Aboriginal Way www.nativetitlesa.org Issue 66, Autumn 2017 A publication of South Australian Native Title Services

Above: Greg Hughes, Quentin Agius, Fred Agius and Raymond Agius at Survival Day 2017. Full story on page 9. SA Treaty talks underway Aboriginal people in South Australia Dr Roger Thomas, a Kokatha, Mirning Shortly after commencing the role, the who would be represented in a treaty, are being asked to share their ideas man, and an experienced educator Commissioner attended a meeting of including who would be recognised as the about what treaty with the State and leader, has been asked to consult statewide representatives of native title Aboriginal representatives to a treaty and Government might look like. with Aboriginal people on a suitable groups in Port Augusta. He provided how a treaty could be structured. framework for what could be considered details of the task the government had Following an announcement by the South The Commissioner told the peak group in a treaty. set him, and asked those present to start Australian Government in December 2016 of native title groups and Aboriginal Way to think about some of the key questions that the Government would commence a Commissioner Thomas has also been that the Government had commenced about treaty. the engagement with a blank sheet and conversation about treaty with Aboriginal asked to provide advice to the Minister not having a preconceived or preferred people, a Treaty Commissioner has been for Aboriginal Affairs on the treaty making He wants people to consider as a starting model for what could be in a treaty. appointed and has begun a series of talks process between the government and point the purpose of treaty, the key with Aboriginal people across the state. Aboriginal people. principles that should be included in treaty, Continued on page 2

Inside: Apologies and denial 4 State and Federal nuclear update 11 Stolen generations reparations applications update 13 In Review – The Secret River 14 SA Treaty talks underway

Above: Treaty Commissioner addressing statewide representatives from native title groups at meeting in Port Augusta in March.

Continued from page 1 opportunity to be able to express their In response to discussion about Regional involves me putting to the Minister views about what they think a treaty is Authorities, Dr Thomas said: about the time frame issues. Look that “The brief that has been given to me and where they might fit into the treaty aspiration was one that was clearly an does not come with a pre-conceived “The government has done some process and discussions. unrealistic one, or one that didn’t have view, model or a position in terms of important work on resetting the the full regard for the extent and the what a treaty model might look like, who “So it’s going to be very challenging, relationship between Aboriginal people diversity, and more importantly I think the treaty should be with and any of the it’s going to be certainly one that will and the government through the the respect that we have to afford to the other elements that could form a treaty,” require us all to come together and to Regional Authorities and they are one Aboriginal community, to be able to go Dr Thomas said. work collaboratively and cooperatively of the groups I need to speak to in this away and think about it, to be able to with each other to get the best and the consultation on treaty.” “The government have made it clear caucus amongst their communities and strongest voice about what a treaty to me through the Minister that this is One representative said that it is their groups. And that’s where I suppose might mean for us as Aboriginal people a priority for the Aboriginal community important to have an understanding of it’s my job as Commissioner is to put in this state.” to express what they see as being the the legislative frameworks that exist that case to the Minister and renegotiate priorities for what is in a treaty and who At the meeting, Dr Thomas put several and how that has had an impact on what timeframes they are expecting that treaty might be between and I can questions to the audience to consider all of those policies and changes and to ensure that we get the best result say that quite clearly my role is to go what treaty could be used for. amendments to relevant laws over the here, rather than one that’s going to be and commence the conversation with last hundred years. rushed. I’m not saying that as a criticism Aboriginal people,” he said. He said it could be seen as a tool for of government, but I’m just saying that recognition and reconciliation. It could be “Because while it’s fine to say that these they were quite keen to get something Dr Thomas said that consulting with a way to reset the relationship between things are on the table and we’ve got immediately so that we could at least Aboriginal people in South Australia Aboriginal people and the Government to go and do that, but there are certain get it on the table and get it moving, on treaty was a complex matter. and a tool for addressing past wrongs. legislation that stops us from doing and I think now it’s probably going to be certain things so how do we be able to “Well that’s where it becomes very “It’s about putting everything on the needing just to be extended a little bit put ourselves in a position to be able to challenging and also the diversity of it is table and making sure our voice is more. So that’s my impression at this reshape that and change that?” they said. going to be quite significant,” he said. heard,” Dr Thomas said. stage,” said Dr Thomas. The statewide representatives of native “We’ve got a lot of different elements One of the first questions put to As the result of different representations title groups expressed concern over and characteristics to our state, where Dr Thomas by native title representatives to the Minister about the concerns about the timeline given to Dr Thomas, and we have the three landholding bodies, was whether treaty would be embedded the very short time frames, including the SA Native Title Services has written a namely Maralinga Tjarutja, APY legislation into the South Australian constitution. Commissioner raising those concerns and also the Aboriginal Lands Trust. letter on behalf of that forum sharing directly with him, the Minister for We’ve got in the group we were having Dr Thomas responded that “if we as this concern with the Minister. Aboriginal Affairs has agreed to extend the conversations with today, the native Aboriginal people want to present that the due date for the Commissioners Dr Thomas himself agreed that the title groups, so we’ve got over 20 plus view in our submissions, then that’s what report on a proposed Framework for timeline is looking difficult. native title groups that either have got goes forward. If it goes legislatively or a treaty until the end of July 2017. consent determination already, or they constitutionally, that’s what we have “They have provided me with I suppose Engagement with Aboriginal are in the process of an application for to discuss during the engagement an indicative timeframe and that people by the office of the Treaty native title. sessions,” he said. timeframe is to look at having draft Commissioner continues. legislation for the current government to “So we’re going to listen to their views One Native Title representative asked have in both houses of parliament by the More information on SA Treaty and and importantly we’ve got to have for clarification on the role of Regional winter sitting of this year. the Commissioner: regard for all other Aboriginal groups, Authorities in this treaty making process. http://www.statedevelopment. organisations and individuals from The government stated on announcing “Now that obviously is becoming quite sa.gov.au/treaty across all of South Australia. This is to the treaty that the newly formed Regional I suppose challenging to achieve, given ensure that as many Aboriginal people Authorities would be the first place that the diversity of our communities. So Written feedback welcome: as possible are afforded the same discussions would start. there may well have to be a case that [email protected]

2 Aboriginal Way, Autumn 2017 Native title holders continue work to re-establish a statewide voice Representatives from native title Other issues discussed over the weekend groups across South Australia included an update on the Aboriginal met in Port Augusta in March to Heritage Regulations and Guidelines, discuss issues of common concern, the Native Title (ILUA) Amendment Bill including treaty and to further and the Mining Act changes. progress the establishment of a new representative organisation. As also reported in Aboriginal Way, a large part of the meeting was taken up The CEO of SA Native Title Services, with hearing from the new Commissioner Mr Keith Thomas, invited all native for Treaty Dr Roger Thomas and title groups in the state to send considering key questions for the representatives to the meeting. upcoming treaty discussions. Details of the proposed statewide body, including objectives, membership Native title representatives agreed they and board make-up were discussed. would take those discussions back to A working group is now tasked with their own communities and took the taking those decisions to the next opportunity to connect with the treaty step towards registration. office staff.

Top: Sign of the times! Above: Statewide native title representatives at meeting in Port Augusta in March. Amendments to Racial Discrimination Act An amendment to the Racial Luke Pearson, the founder of IndigenousX Nick Xenophon and the Tasmanian the legislation on the basis that it enabled Discrimination Act has been social media platform, said in an opinion Independent Jacqui Lambie. free speech and that it did not remove rejected by the Federal Parliament, piece during the debate that damage protection from racist speech, but altered Labor Senator Pat Dodson said during would be caused whichever way the final the test to a more reasonable level. but the long debate has increased the debate that “the changes to 18C vote went. the acceptability of racism in of the Racial Discrimination Act 1975 “This is not primarily a debate about race. Australia and damaged trust “Even though the changes to 18C will proposed by this government weaken the It is a debate about free speech,” Senator between the Indigenous community likely not make it through parliament, protections for Australians against racial Brandis said. “Not a single country in the and the Prime Minister, according Turnbull’s support for them has hate speech and racial discrimination”. entire world has a section 18C.” to one commentator. guaranteed an upsurge in the already Senator Dodson was also present at the The Government was successful in A bid by the Federal Government horrific levels of racism many of us Senate Inquiry into the amendments, passing another aspect of the legislation to amend section 18C of the Racial experience on a daily basis. And when when the chairman of the inquiry, Liberal changes – procedural changes to how Discrimination Act and make it lawful the changes eventually fail, this too will Senator Ian Macdonald refused to allow the Australian Human Rights Commission embolden racists to exercise their ‘rights to offend, insult and intimidate others an Aboriginal Legal Service to present on handles cases, which make it easier to to be bigots’,” Mr Pearson said. on the basis of race was voted down in the legislation. dismiss vexatious complaints and require greater transparency for defendants. the Senate in March after an extended The Government’s amendments were Attorney-General George Brandis debate, including a rushed and voted down by Labor, the Greens described the defeat of the legislation as Further information is available at: controversial Senate inquiry. and some crossbenchers, including a ‘sad day’. Coalition MPs had supported http://indigenousx.com.au/

