Aboriginal Way www.nativetitlesa.org Issue 68, Spring 2017 A publication of South Australian Native Title Services

Above: Bunggul (ceremonial dancing) for opening of Garma 2017. Read full article on page 4. New claim for the South East of SA

Native Title claims for areas in traditional law and customs and descendants “I congratulate that community and That overlap area has been excised from the South East of of particular people who lived in that area. am pleased that the process to have the Claim and mediation has have been approved by community their native title recognised has begun” commenced, as the Ngarrindjeri Claim is The claim was authorised at a meeting members and lodged by SA Native said Mr Thomas heading for a Consent Determination in in Mount Gambier and lodged on Title Services (SANTS). coming months. 4 August 2017. SANTS Senior Anthropologist Robert The First Nations of the South East Claim Graham will prepare a Native Title “The lodging of this claim marks #1 and #2 cover areas near Keith to the SA Native Title Services CEO Keith report as required by the court. significant progress in the resolution coast and across to the Victorian border, Thomas welcomed the authorisation and of native title across the state” The claims are now awaiting registration including the towns of Mount Gambier, lodging of the claim. Mr Thomas said. by the Federal Court. The First Nations of Penola and Lakes Bonney, George and Eliza. “They’ve been waiting a long time, there the South East Claim #2 has some parts “This is a large claim area and leaves Native title holders are held to be First have been limited resources available to which overlap the existing Ngarrindjeri only some small areas of the state yet Nations of the South East people under prepare this application” he said. and Others Native Title Claim. to be subject to claim” he said.

Inside: Councils consider January 26 5 New approach to prisons needed 6 Walking country 8 Looking ahead for native title 11 Council votes for Elliston Memorial to acknowledge massacre

Wirangu elder Jack Johncock has Mr Jody Miller, a Nauo and Wirangu Some estimated that 200 people had about a monument around 40 years ago. welcomed the Elliston District man, told Aboriginal Way that those died, however an anthropologist hired “It’s been a long journey to have some Council’s proposal to include the acknowledging the tragedy at by the Council to examine the issue put recognition, a lot of them didn’t want to word “massacre” on a memorial Waterloo Bay needed to remember the estimate much lower, possibly at have anything to do with us” he said marking the site where Aboriginal those connections. 25 to 50. people were killed at Waterloo Bay “As much as it’s been a battle with the “Nauo people were pushed towards Anthropologist Tim Haines advised 170 years ago. wording this time, I’ve got to pay homage Elliston and chased off the cliff as the Council that the number of people to the current Council. At least they’ve “I just think it’s a win for everybody well back in 1849. killed was difficult to accurately define. negotiated with the Wirangu.” He said that it was evident that killing that that grim day is now out in the “The Nauo people were involved, open for everyone to read about and as were their neighbours the had happened there and that in fact Mr Johncock says he will encourage acknowledge” he told CAAMA Radio. people” he said the number killed should not make people to accept the Council’s proposal. a difference to the use of the word He has met with other local Aboriginal He says it’s well known in the West Three stone monuments now stand “massacre”. people to discuss the proposal. Coast community that Aboriginal people at Waterloo Bay. However the smallest were driven off the cliffs in 1849. monument in the middle remains blank At a Council meeting on Monday 19 “The Nauo really want to get on board with and what will go on it has been the September, Council voted to include this issue” Mr Miller told Aboriginal Way. “The Elliston Massacre was one of subject of fierce debate. wording that included the word the biggest stories of our time and “massacre” on the monument. “Wirangu came across and sat down at everybody on the West Coast here While no-one disputed that Aboriginal the table with us and acknowledged it knows of it” he said. people were killed, the words to be They voted to remove the term “large” was Nauo as well involved in this. used to describe what happened on from the plaque’s description of the “People were driven over cliffs over the “We want to know more but also to that day have been debated. number of people killed. murder of a settler called John Hamp.” support the Wirangu as much as Mr Johncock told the ABC in July. “The problem in the last few months has Elliston District Council Chairman Kym possible” he said. been the wording to go on the monument Callaghan said after the meeting that the Mr Johncock told CAAMA Radio that His comments come after a debate that and one word in particular – massacre. council’s resolution would be put to the has taken place since the building of a A lot of people in the area were not in for their consideration. he will support acceptance of the new walking trail and memorial at the favour of that” said Mr Johncock. Council’s proposal. site earlier this year. While many people see it as an important Mr Callaghan had initially opposed the “I for one will be encouraging our mob “They were lucky enough to get a recognition of the events, other locals word’s inclusion, but changed his mind to accept what council have put forward, I grant for some walking trails and they opposed the word. petitions circulated after reading Supreme Court documents think it’s been a win. I think this thing has wanted to put some monuments there” around Elliston opposing the use of the about the incident, and after visiting the been many years on the table and finally Mr Johncock explained. term “massacre”. site with two Wirangu people. its recognition that has finally been given to our people” “The monuments are there now, The use of the word “massacre” was Mr Johncock said that although this acknowledging the Wirangu on one and initially tied to how many people had current debate had taken some time, it “We can all move forward now. It’s been acknowledging the other clan groups of been killed on that day in debates over was just a part of a much longer journey, a long long fight, the outcome is palya” the area on the other. the topic. with local people starting the discussion he said.

Community members meet at the site of the Elliston Memorial.

