Greens Member for the Mining and Pastoral Region Robin Chapple MLC has criticized the way in which the State Government is handling a review of the Aboriginal Heritage Act.
“Dr John Avery’s review of the Aboriginal Heritage Act 1972, which was released for public comment last week, is critically short of detail, making it almost impossible to comment on many aspects of the report,” Mr Chapple said.
“For example, it is: ‘proposed to prescribe additional criteria that the ACMC may consider when assessing whether Aboriginal places should be preserved for their importance and significance to the cultural heritage of the State’ but no information about the nature of the criteria is provided.
“Further: At present,the Act places the onus on persons accused of breaching the Act to prove that places and objects relating to the proceedings are not Aboriginal sites or objects to which the Act applies, whether they are registered or not. To enhance the authority of the Register, it is proposed to modify this provision so that it only applies to places and objects on the Register.
This removes any protection of sites not on the register, encouraging people not to survey or report sites and does not address issues of old/new registers or the time it may take to get sites listed on a register.
“Perhaps most disturbing of all is the five-week timeframe allowed for comment: this is ludicrous when applied to Aboriginal people living in remote communities and shows a complete lack of understanding about how these groups function. Indeed there appears to be no mechanism to engage with remote communities.
“Far from improving Aboriginal heritage sites protection, the proposed amendments actually erode current provisions, and they take no account of the vast extent of the State that has yet to be surveyed,” Mr Chapple said.
For more information please contact Robin Chapple on 0409 379 263 or 9486 8255
HON ROBIN CHAPPLE (Mining and Pastoral) [9.45 pm]:
I rise tonight to read a letter that I think all members would have received. I received the letter on 23 March. It was from Kado Muir, a constituent of mine from Leonora. I think it is important to put the letter on the record. It states —
The following is an extract from a social media posting I forwarded yesterday, “Today we witnessed a most appalling display of insensitive State sanctioned violence and intimidation against Noongar traditional owners exercising their Sovereign rights to enjoy spiritual and cultural communion with the spirit of their ancestral leader Yagan on the sacred site that is Marta Garup. Yesterday we saw the State government issue fresh compulsory acquisition orders for James Price point after the courts ruled their first attempt to take the land was not legal. Western Australia is a State that steals thousands of dollars in wages from Aboriginal people for over half a century then offers to compensate that theft with a measly $2000 ex-gratia payment. It is a state that if an Aborigine should die without a will then their possessions by law becomes the property of the State. Each of these legally sanctioned crimes are supported through laws and policies that offend the very notion of a civilized society, yet no one is held to account while Aboriginal people, especially our men, continue to be arrested and imprisoned, in my home region of the Goldfields at a rate of 16% of our population. If there is any common decency in this society that we (Australians) are so proud to praise then why is no-one holding Colin Barnett and the Government of Western Australian to account for what amounts in a civilized society to be crimes against humanity.”
I am forwarding this on to you as a member of Parliament to ask you to take immediate action in addressing this gaping disparity in the situation of Aboriginal people here in Western Australia. You as a member of Parliament are elected to enact laws and govern for the benefit of ALL West Australians, however it appears that in the case of Aboriginal West Australians you as a member of Parliament are complacent in your powerlessness to do anything that substantially improves the situation of Aboriginal people in this state. This is not a new development it has been a constant feature of the political landscape since William Dampier made his observations that “aborigines are the most miserable people he has ever encountered”. That observation has proven prophetic since Aboriginal West Australians have indeed become the most miserable people in this State, largely through the implicit and explicit actions of parliamentarians and then those very same members then choosing the path of least resistance when dealing with substantive matters of importance to Aboriginal people, matters that may improve the levels of common decency afforded to us.
The actions of this current Government is building into a disgraceful record of campaigning to undermine the rights, freedoms and indeed human dignity of Aboriginal Western Australians. Paternalistic comments from our Premier, “you’ve had your say now go home”, comments by the Police Commissioner, “every time we go out there we are costing the tax payer $20,000” and I know the complacent perspective of each of you along the lines of “what can we do?”