Aboriginal Way, Autumn 2017 3 Apologies and denial While it is nine years since Prime experience of the people he spoke to Minister Kevin Rudd presented amounted to a systematic racism, a national apology to the Stolen which was inflicted particularly on Generation, some Australian Aboriginal families. community members remain Reconciliation SA Co-chair Professor sceptical about the reality of Peter Buckskin asked Uncle Richard this part of our shared history. Campbell what it was like to have his That was a harsh fact faced by over experience denied on the TV program. one thousand people who came together “It wasn’t good, especially David at the Adelaide Convention Centre on Oldfield. That’s what we’ve got to 13 February to mark the anniversary deal with in Australia itself, just actually of the National Apology. saying that we weren’t stolen children The Reconciliation South Australia we were rescued children. But how do event was addressed by Stolen you rescue children that you have to Generations survivors, who spoke of be putting in an institution like that?” their experiences and shared their he asked. feelings about those who refused to Mr Campbell said that the other listen and learn from their stories. celebrities on the program, including Kinchela Home boys Uncle Richard singer-songwriter Natalie Imbruglia; Campbell and Uncle Roger Jarratt and TV celebrity and former music industry Cootamundra home girl Auntie Wilma executive Ian ‘Dicko’ Dickson and Moran are Stolen Generations survivors comedian and radio presenter Tom who were involved in the SBS TV series Ballard were willing to listen and learn. First Contact. Excerpts from the program actually had to make a family again, “As soon as you walk in the gate, they hit Professor Buckskin asked Mr Campbell were shown at the breakfast. because we was taken away from you in the back of the head and they say: if he saw discussions like he had had family. And through this experience The TV show featured well known non- on the program as a part of his healing, it actually brought us back together. “You’re not Richard Campbell, Indigenous Australians learning about and he responded that this particular And that healing, every time we get you’re number 28.” the Stolen Generations from survivors experience had helped the Kinchela Boy’s together we heal together, just talking “You’re not black, you’re white.” themselves. Politician David Oldfield home children re-unite. about the situation,” he said. was one of those prominent Australians “You’re not Aboriginal, you’ve got “I’ve only been back together with the He said that the boys in the home and he seemed reluctant to accept no spirituality, you’ve got no family, boys in the last three to four years, and became his family because he had left what he heard from the survivors. they’re all dead.” before that I suppose I was still in the his family behind, so who he grew up In comments made of the program wilderness, but once I got back I felt a with became his family. He had lost his Local woman Jenny Caruso told the he seemed to reject the idea that the real brotherly love again. Because we identity and language. audience at the event that she was

Top: Uncle Richard Campbell. Above: Professor Peter Buckskin addresses Reconcilliation SA event at Adelaide Convention Centre in February, marking the anniversary of the National Apology.

4 Aboriginal Way, Autumn 2017 removed from her family in the Northern Territory in the 1950s.

“As were many of the children in the Northern Territory and there was legislative alliances between the NT and SA in relation to the removal and placement of what were deemed to be half-caste children,” she explained.

Ms Caruso spoke about the impact that the language of that time, including the term ‘half-caste’ had on identity.

Audience members at the event spoke to Aboriginal Way about how the Apology Breakfast and discussions of denial made them feel:

“It’s given me the opportunity to connect with my community and to share in their healing.”

“Well I think it makes me feel really sad that perhaps people can not see, or are using terminology in policies, to explain away their racism.”

“It’s wonderful to be here and support such a significant event – nine years since the apology. For our survivors it’s important that we recognise and support the ongoing healing for them, their families and our communities.” Photos by Patrick Reconciliation Ferguson, SA. “It would be a wonderful thing to see we all recognise the pains of the past, so “We come to live that term because we only done to provide care for children, we can all heal as a country and move forward in the future. But we can’t move are taught to live that term. My aunties did not stand up. forward without recognising our past.” who are here from Croker Island, not only “People say it wasn’t about race. So you “I think it’s disgusting, but the thing is they are ignorant and you’ll never educate are they my Aunties, they are my family, can say, ok it wasn’t about race – it was ignorant people because they are too closed minded to want to know what they are my role models and they are actually happened, because there’s no willingness to open their mind.” my mentors. But if you have a look at us about skin colour. So if it was about skin and you line us up against other mobs colour it was about race. So it’s a very “I just think they’re all so brave, you know they’ve got no anger and they really of people, which is what was done and short argument. And they say it was should have a lot of anger, it’s just disgusting, there’s no reason to be taken out the differentiation was made on our skin about care, it was about care and there of their homes, and they’ll never get that back.” tone, and our facial features as well, and were no policies. To say there were no “I really enjoyed the event, I would like to hear more of the history of the stolen so they were the determinants,” she said. policies is to be unread. To say there generation, I think it’s like a lot of things in the past, we tend to lose contact with were no policies is to show to what extent “They were determined by social science, them, once those people disappear from in front of us. It’s a bit like cultures and you have chosen not to expand your they were determined by anthropologists, languages, once they’ve gone they’ve gone and I think it’s something we should education and your own self-knowledge. and the government took that on. As did never forget.” the social scientists, they made up the And if you are a person in a position of “Really proud and good. And a lot of people would have heard stories that they words and then they said ‘this is the truth’ power who has chosen to do that, you haven’t heard before and that’s good because if we learn about each other that and they built a propaganda around it. have no right to be in that position improves communication and gives greater understanding and we can come A propaganda that affected every single of power,” she said. together as one.” Aboriginal person in the country,” said Ms Caruso. “It’s always very powerful, the recognition and just getting together to see the Top: Apology Day breakfast panel, left to right, Jenny Caruso, Roger Jarratt, Wilma Moran, survival and the strength of the people. And the rest of Adelaide society getting She said that arguments saying the Richard Campbell and Peter Buckskin. together and supporting is really a very powerful thing to have.” removal of children from their families Above left: Jenny Caruso addresses audience. Above right: Stolen Generations survivors light wasn’t a race based policy, or that it was candles at the Apology Day breakfast.