2 Aboriginal Way, Spring 2017 Native title voice growing

The National Native Title Council enable all parts of the native title sector groups (PBCs and TOCs) and Regional The NNTC meets for its Annual General (NNTC), the peak advocacy body to work together in policy development Native Title Organisations for NTRBs Meeting on 25 October in Brisbane, for the native title sector, has and advocacy. and NTSPs. where the formal election for new welcomed Traditional Owner groups Board members will be held. “The native title sector has been The new governance structure includes as members for the first time. developing rapidly in recent times dedicated places on the Board for NNTC Hosting Regional Forums The Quandamooka Yoolooburrabee PBC or TOC representatives and “It’s time to ensure all parts of our sector The Department of Prime Minister & Aboriginal Corporation, from Queensland, ensures that those groups can are able to become properly involved in Cabinet (PM&C) is supporting regional and the Mungarlu Ngarrankatja participate in the National Council national dialogues and debates on the forums for native title groups and Rirranunkaja Aboriginal Corporation of Members, Ms Betts said. from the Central Desert region of issues that affect us” Ms Betts said. Prescribed Bodies Corporate PBCs PBCs and TOCs from around Australia across Australia. Western Australia, were accepted as Originally formed as an alliance of are invited to submit applications for members of the NNTC at a Council Native Title Representative Bodies Hosted by the National Native Title Council, membership of the NNTC. meeting held in Perth in September. (NTRBs) and Native Title Service the meetings aim to facilitate information The inclusion of the two groups signals a Providers (NTSPs) from around Australia, “The NNTC is going through a process sharing and collaboration between native significant change to the structure of the the NNTC aims to provide a national of structural change and by becoming title holders and the regional offices of advocacy body and gives members of voice to represent the interests of members PBCs and TOCs can help PM&C. It comes as the PM&C introduces a Prescribed Bodies Corporate (PBCs) and native title and Traditional Owners. shape the organisation into the future” transition model for PBCs to move towards Traditional Owner Corporations (TOCs) a said Ms Betts. greater self-sufficiency. Earlier this year a new structure was direct voice in the work of the Council. announced for the body, it now includes Membership forms and further Representatives from native title groups Chief Operating Officer at the NNTC two member classes – Local Native information can be obtained from in South Australia will receive invitations Carolyn Betts says that the change will Title Organisations for traditional owner [email protected] for the meeting taking place in our state. Compensation Stolen Generations waiting

Applicants for the Stolen Generations meet face to face to tell their story becoming clearer Reparations scheme are still waiting and have it, if they wished, told to the for a response, six months after independent assessor. but High Court applications closed, with no clear date set for a final announcement At that stage around half of applicants had Appeal looming on the scheme. spoken to the Assessor, Mr Maher said. The Reparations scheme was announced “I am advised that, to date, over 200 by the Government late in 2016, and applicants have met with the independent How the Courts will calculate economic part of the land, because aims to provide some recognition for assessor already as part of the individual compensation due to native title working out how much the land was people who were forcibly taken from their reparations scheme. They are continuing holders for loss of native title rights worth was relatively straight forward, families as children. is becoming clearer after recent there was quite strong evidence to show to be processed, and we will process decisions in the Federal Court. how much it meant to those people and On closing applications under the scheme, them as quickly as possible. how much they’d suffered from having the Government said that the Independent In August 2016, the Federal Court The Government could not provide a date lost that land, their capacity to manage Assessor Mr John Hill would meet with all delivered its decision regarding when the applicants could be advised, the land, their capacity to do things on applicants and consider their applications compensation payable for loss of Mr Maher said. the land which they did. before making recommendations to non-exclusive native title rights and the Aboriginal Affairs and Reconciliation “With a much higher take-up than was interest in land in the town of Timber “And then you have to put a number to it. Minister Kyam Maher. originally expected we do not have a Creek in the Northern Territory. No number is right, no number is enough, In August Mr Hill told State Parliament final date, but as soon as possible. Under that decision, the Northern but in terms of our law in the Native Title that demand has been higher than Territory government was ordered Act, we have to put a number to it and “Later this year or early next year is the expected, with almost 450 applicants to pay approximately $3.3 million to I suspect there’s a number which some anticipation” Mr Maher told Parliament. submitting applications. the Ngaliwurru and Nungali People. people think is too high, there might be Given the length of the process, a small The Court had considered a range of some people who think it’s a bit low, The Advertiser reported then that Mr Hill group of people have been paid interim compensation issues, and accepted I don’t know, I did the best I could” he said. said his office was yet to meet with amounts ahead of the final announce- that the Ngailiwurru and Nungali people The initial decision was appealed by the more than half of them, and final ments, Mr Maher said under questioning ought to be compensated for both Northern Territory government, supported payments could not be determined until from the Opposition Leader Mr Stephen economic and non-economic loss. by the Commonwealth and others. In all applicants were assessed because each successful applicant would receive Marshall in Parliament in August. Justice John Mansfield heard that case July, the Full Court of the Federal Court of the same amount. and said that it was a significant one in Australia largely upheld Justice Mansfield’s “These have been ones where there his long career. original decision in the case. The Government has confirmed in have been compelling reasons due to Parliament that the total budget available the medical circumstances of individuals “The Timber Creek compensation case, The Full Court agreed with the “intuitive” under the scheme would not be altered that have warranted not waiting until the it was a great privilege as a judge to be approach to determining the non- from the original $6 million, meaning that whole scheme had finished” he said. able to decide” he told Aboriginal Way. economic value of the native title the total number of successful applicants rights and declined to interfere with the “It is something where some cases “The people who gave evidence were compensation award in that respect. would affect the amount payable to each able to show a very close connection Stolen Generations survivor. have been rushed very, very urgently. However, the Full Court reduced the award with the land, a continuing and very In some of these the officers involved for economic loss from 80 per cent to 65 Speaking to Parliament in August, the real connection with the land and a have gone above and beyond in turning per cent of the freehold value of relevant Minister Kyam Maher said that the continuing sense of disappointment some of these around exceptionally land in the township of Timber Creek. government does not have an exact date and embarrassment and shame about quickly and getting the information for when successful applicants will be having lost the land that was taken The decision is now the subject of special needed as a matter of urgency, rushing advised of the outcome. away from them” he said. leave applications to the High Court to them to make these part payments to appeal against various aspects of the Full “With the much higher number of Considering compensation payable for make sure there is that act of recognition Court’s decision. Applications have been applications than were originally both economic and non-economic loss in a part payment while they are still alive. lodged by all three of the main parties expected, there is significantly more work was the next step, he explained. to the case, the Ngailiwurru and Nungali to do going through the applications, The partial advance payments were “When you came to analyse how much people, the Northern Territory and the assessing the applications, and every around $5000 each to 11 applicants, money should be allowed for the non- Commonwealth of Australia. applicant was given an opportunity to the Minister said.

