Aboriginal Way | Issue 90 | Autumn 2023

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A tribute to Yunupiŋu, a lifelong warrior for Aboriginal rights

Let Our Songs Speak for Us

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“We’re on Kaurna land, not French land”

Government’s new cultural policy ‘puts First Nations first’

A publication by South Australian Native Title Services

www.nativetitlesa.org

Issue 90 | Autumn 2023

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Native title wins on Eyre and Yorke Peninsulas See articles inside

WARNING: Aboriginal and Torres Strait Islander readers are warned that the following publication contains images, names, and stories of deceased persons.

2 Aboriginal Way | A publication by South Australian Native Title Services

Narungga Nation receives native title and cultural loss compensation

After a decade-long wait, the Federal Court has formally recognised the Narungga people as the native title holders of the Yorke Peninsula.

Narungga people met at Point Pearce Aboriginal School on March 15, 2023 to have their native title rights and interests recognised at a Federal Court hearing on Country for land and waters from Mundoora in the north to Dhilba Guuranda-Innes National Park in the south of Yorke Peninsula.

The Narungga people were also compensated with a settlement for the unlawful loss of their connection to Country in areas where native title was extinguished.

Attorney-General and Minister for Aboriginal Affairs Kyam Maher who attended, said it was a historic occasion he was proud to be a part of, and gave a rundown of just how important Narungga have been historically in Aboriginal land rights.

This page, from top: Attorney-General and Minister for Aboriginal Affairs Kyam Maher addressing the Court and Narungga people in attendance; Narungga community members and a furry onlooker. Opposite page, from top: Point Pearce Aboriginal School hosted the consent determination; Point Pearce Aboriginal School children sang ‘Incy Wincy Spider’ in language; Narungga Nation Aboriginal Corporation chair Anne Newchurch speaking to onlookers.

“The Narungga people have been leaders in so many areas in so many fields,” Mr Maher said.

“It was, in the 1950s a visit from a young Adelaide lawyer Don Dunstan, who later went on to be an MP, the Attorney-General and the Minister for Aboriginal Affairs, that convinced him that there needed to be formal recognition of Aboriginal-held land.

That led to the first ever Aboriginal land rights legislation, the Aboriginal Lands Trust in 1966 as a direct result of Don Dunstan’s early visit out to the then Port Pearce Mission.

“We saw over 20 years ago, the first-ever Indigenous land-use agreement in South Australia, between the State and Narungga.

And of course, only a few years ago, the firstever agreement as part of a Treaty process signed between the State and Narungga.”

Native title applicant and proud Narungga man John Buckskin said that the determination acknowledged the fight that began by previous Narungga generations, whilst providing a pathway for future economic prosperity.

“Today represents a time for reflection on the sadness and sorrow of so many of our First Nations and Narungga people who fought for their land and cultural survival and for those families who were massacred,” Mr Buckskin said.

“The consent determination gives Narungga people the opportunity to invest in partnerships with non-Aboriginal people towards developing economic opportunities with federal, state and local governments, and private enterprises.”

Narungga Nation Aboriginal Corporation Chair, Anne Newchurch said that while it will “never be enough”, this consent determination will create so many more opportunities for Narungga generations into the future.

“This is a historical and emotional day for the Narungga people and community who have continued the journey our Elders started over 20 years ago,” Ms Newchurch said.

“The compensation will never be enough for the loss of our cultural heritage and our people’s connection to Country, but it does provide our people with an opportunity to invest in our future and to provide opportunities for our children, and our children’s children.”

The consent determination follows the historic signing of the Buthera Agreement in February 2018 by the South Australian government and the Narungga Nation, to provide the Traditional Owners with capacitybuilding support, to drive development, economic enterprise, and collaborative engagement with government agencies.

Mr Maher spoke about the leadership role Narungga have already taken up within the state.

Issue 90 | Autumn 2023

South Australian Native Title Services Level 4 345 King William Street Adelaide SA 5000 Editor Keith Thomas Communications Officers Caleb Sweeting Joy Lothian Designer Alison Fort Advertising Enquiries (08) 8110 2800 Circulation 10,000 If you have any stories of interest to our readers, please address any correspondence to: aboriginalway@nativetitlesa.org

Aboriginal Way South Australian Native Title Services Level 4 345 King William Street Adelaide SA 5000 Ph: (08) 8110 2800 Fax: (08) 8110 2811 FREECALL: 1800 010 360 The Editor has the final decision on all stories and advertising that appear in this publication.

“You just have to walk into the school, look at that honour board of the Narungga educators who have been leaders in so many areas, in terms of the first principals of an Aboriginal school; or the professors who are up there, to see a demonstration of the leadership role Narungga have taken in South Australia more broadly. So that’s why I think it’s such an important day to be here for the resolution of this native title claim,” he said.

“Two, as has been said, to recognise, formally, in Australian law, what has always been known, it is Narungga land and seas, and Narungga Country. And I think that will be important for generations to come; but also as part of the determination process, the compensation payment to set up a brighter economic future for Narungga people.”

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Cover images, from top: Narungga people pictured alongside Federal Court of Australia representatives at the handing down of the determination; Wirangu and Nauo applicants, the Court, and SANTS legal/ anthropology teams.

