Media Statement – Co-Management the key to protecting Culture

Media Statement – Co-Management the key to protecting Culture

Recently the Federal Government released its response to how it would prevent further disasters
like the desecration at Juukan Gorge, a sacred part of my peoples culture and country, from
happening again.

At that time, I expressed the frustration and disappointment that Puutu Kunti Kurrama and Pinikura
people we were not consulted about the Federal Government’s intentions. An email or call to our
office less than 48 hours before a Canberra announcement still doesn’t cut it as an attempt at
consultation in my book, at best it is a heads up. This was an opportunity to invite the PKKP to be
part of the conversation about the laws which impact not only our cultural heritage, but the Country
of all First Nations people.

When governments are determining policy and changing laws that impact the business
community, they make time for the CEOs and billionaires and for meaningful change to happen,
Traditional Owners need to be treated with the same level of respect.

What is clear is that the Federal Government will now begin to change their heritage protection
and native title laws, this follows the Western Australian Government’s new Aboriginal Cultural
Heritage Act which will attempt to address the failures of the previous legislation in protecting the
Juukan rock shelters.

These laws are designed to be a safety net, but so were the ones that ultimately betrayed us along
with a mining company’s greed and failed corporate culture.

For the PKKP, the solution to protecting Country and Aboriginal culture is relationships not
regulation. In the aftermath of what happened at Juukan Gorge, and with the sadness and anger
that we still feel, our Corporation and its members decided to rewrite and rebuild the relationship
with Rio Tinto. We understand that we need to find better ways to co-exist and manage Country,
and part of the process is building mutual respect and trust.

The key to working with Rio Tinto has been working on a Co-Management agreement. The
principle is simple – we work with the mining company to protect culture and give us an equal say
in what happens on our Country. We understand that there needs to be laws to prevent
wrongdoing, but they are not going to help keep our culture alive and that is why talking and
sharing is so important to First Nations people. Think of Aboriginal culture as a living being that
breathes the air, drinks from the watering holes and eats from the land – it is understood by
connecting with our people and feeling what we feel.

Co-Management will apply to every aspect of a mine life cycle from the planning to the closure and
rehabilitation. It requires mutual obligation and shared responsibility, the miner and the PKKP
people must be committed to the best outcomes for it to work successfully.

It makes clear how we both communicate and resolve differences. It gives our people a greater
role to work on the ground monitoring and engaging with the mining people.

And it sets out what we as Traditional Owners want to achieve from what happens on our Country
– protection of culture and environment, and economic and social opportunity.

Co-Management agreements will not replace the obligations under the new legislation but they
aim to provide better protection. For this reason we will negotiate and sign them first.
We are already negotiating these agreements with Rio Tinto Iron Ore (RTIO) and FMG. A heads
of agreement has already been signed with RTIO and we are moving to finalise Co-Management
with them.

Legislation can always be watered down or changed in the name of politics, particularly when
business leaders are given greater privileges and access to political leaders than First Nations
people. We believe our Co-Management model provides more certainty and protection than that
for Traditional Owners and it will be beneficial for other Aboriginal organisations that are
negotiating land access agreements with mining and resources companies.

We know what went wrong at Juukan Gorge and this is the best way to stop the same thing
happening again.

Burchell Hayes
Chairman
PKKP Aboriginal Corporation RNTBC