Aboriginal Way, Spring 2017 3 Garma an important stop on the road to constitutional reform The Prime Minister and Opposition “To win, we must all work together to build a Leader have responded to the high level of interest and familiarity with the proposed First Nations Voice to concept of a voice, and how this would be Federal Parliament during the different, or the same, as iterations of the annual Garma Festival held at the past like the National Aboriginal Conference Gulkula ceremonial grounds in or the Aboriginal and Torres Strait Islander northeast Arnhem Land. Commission” Mr Turnbull said.

The First Nations Voice was recommended Pat Anderson told The Guardian by the Referendum Council after a national Australia she felt his comments in a consultation process that culminated with press conference following the address a convention at Uluru and the release of “backed completely away from everything the Uluru Statement from the Heart. he’d said” in his speech.

The Garma Festival this year had a strong In his speech to the Garma Festival, focus on the proposed constitutional Opposition Leader Mr Shorten said that reform, with an opening workshop “voting for a constitutional voice is our “Dialogue on Status of Australia’s chance to bring our constitution home, to Constitutional Reform”, co-chaired by make it better, more equal, more Australian”. Referendum Council leader Pat Anderson and Gallarrwuy Yunupingu. He also earlier proposed a parliamentary committee to finalise the recommendations Federal politicians attending also addressed with a view to completing a referendum the questions of a First Nations Voice and proposal by the end of the year. Makarrata in their speeches to the Festival. Referendum Council leaders Meagan Davis The Opposition Leader expressed support for the proposal, while the Prime Minister and Pat Anderson rejected the call for appeared noncommittal. a new committee on the issue, with Ms Anderson telling The Guardian Australia In his speech, the Prime Minister Malcolm that “We need another committee like a Turnbull spoke about the difficulties hole in the head”. in changing the constitution, before acknowledging the request that had been She said any way forward had to be put to the government. through the Australian people, encouraged by a strong campaign. “The Referendum Council has told us that a voice to Parliament is the only option “I don’t know if [parliament] is going to do they advise us to put to the Australian it without considerable pressure from the people. We have heard this, and we will electorate. We’re going to have to do it work with you to find a way forward. again like we did in 1967.”

This page, left to right, from top: Bunggul dancer at opening of Garma 2017; Professor Meagan Davis; Prime Minister Malcolm Turnbull; Oppostion Leader Bill Shorten; Mr Galarrwuy Yunupingu, Chairman of the Yothu Yindi Foundation; Referendum Council Co-Chair Pat Anderson. Opposite page, top: Cultural education in the Youth Forum at Garma 2017. All photos courtesy of the Yothu Yindi Foundation.

4 Aboriginal Way, Spring 2017 Councils consider January 26

Councils around Australia are Darebin resident and 3KND Aboriginal reviewing and changing how they Radio worker Erica Higgins, who was at mark January 26, with the Adelaide the meeting when that council made the City Council Lord Mayor Martin Haese change, said that it was a decision that supporting a proposal for more made community members feel included. inclusive events in the city on that date. “It was a great honour to feel that we The Adelaide City Council has noted a could be involved in changing some of the proposal by its Reconciliation Committee things that haven’t made us feel fantastic that it recognises the impact of Australia over the years” she told Aboriginal Way. Day celebrations and that it adds processes “The council is helping us feel proud of to events on that date to better recognise being part of the greater nation of Australia, the history of Aboriginal peoples prior to proud of our achievements, was a real European settlement. honour and then to be at the actual council meeting where that happened” she said. Reconciliation committee member Ivan- Tiwu Copley put forward the motion. He The Council voted 6-2 in favour of a told the Advertiser that he felt Australia motion that said that “January 26 marks Day should start with recognising the First the beginning of the British invasion of Nations people, followed by a welcome to Aboriginal and Torres Strait Islander country, and then “acknowledge the past lands and oppression of the Aboriginal and the history leading up to settlement and Torres Strait Islander people, and is therefore not an appropriate date for an and then move on”. inclusive national celebration”. Lord Mayor Martin Haese supported the The motion also called on the Council to recommendation, saying the committee lobby the federal government to change “really is a trailblazer”. the date of Australia Day. “It was a very respectful and, I think, Ms Higgins explained why she and others constructive debate. I congratulated the would like the date to change. team afterwards” he said. “What I find often is difficult is Survival Day The Council has noted the and other names that are given to it, it brings recommendation in a September meeting, up a lot of unhappy memories for people. It’s a non-binding recognition of the proposal. not a day that makes us feel included, it’s not In Victoria, Yarra and Darebin Councils in a day that feels like a celebration. inner city Melbourne recently declared that “It’s hard to think that there are newer they wouldn’t hold citizenship ceremonies people becoming Australians on that day on January 26, leading to the Federal when that day started some sad business Government removing their right to hold for our people. The loss of land, the loss Above from top: Erica Higgins and supporters following the Darebin Council’s decision; Darebin Council those ceremonies at any time. of language, the loss of culture” she said. discusses changes to January 26.

Aboriginal Way, Spring 2017 5 New approach to prisons needed

South Australia is long overdue for for them. And they don’t talk a lot. They a new approach to prisons and re- don’t express themselves a lot, they’re offending according to one tireless frightened and they’re very cautious community volunteer. Her comments about speaking to anybody.” come as the Government launches a major reform to corrections policy in According to Mrs Agius, offending is the state. often influenced by difficult backgrounds and once in the system, offenders Heather Agius was awarded SA Female receive very little support or advocacy. Elder of the Year at the 2017 SA NAIDOC Awards. Her award was in recognition “One young lad I did a 9C for, and there of many years of work with Aboriginal was nothing for him. people in the justice system. “He was a very quiet lad, his mother had Mrs Agius works at the Court been on drugs, and he didn’t want to say and at ‘9C’ hearings, both mechanisms anything about his mother that was bad, designed specifically for the sentencing of Aboriginal people accused of crimes. She “I explained to him that he needed to also works at the Aboriginal Legal Rights tell the judge that he is not bagging his Movement (ALRM) as an AVS worker and mother or talking bad about his mother. is a visiting inspector in prisons. It’s just what he’s had to deal with in that She has seen first-hand the challenges life that he had been in. faced by offenders, particularly young “There were just a lot of things that he Aboriginal offenders in the South hadn’t learnt. He was just existing in that Heather Agius with Anthony Wilson and Winnie Warrior at 2017 Lord Mayor’s NAIODC Awards. Australian corrections system. life. There was no door opened for him to Mrs Agius believes that more support for those in prison. “It’s very hard for people, some who have change his life, so he was just existing” and education would enable offenders The Government says it will also support been there very young. It’s very scary she said. to change their lifestyle and reduce re- the development of an Aboriginal offending across the community. Framework for Correctional Services “If that young man had had a case and the investigation of a Community worker, they would have done a whole lot Transition and learning centre to Vale Stephen Goldsmith of things, and paid attention to housing, rehabilitate Aboriginal offenders from support, dealing with the drug issue. remote communities.