Contact: aboriginalway@nativetitlesa.org

WARNING: Aboriginal and Torres Strait Islander readers are warned that the following publication contains images, names, and stories of deceased persons.

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4 Aboriginal Way | A publication by South Australian Native Title Services

Letter from the Editor: Historymaking State Voice to Parliament and native title concerns First Nations have the existing governance structures and processes in place, Traditional Owner membership, regular meetings, elections and voting processes to appoint leaders. This is all through native title corporations.

The building blocks for the Voice to Parliament already exist.

Why isn’t the state government recognising and investing in the existing First Nations leadership to achieve a Voice to Parliament?

What will happen in South Australia is we will have two voices; a Voice that is funded by the government, supported by the government, and provides advice to the government and a Voice by the people, for the people, to maintain lore and custom for Aboriginal people at a grassroots level.

South Australia has made history by officially becoming the first state in the country to pass the bill for an Indigenous Voice to Parliament.

The bill for the State Voice passed SA parliament in a special Sunday sitting on March 26, 2023. The rainy weather did not deter an estimated 5,000 South Australians from making their way to a partially blocked-off North Terrace to witness the historic event, which was broadcast on screens outside the Houses of Parliament.

How will it work?

Made up of elected local, regional, and remote Aboriginal representatives, the advisory body will have the ability to address state parliament and cabinet on issues affecting the lives of First Nations South Australians. 12 representatives from six groups will make up the State Voice, elected from local representatives, with an equal number of men and women.

Following a one-off round to establish the body later this year, elections for these representatives will be held alongside state elections. Though the Voice will have the ability to influence state laws, policies and programs, all final decisions will remain with the government of the day. $10 million has been budgeted across four years to set up the Voice and fund it.

What are the concerns of native title bodies?

SA Native Title Services (SANTS) has been vocal about the concerns of the native title holders we represent across the state. While we do support the principle of a Voice to SA Parliament, our major concern is that the State Voice will become a separate entity with the potential to erode and undermine existing First Nations leadership and cultural authority, leading to a lack of recognition and inclusion of native title groups (including Prescribed Bodies Corporate).

Specifically, the legislation creates a conundrum in that the proposed Voice (be it state or local), will be given legislative functions that are already being performed by Traditional Owner bodies. Only Traditional Owners have the responsibility and right to speak for issues impacting them, their Country, their community and their culture. Yet the proposed legislation would seek to give the Voice authority where there is none other than that bestowed by the State. It establishes a well-resourced, regional body to engage in matters of interest with little accountability or authority to or from First Nations.

There is a disregard and disrespect shown to First Nations SA with the undermining of each First Nations group and complexity created where there doesn’t need to be. Each First Nations group is the rights holder of their Country, and no one else should be given authority (especially by the Crown) to perform functions or make decisions about issues over that Country.

No First Nation of SA will wish to give up their hardwon native title rights and interests; their recognition as Traditional Owners, their cultural authority to speak for Country, to speak for community, to speak for culture and to speak on matters of interest to its members and common law holders. This cultural authority should be recognised and respected by the state government to build strong First Nations governance structures that are representative of Traditional Owners, instead of seeking to recognise a legislated body to perform functions already being performed by each First Nations group. Setting up another platform, the Local First Nations Voice is effectively a duplication of work, wasting valuable resources and time.

Furthermore, the establishment of Local First Nations Voices has the potential to create a false narrative about who can speak for Country, create confusion about responsibilities, and create uncertainty by potentially putting each First Nations group and the Local First Nations Voice at loggerheads. It would seem the state government is intent on creating division between Aboriginal people and each First Nation rather than investing in and strengthening First Nations leadership.

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Update Native title claims update Active claims Wirangu No.2, Wirangu No.3 and Wirangu No.2 Sea claim – Parts B and Nauo No.3 Consent determination February 2023.

Narungga Nation Consent determination 14 March 2023.

Wilyakali No.1 Consent determination currently scheduled for June 2023.

Nauo/ Nauo No.4 Timetable for determination by second and third quarter of 2022/2023.

Ngadjuri No.2 Timetable for consent determination in second or third quarter of 2023.

Nauo No.2 Timetable for determination by second and third quarter of 2022/2023.

Yandruwandha Yawarrawarrka Consent determination negotiations and programming orders in suspension pending outcome of negotiations.

Walka Wani Oodnadatta No.1 and No.2 and Arabana No.2 Judgment in appeal reserved.

Far West Coast (FWC) Sea claim Judgment reserved.

First Peoples of the River Murray and Mallee No.2 Consent determination negotiations and subject to programming orders.

First Nations of the South East No.2 and Ngarrindjeri – Part B Mediation and timetable for consent determination in 2023.

First Nations of the South East No.1 Discussions regarding the effect of various grants on native title continue.

Malyankapa Court orders regarding connection.

Compensation claims Matters continue to be negotiated.

Issue 90 | Autumn 2023

Native title granted to Wirangu and Nauo people

On February 10, the Wirangu and Nauo people celebrated the Federal Court’s recognition of their shared native title rights and interests on the western Eyre Peninsula.

After a 25-year wait, Justice O’Bryan met the Wirangu and Nauo people at Elliston Community Hall to deliver their native title consent determination.

