Aboriginal Affairs & Heritage

Aboriginal Issues

WA Greens Call for Public Inquiry into Deaths in Custody

Friday, 29 August

Greens Member for the Mining and Pastoral Region Robin Chapple MLC has joined calls for a public inquiry into the death in custody of 22-year old Yamatji woman Julieka Dhu.

Ms Dhu was arrested on August 2 for unpaid fines and transferred to the South Hedland watch-house where despite vomiting, worsening pain and two hospital visits she remained incarcerated for more than two days until she was taken to Hedland Health Campus for a third time and pronounced dead on August 4.

Mr Chapple said the government should be doing everything in their power to figure out why this tragedy happened, and why similar tragedies continue to happen across our state.

“My deepest condolences go out to the family of Julieka Dhu, and the greater Yamatji community, for this heartbreaking loss,” he said.

“The account given by Ms Dhu’s partner in the days leading up to her death is simply horrifying; the police officers and medical staff involved have a lot to answer for.

“Whatever happened to duty of care? Primarily both of these services exist in the interest of public safety so clearly there is a very serious flaw in the system.”

Mr Chapple said a public inquiry was only the first step in resolving a long-standing, and deepening, mistrust between Aboriginal communities and state services.

“Now, more than ever, we need to make sure that this sort of thing never happens again,” he said.

“We need to take another serious look at those recommendations that have come out of other incidents such as this, especially the death of John Pat 30 years ago in Roebourne at the hands of five officers and more recently the tragic death of Mr Ward in the back of a prison van.

“More importantly, we actually need to implement a significant number of these recommendations and get some change happening in the way we treat Aboriginal people in this state.

“Incarcerating Aboriginal people, and indeed anyone, for such minor offences as an unpaid fine solves absolutely nothing, and generally costs more than the fine itself is worth; it should be a last resort option.”

For more information please contact Robin Chapple on 0409 379 263 or 9486 8255.

 

 

 

Protection of Rock Art on the Dampier Archipelago

Legislative Council

Thursday, 14 August 2014

Hon ROBIN CHAPPLE: The issue I want to raise this afternoon is funding for the protection of rock art on the Dampier Archipelago, and this concerns past governments of both persuasions and the current government. On Tuesday, 12 August, I asked a question of the Minister for Indigenous Affairs about the number of Department of Aboriginal Affairs staff who were placed on the Burrup Peninsula to manage and protect the national heritage–listed petroglyphs. The answer was that no staff were located permanently on the Burrup, the department was not aware of the recent spate of vandalism on the Burrup and that the graffiti that had been reported to date was historic in nature and outside the 12 months prosecution limit. Let us go back to what has been stated by governments, in the court and at different times. We know that vandalism has been going on in the Burrup for some considerable time. If I remember rightly, it was mentioned back in 2003, 2005 and again in 2008. It has been an ongoing problem. It was even identified in 2007 when Hon Malcolm Turnbull placed areas of the Burrup on the National Heritage List. The problem has been around for a long time.

At the same time as the debate was occurring around the Burrup’s national heritage listing, the then state minister indicated that staff would be placed permanently in Karratha to deal with those related matters of vandalism. It is interesting to note that earlier on the Leader of the House, in responding to a question put in 2011, stated that staff would be placed permanently on the Burrup to manage the issues and there was a program in place for officers to be placed there. Just prior to that, we asked how many officers were located in Karratha, Hedland and a couple of other locations. I know we got an answer that there were two officers in Karratha and two in Port Hedland. Now we have a situation in which the government will manage the process from Perth, which is against what was indicated at the time of the national heritage listing and also, interestingly enough, when the matters were before the native title hearing, the state responded to comments made in that hearing by saying that should damage occur to the rock art, the state had the responsibility to cover the rock art in plastic and/or buildings or “sheds”. If members know anything about the Burrup Peninsular, it is 114 square kilometres containing over a million and a half petroglyphs, so that would have been a very expensive process. For so long there have been so many commitments that this material is going to be protected, and it is concerning to me that consistently we have seen Aboriginal heritage values and staffing of the regions decline dramatically.