Aboriginal Way, Autumn 2017 5 Uncle Roger Jarratt shares his story Well when I was 11 years old they you actually ate it. So you’d be picking come to the mission, like a big black weevils out before you had your food. car pulled up, and the sergeant from And then they’d as you got older they Bowraville Mission got out with the sent you over the back to milk the cows welfare man dragged us out kicking on the weekend because the big boys and screaming and put us in a car. had the weekend off, and they got you up And then the next thing I know we were a four o’clock in the morning it was dark walking through these gates at Kinchela and you had a little lamp, a little kerosene Boys home and then they took us down lamp and you had to walk down and the to this room where they give you your cattle were still lying down it was still bundle with your number on it and took dark at four in the morning and you’d be all our clothes and burnt them in the tripping over them and you had no shoes incinerator. And I had shoes when I went so your feet and legs and everything to Kinchela, but they never issue any would crack with frost it was that cold shoes at all while you’re there. The only and in your hands and that. shoes they gave you was when you were And you’d bring the cattle back up and at the high school. where they’d actually drop their business, So they burnt all the clothes, they give you’d put your feet in to keep warm. You me a big boys clothes and they were know gumboots would have been magic second hand and they were all cotton, but they never gave any shoes, the only cotton jumper, cotton t shirt, everything shoes they gave you was when you went was cotton. And they shaved my hair bald to high school and every afternoon when with me other brother Philip as well and you come home, like when you went to they took us down to the shower block, go to high school it was a relief because they gave us a big scrubbing brush and you were getting out of that jail, you felt we had to scrub ourselves in this shower, real good because you were going up cold. Then they threw this white powder and you weren’t being pushed around over us and then gave us some clothes and bashed any more. to put back on. By that time it was tea time and they took us in to this big room All the time I was in Kinchela you see where all the other brothers now I know, the boys that were actually molested, where sitting down having their tea. And my second oldest brother Kerry, he you know I just couldn’t eat that day, just was molested, and they walk around couldn’t eat. with their heads down, and for their dignity, you didn’t go up and ask them I was put in a big boys dormitory, my what happened, because you knew what other brother was put in a little boys happened. God almighty, it was unreal. dormitory, and you had a bed, two sheets, one blanket, like it was a woollen I was that depressed I couldn’t learn blanket and that was it, like you were nothing, as they say I was dumb in that cold, it didn’t matter you had to cuddle way, I was in the class at 2G at high up and... school, like that’s the lowest anybody can go. And when I was 14, the manager I cried every night, because I was taken pulled me out because I couldn’t do there, I didn’t know what I had done any better, and I was brought back and missing there for this love. I don’t know she’s... She’s probably looking down and wrong, through my life I’d heard that bad put on work duty until some of the boys what love is, I’ve been looking for it all my seeing what’s going on now, and I hope people are taken and put in jail, and this actually ran away. Because I settled life since I came out of Kinchela but it’s she is, and you know realise that things place was like jail, it was worse than jail down, a job came washing dishes at a like in Kinchela with the boys, that’s my are starting to change. it was like hell. And I cried every night, second family. I lost my original family, hostel, that was my first job, washing We were actually, she signed a letter not so the other boys and the staff didn’t and we were like little monkeys in their dishes and making toast and that and saying that we were only taken for see you. hot bath, all huddling together. That’s all eventually I played football at a club 12 months while she go, she was sick, we had to do, was support each other And of a daytime they gave you a duty where I met my wife and this year and we were supposed to come back and we became very strong together and what to do and you had to do it perfect, we’ve been married 51 years, I’m really 12 months later, my sisters were taken its really good that we got back together otherwise they’d belt you all the time. grateful, you know, that she supported up to Cowper which is up near Grafton to now, it gives us something positive. me all this time. a Catholic Institution and they come back I was born in 1947, we weren’t allowed If you go right back to the day dot when 12 months, but the one time mum came in hospitals because we were Aboriginal When I was taken I was 11 years old, and the convicts first come here we were put down to Kinchela you know I thought the we were passed as fauna, animals, I I was in the process of learning things in a situation we couldn’t get out hunting time was up, then me and my other two was born with my feet turned in crooked to be initiated. Like that when the tea and gathering because they put fences brothers raced up to the gate and said and when I was four years old they took tree used to flower, you couldn’t catch up and said keep off my land black fella, “oh good god we’re going home, me to Sydney and I had an operation on the brim because the brim had fish roes they’d shoot you. So they’d put you on get me out of this hell” and when we got them and I walked around with braces inside, so any other species you could missions and give you rations and the up mum had some biscuits and cordial on for about 12 months, and ever since catch you could eat, and if another tree rations were to buy sugar, flour and tea. and we had a drink with her. that time I walked funny. And staff used species flowered with different other fish, You weren’t allowed to get any meat, or to come up and bash me on the head you’d learn not to when they flower not to At the end of the time mum went back anything and because you couldn’t go out and belt me with a stick because I wasn’t actually take the fish so you are actually to the gates, we were still locked in and hunt to get the meat you’d sit down walking properly. farming your fish as well, not eating them there. And I regret to this day I said to the river and fish, but the thing is when out so you’re going to starve so I was Mum “please don’t come back, you’re They were vicious and cruel and the food they take everything away from you and going to be initiated. hurting me and you’re hurting yourself” that was there was put in a galvanised then they come back and say you are so I’ve regretted that all my life. garbage bin they had back in those days But as I said they come and grabbed a neglected child, the truth is we were and the weevils got into all the pastas, me and I ended up at Kinchela and I neglected by the government that made Uncle Roger Jarratt, Kinchela Boy and the Weet Bix and porridge and lost all my culture, all identity is totally these policies and they made our parents number 12 as he describes himself, everything full of weevils and they’d dish stripped away and when I go back to see look really bad, I feel honestly my mum’s was a speaker at Reconciliation it up to you and if you didn’t eat it you had my family, I know they are my brothers passed now, but the amount of pain she SA’s 2017 National Apology Day to eat it next time you had a meal until and sisters, but I just there’s something had gone through, I feel really sorry that breakfast in February.

6 Aboriginal Way, Autumn 2017 25 years of native title This year marks 25 years since the a commitment to resolve native title historic Mabo case in which the High through negotiation and consent rather What is native title? Court recognised Aboriginal and than litigation. To date, approximately Native title is the recognition in Australian law that Aboriginal people continue Torres Strait Islander’s traditional 56 percent of the State is subject to to hold rights to their land and waters, which come from their traditional laws ownership to country and native determined native title and of the 26 and customs. Those laws and customs must have been acknowledged and title was born. determinations of claimant applications, observed in a substantially uninterrupted way from the time of settlement until 24 have been made by consent. now – National Native Title Tribunal. In 1993, the Keating Government prepared and introduced legislation, “Importantly native title has given Native Title Act 1993 – Sect 223 the Native Title Bill 1993, in response recognition to traditional owners and Native title: Common law rights and interests to the Mabo decision. opportunity to rebuild their nations. (1) The expression native title or native title rights and interests means the Some claims have taken close to According to the National Native Title communal, group or individual rights and interests of Aboriginal peoples 20 years to be determined and others Tribunal 25 years website, ‘There was or Torres Strait Islanders in relation to land or waters, where: are still waiting for their recognition. strong opposition to the proposed (a) the rights and interests are possessed under the traditional laws What we can do now is assist to create legislation by the mining and pastoral acknowledged, and the traditional customs observed, opportunities for groups and help them by the Aboriginal peoples or Torres Strait Islanders; and industries and the debate was fierce and become sustainable,” said Mr Thomas. (b) the Aboriginal peoples or Torres Strait Islanders, by those laws intense, receiving much media attention’. and customs, have a connection with the land or waters; and At the National Native Title Conference After a lengthy and complex (c) the rights and interests are recognised by the common law of Australia. last year, Melissa George, Wulgurukaba consultation process, the Bill passed Traditional Owner and the CEO of North The purpose of the Act is to: through both houses of Parliament, (a) rectify the consequences of past injustices by the special measures Australian Indigenous Land and Sea passing through the Senate on 21 contained in this Act, announced at the time of introduction of this Act Management Alliance Ltd (NAILSMA) December 1993, and receiving royal into the Parliament, or agreed on by the Parliament from time to time, for presented the annual Mabo Lecture. assent on 24 December 1993. The securing the adequate advancement and protection of Aboriginal peoples Native Title Act (Cth) commenced In terms of how far we have come, and Torres Strait Islanders; and operation on 1 January 1994. Ms George said we are still struggling (b) ensure that Aboriginal peoples and Torres Strait Islanders receive the full recognition and status within the Australian nation to which history, their Since then, native title lawyers and with the same issues we were over 20 prior rights and interests, and their rich and diverse culture, fully entitle anthropologists along with other years ago, that is “the rights as citizens, recognition and achievement through them to aspire. To achieve native title the following conditions must be met: stakeholders have worked with traditional • the rights and interests are possessed under the traditional laws self determination, ability to exercise owners across the country to file native currently acknowledged and the traditional customs our rights and to share equitably in title claims and eventually have their currently observed by the relevant Indigenous people; the provision of government programs native title rights recognised by the • those Indigenous people have a ‘connection’ with the area in question and services protection of our cultural Federal Court of Australia. by those traditional laws and customs; and integrity and heritage, and increasing • the rights and interests are recognised by the common law of Australia. To date there have been over participation in Australia’s economic life”. 370 native title determinations and What is the Native Title Act? over 31 percent of Australia’s landmass Ms George said for her it is still the The Native Title Act was first introduced Australian Law in 1993. The Law came has been determined by the federal question of ‘what have we got?’. after the High Court recognised the land rights of the Meriam people, the traditional owners of the Murray Islands (which include the islands of Mer, court to have some existing native title “It is about ensuring that the role of Dauer and Waier) in the Torres Strait. rights. Over 11 percent have exclusive Aboriginal and Torres Strait Islander native title rights. land and sea managers – the doers – is The decision changed the Australian legal system’s idea that sovereignty meant the Crown-owned all land in the new colony and it recognised the rights and historical Raelene Webb QC, President of the recognised, supported and valued. Now connection that Aboriginal and Torres Strait Islander People have to the land. National Native Title Tribunal said native let’s face it, this is not an easy task and title management is now a strong focus it is an issue that is multifaceted in its The Native Title Act 1993 (NTA) established the procedure for making native of native title groups and services. application. Looking after Country is title claims. The Act has been amended on several occasions, including 1998, not just about protecting and managing 2007 and 2009. “Native title is now evolving into a post plants and animals or working with determined world with an energetic focus What is the Mabo decision? weeds and feraI animals. It’s also, and This first successful claim for native title was led by Eddie Koiki Mabo. on the management of native title and the more importantly, about people. People’s It has become known as the historic Mabo decision. operation of Prescribed Body Corporates ability to keep their culture strong, derive Legal proceedings for the case began on 20 May 1982, when a group of (Aboriginal native title corporations),” an income from their country, which Meriam men, Eddie Koiki Mabo, Reverend David Passi, Celuia Mapoo Salee, said Ms Webb. would create opportunities for their Sam Passi and James Rice, brought an action against the State of Queensland children, and, within all of this, developing Glen Kelly, Native Title Council CEO and the Commonwealth of Australia, in the High Court, claiming ‘native title’ to stated that we are now working towards the capability of their community the Murray Islands (AIATSIS, 2016). a society where Aboriginal people organisations to enable them to facilitate The Mabo case ran for 10 years. On 3 June 1992, the High Court of Australia contribute more profoundly to our strategic long-term outcomes. decided that terra nullius (nobody’s land) should not have been applied to political system. “In essence it is about reclaiming our Australia. This decision recognised that Aboriginal and Torres Strait Islander “I think the negotiation people have sovereignty; the capacity for Aboriginal peoples have rights to the land – rights that existed before the British arrived been engaged in have loosened up the and Torres Strait people to live on our and can still exist today. political system in Australia… Native traditional country on our terms and The Mabo decision was a turning point for the recognition of Aboriginal and Title has brought on conversation to not at the behest of government,” Torres Strait Islander peoples’ rights, because it acknowledged their unique allow us to break through more barriers said Ms George. connection with the land. It also led to the Australian Parliament passing the and in my view we want to be a more Native Title Act in 1993. Mr Graham Neate, a leading contributor inclusive society were Aboriginal people to Indigenous land rights, said “the law Sadly, Eddie Mabo never found out the result of his legal case. He died in are prosperous were peoples culture and has been clarified and we have much January 1992, just five months before the High Court made its decision connection to country is secure,” he said. more certainty about where native title (Reconciliation Australia, 2016). Keith Thomas, South Australia Native exists and where it wont be recognised. The National Native Title Tribunal launched a special website dedicated to Title Services CEO said native title has celebrating the achievements of native title and recognising the challenges “For some groups and only some groups come a long way in the last 25 years of native title over the past 25 years. this has led to significant commercial and and it continues to create opportunities financial income… they and their children for Aboriginal people. and their grandchildren and beyond will Videos, photos and information on the history of native title are now “In South Australia, perhaps more than benefit because of negotiated outcomes,” available on the Native Title Tribunal 25 Years of Native Title Recognition any other jurisdiction, there has been he said. website: [email protected]

