KIMBERLEY LAND COUNCIL NEWSLETTER SEPTEMBER 2019 • GETTING BACK COUNTRY • CARING FOR COUNTRY • SECURING THE FUTURE PO •Box GETTING 2145 Broome BACK COUNTRYWA 6725 Ph:• CARING (08) 9194 FOR 0100 COUNTRY Fax: (08) • SECURING 9193 6279 THEwww.klc.org.au FUTURE DON’T MISS PAGES 4 – 7 FOR ALL THE LATEST ON THE PURNULULU TRIAL, AUGUST 2019. The KLC is continuing to support a Voice in the Constitution that can drive change to better the lives of Kimberley people. Prime Minister Scott Morrison and Minster for Indigenous Australians Ken Wyatt have committed to a process of co-design. Find out more about the path to constitutional reform on pages 8 and 9 of this newsletter. Aboriginal people are warned that this newsletter may contain images of deceased people. Photograph from front page of very first Kimberley Land Council newsletter, 1978 Looking back on the KLC 1979 - 40 years ago 1994 - 25 years ago Aims of the Kimberley Land Council – KLC The WA Government refuses to recognise newsletter, volume 1, January 1979 native title and has passed its own law called the Lands Titles and Traditional • To represent the interests of all Usage Act 1993. Aboriginal communities in the Kimberley with regard to land This law is in conflict with the matters. Commonwealth Native Title Act. The KLC • To arrange meetings throughout under instruction from the Worrorra and the Kimberley for Aboriginal Yawuru peoples is challenging the WA Act communities to talk about land in the High Court. The WA law wipes out matters. native title and replaces it with Traditional • To help support Aboriginal culture usage rights. in the Kimberley. • To instruct the WA Aboriginal Traditional usage is not a right to own Lands Trust about land matters in land and is much weaker than gardiya the Kimberley. ownership rights such as freehold title, • To work towards the introduction which gives negotiation rights with of land rights legislation in WA, respect to access. whereby Aboriginal communities can exercise real control over their land. 22 KIMBERLEY LAND COUNCIL NEWSLETTER SEPTEMBERAPRIL 2019 2019 KIMBERLEY LAND COUNCIL 2 Kimberley Land Council Newsletter July 2018 Message from the Chairman Marboo Ngimbi, Welcome to the September edition Last month, Minister for Indigenous Strategic Plan ends in 2020, with of the Kimberley Land Council Australians Ken Wyatt delivered the our Directors identifying the need newsletter. As always there have 19th annual Vincent Lingiari speech. to start working on a new plan been many new developments in Disappointingly, in this speech Mr early. The Board has already met to the past couple of months that Wyatt confirmed the position of discuss the current strategic plan we will bring you updates on the Coalition Government not to and how we are tracking against throughout this issue. pursue a constitutionally enshrined our strategic objectives, but now Voice in any referendum put by we want to hear from you, our This month we all meet up for the the government to the people of members. combined AGMs of KLC, KALACC, Australia. KLRC and Aarnja. These AGMs Over the next few months we’ll be are very important for the strong The statement was made during rolling out the project KLC – Our governance of the four peak a lecture that honours one of Future 2024. This new initiative is Kimberley Aboriginal organisations. the bravest Aboriginal leaders of all about talking to our members to modern times. It is unfortunate find out what you think the KLC is This year we are doing thigs a bit that this same courage has not doing well, what we can be doing differently. We are holding a full- been shown by our government, better and what we need to do in day regional forum to talk about and ultimately our Prime Minister, the future to ensure that we stay in Kimberley issues that affect us all. in regards to Constitutional tune with our members’ needs. This forum is a chance for all of you reform. We will continue to tell the to have a say about what matters, Australian public why we need Part of this process will include the what doesn’t and where you think a Voice in the Constitution and roll out of an engagement survey, our region should be heading. we will not give up. Aboriginal which we’ll be asking as many people do not want symbolic of our members and partners as In other news, the KLC has Constitutional recognition, we want possible to undertake. We are really continued to achieve native title a mechanism that can drive true excited about undertaking this outcomes with another three change for our people. work and setting a new direction consent determinations, including for the KLC. Please do not hesitate Ngurrara D1, Mayala #2, and I had the great pleasure of to speak to me or any of our staff Bunuba #2 Part B. The Ngurrara attending the KLC’s Healthy about this project. D1 and Mayala #2 determinations Country Forum at