We also have the issue that in the Burrup and Maitland Industrial Estates Agreement—signed by the state and the negotiating parties: the Wong-goo-tt-oo, the Yaburara Mardudhunera, and the Ngarluma Yindjibarndi—it was stated that as part of the protection of the heritage of the Burrup, rangers would be provided, and that when the Indigenous rangers system came into being they would be trained and given prosecutorial powers over heritage matters in the area. That agreement was signed in 2003, but still, unfortunately, nothing has happened.

During the break I had the privilege of taking 30 visitors, including heritage officers or archaeologists from the United States and the eastern states, for a tour of the Burrup. We again were struck by the continuing level of vandalism. It is interesting that the minister’s answer of Tuesday, 12 August stated —

The Department of Aboriginal Affairs is not aware of a “recent spate of vandalism” in the Burrup.

Why? Because it does not have any officers up there and relies on third parties to give it the information, after which it might then visit. The answer further states —

The Department of Aboriginal Affairs heritage compliance function can be effectively serviced from Perth and its five regional offices. The Department of Aboriginal Affairs continues to work with the Murujuga Aboriginal Corporation to ensure that damage caused by graffiti is minimised and protection of heritage is achieved.

A number of years ago vandalism occurred and a site was desecrated. DIA officers were immediately dispatched to the area and efforts were made to try to protect the site and minimise the damage. Now, because we are doing everything from Perth, it seems a long way from which to be able to do anything meaningful on the ground.

But the department has an option. It has a moral responsibility, as part of the BMIEA established in 2003, to ensure that the rock art is protected. The minister went on to state —

The Department of Aboriginal Affairs prosecutes offenders through the appropriate investigation of complaints. The proposed amendments to the Aboriginal Heritage Act 1972 will significantly enhance enforcement provisions. The current draft Aboriginal Heritage Amendment Bill includes an increase in penalties, from $20 000 to $100 000 for an individual …

That is really interesting, because individuals can be prosecuted to the tune of $5.5 million under the current heritage legislation already. The mere lifting of the fines to that level will actually do very little, because the department already has the powers to impose very, very significant fines. The problem is that we actually have nobody up there doing the jobs that were committed to over many, many governments.

I urge the minister to get his department to look at the number of issues that have surrounded this over time and what has been done, and what was committed to be done into the future. It is quite clear from the answer in June 2011 that a number of budgets were in place to assist in the development of a ranger program, a monitoring program and the placement of officers to manage the process, and it has all fallen into one deep, dark black hole.

Potential hidden environmental cost of Government’s irrigation vision

Thursday 31 July 2014           

Greens member for the Mining and Pastoral Region Robin Chapple MLC said he tentatively supports the government’s ‘Irrigation Vision’ for the West Kimberley but would like to see more research into the environmental consequences of the scheme.

Stage one of the program will see more than $15 million invested in irrigation infrastructure east of Derby including almost $5 million at Mowanjum Station to grow irrigated fodder crops in support of the community’s pastoral aspirations.

But Mr Chapple said he was concerned high-intensity irrigation projects would have significant and detrimental flow-on effects for the Kimberley’s water cycle.

“The claim that wet season floods are ‘wasted’ is a total myth,” he said.

“Pumping water from the river valley floodplains may endanger the deep refuge pools that rely on floodplain groundwater to survive the dry season.

“These pools are critical for species such as Barramundi, Black Bream and freshwater prawns, allowing them to complete their life cycles and harbour juveniles.

“Harvesting what appears to be excess water in the Kimberley for agricultural production could ultimately be a trade-off with the health of the Kimberley’s river and groundwater systems.”

These views have been echoed in a new Kimberley based study by the Tropical Rivers and Coastal Knowledge research hub (TRaCK).