Aboriginal Way, Autumn 2017 7 Native Title Act changes before Federal Parliament Federal Parliament is considering The decision has overturned a legal “The judgement a couple of weeks ago claim group and executed in a manner changes to the Native Title Act after precedent set in 2010 that formed the in the Federal Court has invalidated consistent with the law at the time. a decision of the Federal Court put basis for ILUAs across the country. almost 150 ILUAs,” he said in February. “The amendments are important Indigenous Land Use Agreements Under the 2010 ruling, an ILUA did not “Now, a lot of these ILUAs have really in confirming the validity of these (ILUAs) into question. need to be signed by all members of very significant benefits packages the applicant, only a majority so long agreements and more broadly in The Federal Government introduced which have been negotiated by as the claim group voted in support. protecting the decision-making authority the amendments to the Act after the traditional owners.” of the members of the native title group McGlade decision, a ruling by the full The Federal Court decision appears to Keith Thomas, CEO of SA Native to enter or not enter into an agreement. bench of the Federal Court in February put around 150 ILUAs into question, Title Services (SANTS), also supported Such decisions and powers should not 2017 that all members comprising the including at least two in South Australia. the passage of the amendments rest with a few. Applicant must sign the ILUA for it to be The amendments to the Native through Parliament. “While the Native Title Act is complex, valid. The ruling was made in response Title Act proposed by the Federal the principle here is clear in that the to a challenge by four Noongar people Government would return the “This legislation is important to restore in regard to an ILUA over a large area requirement for a majority of named certainty for those parties who have decision-making authority of the native of south-west Western Australia. applicants in a community to be able entered into ILUAs,” said Mr Thomas. title group rests with the community, to endorse an ILUA. not individuals,” said Mr Thomas. The court found the Native Title “At least two agreements in South Registrar does not have the jurisdiction The CEO of the National Native Title Australia may be invalid as a result of The amendments to the Native Title Act to register an ILUA unless it is signed Council Glen Kelly told the ABC that the the recent decision of the Federal Court. were put before the Federal Parliament by all registered Native Title Claimants legislation must be passed to safeguard These agreements were duly authorised in its final sitting in March 2017, but were who are ‘named applicants’. Aboriginal people’s rights. by the members of the native title not passed before the break. New approach to Aboriginal engagement at UniSA The University of South Australia can The position was created after the Not only to enter university, but to learn from its Indigenous staff and closure of the David Unaipon College of enter into programs and be successful students and the wider Aboriginal Indigenous Education. Professor Watson graduates of UniSA,” she said. community, according to its new explained how this new approach to As South Australia’s first Aboriginal leader in Aboriginal engagement. Indigenous engagement differs. lawyer, Professor Watson has a particular Tanganekald, Meintangk-Bungantij “The David Unaipon College of Indigenous interest in encouraging Aboriginal woman, solicitor, representative for Education and Research was a centre people to consider studying the law. First Nations Peoples at the United which housed the student support She believes that the historic position Nations and Researcher, Professor Irene program and also a number of other of Aboriginal peoples in the foundation Watson is the new Pro Vice Chancellor programs, teaching programs, as well as of this country continues to raise (PVC) for Aboriginal Leadership and a research centre. So the College was critical questions of human rights and Strategy and Unaipon Chair at the specific to those three areas of education international law. University of South Australia. and research and student support,” said “The business remains unfinished and Professor Watson (pictured above) Professor Watson. She believes that in looking for the I think that there’s an ongoing need for first has combined her interests in strengths of Aboriginal people, the “The PVC role will pick up on all of those nations lawyers to be strong advocates Indigenous knowledges and law in University can grow and learn. roles as well but is also across the entire in this area. I can’t see a resolution for her research across a long and University. So whilst the Unaipon College many of the issues that we confront in the “One of my objectives is what I’d call distinguished career. She has recently is no more, I see the possibility of an near future. So as advocates, for their two-way seeing and knowing and the published two books Aboriginal Peoples, opening that is across the University as communities, there will remain a strong challenge is to positively bring that Colonialism and International Law in fact being more expansive,” she said. across the entire university in its and Indigenous People as Subjects in need for that,” she said. approach to the inclusivity of Aboriginal International Law. That work is relevant Professor Watson has long been a “Social inequities that Aboriginal people peoples,” Professor Watson told to her new role as she explained. role model and advocate for Aboriginal face due to that historical position also Aboriginal Way. people participating in higher education “So I guess the research space I come mean that Indigenous legal voices are and says that practical programs are “So that is not so much from an from is tracking into the PVC role and important,” she explained. assimilationist perspective, where making a difference. anticipating that we can grow up the “There’s the social justice issues that Aboriginal people come into tertiary space in a greater appreciation of the “Well I think by building on the many of our communities face in terms education and leave their Aboriginal self positives that an Indigenous engagement engagement and creating opportunities of high incarceration, so also we’ll behind, and you know adopt all of the brings. That it’s also an engagement for First Nations to enter university, for continue to need strong Indigenous western paradigms and ways of knowing, with the Aboriginal world and all of example, in terms of building a pipeline but to meet somewhere on that path advocacy for some time to come,” the diversity that that brings, and that which is currently happening with the and to think about how we might said Professor Watson. so there’s a reciprocity of a two-way University of South Australia, it has a co-create and build this idea of two engagement. We’re engaging with the program called AIME, which is a national “But just in general, it’s an area where it’s ways of seeing and knowing,” she said. university, but the university is also mentoring program where UniSA students empowering for Indigenous individuals Aboriginal culture can offer many engaging with diverse, distinct Aboriginal are matched with Aboriginal high school and their communities to understand how strengths to the University according nations, first peoples into this university students,” Professor Watson said. the Australian legal system works and to Professor Watson. space,” said Professor Watson. how they can become skilled in this area “With that program there is a really and become strong advocates for their Professor Watson’s new role looks positive engagement between UniSA “We develop this understanding communities, I think that will continue that whilst very often the narrative at the position of all Aboriginal people and the Aboriginal community, with to stand as an ongoing need for some of Aboriginality is a deficit one, of at UniSA. That includes student the idea of building that pipeline and generations, or decades to come,” said disadvantage, and there is a lot of engagement and the employment of connection between the university Professor Watson. inequity, but that isn’t who we are, you Aboriginal people across the University. and the community at large and the know we’re not disadvantaged people, She has responsibility to build an possibility and opportunities for young Professor Irene Watson’s home we’re also peoples with an ancient Indigenous research strategy and also Aboriginal people who might otherwise page at the University of South history, ancient knowledge systems,” to look at the Indigenous content in not have seen that there was a Australia: http://people.unisa.edu. she said. undergraduate degree programs. possibility for them to enter university. au/Irene.Watson