“There needs to be life skill programs. The select committee’s report was There needs to be education. A lot of the informed by input from an Aboriginal guys don’t access education because Reference Group – members were: it’s a shame job, they may not even know Cheryl Axelby, CEO of ALRM, Sharon their ABC, so it’s about trying to get them Gollan, Consultant, Paul Tanner, State to move to another level in their lives but Government Senior Aboriginal Justice they don’t because of the shame. Officer, Wayne Miller, Indigenous “I try to encourage them to do it, Community Engagement and Governance because it’s about getting out of the rut officer, Ceduna Aboriginal Corporation that they are in” she said and Allan Jones, Managing Director of Aboriginal Recruitment Training and Currently once people leave prison Employment (ART). there is very little support available says Mrs Agius. On the release of the report, Chair Warren Mundine said that the perspective of “Well there’s none that I know of. Aboriginal people was central to the review. We have ASG, which is the Aboriginal Sobriety Group who support people, “Early on, we decided to appoint there is one man is very good with the a separate Aboriginal Reference group to advise on factors specific The South Australian community Aboriginal guys, doing case work with them and trying to get them on track. to Aboriginal reoffending. This advice was saddened by the sudden passing But he’s only one person and there’s informed the development of all in July of a much-loved community not many others” she said. recommendations within the strategy, leader and cultural educator – with seven recommendations specific Stephen Goldsmith. This situation makes re-offending to Aboriginal people.” common Mrs Agius says. Uncle Stevie was a proud and On the release of the new Government Kaurna man, an inspiration and friend to “They keep going back because they strategy, Department of Correctional many. He was an important part of the haven’t been exposed to a different life Services (DCS) Chief Executive David revival of the through style. You know once they’re in, and Brown said “It is no secret that the South his work at the Kaurna Warra Pintyanthi they’re with their mates, they come out Australian prison system has operated at (KWP) language unit at the University of and they’re with the same people, who are capacity for some time now. Adelaide. He was an influential advisor in the same positions that they are, in a Stephen Goldsmith was awarded Male at the Museum of South Australia and very depressed state. And so often drugs Elder of the Year for 2017 at the Lord “This growing incarceration rate, which Art Gallery of South Australia. are the only way out for them” she said. Mayor’s NAIDOC Awards, and the Premier includes high levels of reoffending, demonstrates a clear need to implement Uncle Stevie performed traditional dance acknowledged his contribution at the Her comments come as the State new responses that engage the broader with his Taikurtinna (“family”) dance Premier’s 2017 NAIDOC Awards. Government releases a report on the group and played yidaki and delivered corrections service in South Australia. sector in supporting offenders to live On his passing, tributes flowed in from Welcomes to Country at countless The report was written after a year-long crime free lives. South Australia, Australia and around events, including several Womads both review led by Warren Mundine. the world. His beloved Crows paid public “It is time for a new approach to stop in Adelaide and overseas. Through this tribute to him and wore black armbands The Government says that Reducing the cycle of reoffending” he said. work he helped ensure that culture at the Showdown in August. Reoffending: 10% by 2020 marks a was remembered, respected and For more information on the landmark change in correctional services represented. He was a well-known face Uncle Stevie will be remembered as a Strategy policy in South Australia. due to his long career as an actor in charismatic man who, through his warmth https://yoursay.sa.gov.au/ advertising campaigns, TV and theatre, and disarming honesty was able to tear The strategy will cost $40 million and decisions/yoursay-engagements- most recently in a widely admired down bridges to make a huge personal includes initiatives in accommodation and 10by20sa/about performance in the Adelaide Festival contribution to strengthening culture and support services for those released from production of The Secret River. to reconciliation. prison, as well as education and training http://www.corrections.sa.gov.au/

6 Aboriginal Way, Spring 2017 Aboriginal Legal Rights Movement now a community-based corporation

After more than 40 years as a community association, South Australia’s Aboriginal Legal Rights Movement (ALRM) has changed its own legal foundation to become a corporation, but it will retain its community focus.

At a General Meeting held in Adelaide recently, it was formally agreed to change the status of the Movement from an Association to that of a ALRM Board members following the change of status – left to right: Michael Coughlan, Sandra Saunders (Chair), Sandra Miller and Lucy Evans. Company Limited by Guarantee. “The ALRM Board of Management found open to the community and make sure of our ability to grow and our ability According to ALRM Chairperson Sandra that the opportunities for the Movement that opportunities for participation and to connect with community. Saunders, the change was necessary for under ORIC would be far more limited membership of the Movement remain open. One significant impact of the change is the organisation to continue to receive than our current structure. that Aboriginal South Australians will no funding from the Federal Government. “We are still all about our community “We considered all of the legal and longer automatically be members of the and membership, and getting our mob “Organisations which get funding under community issues, in the end decided Movement, but need to apply to join. involved, that won’t change” she told that it was better to change the status the Indigenous Legal Assistance Program The ALRM welcomes and encourages of the Movement to that of a Company the meeting. Funding were told they need to be all Aboriginal South Australians to apply Limited by Guarantee” she said. incorporated under The Office of the “We think the new structure will to become members – contact the Registrar of Indigenous Corporations, According to ALRM CEO Cheryl Axelby, provide new opportunities for ALRM ALRM for an application form known as ORIC” she explained. the organisation will continue to be and our stakeholders, both in terms https://www.alrm.org.au/ Successes in shared management of country

Almost one hundred delegates met at He said that “many native title rights Wilpena Pound in the Ikara-Flinders stem from laws, customs and practices Ranges National Park in early embedded in and from country”. September for a two-day workshop to Native title is about caring for country he discuss and develop co-management said, and includes looking after important of parks in South Australia. places, hunting and gathering, the use of It was the third Co-management workshop fire, ceremony and cultural knowledge. that has been held in recent years, and it was hosted by the Ikara-Flinders Ranges “The basis and viability of the native National Park Co-management Board on title group stems from and relies on country. the environment” he told delegates.

