value” https://www.environment.gov.au/heritage/about/world-heritage https://www.aboriginalheritagecouncil.vic.gov.au/review-environment-protection-and-biodiversity- conservation-act-1999 Places on the World Heritage list must have special universal values above and beyond the values they hold for a particular nation. The criteria for selection the site must be of outstanding Universal Value and meet one out the ten selection criteria, including: ● to be directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance. (The Committee considers that this criterion should preferably be used in conjunction with other criteria); ● to be outstanding examples representing major stages of earth's history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features (such as the stromatolites in Shark Bay, the first life on Earth) Museums and galleries in Australia have liaised with First Nations people to create protocols for the shared custodianship or repatriation of cultural materials. In 2019 the Australian Museums and Galleries Association (AMaGA) in close consultation with Indigenous Australians released the First Peoples: A Roadmap for Enhancing Indigenous Engagement in Museums and Galleries. This will be crucial for breaking down barriers and improving the participation of Indigenous individuals and communities in our museums and galleries. Most importantly, the Roadmap sees a future where Indigenous communities have control of their cultural material. Under the terms of reference for the 10-Year Indigenous Roadmap project, consultants Terri Janke and Company were contracted to make recommendations for updates to AMaGA’s protocols and guidelines. FIRST PEOPLES: CONNECTING CUSTODIANS: Principles and Guidelines for Australian museums and galleries working with First Peoples cultural material sets standards of Indigenous employment, care of collections, repatriation and management of sacred and secret material. See: https://www.amaga-indigenous.org.au/continuous-cultures-policy-update Galleries, Libraries, Archives, Museums and Heritage sites recognise the deep relationships that Indigenous
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