Mr Chapple said he would like to see more in-depth research done into the environmental impact of the proposed irrigation schemes but is not entirely opposed to the idea.

“This project could be great for supporting the independence of Mowanjum Aboriginal Corporation and other remote communities and traditional land-owners,” he said.

“But, any financial benefit to these communities must be matched by a commitment to protect the significant biodiversity and astounding natural beauty of their lands.”

For more information please contact Robin Chapple on 0409 379 263 or 9486 8255.

Aboriginal Heritage Legislative Changes Fail to Protect

Greens Member for the Mining and Pastoral Region Robin Chapple MLC, says that the changes to the Aboriginal Heritage Act, proposed by the Barnett Government, will neither improve protection for Aboriginal heritage places nor adequately involve Aboriginal people in the process. 

“At the end of the day, protection of Aboriginal heritage is what the Act is about but the Department of Aboriginal Affairs and the Minister for Aboriginal Affairs Hon. Peter Collier have failed to deliver their oft-repeated promises: that the amendments would give Aboriginal people a stronger voice in respect of heritage protection.

“What the Bill provides for is the transfer of most of the Aboriginal Cultural Material Committee’s functions to the Department of Aboriginal Affairs’ Chief Executive Officer, thereby stripping away their fundamental rights to speak for heritage’ Mr Chapple said.  

“The government has left substantial matters to Regulations, such as what the CEO will and will not consider and the information required before deciding what is left on or taken off the register.

“It is a great pity that the government has not provided draft Regulations along with the draft Bill.  Without draft Regulations, the government’s proposal is incomplete in important respects, and it is therefore unable to be fairly assessment.

“It is disappointing that the Bill omits all of the points that have been repeatedly raised in previous reports on the Act as well as in the 2012 round of submissions; all of which aimed to improve protection for Aboriginal heritage sites and the involvement of Aboriginal people in that process.

“The Greens will not support the Bill in its current form. I urge the community to write a submission on this appalling piece of legislation to the Department of Aboriginal Affairs before 6 August 2014, added Mr Chapple.

For further information go to http://www.robinchapple.com/AHA

For more information please contact Robin Chapple on 0409 379 263 or 9486 8255

 

Greens Call on Government to end Burrup Hypocrisy

17th July 2014

World Heritage nomination of Murujuga - the Burrup Peninsula and Dampier Archipelago - is long overdue, and should be made a priority by the state and federal governments, according to Greens Member for the Mining and Pastoral Region Robin Chapple.

Mr Chapple said it was ridiculous that neither government had taken the lead on protecting Murujuga, the significance of which has been widely acknowledged.

“We have this situation at the moment that is essentially a deliberate stalemate,” he said.

 “The federal Minister for the Environment is calling on our Premier to take a stand, who in turn is stating it is not within his power to do so.

“Whilst in opposition Colin Barnett called Murujuga ‘the most significant heritage and anthropological site in Australia’ yet his government continues to approve, and encourage, industrial development there.

“Again, by the Premier’s own admission, as much as 20 to 25 per cent of rock art in Murujuga has already, regrettably, been destroyed by industrial interference.

“I appeal to the Premier to stop this continued vandalism once and for all, and give the Burrup Peninsula the protection it deserves.”

The Murujuga National Park, announced in January last year, was a significant step towards ensuring the protection of the Burrup Peninsula and Dampier Archipelago but at just 49.3 square kilometres it covers only 44% of the Burrup’s total area.

Mr Chapple said the government was using the successful creation of Murujuga National Park to cover up its intentions for the rest of the archipelago.

“Whilst I applaud the Murujuga Aboriginal Corporation on their cooperation with the government in ensuring the protection offered by national park status, it is a great shame that the government won’t increase its protection to the archipelago in its entirety.”

For more information please contact Robin Chapple on 0409 379 263 or 9486 8255

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