Never again: Juukan Gorge anniversary a chance for healing as First People and mining industry collaborate on new laws

On the eve of the fifth anniversary of the Juukan Gorge disaster, Aboriginal and Torres Strait Islander people and industry are working together to ensure that an event of this kind can never happen again, clearing the way for meaningful reform on lasting cultural heritage protection in Australia.

The destruction of the Juukan Gorge site on 24 May 2020 was both shocking and legal. Since then, multiple inquiries have all found that our existing cultural heritage protection regimes are not fit for purpose.

While initial responses from governments were strong, including meaningful engagement with Aboriginal and Torres Strait Islander people by the Commonwealth to co-design new laws but, efforts to drive reform forward are yet to translate into tangible results.

Working together to change this, Traditional Owners, represented by the First Nations Heritage Protection Alliance, and the Australian minerals industry, represented by the Minerals Council of Australia (MCA), have collaborated to agree on principles that can clear a path for the re-elected Albanese Government to provide lasting protection of our cultural heritage.

Much has been learned since the destruction of Juukan Gorge. As a starting point, Traditional Owners and MCA member companies have improved agreement making processes and renewed their shared focus on localised outcomes for host communities – but the existing laws have not kept pace with these advancements between Traditional Owners and industry.

Aboriginal and Torres Strait Islander people and industry cannot wait another five years for cultural heritage reform. Today the First Nations Heritage Protection Alliance and the MCA jointly call on the Government to make cultural heritage reform a priority.

“Traditional Owners and the mining industry have done the hard work to find common ground and now it’s over to the Government to honour its commitment to our people,” said Leon Yeatman, Co-Chair of the First Nations Heritage Protection Alliance.

“We may not agree on everything all the time, but on this, we agree it is time to act.’

“These cultural sites are not only sacred to Aboriginal people, they should also be sites of national pride as proof of the world’s oldest continuous culture.

“The distress caused to the Puutu Kunti Kurrama and Pinikura People by the destruction of the caves must be recognised and action finally taken so this cannot be repeated.

“A starting place for that is identifying in our laws who speaks for country and streamlined process for engaging with those that have cultural authority in a particular region.

“This will provide protection and certainty for community and industry so business can create new economic assets and opportunities, while protecting our cultural assets.”

Minerals Council of Australia CEO Tania Constable said: “Over the past five years the mining industry has worked to regain the confidence and trust of Traditional Owners and the communities they represent.

“Our industry places enormous value on our connection and relationships with Aboriginal and Torres Strait Islander people all across Australia. This is a coming together moment.

“There is broad agreement on the way forward, and we are now looking for the Government to show leadership and work alongside the MCA and the First Nations Heritage Protection Alliance to provide a once in a generation change and see this as a genuine opportunity for healing.”

In a statement to mark the fifth anniversary of the destruction at Juukan Gorge the PKKP Aboriginal Corporation said the destruction caused significant distress to the Puutu Kunti Kurrama and Pinikura community and lead to global condemnation and a parliamentary inquiry into the state of heritage legislation in Australia.

“What happened five years ago will never be forgotten by the PKKP people but to ensure such tragedies do not happen again we continue to work with Rio Tinto and other miners to implement effective and fair co-management agreements for their activities on PKKP Country.”

“We have taken control of heritage management on PKKP Country so that we are doing the work of the government and that our agreements make up for the flaws of the legislation.”