First Nations

Proposed design of the The Aboriginal Cultural Heritage Act 2021 (ACH Act) by the West Australian Government which provides a modern framework for the recognition, protection, conservation and preservation of Aboriginal cultural heritage while recognising the fundamental importance of Aboriginal cultural heritage to Aboriginal people.

On 24 May 2020, mine blasting occurred in the Rio Tinto Brockman 4 iron ore mine in WA. There is nothing unusual in using explosives to move rock in mining. But this explosion was different. These particular explosions destroyed some natural rock shelters within the Juukan Gorge that held unique cultural heritage of national and international significance, providing evidence of a 46,000-year history of continuous occupation on our continent. In fact six years earlier, in 2014, an assessment identified the cave site as one of the most archaeologically significant sites in Australia.

A number of large Australian investor and business groups have expressed serious concerns that the WA Aboriginal Cultural Heritage Bill 2021 tabled on Tuesday 16 November will fail to make a meaningful change in cultural heritage protection and is insufficient for protecting the invaluable cultural heritage of Australia’s First Nations people and our nation. The Dhawura Ngilan Business and Investor Initiative – led by the First Nations Heritage Protection Alliance in partnership with Global Compact Network Australia (GCNA), and the Responsible Investment Association Australasia (RIAA) – together with the Australian Council of Superannuation Investors (ACSI) – have expressed strong criticism with the Bill which passed the Lower House yesterday. “It is critical that any new heritage protection legislation takes on board the lessons learned from the tragic destruction of the Juukan Gorge, so that such harm doesn’t occur again. This Bill falls far short of providing that confidence,” said Cath Brokenborough, Executive Lead, First Nations engagement, Lendlease and Chair of the Dhawura Ngilan Business and Investor Initiative. “In the wake of Juukan Gorge, investors have stated unequivocally that businesses and legislators need to ensure comprehensive protection of cultural heritage. Upon review of this Bill, we remain concerned that this protection has not been sufficiently strengthened, and investors will continue to see Western Australia as having elevated risks of the type seen in the tragic destruction of Juukan Gorge” said RIAA CEO Simon O’Connor.

Standing Committee on Indigenous Affairs inquiry: How the corporate sector establishes models of best practice to foster better engagement with Aboriginal and Torres Strait Islander consumers.

Following this week’s release of the final report from the Senate inquiry into Rio Tinto’s destruction of Juukan Gorge, a new toolkit for the Australian and global investment community has been launched, detailing practical steps investors can take when considering and engaging with companies on Indigenous Peoples’ rights and cultural heritage protection. An initiative of the Responsible Investment Association Australasia’s (RIAA’s) Human Rights Working Group, the Investor Toolkit: An Investor Focus on Indigenous Peoples’ Rights and Cultural Heritage Protection supports investors to manage the increasingly material issue of Indigenous heritage protection. The toolkit was produced by leading experts from finance organisations such as abrdn (formally Aberdeen Standard Investments), HESTA, AustralianSuper and Refinitiv, and endorsed by Indigenous groups such as the First Nations Heritage Protection Alliance and National Native Title Council.

A landmark business and investor initiative has been launched – bringing together First Nations, business and investor communities – focused on strengthening Australia’s First People’s heritage laws and standards for the private sector to uphold the human rights of First Peoples. Led by the First Nations Heritage Protection Alliance in partnership with the Global Compact Network Australia (GCNA), and the Responsible Investment Association Australasia (RIAA), the Dhawura Ngilan Business and Investor Initiative sees protecting cultural heritage as the responsibility of all Australians, including the finance and business sectors. The initiative is being launched as the Joint Standing Committee on Northern Australia prepares to report on its inquiry into the devastating destruction of Juukan Gorge on the traditional lands of the Puutu Kunti Kurrama and Pinikura (Binigura) peoples. This 2020 event marked a turning point in awareness of the value and importance of Country and cultural heritage for all Australians.