Co-management in South Australia “Healthy country, health people, healthy is a partnership between the state culture is an apt description” he said. Government and Aboriginal groups to He pointed out that co-management manage national parks in a way that arrangements are often established brings together traditional knowledge and alongside the determination of native title. contemporary park management practice. “This is because native title brings Across the state there are eight co- certainty as to who the Traditional management boards and four advisory committees with management or Owners are for a certain area. advisory responsibilities for 35 parks, It confirms ongoing physical, cultural covering 13.5 million hectares, or and spiritual connection to country. 64 per cent of the state’s reserves. National parks often represent important parts of country for native title groups. Acting Environment and Conservation Co-existence and often mutual interests. Minister Susan Close said that co- management is strongly supported in Looking ahead, Mr Thomas said that South Australia. co-management faces challenges into the future, including issues of governance, “Co-management recognises Aboriginal relationships, ownership and leases,

people as the original custodians of the Photos courtesy of Adealied Bushwalkers. business opportunities and increasing land and acknowledges the importance opportunities it opens up in future” Delegates also heard from speakers of the customs and knowledge that have Aboriginal employment. Minister Close said. from the New Zealand Department been passed down through generations He also said that handing over full of Conservation, who gave a Maori of Aboriginal South Australians. The workshop began with reflections management of parks must remain on perspective of joint management in by South Australian groups who have “It also helps reconnect Aboriginal that country. the Government’s agenda. been involved in co-management. communities to their country, and supports The Ikara-Flinders Ranges National The links between native title, “Legislation has enabled the culture, story-telling and language. Park Co-management Board and the Aboriginal Regional Authorities, Treaty establishment and operation of these “We are committed to this partnership Vulkathunha-Gammon Ranges National and Co-management were discussed boards, their success is evident, and approach because of the great outcomes Park Co-management Board shared by SA Native Title Services (SANTS) ongoing capacity development should we have seen to date and the enormous their thoughts on the journey so far. CEO Keith Thomas. support handover” he said.

Aboriginal Way, Spring 2017 7 Walking Kaurna country Kaurna Elder and passionate cultural know Karra Wirra Pari, which is red gum educator Frank Wanganeen (pictured forest river, and Pilta Wadli, which is the right) has been recognised for his first Kaurna language school down by significant contribution to the lives of the weir. And now we incorporate the Aboriginal South Australians though Aboriginal War memorial, for the soldiers his commitment to reconciliation that have fought in all the wars, the Boer and the preservation of Kaurna War right through to the present wars culture and language. today” he said.

He was the recipient of the Premier’s Mr Wanganeen has been involved in NAIDOC Award for 2017. the revival of the Kaurna language since early days and marvels at how strong Mr Wanganeen is a Kaurna Elder born the language has become. at Wallaroo on Narungga Country. His mother was living at Point Pearce at the “I mean now they’ve got a learners’ time of his birth, but the local hospital guide and they’re using technology with did not allow Aboriginal women to have YouTube and so younger people are their children there. embracing it.

“The closest hospital wouldn’t allow “We’ve just recently had a choir and Aboriginal women to give birth to their they’re singing some of their hymns in Update from the babies. So the women had to go an language, which is good. extra 60km to Wallaroo to give birth to their children. And it’s unfortunate, some “It’s really good that people are getting Lands Paper Tracker women going up there, they had to give up and singing in language, a lot of birth on the way up to Wallaroo.” people they get overawed by seeing that Advocacy and lobbying The submission opposes the happening now. extensions and expansions of the The Anangu Lands Paper Tracker has His home of Point Pearce has been Card because Government has not Mr Wanganeen is also involved in been very busy advocating and lobbying through drabmatic changes as consulted with the communities who government policy changed, heritage work across Adelaide. about a number of issues and government are affected and it does not have Mr Wanganeen explained. policies, programs and services that “Well heritage has been really important. reliable evidence to show that the affect Anangu communities. In particular, “Around ’68 I suppose, that was really a Because you get the opportunity to go out Trials are helping people with drug, we’ve focused on: challenging time with legislation that really on country with our elders. And of course, alcohol or gambling problems. now a lot of our elders are passing on. impacted on a lot of Aboriginal people – • Amendments to the And I just see it as those elders passing self-determination, self-management. APY Land Rights Act on the baton to me and that I will “I mean it sounded good, but when they In May 2017, the Minister for eventually want to pass the baton on. take resources away, it’s like pulling the Aboriginal Affairs and Reconciliation, rug from under your feet, from being “You get to go and see a lot of the Minister Kyam Maher, introduced the a strong community, self-sufficient to country, it’s unfortunate in Adelaide you Anangu Yankunytjatjara seeing people losing their jobs and can’t get access to country a lot because Land Rights (Suspension of Executive coming off the mission to Adelaide to there’s gates and things that don’t allow Board) Amendment Bill 2017 into get jobs and all those types of things you to walk country.” Parliament, to amend the APY Land was very unfortunate.” Mr Wanganeen is passionate about Rights Act. These amendments grant People managed to survive through reconciliation and removing barriers the Minister for Aboriginal Affairs the taking on any employment in Adelaide, to understanding. power to dismiss the APY Executive Paper Tracker Radio Shows Mr Wanganeen said. Board for whatever reason he/she The Anangu Lands Paper Tracker has “I think it’s important, people are thinks fit. The amendments to the “It’s all about survival and if you don’t becoming more conscious now, want broadcast a range of radio shows, APY Land Rights Act were accepted have a job you have to go out looking to know more about Aboriginal culture, including interviews about the importance by both houses of Parliament. It is and of course a lot of them, the skills now they’re starting to engage and want of language and interpreting; ways to understood that there is currently that they had was like farming, lumping, to hear from Aboriginal people, which is prevent trachoma; community-based shearing and doing the council work really good. a High Court challenge regarding dialysis; the Cashless Debit Card and around the place, so when those sorts of these amendments to the Act. its impact on communities; the role of “Like in my journey, you can see the jobs left they had to come into Adelaide the Prime Minister’s Indigenous Advisory changes and people now wanting • Community Development and they had to either work down by the Council; Treaty discussions; the NDIS; the to embrace Aboriginal culture, even Program (CDP) wharves doing lumping and other hard high incarceration rate; the Community language, they want to you know name The Anangu Lands Paper Tracker labour skills” he said. Development Program (CDP); the Uluru things in their organisations or just in made a submission and presented Those sorts of challenges make the many their personal lives, which is good. to the Senate Inquiry into the CDP Statement; Alinytjara Wilurara; Aboriginal achievements of Aboriginal people more and its impact on communities. Community Connect; ear health and noteworthy, Mr Wanganeen believes. “Well I always think of it as an opportunity, hearing loss; the Bikes Palya project; aged to be able to build bridges. Because • Cashless Debit Card care services; and many more. “But you see it now there’s a lot of there’s a lot of fear with non-Aboriginal Trials of the Cashless Debit opportunity for Aboriginal people, you people, you know they don’t know how to Card were set up by the Federal You can listen to the radio shows at can see people becoming nurses, approach an Aboriginal person, so its fear. Government in the Ceduna and Far http://www.papertracker.com.au/ doctors, lawyers. I want to make the most of the opportunity West Coast communities and in category/radio-programs/ “Now we see more good role models and get in there and hopefully break the East Kimberley. Everyone on We’d love it if you ‘liked’ our Facebook down those stereotypes that people do around in our community and that ceiling welfare benefits in these locations page and posted your comments. have about Aboriginal people and I think has really risen, from your expectations has had 80% of their welfare money it’s only what they see on the media, you of being on a mission. You think, oh quarantined – they can only get you’re just going to be a truck driver or know they only see the negative side of 20% of their money in cash. This is something like that but now the ceiling Aboriginal people. supposed to stop people using their has risen high.” “So I try and put a different perspective welfare money on alcohol, drugs Mr Wanganeen operates Kaurna Cultural or create an awareness to the non- and gambling. The Paper Tracker Walking tours and shares his knowledge Aboriginal people that we are a part of prepared a submission to the Senate of the Adelaide area with people this community and we want to try and Inquiry about the Social Services interested in Kaurna culture. make a difference in our community. Legislation (Cashless Debit Card) “The Adelaide City Council, they’ve dual “We’re a multicultural society and Bill 2017. The Bill proposes that the named a lot of places with the Kaurna everybody should be recognised trials of the Cashless Debit Card are language. One site – Tarndangyanga, and respected for their own culture” extended and that new trials can be which is place of the red kangaroo, you Mr Wanganeen said. started in more communities.