Representatives from the State of South Australia, the Commonwealth of Australia, and the District Councils of Elliston, Streaky Bay and Wuddina also attended.

“The Wirangu and Nauo people have shown great determination and great patience in pursuing their entitlement to have their traditional ownership of this Country recognised under the Australian legal system,” Justice O’Bryan said. “[They] have also shown a great respect for each other in recognising their mutual rights and interests in this Country.”

The formerly overlapping consent determinations were consolidated by Wirangu and Nauo during a mediation with the state and federal governments in July 2021.

Wirangu applicant and Elder, Jack Johncock, said the determination was “a credit to our people, our Elders, who had to come together quite a few times to compile evidence to prove to White Australia that we were once the people who owned this Country. And it’s sad that this is a process that we have, considering our genealogies have been here for thousands of years.”

“I’m hoping that Nauo and Wirangu work together constructively and creatively, to maybe look at [setting up] businesses in the area that both parties are going to benefit by.”

Nauo applicant and Elder, Jody Miller recognised past Elders, including his Auntie Marlene Weetra-Height, who started fighting for recognition over 30 years ago.

“This [consent determination] acknowledges who we are and where we’re from: to have the Nauo name put up in places where people can understand that this is our Country and what we’ve fought for,” he said.

“It’s been a long and hard struggle. This is our first native title handover and I know it’s going to be a big buzz for us. I’m also a Wirangu man, which is my mother’s side, so it’s just one big whammy for me and I’ll just try and hold the tears back today.”

Legal Counsel for the Nauo and Wirangu people, Susan Phillips, said it was a privilege to be “part of a long list of people who’ve worked with them for so long towards this determination.”

“This is the day for which the Elders – the source of their strength – have worked on claims that commenced more than 25 years ago in August and November 1997, and have continued with adaptations ever since.”

The determination area includes land and waters from the coast just south of Ellison to the north of Venus Bay, stretching inland to the Eyre Highway from Wudinna to Kyancutta.

Justice O’Bryan said, “the history of European settlement of this Country brought great hardship for Wirangu and Nauo people.”

“The first European explorers ventured here from about 1839 and the first sheep stations were carved out in the early 1850s.

Settlement of the area was a contested and often violent frontier for a long period of time, severely impacting the Wirangu and Nauo people. Despite that, the Wirangu and Nauo people have continued to acknowledge their traditional laws and continue to observe their traditional customs.

“It’s important to emphasise that the determination of native title by the court today does not create native title in the determination area. Rather, it marks the recognition by the Australian legal system of the Wirangu and Nauo people long-held native title in this land, which has existed according to their traditional laws and customs since long before this determination and before the time of the assertion of British sovereignty.”

Wirangu has settled all their native title claims and Nauo anticipate another consent determination later this year

This page, from top: Justice O’Bryan delivers his judgment; Wirangu and Nauo people and the wider community at Elliston Community Hall; The cliffs of Waterloo Bay, where up to 200 Aboriginal people were murdered by colonial settlers; The Waterloo Bay monument – three dark granite sculptures, designed by the late Wirangu Elder Penong Miller.

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A tribute to Yunupiŋu, a lifelong warrior for Aboriginal rights

A man who carried great influence across two worlds, the Northern Territory bush and Australian politics, Yunupiŋu passed away in Arnhem Land at age 74 in early April. Yunupiŋu was a Yolŋu man and the leader of northeast Arnhem Land’s Gumatj clan.

This page: With Prime Minister Albanese at Garma Festival 2022. Image: Melanie Faith Dove, Yothu Yindi Foundation. Opposite page, from top: Two laws. Image: Northern Land Council; Invested with an Honorary Doctor of Law by the University of Melbourne at Garma Festival 2025. Image: Peter Eve, Yothu Yindu Foundation.

A champion of Aboriginal land rights right from the beginning, Yunupiŋu helped draft the historic Yirrkala Bark Petitions at age 16 alongside his father, then Gumatj clan leader Mangurraway. These petitions became the first traditional Aboriginal documents to be recognised by federal parliament. He then came to national attention through his involvement in the Gove Land Rights court case against mining firm Nabalco from 196871, where he served as a court translator for his Elders who lost the case, despite their best efforts.

Yunupiŋu spent more than two decades from 1977 as chairman of the Northern Land Council during a period of great change where he worked to help Aboriginal people take back their land, particularly through negotiations over uranium mining at the edge of Kakadu National Park.

This led to his recognition as Australian of the Year in 1978 and as a member of the Order of Australia in 1985 for his services to the Aboriginal community.

He was also instrumental in helping to create the Barunga Statement, which is still seen as the blueprint for a treaty between Aboriginal people and the Australian government today.

The statement was made up of two paintings and a petition calling for the Aboriginal and Torres Strait Islander rights of self-determination, land rights, compensation for dispossession, the protection of sacred sites, the return of remains and human rights afforded by international law.

It sought a national, elected Aboriginal body, national land rights, recognition of customary law and the negotiation of a treaty, and was presented to then-prime minister Bob Hawke in June 1988. Yunupiŋu said of the statement at the time: “It will be something to remind any government who will run in its power to change policies and constitution, that Aboriginal people will always be in front of their policy making and decision making.