8 Aboriginal Way, Autumn 2017 Survival Day, a day worth recognising?

The debate continues each year non-Aboriginal people to celebrate and and it’s important to be here and enjoy showing how community can come together about what 26 January represents in recognise survival of Aboriginal culture. the day,” said Uncle Frank. to celebrate resilience and reconciliation. Australia and 2017 was no different. Aboriginal Message spoke to attendees at The Survival Day event included music, In January, Deputy Prime Minister Barnaby This year’s public discourse was kicked the event to get their view of whether the dance and bush tucker. Many services Joyce made his stance on Australia Day off by the customary ‘lamb ad’ which 26 January is a date worth recognising. set up stalls to provide information to very clear by criticising those wanting to community on the day. The family event polarised public opinion with its positive Laura said “I think for a lot of the country change the date, labelling them ‘miserable is growing each year and attracting a spin on Australia’s history. having an Australia Day is important but gutted’ and arguing it was ‘political diverse audience. I think it is more important to remember correctness gone mad’. Prime Minister Many celebrate Australia Day as a way to Malcolm Turnbull also expressed the idea that the 26 of January was the date of the Host, Natasha Wanganeen said it was mark the survival of Indigenous Australians of date change to be out of the question. invasion of Australia, perhaps May 8 would a great turn out this year and the day and their cultures, despite the injustices be a good day for it instead”. is about Indigenous and non-Indigenous they have faced since the arrival of the If the politicians are unwilling to budge, it people coming together. first fleet in 1788. Kim Wanganeen said moving the date seems unlikely May 8 or any other date will be crowned Australia Day any time soon. is a step towards reconciliation. “I absolutely love the Survival Day event, NITV reported that Survival Day events are Next year, the public debate will continue “I think moving the date is an important it’s my favourite time of year except for well established across the country after to simmer, another ‘lamb ad’ will circulate thing to do because for me Australia Spirit Festival. It’s an opportunity to being launched by Aboriginal communities our screens, and people across the Day represents dispossession and stand up and stand strong with the rest in Sydney in 2012. country will remain devoted to celebrating disempowerment. This day is also about of your community. 26 January, whatever it means to them. However, according to Creative Spirits recognising resilience and community “The weather, the heat is why I kept web forum, many Australians believe and I think you cannot move forward moving, because I didn’t want to get Australia Day is no longer an appropriate unless you address the past but sunburnt. Moving through the crowd you Aboriginal Way acknowledges day for celebrations and call for a new because of what Australia Day means, know, going from one side to another with sadness the passing of day which includes all Australians. I think moving the date is important for just letting everybody know that they are Mr Raymond Agius, pictured on reconciliation,” he said. all a part of it. I think it’s important for our cover. We send our sincere This year, Twitter reported #changethedate condolences to his family and Uncle Frank Nam said that Survival Day was the performers and the organisers to grew by 1200 percent. thank them for permission to about coming together and feeling a sense hear the voices of the public that come print Mr Agius’ image. The idea of changing the date to May 8 – of belonging with your friends and family. along and get their opinion about what ‘mate’ was circulated this year with many the day means to them, whether they’re “It’s great to have a day where you can responding positively to the date change Indigenous or not, I think its very important feel comfortable, because for a long and the wordplay. to understand each other,” she said. Clockwise from top left: Host Natasha Wanganeen; time you don’t feel comfortable in the The audience at the Semaphore Foreshore; The annual Survival Day event at Semaphore community. It’s getting better but not to Despite views that the date should be Major Sumner with the Tal-Kin-Jeri Dance Group; Flag painting at the Reconciliation SA stall; foreshore attracted Aboriginal and the extreme that you think it should be changed, Survival Day is a success story Families come together at Survival Day 2017.

Aboriginal Way, Autumn 2017 9 Ken Wyatt: Australia’s first Aboriginal Federal Minister Australia has its first Indigenous He trained as a teacher then moved into “Now we talk about Aboriginal Health and Federal Minister after Ken Wyatt Indigenous health policy. Before entering there is this construct behind Aboriginal was appointed to the position politics, Mr Wyatt was the Director of Health that is based on Aboriginal of Minister for Aged Care and Aboriginal Health within both the NSW Community Controlled Health Services Indigenous Health in January 2017. and West Australian health departments. (ACCHOs) and community organisations Mr Wyatt was elevated to the Ministry Mr Wyatt told NITV that he was inspired and specific programs that are funded following a cabinet reshuffle resulting by Australia’s very first Aboriginal Federal by the Commonwealth. politician, the late Queensland Senator, from the resignation of the Health “If we are truly serious, then what we Neville Bonner. However, his experience Minister Sussan Ley. He is a member should be doing is saying ‘well alright, made Mr Wyatt wary. of the Liberal Party of Australia and the how does the health sector, including member for Hasluck, an area on the “I watched Neville’s career and I got to all the ACCHOs, then tackle the issue outskirts of Perth. know Neville and he was just an incredibly to make sure that 800,000 Aboriginal gentle man within the work that he did. I Ken Wyatt at the Ministerial swearing in ceremony. The current Federal Parliament now and Torres Strait Islander people in this asked him about some of the challenges includes five Indigenous parliamentarians country have their health conditions when conflicts occur and around which and he experienced some incredible – Mr Wyatt and Linda Burney hold seats improved, the prevalence rates of certain legislation is framed against our founding challenges whilst he worked in the in the House of Representatives, while illnesses tackled in a way that sees a document,” he said Parliament. And that’s why I thought I’d the Senate includes Pat Dodson, Jacqui reduction?” said Mr Wyatt. never go into politics” said Mr Wyatt. “The issue with treaties is they are a Lambie, and Malarndirri McCarthy. Mr Wyatt is a supporter of constitutional Asked by the ABC’s Stan Grant about way forward, but they are not set in the recognition and told the ABC that the A Noongar Yamatji man, Mr Wyatt was the challenges ahead in his portfolio of foundation of the country’s document. born in Bunbury in Western Australia. The Indigenous Health, Mr Wyatt said that national debate on that issue was on I’d rather see recognition first, then treaty. son of a railway granger and a domestic track. He said that the move to treaty responsibility for improving Aboriginal “I don’t think the momentum is being lost worker, he was the eldest of ten. His people’s health needed to be accepted and constitutional recognition were not because we have a dual conversation mother grew up on the Roelands Mission. right across the health system. in conflict. occurring now on both concepts and After Ken was born the family moved “I believe we’ve got to look at how the “No, they’re not because I think the I would certainly hope we don’t to Nannine, then to Corrigin where he whole health sector throws its weight strength is in the constitution because abandon or set aside our desire to went to school. He completed his the behind the health of Aboriginal people,” the constitution is the document the have recognition within the foundation last two years of high school in Perth. he said. high court base their decision around document of this country,” said Mr Wyatt. Native title groups need recognition under South Australian heritage law Native title groups should be The SANTS submission pointed out recognised under state government that the rights and interests recognised legislation as the registered bodies under native title are inclusive of responsible for Aboriginal heritage Aboriginal heritage. on their country, according to a For example, the first determination in recent submission to government by South Australia in De Rose v State of SA Native Title Services (SANTS). South Australia recognised “the right to The Aboriginal Heritage Act 1988 (SA) maintain and protect sites and places was amended in 2016 and regulations of significance to Nguraritja under their that detail the working of the amended traditional laws and customs…” laws were recently opened up for comment by the state government. Each subsequent native title determination made by the Federal Changes to the Aboriginal Heritage Act Court has similarly recognised the included the establishment of Recognised rights of native title holders to look after Aboriginal Representative Bodies Aboriginal heritage on their country. (RARBs), who can negotiate on issues of SANTS also made comments on the It had been used shortly before the Aboriginal heritage on their country. The Following these determinations, Minister’s power to approve agreements legislation had been passed to overturn regulations for the amended Act do not Prescribed Body Corporates (PBCs) or the former Aboriginal Affairs Minister mandate that native title holders for an Registered Native Title Body Corporates under Sections 19M and 19N of the Grace Portelesi’s decision to authorise area are appointed as the RARB. (RNTBCs) have been established to hold amended act. This change could mean and manage the respective native title that under certain circumstances it a mining company to damage, disturb In making comments on the changes, rights and interests. There are now 15 is no longer an offence to damage or or interfere with heritage sites, objects SANTS said that giving authority to body of those corporations in South Australia. disturb Aboriginal Heritage. SANTS or remains on Lake Torrens. Passing the corporates which represent traditional recommended that this approval amended Act in state parliament meant owners is a positive step in engaging the These corporations already provide a should only happen with the consent that the Minister for Aboriginal Affairs sound, regionalised, traditional owner owners of Aboriginal heritage in decision- was no longer required to comply with based governance framework that of all involved, including the relevant making in South Australia. Similar the federal court’s ruling to hand powers should be recognised in state traditional owners. arrangements are in place in Queensland over to the native title groups in this area. and Victoria. government heritage policies, the A key part of the changed legislation SANTS submission said. was implemented following the passing SANTS will continue to advise native title However, the submission said that groups on the changes to the Aboriginal native title holders, claimants and their SANTS also recommended that RARBs of the Act through parliament and was Heritage Act. corporations must be given precedence be properly resourced to undertake their not open for comment with the release to be appointed as RARBs in South role, and that the Aboriginal Heritage of the regulations. That amendment The final version of the regulations and Australia. Otherwise there is the potential Committee which would oversee the was the removal of section 6(2) about guidelines for the Aboriginal Heritage Act for conflict between native title decisions work of the RARBs have increased Minister being required to hand some will be released by the state government and Aboriginal heritage decisions. transparency and review provisions. of his powers over to traditional owners. in the near future.

