Banjima traditional owners and country

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Banjima Traditional Owners and Country

The Banjima People of the Central Pilbara. Images supplied

by Amy Cargill 30 August 2013

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anjima People have lived in the area for at least 20,000 years with a living culture maintained through languages, ceremonies, beliefs, music, art, laws and creation stories.

The land is home to many sacred sites including ancient stone engravings and the gorges, including Wittenoom Gorge, have spiritual significance, forming part of the Banjima Peoples’ cultural storylines.

Today, Banjima people live in

the towns of Port Hedland, Tom Price, Roebourne, surrounding communities and on Banjima country.

The Banjima language is still spoken by many people in the Pilbara.

How big an area is this decision over and where is it located?

Around 10,200 square kms of traditional lands. Banjima country extends west towards Tom Price, and east towards the town of Newman.

How many Banjima people are there?

Right now, there are around 700

Banjima people and these rights will also be passed down to future generations of Banjima people.

What was the decision about?

This decision sees the Australian legal system recognise that the Banjima people had their own system of law and ownership of land well before European settlement.

This isn’t the same as land ownership, but as native title holders, Banjima people will have certain rights such as being able to go on land to hunt or conduct cultural ceremonies - and be consulted about developments such Page 1

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Alec Tucker, Banjima Elder said, “This is a joyful day for us. We’ve been looking forward to this for a long time. We’ve been waiting for so long. We know its Banjima country, it’s my grandfather’s country, my father’s country - I think the old people would be happy about today.”

as mining.

Why was the decision important?

It is recognition for the people who follow their traditional culture and it is an official statement that Australia recognises their living culture.

What Banjima People have always known has now been legitimised and recognised in the courts.

Sadly, many Banjima Elders and witnesses in the trial have passed away in the time it has taken for this claim to be recognised.

Following today, we hope the State reviews their approach, to relieve other native title groups and their Elders from the same distressing process.

What rights will the Banjima Page 2

people have – is this ownership?

A native title determination does not give ownership of the land. It does not give the right to refuse a mining lease.

Native title is recognition under Australian law that Aboriginal people are the Traditional Owners of the land and had a system of law and ownership of their land before European settlement.

Common examples of rights that are recognised in a native title determination are: • The right to protect sites • The right to access or hunt on country • The right to camp or live on the land • The right to hold ceremonies • The right to have a say in the management or development

of the land Every native title claim group has to list the rights that they are claiming, so it is slightly different for each group.

Are there any mining projects or agreements on Banjima Country?

Yes, Banjima Country is extremely resource rich and Banjima people have negotiated dozens of land access and heritage agreements with mining companies over recent years.

Banjima are currently in the final stages of major negotiations with BHP Billiton and Rio Tinto over their iron ore projects on Banjima country.

Will this stop any mining projects from going ahead?

Not at all, it allows for a

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smoother process. Major companies such as Rio and BHP Billiton are supportive of native title being settled because it means certainty for their mining agreements.

Both BHP and Rio are negotiating to provide Banjima people with funds to set up Banjima’s corporate structures into the future.

Banjima have also been supportive of mining activity but they do insist on a seat at the table, to have a voice about what happens, how it happens.

If mining impacts on their country or ways of life, they want to lessen those effects and ensure Banjima culture is respected.

Isn’t the Town of Wittenoom included in the area?

Yes, Wittenoom Gorge forms part of Karijini National Park which is a major tourist attraction in the region.

The presence of asbestos in the Wittenoom area prohibits any tourism ventures that the Banjima People would otherwise look to operate in the area and would be a source of sustainable business for the Banjima people.

In addition, much of the surrounding Mulga Downs Pastoral Station has become contaminated

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with asbestos and continues to be so, especially after heavy rains.

The asbestos is exposed within the Gorge and gets washed down into the flood plain after heavy rain (which a common in the Pilbara).

The contaminated pastoral station, which is on Banjima country means that Banjima People are continually at risk when exercising their native title rights to hunting and camping.

Many Banjima people live on their ancestral lands, however several Banjima people have expressed the view that they would like to return to live in Wittenoom and look after their many sacred sites and important places in that area.

But, as a result of the resulting health risks and closure of the town, the Banjima People have been dispossessed of their traditional country both in and around Wittenoom.

Although the Banjima People have been found to have native title rights over Wittenoom, the question remains about how they can be compensated for losing access to and use of their traditional country in and around this town.

Is Karijini National Park included in this decision?

As a national park, Karijini wasn’t included in the native title area – however Banjima people do regard it as traditional country, shared with the Yinhawangka and Guruma language groups.

Banjima People have a lot of ongoing involvement in the Aboriginal owned Eco-Resort and Visitors Centre and will continue to have a strong cultural connection with Karijini.

What other projects are happening?

There are proposals underway for a possible Banjima cultural heritage facility.

There are a vast amount of Banjima artefacts that were taken away since European settlement that need to be returned and properly stored for future generations.

What happens from here?

From here, the Court is likely to ask for further submissions on how a final Determination for Banjima will look.

This Determination can be oncountry and Banjima will want to see this happen.

The corporate structure to look after Banjima native title into the future will need to be established and work on this is well under way.