Home Valley cover small areas of country and in August. This event brought I look forward to seeing everyone have occurred because of a court together ranger and Indigenous and having a great week at Home decision called Tjiwarl, which meant Protected Area coordinators, Valley. certain areas of country had to be partners and State and Federal left out of earlier determinations Government officials to discuss so that we could ensure exclusive priorities for Indigenous land and possession native title was sea management in the region and recognised in these areas. the Kimberley Ranger Network. Anthony Watson While this was a frustrating process, Finally I would like to update you Chairman we are pleased to have now on the strategic planning process secured native title for these areas the KLC Board has recently been and we congratulate the Traditional undertaking. The current KLC Owners on this achievement. NEWSLETTER SEPTEMBERSEPTEMBERAPRIL 2019 33 2019 40 years walking the long road to justice 3 Josie Drill, Cherylene Nocketta and Ethel Drill. Federal Court hearing in Purnululu In August 2019 the Federal Court held a hearing for the Purnululu native title claim and the Gajangana Jaru native title claim on country. The hearing ran for nearly two weeks, and the professionalism of KLC project from 12 to 22 August, with the Federal staff, and the commitment of native Court hearing evidence from native title title claimants from both claims to the claimants at Kawarre, Blue Hole, Cathedral hearing process was recognised and Gorge, Echidna Chasm, Fowl House, appreciated by the Federal Court. Picaninny Creek, Elephant Rock and Frog Following the on-country hearing, the Hollow. Federal Court heard evidence from expert The KLC provided legal representation for anthropologists in Perth on 26 to 28 the Purnululu native title claimants. As the August 2019. Dr Tony Redmond and Dr native title representative body for the Brendan Corrigan each gave evidence and Kimberley region, the KLC also provided were cross-examined, and also answered funding for the legal representation and any questions from the judge, Justice other costs of the Gajangana Jaru native Mortimer. Native title claimants attended title claimants. this part of the hearing as well. Native title litigation is a very difficult The Federal Court will hear closing process for native title claimants, and submissions in Perth on 3-4 October 2019. requires significant resources from the The judge will then consider the evidence KLC, Federal Court, State Government and a decision is likely to be handed down and any other parties involved. in 2020. On-country court hearings in remote locations such as Purnululu are even more demanding. However, the Purnululu on- country hearings were very successful, 44 KIMBERLEY LAND COUNCIL NEWSLETTER SEPTEMBERAPRIL 2019 2019 KIMBERLEY LAND COUNCIL 4 Kimberley Land Council Newsletter July 2018 Shirley Drill welcomes Justice Mortimer and legal team to Kawarre, Purnululu NEWSLETTER SEPTEMBERAPRIL 2019 2019 SEPTEMBER 2019 55 40 years walking the long road to justice 5 66 KIMBERLEY LAND COUNCIL NEWSLETTER SEPTEMBERAPRIL 2019 2019 KIMBERLEY LAND COUNCIL 6 Kimberley Land Council Newsletter July 2018 NEWSLETTER SEPTEMBERAPRIL 2019 2019 SEPTEMBER 2019 77 40 years walking the long road to justice 7 While colonisation came swift and fast for The long road to Aboriginal people, righting the wrongs of the past and recognising Aboriginal people continues to take constitutional reform a very long time. In this edition of the KLC newsletter, we look at the path to Constitutional recognition so far, and the many ups and downs Aboriginal people have experienced on this journey. The KLC sees Constitutional reform as being critical to improving the lives of Kimberley Aboriginal people. We will continue to ensure that the opinions of Kimberley Aboriginal people are heard in relation 25 August to the Constitution, and tell the Australian public 2019 why we need a Voice in the Constitution. Aboriginal people do not want symbolic Constitutional recognition, we want a mechanism Indigenous leaders from that can drive true change for our people. across Australia meet in Cairns to discuss the path forward for an Indigenous Voice to Parliament, including a process of co-design. Ken Wyatt delivers the Vincent Lingiari Memorial 1 March lecture and rules out a 15 August referendum, which includes 2018 a question regarding a 2019 constitutionally enshrined The Joint Select Committee on Indigenous Voice. Constitutional Recognition is appointed and is co-chaired by Senator Patrick Dodson and MP Julian Lesser. 27 May Ken Wyatt is the first Aboriginal person to be The Joint Select Committee 2019 appointed the Minister for 29 Nov releases its final report Indigenous Australians. recommending a process of 2018 co-design for a constitutionally enshrined Voice.