10 Aboriginal Way, Autumn 2017 Nuclear waste in South Australia still on agenda Two proposals for nuclear waste The properties ‘Napandee’ and ‘Lyndhurst’ the location for the centre, which will host The Consultation and Response Agency storage in South Australia remain were then voluntarily nominated as radioactive waste currently held at sites (CARA), which delivered the engagement on the horizon, with the State possible homes for the waste dump around Australia. program on the nuclear proposal, and Government’s proposal in retreat late in the consultation process. the CARA Advisory Board, which provided It has stated that a final national site as the Federal Government’s plans advice to CARA were closed by the A 90-day public consultation process will will only be selected if there is broad pick up pace. Government on 31 March 2017. be held in the Kimba district after the community support and it meets Australia’s The State Government has recently moved nominations, with nearby residents set strict environmental and radiation The Government has reported that The its plans for nuclear waste storage to a to vote in a postal ballot on whether a protection regulatory requirements. Department of State Development will ‘new phase’ of inactivity, while the Federal radioactive waste dump should be built More information available at: take responsibility for the new phase of Government pushes for the identification in their district. http://www.radioactivewaste.gov.au/ the nuclear discussion. That phase “will of a final location for a national nuclear focus on supporting a community-led The Federal Government agency waste facility by the end of 2017. State Government Proposal discussion by maintaining access to responsible for the proposal has resources and responding to community Federal Government Proposal established a shopfront in Kimba for The Weatherill Government has closed the two key bodies responsible for the and stakeholder inquiries”. After a nation-wide search, the Federal community members to ask questions, debate over the desirability of a domestic obtain information and provide feedback Following the release of the Community Government now has only two locations and international nuclear waste storage about the proposed facility. Views Report on the state nuclear on its list for a nuclear waste facility, and site in the state, after admitting that proposal, which showed a majority of the both are in South Australia. The first is The Federal Government wants to make there is no political consensus that state’s citizens were not in support of near Hawker, the second around the a final decision by the end of the year on would support the plan. town of Kimba. the waste site, the Premier announced a statewide referendum on the issue late Six sites around Australia were originally last year. shortlisted by the federal government to store low and intermediate-level waste. Mr Weatherill said at that time that no date was set for the referendum, it was unlikely Wallerberdina station near Barndioota to happen within at least the next decade. and Hawker in the Flinders Ranges was He also said the Government was unlikely the only site to reach a formal consultation to take significant steps to find a site or a phase, which remains ongoing. nation willing to sell its waste to SA until This was despite the Government a political consensus re-emerged. reporting opposition from Indigenous “Obviously we’d have no chance of stakeholders who were concerned at success at the moment,” he said of possible impacts on cultural heritage the referendum. “There’s no point in present at the site. There was also promoting a referendum that has no general opposition from a majority of chance of success.” the surrounding landowners who were concerned about impacts to local Further information on the state water supplies and perceived risks to Government’s nuclear conversation agricultural reputation. available at: www.nuclear.sa.gov.au

All-inclusive launch of The Premier’s NAIDOC Award community Festival Celebrating NAIDOC Week 2017 The Premier’s NAIDOC Award recognises the outstanding achievements and service of an extraordinary South Australian who has made a significant contribution to the lives of Aboriginal people in South Australia. Eligibility Nominees must be: • a resident of South Australia • over the age of 18 years as at the 1st of January in the year in which they are nominated • a person who has made a significant contribution to the lives of Aboriginal people in South Australia. Please note that persons cannot nominate themselves. Referees Along with the nomination form, please provide the names and addresses of three referees who are in a position to comment on the nominee’s service. Nominations must be received by 5pm Wednesday 14 June 2017. Please send your nomination marked ‘confidential’ to: The Premier’s NAIDOC Award C/– Jade Mathewson Aboriginal Affairs and Reconciliation Department of State Development GPO Box 320 ADELAIDE SA 5001 Or by email to [email protected] Nomination forms can be obtained from the Department of State Development website: http://www.statedevelopment.sa.gov.au/aboriginal-affairs For further information, you may telephone 08 8226 8900 during office hours.

At the official launch of the multi-award winning Festival Fleurieu, the SA Governor His Excellency the Honourable Hieu Van Le enjoyed a Welcome to Country by Kaurna Elder Uncle Lewis and a Welcome Dance led by Major Sumner and the Tal-Kin-Jeri Dance Group. His Excellency is pictured above with Major Sumner. For more photos from the Festival visit http://www.festivalfleurieu.com.au/2017/photo-gallery.htm

Aboriginal Way, Autumn 2017 11 Three Regional Authorities sign agreement with State Government The State Government has signed Aboriginal communities and to strengthen Aboriginal Regional Authority the relationship between the government Recognition Agreements with the and all Aboriginal South Australians”. Ngarrindjeri Regional Authority, the Adnyamathanha Traditional Lands Vincent Coulthard, CEO of ATLA said that Association (ATLA) and the Far the Regional Agreements cover the core West Coast Aboriginal Corporation. parts of the relationship between his corporation and the government, and it The agreements were signed in March is accompanied by a more detailed and and April. They are a further step in the flexible schedule. Government’s Regional Authority Policy, and follow the announcement last year “The Recognition Agreement just that the government would recognise highlights some of the key points I mean three organisations as South Australia’s like the preservation of culture, the first Aboriginal Regional Authorities. The economic sustainability for example. third organisation to be recognised is the Then the schedule identifies how you go Far West Coast Aboriginal Corporation. about delivering that,” he said.

