Aboriginal and Torres Strait Islander cultural heritage, both tangible and intangible, is a key part of Australia’s history. Loss of cultural heritage diminishes the heritage of our nation and deeply wounds the Aboriginal and Torres Strait Islander peoples for whom this heritage is sacred.
Across the Australian landscape are thousands of sites of cultural important to Aboriginal and Torres Strait Islander peoples. Just as other nations protect cultural sites of significance—the Colosseum, the Parthenon, the Great Pyramid of Giza—Australia must also protect its sites. These international sites date back thousands of years, but many Aboriginal and Torres Strait Islander heritage sites are tens of thousands of years old. It is inconceivable that Australia has not developed proper protections for such sites, and action must be a matter of national priority.
Rio Tinto’s destruction of the 46,000+ year old Juukan Gorge rock shelters on 24 May 2020 caused immeasurable cultural and spiritual loss, as well as profound grief for the Puutu Kunti Kurrama and Pinikura peoples (PKKP). Rio Tinto’s actions were inexcusable and an afront, not only to the PKKP but to all Australians. The company’s actions demonstrated the profound lack of care for Aboriginal and Torres Strait Islander heritage in this country. But perhaps the tragedy may at least be a catalyst for change.
The destruction of Juukan Gorge was the result of Rio Tinto’s failures, but the events also highlighted the inadequate protection afforded by the Western Australian Aboriginal Heritage Act 1972. Throughout the course of the inquiry, it became apparent that there are serious deficiencies across Australia’s Aboriginal and Torres Strait Islander cultural heritage legislative framework, in all state and territories and the Commonwealth.
The destruction of the Juukan Caves awakened national and international awareness to the loss of the ancient presence of human beings on this continent. This has implications for governments, the makers of law, who must take seriously the public awareness of international developments like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Shareholders, nationally and internationally, have also become attuned to the behavioural standards of corporations and their relationships with the Aboriginal and Torres Strait Islander peoples. Lawmakers and corporations alike must consider the relevance of UNDRIP to the social, cultural and economic realities of Aboriginal and Torres Strait Islander peoples and review their relationships in light of these realities.
Aboriginal and Torres Strait Islander peoples from across the nation reported to the Committee their perspectives on the inadequacy of cultural heritage legislation. It became apparent to the Committee that legislation designed to protect cultural heritage has, in many cases, directly contributed to damage and destruction.
The Committee was heartened by those in the resources industry who responded to the destruction of the heritage sites at Juukan Gorge by proactively reassessing their agreements with traditional owners and proposing processes to address inequities in these agreements. The Committee calls on those within the industry working to improve the respect shown to Aboriginal and Torres Strait Islander peoples to also demand change across their industry as a whole.
It is time for the legislative frameworks in all Australian jurisdictions to be modernised to bring meaningful protections for Aboriginal and Torres Strait Islander cultural heritage to ensure that nothing like Juukan Gorge ever happens again.
Aboriginal and Torres Strait Islander peoples are not opposed to mining and acknowledge the economic benefits it brings to the nation. They do, however, want the rights afforded to them by UNDRIP to be a reality in Australia. Legislative change must be based on the UNDRIP principles of Free Prior and Informed consent. Such changes will bring deserved protections to Aboriginal and Torres Strait Islander peoples’ cultural heritage and ensure that the world’s oldest living culture continues to thrive.
I would like to conclude once again with some words of thanks. Many people have contributed to this inquiry, including traditional owners, Indigenous organisations, companies, governments, lawyers, academics and members of the public who were outraged by the incident and wished to have their voices heard. I would particularly like to thank the PKKP who, despite their grief, have embraced the inquiry and assisted with its work. Thanks also goes to Rio Tinto which, perhaps in contrition for its error, has been forthcoming with evidence—not always to its advantage. I would like to think that Juukan Gorge marks a turning point for that company and the mining industry as a whole. I would also like to thank my Committee colleagues for their attentive and constructive contributions to a difficult inquiry undertaken under challenging circumstances. And last, but not least, I would like to thank the staff of the secretariat for their sterling work. They have been outstanding.
Hon Warren Entsch MP
Chair
15 October 2021