Shifting State Constructions of Anangu Pitjantjatjara Yankunytjatjara: Changes to the South Australian Pitjantjatjara Land Rights Act 1981-2006 DEIRDRE TEDMANSON A thesis submitted for the degree of Doctor of Philosophy of the AUSTRALIAN NATIONAL UNIVERSITY February 2016 Declaration of Originality I certify that this thesis does not incorporate without acknowledgement any material previously submitted for a degree or diploma in any university; and that to the best of my knowledge and belief it does not contain any material previously published or written by another person except where due reference is made in the text. Signed: On: 20/10/2016 ii Acknowledgements There are many people I would like to acknowledge for their support on this journey. First and foremost, I would like to thank Principal Supervisor and Chair of my Supervisory Panel, Dr Will Sanders, Senior Fellow at the Centre for Aboriginal Economic Policy Research (CAEPR) at ANU for his constancy throughout my candidature. From our first discussions to final submission, you have challenged, advised, guided and provided unfailing support and it is very much appreciated – thankyou. Thanks also to supervisory panel members, Professor Jon Altman for generosity of spirit and inspiring ideas; Professor Tim Rowse for important early theoretical insights; Professor Richard Mulgan also for helpful early discussions. Thanks also to Professor Mick Dodson for timely clarifications and Professor Larissa Behrendt for insights into legal issues. I would also like to extend my gratitude to Director Jerry Schwab and everyone at CAEPR, staff, academics, colleagues, students all - for making me welcome throughout my time with the Centre. Thanks also to all my wonderful friends and colleagues for your encouragement. To Lia Bryant, your support, timely debriefing, and ongoing belief in me and this project has been a tonic which helped keep me focused; I am very grateful. Thank-you Sue King, for your generosity and solidarity throughout this journey, from beginning onwards you have helped in so many ways, and it is much appreciated. I could not wish for better colleagues or friends. Thanks also to Christine and Peter, Frances Bedford, Bebe Ramzam (and Bibi Leslie and Dolly), Roxanne Colson, Dennis Colson, Gary Lewis, Sandra Lewis (and family), Makinti, Peter Furze, Peter McDonald, Lowitja O’Donoghue, Peter Buckskin, Maryann Bin-Sallik, Donna, Tammy, Ann Killen, Pauline, Collette, Denise Wood, Adrian Vicary, Kurt Lushington, Bill Edwards, Bruce Underwood, Sam Osborne, Jonathan Nicholls - and my colleagues in the corridor at Magill. To people on the Lands I offer my respect and gratitude for all that you have so generously shared, Kunmanara Nyaningu, Kunmanara Thompson, Yami Lester, Uncle Murray, Makinti Minutjukur, Lewis family, Burton family, Ramzan family, Singer family, Stepahn Rainow, Donald Fraser, Ronnie Brumby, Rex Tjami; and many many others. Palya. I want to especially acknowledge the love and support of my beautiful family: to Louise, Sophie, Claire, Grace, Lucy, Jeff and Charlie – thank-you for being the joy of my life; and to the love of my life Hans, my partner, husband, colleague and friend – thank-you for your intellectual, material and emotional support, I could not have done this without you. iii Abstract The Pitjantjatjara Land Rights Act (PLRA), passed by the Parliament of South Australia in 1981, was a milestone for Indigenous self-determination in Australia and a pinnacle of Anangu/ state relations. Although passed under Liberal Premier David Tonkin, the PLRA had its roots in the leadership of Labor’s Don Dunstan, Premier for over a decade until 1979 and before that Aboriginal Affairs Minister. Dunstan’s vision for Indigenous land rights and self-determination for the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands was embraced by both major parties. This historic achievement of communal land title and community self-determination was also the result of a five-year campaign by the Pitjantjatjara Council (PC) formed by Anangu in 1976. The PLRA created Anangu Pitjantjatjara (AP) as the ‘body corporate’ of Traditional Owners (TOs) and, through an elected Executive, empowered Anangu decision-making over development, access and other matters. By 2004 the Rann Labor Government was arguing that self-determination on the APY Lands had failed and seeking to appoint an Administrator to oversee the Lands. Over the next two years, amidst much contestation, Rann gained Opposition support to substantially amend the PLRA. Amendments re-asserted SA Government oversight and control of the Lands through ministerial powers to direct the Executive, or to suspend it and appoint an Administrator, amongst other changes. This thesis is a narrative account and critical analysis of what happened, how and why in the 25 years between the passing of the PLRA 1981 and its amendment into the APYLRA by 2006. It draws on two bodies of social science literature, critical policy analysis and political theory on Indigenous rights. Conceptually it argues that framing is an important part of the policy process. Using interpretative and critical policy thinkers like Colebatch, Bacchi and Fischer, the thesis considers how problems were identified and issues problematized in the politics of policy- making. It locates this discussion within broader questions of recognition, sovereignty, decolonisation and power. The thesis argues that the original policy context for the PLRA sought greater self- determination as justice for Anangu, enhancing the social well-being of their communities and reversing some of the debilitating effects of colonisation. In a very different framing 25 years later, Anangu leadership and governance were blamed for social ills in their communities, such as petrol sniffing. Despite two Coronial Inquests identifying inadequate government service delivery as contributing to the persistence of petrol sniffing on the Lands, the State Government targeted self-determination as the problem. Anangu community-control was pathologised, whereas in 1981 it had been eulogized. Drawing on the work of political theorists Kymlicka, Tully, Taylor and Fraser on minority rights and the politics of recognition, the thesis explores possibilities and limitations of self- determination within the context of the APY Lands. While the 1981 PLRA optimistically promoted Anangu self-determination as a form of internal decolonisation, this thesis argues that policy shifts through to 2006 mark a substantial retreat from the politics of recognition and minority rights. iv Contents Declaration of Originality............................................................................................... ii Acknowledgements ......................................................................................................... iii Abstract ........................................................................................................................... iv Contents ........................................................................................................................... v List of Figures ............................................................................................................... viii List of Abbreviations .................................................................................................... iix Chapter 1: Introduction ............................................................................................... 12 1.1 Thesis Aims ........................................................................................................... 13 1.2 Methodology ......................................................................................................... 15 1.2.1 Personal location in thesis .............................................................................. 19 1.3 Thesis Structure ..................................................................................................... 23 1.4 APY Lands Context .............................................................................................. 26 1.4.1 Demographics ................................................................................................ 28 1.4.2 Communities, councils and homelands .......................................................... 29 1.4.3 Regional Anangu organisations ..................................................................... 31 Chapter 2: Recognising Anangu Land Rights ............................................................ 35 2.1 Introduction ........................................................................................................... 35 2.2 Dunstan’s Agenda ................................................................................................. 36 2.2.1 Aboriginal Lands Trust Act 1966 ................................................................... 36 2.2.2 Incorporating Aboriginal ‘collective’ identity ............................................... 37 2.3 Pitjantjatjara Land Rights Campaign: ‘Growing up the Country’ ........................ 38 2.3.1 Ernabella Mission .......................................................................................... 39 2.3.2 Anangu leadership .......................................................................................... 42 2.3.3 ‘We want the Land here’ ................................................................................ 44 2.3.4 Underlying tensions within an emerging unity .............................................. 45 2.4 Pitjantjatjara