On announcing the signing of the “We wanted a schedule that can vary Agreements, the state government said that from time to time as time goes on, we they mean the organisations are recognised didn’t want to get locked into a fixed as the lead regional decision makers. document that can’t be changed so Minister Maher said that “our Aboriginal through negotiations at the table with the government we can make some changes regional Authority Policy is a commitment Above: Narrindjeri Regional Authority Agreement signing, left to right, Victor Wilson, Lena Rigney, to work more collaboratively with as needed,” he said. Sandra Wilson, Eunice Aston, Minister Kyam Maher, Marshall Carter and Malcolm Aston Snr. Constitutional recognition must make Indigenous lives better. Otherwise what’s the point? By Cheryl Axelby and But those good intentions have largely rates than we were at the time of the in a treaty or treaties, but a treaty Klynton Wanganeen not been realised. The way things played Aboriginal deaths in custody report. Too was not viewed a silver bullet. It all out, Aboriginal people were not treated many children live in out of home care. depends on how legally effective it is. Last weekend the Referendum with ‘amity and kindness’ and our Ice epidemics are rife. Constitutional A treaty enacted in legislation can be Council held its 10th regional rights were not respected as the letters recognition must improve the system, dialogue to discuss constitutional changed or struck down. A statement of patent required. so that our people are more empowered recognition with Aboriginal and acknowledgement was also considered to take charge to solve these problems. Torres Strait Islander people in Constitutional recognition must fix this. important, but only accompanied by Adelaide. We see this referendum as This reform must ensure that our people The government has the power to make substantive reform. a once-in-a-generation opportunity will be treated more fairly in the future. laws for us, but in the current system The importance of languages and cultures to secure real and meaningful The moral debt must be lifted, so all we cannot easily take responsibility and was emphasised in the discussion. The reform for our people. We want to Australians can move forward together leadership in these decisions. We want to Aboriginal and Torres Strait Islander make it happen. with lighter hearts. make our own decisions about our lives. languages are Australian languages and This is a story that began long before Too often governments talk about us, but We Aboriginal people of South Australia should be recognised as such. This is the constitution was enacted. For South they don’t talk to us. Consultation is poor. have survived, despite the injustices of the true heritage of our nation, and the Australians, the imperial letters patent the past. Our cultures and languages As only 3% of the population, our voices inheritance of all Australians. created a moral debt that is yet to be remain strong and must be cherished can’t easily get into parliament. Current made good. Until that moral debt is and shared. We remain connected to our Indigenous MPs must represent their We in South Australia are ready to stand redeemed, the soul of our country land. Some of us lived through the stolen political parties and their electorates. united and work together to achieve cannot be at ease. generations. But we all keep pushing and They do not represent an independent meaningful constitutional recognition for The letters patent established the fighting for better lives. Our mob must be Aboriginal voice. our people. We ask all Australians to hear province of South Australia in 1836 and the most resilient people on the face of Many delegates agreed that we need our our voices and join us on this journey. We contained a serious condition: the fair this planet. rights enshrined and protected. We need ask government to listen too, and to work treatment of the Aboriginal owners. The The delegates agreed that constitutional them locked down in the constitution. with us after the final gathering at Uluru. letters ‘Provided Always’ that “nothing… recognition must include substantive Legislation is in one day and out the We do not wish to passively hand over contained shall affect or be construed reform. We too reject minimalism, like next. Native title amendments get rushed our reform requests. We want to sit down to affect the rights of any Aboriginal our counterparts across the country. through without proper consultation. and negotiate with all politicians. Natives of the said Province to the We all want a bit of blackness in this ATSIC was our peak legislated body, actual occupation or enjoyment in their This is about making good on past country’s white document – but not just but it got struck down. own Persons or in the Persons of their promises. It is about building a better Descendants of any Lands therein now for symbolic effect. We want this reform Currently, we don’t have secure power and fairer Australia. It is about lifting the actually occupied or enjoyed by such to make black lives better. Otherwise to take responsibility and leadership – moral debt, so that our country can heal Natives”. This was the crown’s promise what’s the point? pursue self-determination – in our affairs. and grow stronger together. We can do it to always treat Aboriginal Australians If we go for a weak option, we will never Many of us believe this power must if we all work together, with good hearts with dignity, fairness and respect. have another go in this lifetime. The come from the constitution, where it can and hard heads. It’s time for change. minimalist ‘racism out, recognition in’ be guaranteed. It was not the first such royal promise. Let’s make it happen. out model, or simply deleting the word In 1787, King George III instructed Arthur There was therefore strong support for Phillip “to endeavour, by every possible ‘race’ from the constitution, would not Cheryl Axelby and Klynton Wanganeen a voice to parliament, through a properly means, to open an intercourse with the address the legal challenges faced by representative, land-based body that is were co-convenors of the Referendum natives, and to conciliate their affections, Aboriginal people in South Australia. not hand-picked and that is guaranteed Council’s regional dialogue in enjoining all our subjects to live in amity Aboriginal people are born with one foot by the constitution, as well as support Adelaide in March 2017. This article and kindness with them”. in the grave. Some of us are told this for agreement-making reforms through was first published in The Guardian. The crown carried some honourable when we are just 12 years old. We are a truth and reconciliation process. There We thank the authors for permission intentions in relation to our people. currently worse off in our incarceration was strong interest among delegates to reprint it in Aboriginal Way.

12 Aboriginal Way, Autumn 2017 North America offers lessons on nation building Nine representatives from the According to one representative, so like a lot of the First Nations people “You know a hundred years from now three Aboriginal Regional Authorities Adnyamathanha Traditional Lands have casinos throughout America really,” who knows what how life’s going to be for in South Australia visited North Association (ATLA) Chair Vincent he said. future generations. So you can get locked America recently to see how Coulthard, the trip offered valuable into a treaty concept you know as a total A visit to the Squamish Nation in British First Nations there are organising, insights into how carefully negotiated agreement and there’s no way out, you’re Columbia demonstrated a similar model building strong economic bases agreements with the state can form the stuck with it. said Mr Coulthard. and working with state and basis of a strong economic future for “What would be great would be if it could federal governments. Aboriginal communities. “Like the Squamish Nation for instance, identify that there is a treaty between the The trip, which took place in February, Window Rock, a small city that serves as they occupy a parcel of land just on the government and the Aboriginal people is part of a program of Aboriginal the seat of government and capital of the outskirts of Vancouver and they provide in their states and their descendants Nation Building workshops for Regional Navajo Nation, was one example of that, services, all these essential services, now and forever. The treaty has got to Authorities organised by the State he said. they’ve got schools, they’ve got hospitals, take that kind of broad approach like the Government, which began last year. they’ve got coffee shops, which are owned Letters Patent and then that would work. “Their treaty is written up in such a way by the people who live there, paying taxes The trip covered sites across Arizona, that it can provide for the First Nations back to the nation, they’re using their “Otherwise if you’re locked into today, New Mexico and British Columbia people to generate income. They not only agreements to generate wealth,” he said. you’ll be stuck with it for another hundred including the Tohono O’Odham Nation, get their funding allocated by the Federal years two hundred years’ time. That’s Hopi Nation, Laguna Pueblo, Ktunaxa Government, but also they can generate As well as offering a vision of economic one of the things the Native Americans Nation and the Squamish Nation. income from within their land. So people development, Mr Coulthard said that the are finding,” he said. go and start up a little coffee shop or a journey offered food for thought on how Those communities were chosen by The Office of Aboriginal Affairs and butcher shop or a supermarket, there at treaty might work in Australia. delegation leader Professor Stephen Reconciliation within the Department of Window Rock, they pay taxes to the First Cornell from the University of Arizona to “I suppose it rang some warning bells in State Development says that the State Nations people. showcase a wide range of traditional and terms of treaties, because you know what are Government is committed to supporting contemporary governance structures, “That’s how they build their governance the issues today and what we look at Aboriginal Regional Authorities to develop innovative economic ventures and and their wealth. They are also exempt today, we have to be very careful with treaties further in Nation Building, and they will approaches to Treaty. from the government laws about casinos that it moves with the times you know. continue to explore ways to support this. Stolen Generations reparations applications awaiting decision of recognition about the impact on The Scheme also has a community fund loss of identity, loss of culture, loss component which is offered to “support of connection to community, and the projects or programs that will promote level of pain and trauma that has been healing for members of the Stolen experienced by being removed. Generations, their families and the wider community”. “So there this scheme was basically set up to create an opportunity for members The State Government has received of the community who didn’t want to go 60 applications under this fund and through a lengthy court process, and it says that they will now be assessed probably has achieved that in that sense, by a panel of senior Aboriginal people. but then at the end of the day does it Ms Axelby hopes that previous really provide the justice that people consultation with Stolen Generations are seeking that we will be waiting to community will be taken into account see when we start looking at how many in this decision making. claims will be rejected and how many are accepted,” said Ms Axelby. “It really is up to the government to ensure they are consulting and bring According to the Scheme guidelines, together members of the stolen to accept any offer from the Scheme, generations and to hear from them people will need to sign an agreement to The Aboriginal Legal Rights family members and many parents exactly what they think. Now we did “discharge and release the Government Movement (ALRM) says that the who actually signed paperwork for this in early 2016, we had a meeting from any future legal liability in relation guidelines for the Stolen Generations governments to take children into down at Tauondi and we had all the to your removal”. reparations scheme mean that many care based on education. members that were attending the people could miss out on funding The ALRM is encouraging any community meeting to actually identify what “We are really concerned about a legal despite having been stolen from community reparations was and what definition, by just having a legal document member who receives a reply, positive their families as children. it is that they were seeking,” she said. when we know that people were coerced or negative, from the Scheme to contact With over 350 applications awaiting into signing documents or didn’t Legal Rights again to discuss their options. Ideas proposed at that meeting included state government assessment, ALRM understand what it was that they were “We just need to remind members of monuments being built around the state CEO Cheryl Axelby (pictured above) said actually signing, that is our concern,” our community who put a compensation to remind people about the history of that the guidelines ruled out people Ms Axelby said. claim in for being a member of the stolen Stolen Generations and the establishment receiving reparations if their removal The scheme was designed by the generations that there is still a legal of a scholarship scheme for families had been sanctioned legally. State Government as an alternative recourse that people can still take if they of Stolen Generations members. “Well the standard that has been set to legal action for members of the are not accepted within this scheme. So “That list went to the Minister for by government is that as long as they Stolen Generations. once members receive letters from the Aboriginal Affairs at that time. So you weren’t deemed to be legal removals, “While the commitment is to try and state government on whether they have know I understand the government has so if there is documentation that an make it less of an impact for members an offer made to them, we encourage now put out a bit of an expression of application was made in the court to of the stolen generation to be able to members to still come back to legal interest calling for organisations as well remove children, then its more than likely apply and get some form of reparation rights to get support to ensure that their to be able to make application but let’s that that will be held to account to say for what’s actually happened to them, rights are protected and similarly even not forget that this is about individual people were not removed,” she said. there has been some concerns from if they get letters of rejection, we still members of the stolen generation and “What is really concerning about that community about the amount that has encourage them to come and talk to us,” we need to make sure that their wishes is that we know there were many been offered by the state and the lack said Ms Axelby. are respected,” said Ms Axelby.