The notice that we will present to the prime minister now will remind not only Bob Hawke but the next one after him, and the next one after him, and the next one after him, and the next one after him, and we can count that for another 200 years.”

After being presented with the Barunga Statement Hawke made promises about national land rights, but he was ultimately unable to deliver them during his term. His final act as prime minister was to hang the statement on the wall of Old Parliament House to serve as a reminder for future leaders, just as Yunupiŋu had wanted it to be.

Yunupiŋu’s work inspired his younger brother, Mandawuy Yunupiŋu, the lead singer of NT rock band Yothu Yindi, to write the hit song ‘Treaty’ (co-written by Paul Kelly with input from Peter Garrett), which won five ARIA Awards in the early 1990s and drove the national conversation about Treaty – and Indigenous issues in general - into the mainstream Australian dialogue.

Issue 90 | Autumn 2023

“It was released at a time where the Mabo case was in the High Court.

It highlighted the whole Indigenous movement,” said Aboriginal singersongwriter Kev Carmody.

With ‘Treaty’ on the airwaves for all Australians to hear and the Barunga Statement hanging on the walls of parliament as a reminder for all future prime ministers, it seemed like the change Yunupiŋu fought so hard for may finally be on the horizon.

But in 2006, frustrated by decades of broken promises, Yunupiŋu demanded the Barunga Statement be returned to Country, saying it had been fundamentally disrespected by the settler-colonial government and should be buried at Barunga to symbolise the buried hopes of a fair and just settlement.

“Sovereignty became treaty, treaty became reconciliation and reconciliation turned into nothing… We will dig a hole and bury it,” he said at the time.

“It will be a protest, but I also hope that it can represent a new start for Aboriginal people.”

Pushing for the rights of his people over so many decades meant that Hawke was the first of many Australian prime ministers to meet with Yunupiŋu, including current PM Anthony Albanese who sat down with him at Garma Festival just last year, when Albanese publicly committed to holding a referendum on constitutional recognition through a Voice to Parliament.

In a joint statement the Minister for Indigenous Australians Linda Burney, NT Senator and Assistant Minister for Indigenous Australians Malarndirri McCarthy and Member for Lingiari Marion Scrymgour dedicated the “future success” of the referendum to Yunupiŋu, who was a member of both the Voice to Parliament’s Referendum Working Group and the Indigenous Voice co-design Advisory Group.

“Australia has lost a giant. He worked with more than 10 prime ministers of Australia on the struggle for Indigenous recognition and lived through the many disappointments… His gifts to us as a nation was a life of truth-telling and a passionate belief in his people and in Australia, and we as a nation can gift to him a successful referendum later this year.”

Yunupiŋu’s eldest daughter, Binmila Yunupiŋu, said her father would be remembered for his fierce leadership and strength for Yolŋu and for all Aboriginal people throughout Australia.

“Our father was driven by a vision for the future of this nation, his people’s place in the nation, and the rightful place for Aboriginal people everywhere,” she said.

“Yunupiŋu lived his entire life on his land, surrounded by the sound of bilma (clapsticks), yidaki (didgeridoo) and the manikay (sacred song) and dhulang (sacred designs) of our people. He was born on our land, he lived all his life on our land and he died on our land secure in the knowledge that his life’s work was secure.”

The Yothu Yindi Foundation also paid tribute to the life and work of its co-founder and chairman.

“Yunupiŋu was a master of the ceremonies and a keeper of the songlines of the Yolŋu people. He held the deep backbone names of the country and the sacred knowledge of his people. His totems were fire, rock and baru (saltwater crocodile) and his name means the sacred rock that stands against time…

“A pioneer of the land rights movement and Aboriginal rights more broadly, he spoke for Aboriginal and Torres Strait Islander people when they were voiceless, working with leaders from throughout the country to return Indigenous people to their rightful place.”

Among many other things, Yunupiŋu will also be remembered as one of the National Trust of Australia’s ‘National Living Treasures’ (1998), the co-founder of Garma Festival with brother Dr M Yunupiŋu (1999), founder and inaugural chairman of the Gumatj Corporation, a singer, a painter and a force of the Aboriginal community.

Aboriginal and Torres Strait Islander readers please be advised: Yunupiŋu’s last name and images are used here with permission in accordance with the wishes of Yunupiŋu’s family.

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Proposed changes to the constitution “A Proposed Law: to alter the constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?” “(It’s) a sensible and practical proposition that Aboriginal and Torres Strait Islander people should have a say in the decisions and policies that affect them,” he said.

Minister for Indigenous Australians Linda Burney assured the public there is nothing to fear.

“I am sure that over the next six or seven, eight months, we are going to see lots of misinformation, lots of disinformation and potentially scare campaigns,” she said the morning after the updated wording was announced.

Federal Indigenous Australians Minister Linda Burney with the Referendum Working Party, SA’s Attorney-General and Minister for Aboriginal Affairs Kyam Maher and SA’s Commissioner for Voice Dale Agius on Kaurna Land.

This is the question Australians now know they will be asked in a national referendum, likely to be held between October and December this year.

Prime Minister Anthony Albanese had tears in his eyes as he revealed the final wording of the referendum question and proposed constitutional amendment in an emotional press conference on March 24, following months of consultation with Aboriginal and Torres Strait Islander people from across the country.