8 Aboriginal Way, Spring 2017 Yami Lester farewelled at state funeral Yankunytjatjara leader and anti- just moving, through the trees and nuclear campaigner Yami Lester above that. It was just rolling and moving OAM has been farewelled at a state quietly” Mr Lester had described. funeral held on his traditional lands For decades Mr Lester kept on speaking at Walatina Station in the Anangu up about what had happened to his Pitjantjatjara Yankunytjatjara (APY) people, resisting government denial lands in northern South Australia. of the impact of the tests. Over 400 people paid their respects “In 1982 Yami heard the Chair of the to a man celebrated as a survivor and Safety Committee for Emu Fields speak advocate for the victims of nuclear on radio. That man told the listeners that testing, staunch land rights campaigner no Aboriginal people had been harmed and interpreter and champion for Anangu. by any of the tests, in fact they’d all been Family, friends, colleagues, community well looked after” the Premier said. members and state and federal politicans Mr Lester was angry to hear this and gathered a stone’s throw from Walkinytanju immediately set about raising awareness Creek, where Mr Lester was born 75 years of the true impact of the tests on Anangu. ago. Dignitaries attending included The That work led to the McClelland Royal Governor Mr Hieu Van Le, Premier Jay Commission, which recommended a Weatherill, Minister for Indigenous Affairs clean-up operation to restore the country Nigel Scullion, Minister for Aboriginal Affairs Kyam Maher, Opposition Leader Steven and group compensation. Marshall and Senator Patrick Dodson. Those present at Walatina were reminded The Premier said they were gathered to that Mr Lester was concerned with the farewell a remarkable citizen of the state. welfare of Aboriginal people throughout his life. As a young man he was a welfare “Yami Lester was a man of compassion, worker and interpreter with the Aboriginal resilience and warmth. He was dedicated Advancement League and later with the to improving people’s lives and to Institute of Aboriginal Development (IDA). righting wrongs.” Helen Liddle, who worked with him at the “By his actions over many decades he IDA recalled Mr Lester as a true leader has helped us understand the Aboriginal and good friend. cultures that have enriched this land for tens of thousands of years.” “He was my mentor, my work mate and my dearest friend” Ms Liddle said. His children continue to carry forward Mr Weatherill reminded mourners how that legacy, with youngest daughter Mr Lester witnessed the “horror” of “Yami was a smart man, a kind man and Karina recently addressing the UN on a man held in high regard. British Government nuclear testing at the successful proposal for a nuclear Emu Fields in 1953 and became blind “I learnt so many things from him and so non-proliferation treaty. from the effects of those tests as a did many others around him” she said. young man. The Premier recounted Dave Sweeney, anti-nuclear campaigner Mr Lester’s later account of the tests. It was in his work with the Pitjantjatjara spoke at the service of Mr Lester’s long land Council that Mr Lester contributed to activism against nuclear weapons and “I heard a big bang, a noise like an the introduction of the APY Land Rights the pollution from nuclear processing. explosion and later something came in Act by the South Australian Government. the air. It was coming from the South “His story is now part of our national with black like smoke. I was thinking it “He’s the one who put the “Y” in the APY story – “I hear I talk, I touch, but I am might be a dust storm, but it was quiet, lands” the Premier said. blind’” Mr Sweeney said. State funeral for Yami Lester at Walatina Station. “In a world without nuclear threats and risks, He was also there when Uluru-Kata Tjuta Yami would have been a great stockman. was handed back to Traditional Owners, “In a world with nuclear threats and risks, News on Nuclear acting as interpreter for the Governor, the he cracked his whip loud, hard, sharp and Nominations have opened for a Government’s shortlist for the nuclear Minister for Indigenous Affairs reminded those gathered. constant to sound a different alarm. Consultative Committee on the waste facility. possible establishment of a National Old friend and Chairperson of Kokatha “And we owe him a great debt” he said. Bruce McCleary, General Manager of the Radioactive Waste Management Aboriginal Corporation Chris Larkin National Radioactive Waste Management The service included a performance by Facility near the town of Kimba at delivered a personal and emotional Taskforce, said that the committee would singer songwriter Paul Kelly of his 1985 the top of the Eyre Peninsula. eulogy at the service. continue the discussion over the nuclear song Maralinga, which was inspired by The Federal Government has made the waste plans. “I don’t want to tell you about the big Mr Lester’s story. announcement as it continues to explore achievements – you can Google that” “This Committee is a key conduit between My name is Yami Lester three possible sites for the nuclear waste he said. I hear I talk I touch but I am blind in South Australia. the community and the Government, and will reflect the successful model already in “I just want to talk to you about how we My story comes from darkness They say that the formation of the place at Barndioota” said McCleary. knew him as a man – my family and his Listen to my story now unwind Kimba Consultative Committee is an family, and what he meant to us and how he This is a rainy land A Consultative Committee for touched us and was an inspiration to us.” important next step in the consultation First we heard two big bangs Barnidoota was established late last and technical assessment process for Mr Larkin spoke of Mr Lester’s warmth, year. An Economic Working Group (EWG) We thought it was the great snake the waste facility which is now underway bravery and sense of humour. in the Kimba area. A Community Liaison has now also been established as part digging holes Officer has also recently been appointed of the Phase Two consultation for the Mr Lester was an activist against nuclear in Then we saw the big cloud in Kimba. nominated site. any form throughout his life. In recent years Then the big back mist began to roll he testified to the state Royal Commission This is a rainy land Two potential sites near Kimba and For more information on the Federal looking at establishing a nuclear waste one site at Barndioota near Hawker Government’s nuclear plans: storage facility in South Australia, a plan Yami Lester was laid to rest on his are the only locations on the Federal http://www.radioactivewaste.gov.au/ that has now been shelved. country at Walatina Station.