Aboriginal Way, Autumn 2017 13 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. The Secret River at Anstey Hill A powerful play telling the story of the conflict between early convicts and the original inhabitants of our country was a sold out success at this year’s Adelaide Festival.

Staged the Anstey Hill Quarry for the Festival, The Secret River tells the story of William Thornhill, a convict sent to New South Wales in the early 1800s. He and his family try to claim land on the Hawkesbury River, but come into conflict with the true owners, the Dharug people.

Ningali Lawford was the narrator of the Adelaide production of The Secret River, originally an award winning book written by Kate Grenville and adapted for theatre by Andrew Bovell.

She told Aboriginal Way that the play tells the important story of violence and massacre underlying Australia’s early history.

“This is a fiction, but it’s also a fact. So the fact is massacres are not new to us in review in Photos courtesy of The Adelaide Festival.

in this country. As much as people think of people, the Indigenous people and “We’ve had possums climb on our there wasn’t any massacres, there were the non-Indigenous people and how they lights and butterflies and dragonflies massacres. We have to understand. And try to find a middle ground and become everywhere. I mean it’s a beautiful to understand our past we need to move friends and then circumstances just push setting for a unique story. The story of onto our future. With all that in mind, we them to a different direction,” she said. The Secret River is a powerful one and have to teach our kids that Australia did the setting is powerful too, I can’t even The Secret River tells a powerful and have a black history,” she said. describe the feeling I get when I go out disturbing story, one that is challenging there,” said Ms Wanganeen. The story has had a life as a novel and for actors and audiences alike. then television series and has developed According to Ms Wanganeen, the story “So it’s quite a hard story to tell, and along the way. While the story has had a has opened many people’s eyes about having to tell it from the beginning to the strong impact in educating people about Australian history. end, it’s so emotional, but it’s a story that Australia’s history of invasion, there was should be told,” said Ms Lawford. “It changes them. Because then they criticism that the Indigenous voice was know how this beautiful country got to not strong in its original telling. The Adelaide production also featured the point it’s at now. local actors, including Kaurna elder “It’s so much more different this time Stephen Goldsmith and Rabbit Proof “It shows how all of this disastrous, around,” said Ms Lawford. murderous stuff happens because of Fence star Natasha Wanganeen. “I was involved in the TV series myself, mis-communication. And hopefully Asked what’s special about this but with this production, it literally just we can learn from that, and start Adelaide production of The Secret River, understanding each other a bit more speaks of the two groups of people that Ms Wanganeen said that the setting and protect what we have left. White live on the Hawkesbury. It talks about the made it unique. and black,” said Ms Wanganeen. Thornhills and the people that live along the Hawkesbury, the other community, “For the type of production that we’re The Secret River is a production of people that live on the river, and their doing, that is set back in the day before Sydney Theatre Company, presented interaction with the Indigenous people. colonisation was happening, that location in partnership with State Theatre SA So the stories blend from the two groups is absolutely perfect,” she said. and The Adelaide Festival

14 Aboriginal Way, Autumn 2017 SANTS Services Who we are and what we do aspirations, which are often broader • accessing business development than the recognition of native title. services and advice; SANTS is recognised and funded as the Native Title Service Provider for Native title determinations now have • identifying and delivering South Australia by the Commonwealth been made over more than half of South community development projects Government under s203FE(1) of the Australia. There are currently fifteen including to protect cultural Native Title Act 1993 (Cth). PBCs established in SA to manage heritage and country; native title rights and interests. SANTS provides legal representation • engaging in policy and legislative and guidance, anthropological research SANTS works with many of these reform and implementation. and community liaison to support native title groups to enhance their Recently, SANTS delivered its first SOUTH AUSTRALIAN native title applications, negotiations position to manage their native title corporate governance training program NATIVE TITLE SERVICES and determinations. outcomes, comply with legislative responsibilities and develop and grow to PBCs and also delivered two financial SANTS performs all of the functions to achieve their aspirations. management training sessions in partnership with PwC’s Indigenous of a representative body in native title Level 4 throughout South Australia. Our activity in this area includes: Consulting (PIC). 345 King William Street • developing and strengthening Those functions as set out in Section In our work in community development, ADELAIDE SA 5000 governance practices including 203B of the Native Title Act are: our focus is currently on protecting • Facilitation and assistance; through provision of legal advice, cultural heritage and caring for country. • Certification; development of corporate policies These collaborative caring for country and delivery of education and • Dispute resolution; projects are important for the ongoing Editor training initiatives; • Notification; exercise and protection of native title Keith Thomas • Agreement making; • facilitating community-based rights and interests. • Internal review; and planning to develop strategic and SANTS welcomes Aboriginal Nations • Other functions. operational plans; and native title groups who would like Communications Officers SANTS provides a wide range of services • developing and enhancing to work more with us. Kaliah Tsakalidis to South Australia’s Aboriginal Nations stakeholder relationships; Lucy Kingston SANTS receives funding from the who hold or may hold native title. • implementing agreements and Commonwealth and South Australian SANTS is committed to working with identifying, managing and enjoying Government to perform its functions Aboriginal Nations to realise their native title benefits; and to provide other services. Designer Alison Fort

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www.nativetitlesa.org Clockwise from top left: Keith Thomas and Karina Lester; Field Project at Gawler Ranges National Park; Fencing at Thurlga; Sturt Desert Pea, APY Lands.

Aboriginal Way, Autumn 2017 15 Native Title Areas in South Australia

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16 Aboriginal Way, Autumn 2017