He urged fellow citizens not to ‘miss’ the opportunity to learn about the Voice over the coming months and ensure they make their vote count in the referendum.

“This is an opportunity that doesn’t below to the politicians, it belongs to every Australian equally, one person – one vote,” he said.

“People from all faiths, backgrounds and traditions. All of us will have an equal say, all of us can own an equal share of what I believe will be an inspiring and unifying Australian moment.”

If a majority of Australians vote in favour of the Voice, Aboriginal and Torres Strait Islander people would be officially enshrined as the ‘First Peoples of Australia’ in our national constitution, with the addition of these sentences:

• There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice • The Aboriginal and Torres Strait Islander Voice may make representations to parliament and the executive government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander people • The parliament shall, subject to this constitution, have power to make laws with respect to matters relating to Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

Mr Albanese said that the constitutional provisions would enshrine the two “fundamental principles” of recognition and consultation.

“First; recognition. As Australians, we have an extraordinary privilege we share this great island continent with the world’s oldest continuous culture and the nation should recognise this and be proud of it,” he said.

“People who have loved and cared for this country for 65,000 years and more, in countless ways, we embrace it as a source of great pride. And we should recognise it.”

He added that idea of consultation was “not a radical notion”.

“…this has been a rigorous process. We have sought and received advice from the best legal minds in this country and the cabinet approved the working group’s preferred set of words and they are very close to what the Prime Minister advanced at Garma, almost seven or eight months ago now. So I can assure everyone there is absolutely nothing to fear from this Voice. It will mean better outcomes for Aboriginal and Torres Strait Islander people. And every single Australian understands that a 10-year gap in life expectancy is not acceptable in this country. But it will also mean something for everyone. Every single Australian will be able to walk prouder and taller the Sunday after referendum day.”

How will the Voice work?

Guiding principles that were developed by the Referendum Working Party have been released by the federal government to help “eradicate fears” that may be held about the role the proposed advisory body will have.

The principles are as follows: A. The Voice will give independent advice to the parliament and government : - The Voice would make representations to the parliament and the executive government on matters relating to Aboriginal and Torres Strait Islander people - The Voice would be able to respond to requests for advice, or give advice proactively - It would have its own resources to research and develop recommendations.

B. It will be chosen by Aboriginal and Torres Strait Islander people based on the wishes of local communities: - Members of the Voice would be selected by Aboriginal

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and Torres Strait Islander communities, not appointed by the government Members would serve for a fixed period of time to ensure accountability.

C. It will be representative of Aboriginal and Torres Strait Islander communities, genderbalanced and include youth: - Members of the Voice must be Aboriginal and/or Torres Strait Islander, as determined by the standard three-part test - Members will be chosen from each of the states, territories and the Torres Strait Islands - The Voice will have specific remote representatives as well as representation for the mainland Torres Strait Islander population - The Voice will have a balanced gender representation at the national level.

D. Will be empowering, communityled, inclusive, respectful and culturally informed: - Members of the Voice will be expected to connect with – and reflect the wishes of – their communities - The Voice will consult with grassroots communities to ensure it accurately represents their views and experiences.

E. It will be accountable and transparent: - The Voice will fall under the scope of the new National Anti-Corruption Commission - Members of the Voice can be sanctioned or removed for serious misconduct.

F. Will work alongside existing organisations and traditional structures.

G. Will not have a program delivery function: - The Voice will not be able to manage money or deliver services.

H. Will not have a veto power: - The Voice will have no power to overturn or change parliamentary decisions.

Article continued on page 12

Issue 90 | Autumn 2023

“We’re on Kaurna land, not French land”

This was eight-year-old Eloise’s very matter-of-fact response as to why she prefers learning the Kaurna language over French at Upper Sturt Primary School, in their new Kaurna program.

Run by local Kaurna Elder Uncle Tamaru alongside principal Adam Blakely and teacher Matt Cattanach, the program, which only began in 2021 (the same year Adam started as principal), is already growing from strength to strength.

The school had been teaching French as its 50-minute a week language class, but the previous principal found it didn’t seem to be hitting the mark with students.

This coincided with a real interest in the development of their Reconciliation Action Plan (RAP), which included cultural awareness training from Uncle Tamaru who was already known for his work teaching Kaurna in local kindergartens.

A key goal of the RAP was to have Kaurna authentically embedded as an integral part of daily life not just in the classroom, but right across the life of the school. Another of the main drivers for the program was a deep link to the natural environment, given Upper Sturt Primary’s picturesque setting in the heritage bushland of the Adelaide Hills.

“The kids are able to access the beautiful physical environment of the heritage bush of our site for so much of their learning.

They not only learn about Country, they learn in it; outdoors, and who better to do that with than the Kaurna people, with their deep, rich knowledge both culturally and language-wise,” said Adam.

This page, from top: Upper Sturt Primary School’s morning Welcome Circle featuring clapping sticks, song accompanied by guitar and a smoking ceremony; Principal Adam Blakely, Uncle Tamaru and teacher Matt Cattanach.

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“When French was the language being taught prior to me coming, it wasn’t really connecting with the kids; there wasn’t an application of it or a context for it, but with Kaurna there’s a real context to it, and it’s starting to infiltrate right across the school. The kids have agency over what they are learning; they can connect their understanding of the environment, sustainability and the natural world to both current Kaurna culture and to historical Kaurna culture of over 60,000 years.”