Aboriginal Western Australians are fed up, we are fed up with your lack of action, your pandering to the lowest common denominator when dealing with us. The absolutely appalling and disgraceful ex-gratia settlement of only $2000 for all the money STOLEN from hard working Aboriginal people of this state, money stolen so that their descendants could never aspire to accumulating assets or wealth to improve their lives, and your excuse, “we lost the records!” Lost the records indeed, this doesn’t stop your State Solicitors Office in finding enough information to undermine Aboriginal West Australians in their attempts to substantiate recognition of native title rights.
The appalling record of this Government unfortunately is not alone, Governments of every persuasion since Governor Hutt in the 1840’s have chosen to ignore, oppress and undermine any semblance of human rights being afforded to Aboriginal Western Australians. This must change, and it must change on your watch. You are the duly elected member, elected to enact laws and govern for the benefit of all West Australians. If you choose not to take action then we as the Aboriginal people of Western Australia can only assume that you are choosing to enact laws and govern for the benefit of the Settler Society.
I am an Aboriginal person, I am fortunate to have a level of education that allows me the ability to critically examine issues of importance to my people and our wonderful State and Nation. We are all in it together, we can not undo the wrongs of the past, but we each and every one of us are accountable for our actions today. What will be your legacy, handballing the Aboriginal Problem to future generations of West Australians or will you be recognised as the Parliament that made a decision to effect positive change in the lives of Aboriginal people in Western Australia that allowed us as the First Peoples to live in harmony with the millions of Settler Peoples who now live on our lands.
I do not have access to vast reserves of cash like certain mining entrepreneurs, so I cannot influence your decisions with money, however in writing this letter I am appealing to your sense of common decency to stop the State sanctioned violence and abuse of Aboriginal people and take real action toward recognising the rights of Aboriginal West Australians, to live in peace (without fear of intimidation from the State), securely in decent homes and enjoy the ability to make decisions for our families in the knowledge that we can enjoy the same rights, privileges benefits that Settler Peoples are enjoying from the wealth of our traditional lands.
I look forward to witnessing some positive and dramatic change being effected by you in your role as a member of the Parliament of Western Australia that will go down in the annuals of history as the day that one State in Australia chose to stick its head up and make a difference for all of its citizens, the First Peoples and the Settler Peoples.
Greens: Tent Embassy activists have right to stay at Heirisson Island
22 March 2012
Greens MLC Robin Chapple today called for calm in the face of demands to have Aboriginal activists cleared from their tent embassy at Heirisson Island.
“I call on the Premier and City of Perth to respect the right of peaceful protest, and allow the tent embassy activists to continue to gather and practice culture on Heirisson Island.
“Heirisson Island is a public park of significant cultural importance, and particularly at this time while the State Government is in negotiation about settlement of Noongar native title, it is important that the government does not silence these voices.
“The tent embassy has been a peaceful gathering, drug and alcohol free by the activists’ insistence. There is no pressing reason why the tent embassy should be cleared.
“Allegations of rock throwing is a separate matter, and should be dealt with as any other complaint to the police is handled, it doesn’t require the forceful disbanding of the Tent Embassy.”
For more information please contact Robin Chapple on 0409 379 263 or 9486 8255
Greens MLC Robin Chapple today condemned Barnett and Grylls’ second attempt at compulsory acquisition of James Price Point.
“Having failed in their first attempt to compulsorily acquire the land, the government was handed the opportunity to do the right thing. The state government should have taken the opportunity to consult and negotiate in good faith, to listen to the community, to support sustainable economic development.
“Instead Barnett and Grylls are attempting to use the ultimate power of the State, to take land, for one of the most unpopular development proposals ever considered in this state.
“In this day and age, it’s not acceptable for a government to forcibly acquire land for development – clearly against the wishes of the local community. Surely our democracy has reached a point where consultation is the key.
“The Broome community showed their view when over 5000 people rallied at Cable Beach against the gas proposal. That’s almost half the population of the town, rallying against the proposal.
“This gas proposal is opposed by the majority of the local community, it’s an environmental nightmare, and there’s growing analysis that it’s not economically viable.
“Premier Barnett and Lands Minister Grylls need to choose a new project to back – I suggest they look at the range of quality renewable energy projects that would benefit from government support.”
For more information please contact Robin Chapple on 0409 379 263 or 9486 8255