Aboriginal Way, Spring 2017 9 Our column in review features reviews and stories on Aboriginal writers, artists and musicians. We welcome your feedback and suggestions. So if you know of a new work about to published or an artist or musician please contact us on (08) 8110 2800. APY Art on show at Tarnanthi Festival

This year’s Tarnanthi Festival of Art Fair on the opening weekend, where Contemporary Aboriginal & Torres collectors will have a chance to to meet Strait Islander Art has a focus and buy works of art direct from artists. on the seven art centres that In a major exhibition at the Art Gallery span the Anangu Pitjantjatjara of SA, monumental collaborative Yankunytjatjara (APY) Lands. paintings created by the matriarchs and Anangu artist from Amata patriarchs of the Anangu Pitjantjatjara says the role of an artist is an important Yankunytjatjara (APY) Lands in 2016 will one in the APY Lands be on show. Freda Brady, Wawiriya Burton, Angkaliya Eadie Curtis, Tjangili Tjapukula George, Sandra Goodwin, “The role of the artist is the same in cities Kulata Tjuta – a work for Kunmanara Beryl Jimmy, Nyurpaya Kaika Burton, Iluwanti Ungkutjuru Ken, Sylvia Ken, , Manyitjanu (Gordon) Ingkatji was created by 23 men, Lennon, Betty Muffler, Matjangka Nyukana Norris, Mary Katatjuku Pan, Betty Kuntiwa Pumani, Antjala as it is in the bush – it’s a respected Tjayangka Robin, Alison Munti Riley, Tjariya Nungalka Stanley, Carlene Thompson, Maringka Tunkin, position. Artists out here are known for both senior and emerging artists from Jeannie Wallatina, Judy Wallatina, Puna Yanima, Yaritji Young, Kungkarangkalpa – Seven Sisters, 2016, Fregon, South Australia, synthetic polymer paint on linen; Acquisition through TARNANTHI: Festival being brave and adventurous, we push new the APY Lands. This installation includes of Contemporary Aboriginal & Torres Strait Islander Art supported by BHP 2017, Art Gallery of South a large painting and seven kulata (spears) Australia, Adelaide. © the artists, courtesy of Ernabella Arts, Iwantja Arts, Arts, Mimili Maku Arts, ideas while still protecting and keeping , Tjungu Palya, photo: Saul Steed. our Tjukurpa (Dreaming stories) strong and miru (spear throwers) laid out on the for our children and grandchildren … this ground as a memorial. is important for them to see” she said. The names of senior men who have The work of the APY artists will appear passed away are marked onto the miru, across the city, including at the Tarnanthi including Kunmanara (Gordon) Ingkatji, who spent his life teaching people about

in review in Anangu language, law and culture.

Kungkarangkalpa – Seven Sisters, celebrates the shared ancestral Tjukurpa of 24 women artists, both established and emerging.

This immense and vibrant canvas radiates with stories of custodianship, collaboration and Country.

The Tarnanthi Festival opened on Alec Baker, Eric Kunmanara Barney, Taylor Wanyima Cooper, Pepai Jangala Carroll, Sammy Dodd, Ronnie Douglas, Stanley Douglas, Arnie Frank, David Frank, Witjiti George, Rupert Jack, Willy Kaika Burton, 13 October with exhibitions and Brenton Ken, Freddy Ken, Ray Ken, Peter Mungkuri, Vincent Namatjira, David Pearson, Jimmy Pompey, Willy Muntjantji Martin, Mick Wikilyiri, Mumu Mike Williams, Anwar Young, Kulata Tjuta – A work for events in many venues across the Kunmanara (Gordon) Ingkatji, 2016, and Amata, South Australia, synthetic polymer paint on linen city and beyond. For full details visit: and hand-carved wood; Acquisition through TARNANTHI: Festival of Contemporary Aboriginal & Torres Strait Islander Art supported by BHP 2017, Art Gallery of South Australia, Adelaide. Courtesy the artists, https://www.tarnanthi.com.au/ Ernabella Arts, Iwantja Arts, Kaltjiti Arts, Mimili Maku Arts, Tjala Arts, photo: Saul Steed.