Kaurna is starting to visibly trickle across every part of Upper Sturt Primary now, with morning Welcome Circles, a Reconciliation Garden growing local native plants, bush tucker and bush medicine where each student adopted a plant to care for, regular Acknowledgments of Country and activities such as making Kaurna shields, and an active parent group who are committed to supporting the advancement of the school’s RAP. Uncle Tamaru says he is inspired by the students’ appetite for learning, and just how quickly they have taken to the language and the culture that comes with it.

“When parents found out that I was going to come and teach Kaurna language at the school, they sent all their kids here, so the reception class was just packed with students keen to learn,” he said.

“Matt and I came up with a curriculum and we shared it with Adam and agreed that we would go in that direction. You look at these STEM Programs? Well, my culture’s been doing that for 60,000 years! We pretty much had those reception kids teaching Matt Kaurna because their hunger for knowledge and language is just amazing. Now they greet me in language, they ask me questions in language, and we’re finding that they’re taking it back to their siblings at home too.”

Now into its third year, the program has evolved from focusing on just the older style of German-influenced Kaurna to including the newer, more modern English style.

“We had some really interesting arguments – conversations – about what direction we wanted to take,” said Uncle Tamaru.

“I need to be mindful that my language is changing, so now we’re doing terms 1 and 2 in the older German-style, which is a wind language, and terms 3 and 4 in the more modern English-style language. The difference is in the pronunciation, and it’s actually really good for the kids, because they are picking the differences now, and it’s all about stimulating conversations; should it happen, why does it need to evolve? The kids are really loving it, they’re embracing it.”

Matt agrees the transition has been smooth and made an immediate impact right across the school, not just in the classroom, and is really helping towards their reconciliation goals.

“The kids just love Uncle; they love him coming out. They’re learning about this language and this culture, and here is somebody who embodies it, right in front of them,” he said.

“These kids already have their love of Country, their love of the natural world.

Then discovering a cultural and historic dimension to that; they just can’t get enough. It’s that combination of the handson things that they’re participating in here; the Reconciliation Garden, the Welcome Circles. Then they’re hearing the tiati, the truth from Uncle. He’s sharing real, heartfelt stories with them and he’s not afraid of wearing his heart on his sleeve and showing emotion.

“There’s cause for sadness and regret for things that have happened in the past that are not good; that are downright terrible, and yet the kids still have that sense of hope and positivity because of everything else that we’re doing. That gets them really passionate to learn more but also to want to make a difference and walk on a reconciliation journey. When we talk about reconciliation, they understand it; they have practical examples of things that we’re doing here at the school that they can speak to, that give them a real hope and an optimism for the future.”

That is the wish that Uncle Tamaru has for this generation from the work being done now.

Issue 90 | Autumn 2023

“When these children have the right to be a governor, a premier, a lawyer; when something about Aboriginal people crosses their bench, they’re not going to put it in the too hard basket – they’re actually going to deal with it because they will say ‘I know this culture, I know the people. I know Uncle, he’s pretty cool – he rides a Harley!

Let’s work with them’.”

The way Upper Sturt Primary has embraced Aboriginal culture wholly through the program does not stop at the school gates. Students are now becoming educators themselves by taking home lists of Kaurna words and phrases to stick on their fridges; clippings of plants from the Reconciliation Garden for their backyards, and allencompassing concepts like Ngaitalya (respect) to their families.

“My fondest memory is one Christmas a Mum at the school came up and hugged me and said ‘thank you, thank you, thank you’ and I said ‘what have I done?’,” reflects Uncle Tamaru.

“She was a single Mum, and she was at her wit’s end because her young boy was hitting his sisters and being mean, and through meeting me here, he now goes over to the stove and picks his sisters’ food up and brings it over to them instead, because he’s got Ngaitalya, respect. Matt and Adam and I had conversations about how we wanted these kids to learn Ngaitalya early on in the program: respect for each other; respect for Mother Earth, and respect for their families. And now you can see the results of that; these are the things we’re achieving here.”

Jessica Jones has two boys at Upper Sturt Primary, one of whom knew Uncle Tamaru from his time in a nearby kindergarten, and has found that the program has initiated a deepening of understanding for their whole family as they have found ways to create continuity between the school learnings and the home environment.

“Uncle Tamaru is very skilled at weaving stories and presenting the truth in an age-appropriate way that doesn’t alienate children. He’s giving us a path forward; an open doorway for these students to go to him with open hearts and honest questions.

He’s very generous with them and has become such a significant part of the Upper Sturt family. I’m awed that my boys get to have this experience and know that it will be a visible part of their life forevermore. It’s not going to be this hidden, misunderstood almost myth that you hear about as a child, that’s edited so heavily. These children have now got truth, they’ve got connection to Kaurna people, to the culture. They’ve got an experience of that culture that is visible to them, and they are a part of it. I’m really optimistic about what this means for the future of reconciliation and for the preservation of Kaurna culture and language,” Jessica said.

“I’ve got goosebumps just talking about it, because it’s just meant so much to my whole family and I’m extremely grateful to have it as a core part of what the school has to offer. Just the way they have adopted it and embraced it and continue to weave it into everything that they’re offering is really, really special.

