Premier Colin Barnett – Image, www.theaustralian.com.au

Premier Barnett has launched a draft Bill to recognise Noongar People as the Traditional Owners of the Country that is southwest Western Australia and includes Perth. The Bill has the support of the South West Aboriginal Land and Sea Council but it has been slammed by Noongar Tent Embassy and other dissenters. Tears streamed among Noongar Elders who attended a press conference by Premier Barnett on the steps of Parliament as he announced the draft Recognition Bill (Koorah, Nitja, Boordahwan – Past, Present, Future) but others throughout the southwest said that the Bill carries little weight in terms of healing and ways forward on myriad social ills.

“We have always been Traditional Owners of this Country, we do not need a piece of paper saying pretty much this  only, telling us the obvious,” said law student and Tent Embassy spokesperson, Marianne Mackay.

But tears were shed by 79 year old Noongar Elder Janet Hayden on the steps of Parliament.

“It has been a long wait,” said Ms Hayden.

“We can see that something good has finally been done through the Government of Premier Barnett and I congratulate him.”

“The Bill is part of the road to recovery for our people, this is what it is all about – healing and recovery. It is a tremendous step.”

Premier Barnett believes the Bill shall be the “centrepiece” to the $1.3 billion Native Title settlement offer to the Noongar Peoples. In his mind it will end all future claims over Perth and southwest WA. But the deal is not the largest of its type when closely examined. Theoretically it involves more than 40,000 Noongars and therefore this population number is on average 20 to 30 times the average population size of Native Title claim groups around the nation. On a per head of population basis the $1.3 billion, of which only $600 million is a cash component over 12 years, the Native Title deal is hence at the low end of the spectrum.

Premier Barnett said that the Recognition Bill does not provide any land rights and is “largely symbolic” but that it is important as a step towards “reconciliation.”

Ms Mackay said it is “condescending, patronising, paternalistic, an insult to peoples who have never ceded sovereignty.”

Noongar Tent Embassy delegate Vanessa Culbong said that it is not worth the paper it will be printed on.

“We don’t need a piece of paper from the white man to tell us this is our Country.”

“In response to the draft Recognition Bill put forward by the State Government, we realise an acknowledgment is long overdue but that it is the centrepiece of the Native Title Offer for the Noongar People is shameful.”

“It is a shame it hasn’t been presented as part of the Reconciliation and Closing the Gap processes, which are also failing our people.”

“Each day our human rights are breached or ignored by the genocidal policies of the Australian and State Governments, such as the move-on-notices which are in likeness to yesterday’s prohibition laws.”

Ms Culbong said the Native Title Offer breaches cultural protocols and the right to self-determination, and that the Australian Government should uphold the objectives of the United Nations Declarations on the Rights of Indigenous Peoples.

“The offer is an insult to our People. It is our cultural lore that preserves the Lands for future generations. The Bill does not support the survival of our Lands,” said Ms Culbong.

“This is the 21^st century and it is time for Australian and State Governments to step up and treat us like human beings, instead of stripping us of our Lands for more flour, tea and sugar.”

But Ms Hayden believes the Bill gives “hope” to Noongar youth, “who can walk down the street and be recognised.”

Premier Barnett said it was the first time legislation had been presented to an Australian Parliament formally recognising Aboriginal peoples as Traditional Owners.

“Symbolism is important in terms of the self-respect for Aboriginal people and the respect and acknowledgment of the wider community,” said Premier Barnett.

“As the next step in the process the Noongar community is currently being consulted about the draft Noongar Recognition Bill.”

“If they approve and agree with this Bill, it will then go to Cabinet and then be taken to Parliament.”

Premier Barnett pushed the line that the Bill recognises Noongar People’s “unique contribution to the heritage, cultural identity and economy of the State.”

Since 1829, more than nine-tenths of the south west’s forests have been stripped, asbestos homes are one in every four homes throughout the southwest, some refineries have been alleged to be causing cancer clusters and waterways have been damaged. And it is certainly not true that the majority of Noongar people have benefited from Western Australia’s wealthy economy. Western Australia incarcerates Aboriginal adult males at the world’s highest rate, has the highest homelessness rate in the nation of which more than half the homelessness is Aboriginal, and extreme poverty among Aboriginal people is ridiculously disproportionate compared to the rest of the population.

But Premier Barnett argues that the Bill “is part of a comprehensive package of tangible benefits for the Noongar people.”

He said that the under package, $600 million would be paid into the Noongar Boodja Trust in instalment over 12 years and that $120 million would go towards administration and programs over the 12 years. The rest of it will be in the Trust accumulating “interest” which can be tapped into to help address social ills and the impoverished. But as Dr Gary Foley said recently of the type of policy thinking of waiting to accumulate interest that is not the way and that far too many in the now forever miss out.

Aboriginal prescribed body corporations which exist because of Federal Court determinations in reference to Native Title claimants forever bog themselves down in making more money first before helping anyone, and the helping outside ‘sit-down monies’ just doesn’t seem to happen. This is how Indigenous Land Use Agreements are often spent, by going down this path of revenue making from the millions of dollars divested by the resource companies into prescribed body corporates on behalf of the Native Title claimants. But in my experience, to this day few Aboriginal corporations have significantly returned anything of economic and social value to their long suffering impoverished communities. Dr Foley is right, the best investment is in the immediate and direct to the people, all the people.

Premier Barnett claims the Native Title deal will sponsor some new programs in housing, community development and joint venture management partnerships with the Department of Parks and Wildlife.

“It is well accepted that the Noongar people occupied the southwest before colonisation. This Bill will give the Noongar people the highest form of recognition under State law on behalf of the entire WA community,” said Premier Barnett.

Attorney-General Michael Mischin applauded the significance of the Bill. “In terms of Western Australian history, a Noongar Recognition Act would be a defining moment for the whole community, not just the up to 40,000 people who have Noongar ancestry.”

“The SWALSC has seen the detail of the State’s (Native Title) offer and now has the task of consulting the Noongar community about the full offer,” said Mr Mischin.

“It is now up to the Noongar community to consider the Government’s offer and decide within the next six months if it wishes to finalise the agreement.”

However many Noongar Elders, including John Pell who was on a regional working party to SWALSC on the Native Title proposal, claim that SWALSC’s community consultations are drawing very few attendees from the Noongar community.

“Most Noongars have become disillusioned with the negotiation process between SWALSC and Government, and 75 per cent to 80 per cent no longer care about the offer,” said Mr Pell.