Betty Kuntiwa Pumani, Pitjantjatjara/Yankunytjatjara people, South Australia, born 1963, Perentie Bore, South Australia, Antara, 2017, Mimili, South Australia, synthetic polymer paint on linen, 300.0 x 200.0 cm; Courtesy the artist and Mimili Maku Arts, photo: Saul Steed.

10 Aboriginal Way, Spring 2017 Looking ahead for native title With a growing percentage of The Gove Land Rights Case in the was ignored by other states until the Australia now subject to determined Northern Territory was another Mabo Case. native title, remaining applications significant development that grew Eddie Mabo was a traditional owner of face real challenges, according to from opposition to mining on country. the Murray Islands in the Torres Strait. retired Justice John Mansfield. The case ended in 1971 when Justice He wanted to claim ownership of his own Blackburn dismissed the case due to country. He was in a better position to do At the Inaugural Mansfield lecture the principle of Terra Nullius. created in his honour, Justice John that than many in the mainland, because Mansfield recounted a history of Justice Mansfield explained that the there wasn’t that type of acquisition in native title in Australia reflected Gove case led to the 1973 Woodwood that area Justice Mansfield pointed out. Royal Commission, and that drove the SOUTH AUSTRALIAN on the challenges ahead. In the ten years that the case ran, the introduction of the Aboriginal Land Government of Queensland tried twice NATIVE TITLE SERVICES He said that a central challenge for Rights Act of the Northern Territory, Aboriginal people now in proving “a very significant piece of legislation, to frustrate the Mabo case. Firstly it continuity of connection with their tried to compulsorily acquire the land. but confined to the Northern Territory Level 4 land was the passing of time. because that was the only area that That was found to be not allowed under 345 King William Street the Commonwealth had the power to the RDA. The Queensland Government “If you go back twenty or thirty years, legislate on that topic”. then challenged the validity of the ADELAIDE SA 5000 there were a whole lot more people who RDA unsuccessfully. remember, because they were taught “What it did was to say that where The Government then passed an act to by their parents, the stories and the there is unalienated Crown Land, if the wipe out any ownership of land in the Editor traditions and the relationship with land. Indigenous people could establish that Torres Strait. In 1988 in the case Mabo Keith Thomas And you go back fifty years, there was they were the traditional owners, the #1, that was declared invalid. so much more. Land Commissioner could recommend to the government that the grant of that land It was after that the final Mabo Case took “Now we’re another two generations Communications Officers be made to those traditional owners”. place, first in Queensland then in the away, if we haven’t taken the step of Lucy Kingston “That was very successful and now High Court, in one of its most significant preserving the stories of those older Kaliah Alice something like 50% of the Northern judgements – Australian law was declared people, younger people to a degree Territory is Indigenous owned” he said. to recognise Indigenous communal struggle in some respects, to tell the interests in land, subject to the radical stories, to remember the things which The Racial Discrimination Act (RDA) title of the Crown Designer they learnt, or the learning doesn’t which required equal treatment for all Alison Fort happen for them. Australians, including in the ownership The Mabo #2 case was decided in 1992. of land, was introduced at the same “So the courts and the anthropologists “If you read the Mabo Judgement you time as the Land Rights Act. have to understand that difficulty and will see how vehemently the Judges Advertising Enquiries be sympathetic to recognising that it In 1981 South Australia passed its APY expressed and appeared to understand (08) 8110 2800 still reflects a traditional connection with Anangu Pitjantjatjara Yankunytjatjara Act the nature of that relationship with land” he told Aboriginal Way. – “giving in effect the top left hand country” Justice Mansfield said. corner of the state to those people”. Circulation Retired Justice Mansfield said that That decision led to the introduction of the second challenge for native title Justice Mansfield said that other than the Native Title Act and recognition of 10,000 continues to be resourcing. that APY Act, the Land Rights process native title in Australia.

“Every claim has to be supported by an If you have any stories anthropological report that reports the of interest to our readers, evidence and does the genealogy to show please address any the necessary continuity and that’s not correspondence to: something that the court can control, or anyone else, that’s just a matter of doing [email protected] the work, through groups such as SANTS.

“It’s going apace, South Australia’s probably as well placed if not better Aboriginal Way placed than most others, there’s several South Australian claims to go, but not an intimidating Native Title Services number, so administratively the problem Level 4 is simply applying the resources to be 345 King William Street able to progress the claims” he said. ADELAIDE SA 5000 In the lecture at UniSA, Justice Mansfield recounted the history of recognition of Ph: 8110 2800 Indigenous land rights, beginning with the Fax: 8110 2811 assumption of Terra Nullius in 1788. He FREECALL: 1800 010 360 briefly spoke of the major steps that had led to the Native Title Act.

He spoke of the Yirkala Bark Petition to The Editor has the final Federal Parliament in 1963, where people decision on all stories and opposed the establishment of a Bauxite advertising that appear in Mine on their country and about the 1966 this publication. The Wave Hill Walk Out, where Aboriginal stockmen went on strike against their wages and conditions.

The 1967 referendum was an important milestone in recognition of Indigenous rights in general, he said “It was a big step and the www.nativetitlesa.org fact that it was so late was shameful”. Retired Justice John Mansfield at the Inaugural Mansfield Lecture.

Aboriginal Way, Spring 2017 11 Native Title Areas in South Australia

Get Aboriginal Way Individuals or organisations can request free copies of this ISSUE 68 publication. Complete the form below and mail to 4/345 King William Street, Adelaide 5000 or email details to [email protected] Name: ______Address: ______Postcode: ______Phone: ______Email: ______Radio program No. of copies: ______Aboriginal Message… …airs each week on Wednesday at 3.30pm on 101.5FM in Adelaide. If you have an interesting story or event that you would like to share on radio, please contact Lucy Kingston on (08) 8110 2800 www.nativetitlesa.org or email [email protected] Listen online at http://radioadelaide.org.au/tags/aboriginal-message/

12 Aboriginal Way, Spring 2017