“I feel like this is just the beginning of the journey. There’s a sense of excitement that something really big is growing from this; it’s encompassing not just the school, but everything around in the local community that is linked to the school.”

And what is the school’s advice to other schools who want to start embedding Aboriginal culture?

“Probably simply to start talking to local Aboriginal community members,” said Adam.

“Engaging with the local Kaurna community, or whatever Aboriginal community whose land you are on would be the first step; that’s a crucial one, nonnegotiable. We certainly didn’t want to be doing things on behalf of the Kaurna people, or being inappropriate in any way. We wanted to ensure there is a genuine, respectful relationship. From there you can be guided and directed by them, in partnership.”

“This is about creating the kind of future that we want to see,” adds Uncle Tamaru.

Opposite page: Uncle Tamaru uses the teachers to illustrate a point for the students. This page, from top: Songs at the morning Welcome Circle; The Reconciliation Garden (with two stages still to go).

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12 Aboriginal Way | A publication by South Australian Native Title Services

Next steps to Close the Gap The second Closing the Gap Implementation Plan was released by the Australian government earlier this year, investing $424 million in additional funding to address Indigenous disadvantage through practical measures. It was released alongside the Coalition of Aboriginal and Torres Strait Islander Peak Organisations (Coalition of Peaks) Annual Implementation Plan.

The Australian government has admitted that the gap is not closing fast enough and is going backwards on some measures.

“We saw the outcomes in the 2022 Closing the Gap annual report and know that we need to be doing more as a government,” said Minister for Indigenous Australians, the Hon Linda Burney MP. “Our measures are going to be more specific and more targeted, making real impacts that complement work underway in states and territories, and back in Aboriginal and Torres Strait Islander community-controlled organisations to lead work in their communities.”

The updated Implementation Plan includes practical new measures such as $150 million towards water infrastructure to result in clean and safe drinking water for Indigenous communities.

“I think it would be a shock to many people that there are many communities

– remote Aboriginal communities in Australia – that do not have clean drinking water and cannot have dialysis because the water is not clean enough for the dialysis machines, despite the fact that renal failure is such an issue in our communities,” Ms Burney said.

Just under $112 million will be contributed to a new one-year partnership with the Northern Territory government to accelerate the building of new remote housing, targeted at addressing the worst overcrowding. And $11.8 million will go over two years towards the National Strategy for Food Security in remote First Nations communities to make essential food more affordable and accessible in remote communities.

Continued funding of more than $68 million will deliver legal and nonlegal support to women and children experiencing family, domestic and sexual violence over two years.

Over five years, nearly $22 million will go towards supporting families impacted by family violence and at risk of engaging in the child protection system through the delivery of placebased, trauma-aware and culturally responsive healing programs aimed at early intervention and recovery and keeping families together.

The new financial aid is on top of

$38.4 million will go over four years towards boosting on-Country education for remote First Nations students, including more access to junior rangers and more choice of culturally appropriate distance learning for families. $21.6 million will also be put towards supporting rural and remote students for an additional year of quality boarding.

Pat Turner AM, Co-Chair of the Joint

The measures will be designed in line with the National Agreement’s four Priority Reforms and delivered through formal partnerships with Aboriginal and Torres Strait Islander organisations and communities.

the $1.2 billion in funding set aside from the October budget for tangible solutions.

“We have decades of underinvestment in our communities and organisations to be addressed, and this funding will go some way to overturning that,” said Council on Closing the Gap. “It is critical that the new investment is delivered in line with the Priority Reforms and through formal partnerships between government and communities and organisations on the ground.”

This second implementation plan was released by the federal government in February to coincide with the 15th anniversary of the historic apology by the Rudd government to the Stolen Generations.

Proposed changes to the constitution Article continued from page 8

How can the Australian Constitution be changed?

The Australian Constitution established the Commonwealth of Australia when it came into effect on January 1, 1901. This ‘living document’ sets out our laws and is what continues to shape our country.

Only two parts referred to the First Peoples of Australia at the time of its creation: Section 51, which gave the Commonwealth the power to make laws for “people of any race, other than the Aboriginal race in any state, for whom it was deemed necessary to make special laws”, and Section 127 which provided that “in reckoning the numbers of people of the Commonwealth, or of a state or other part of the Commonwealth, Aboriginal natives shall not be counted”.

Aboriginal and Torres Strait Islander people were therefore not recognised as part of the Australian population under the original constitution.

Each state was instead able to create policies of its own, which led to the Aboriginal Protection Acts giving states the legal right to remove children from their families.

But the power of the Australian people to make changes to the constitution is given to us in Section 128: “Mode of altering the constitution: a proposed law is submitted to the electors [and] the vote shall be taken in such a manner as the parliament prescribes”, meaning that the constitution can only be altered through a referendum, or a compulsory vote for all Australians over the age of 18.

19 separate referendums have proposed 44 changes to the constitution since it came into effect, yet only eight changes have been made over this time.

One of these changes came about in 1967 when the historic Referendum on Aboriginal Australians put the following question to the Australian public: “Do you approve the proposed law for the alteration of the constitution entitles ‘An Act to alter the constitution so as to omit certain words relating to the people of the Aboriginal race in any state and so that Aboriginals are to be counted in reckoning the population?”

Australians voted overwhelmingly in favour of the constitution being amended to include Aboriginal and Torres Strait Islander people in population counts and give the federal government the power to make laws for them.

However, now Aboriginal and Torres Strait Islander people, who represent around 3.2% of our population, are not mentioned at all in our nation’s constitution.

In order for the constitution to be amended to enshrine the Voice to Parliament in 2023, what is known as a double majority must be secured by the government.

This means that, across the country, a majority of Australians in a majority of states (at least four of the six states) must vote in favour of the change.

There must also be a national majority of voters – an overall YES vote of more than 50% of all Australians.

Every Australian aged 18 years or over who is enrolled to vote, must do so.

To encourage participation in the referendum, the government has approved changes so that Australians can now use their Medicare cards or Australian citizen certificates to enrol to vote.

Where did this process start?

In May 2017, 250 First Nations representatives from around the country convened at Uluru for the First Nations’ National Constitutional Convention to discuss an approach for constitutional reform to recognise Aboriginal and Torres Strait Islander people.

The Uluru Statement from the Heart was developed from this, which called for “the establishment of a First Nations Voice enshrined in the constitution” and a Makarrata Commission to supervise a process of agreement-making and truth-telling between governments and Aboriginal and Torres Strait Islander people.

National YES Campaign The national launch of the ‘yes’ campaign for the Voice to Parliament was held at Tandanya National Aboriginal Cultural Institute on Kaurna Country in late February, with a $5 million donation pledge made from the Paul Ramsey Foundation.

The yes campaign is focusing on beginning what campaign leaders say is hundreds if not thousands of conversations around the country on the topic of the Voice.

Issue 90 | Autumn 2023

“By voting YES in the referendum, we create a pathway for Indigenous Australians to speak directly to the government of the day about the things that work on the ground in their communities. This will mean fewer misdirected resources and real results for Indigenous Australians,” the ‘yes’ campaign states.

“This recognition is not just symbolic, it’s practical. A constitutionally protected Voice gives Aboriginal and Torres Strait Islander people a direct say in the laws that affect them, allowing for real solutions to the challenges imposed on them in areas like jobs, health, education and justice.”

“No” campaigners such as the newly independent senator Lidia Thorpe, who quit the Greens earlier this year over the Voice debate (among other things), continue to voice concerns about the Voice being an “advisory power with no power”, and wants to see a Treaty established first.

New Zealand, the US and Canada all have Treaties, which are binding agreements between the colonising body and its Indigenous people, but it can take decades of work and campaigning to get to the goal of a signed Treaty.

“We will be crying about this matter for another 200 years if we don’t do it this year,” said Indigenous lawyer and academic Noel Pearson, referring to the Voice.

“Constitutional recognition is about the words in the constitution… that enables Indigenous voices to be able to speak to the parliament, speak to the government, about the policies and laws that affect people.”

Uluru Dialogue co-chair, Aunty Pat Anderson, said the referendum is the “last roll of the dice” for structural reform in Australia.

“We’ve got a big job here. This is the best chance we’ve got for real structural reform – not another tinkering here and tinkering there,” she said.

Who will be voting No? • The Nationals • The Liberal Party – Liberal Party Leader Peter Dutton announced his Party’s formal opposition to the federal government’s model for an Indigenous Voice to Parliament in early April, following a party room meeting in Canberra. Mr Dutton says the party does support constitutional recognition and will advocate for the regional and local voices policy they took to the election. There is a large divide within the Liberal Party with several MPs and senators longtime supporters of the concept of the Voice, whilst others are deeply opposed. Former Indigenous Australians Minister Ken Wyatt, a Yamatji man, quit the Liberal Party over this decision, warning the Liberals that not backing the Voice would add to a “global perception” that they are a “racist party”.

Shadow Attorney-General and Liberal frontbencher Julian Leeser follower suit and backbench MP Bridget Archer has said publicly she has also considered spitting from the party.

“This is a once-in-a-generation chance to make sure that there is recognition and representation. Australia is on the verge of doing something remarkable.

It is on the verge of recognising, finally, First Nations people in a way that is going to make us all proud, and make us walk taller on the day after the referendum. People have been working for decades towards this. The life expectancy outcomes and many of the other social justice outcomes for Aboriginal and Torres Strait Islander people are totally unacceptable. This is a way to make sure that decisions that are made around and about us are decisions informed by First Nations people from across the country. From the efforts of the working group and the engagement group, we are on track to get this thing done, and get it done we will.” – Federal Indigenous Australians Minister Linda Burney

“We’ve got nowhere to go now. We have tried everything. This is our last throw of the dice.”

The Uluru Statement from the Heart

Who will be voting yes?

We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart:

• The Labor Party • The Greens • Every state premier and territory chief minister, including (only) Liberal leader Jeremy Rockliff (Tasmania) • Social sector organisations such as the Australian Council of Social Service, Oxfam, the Fred Hollows Foundation and ANTAR (Australians for Native Title and Reconciliation), who have come together to form an alliance called the “Allies for Uluru Coalition”.

Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs.

This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from ‘time immemorial’, and according to science more than 60,000 years ago.

This sovereignty is a spiritual notion: the ancestral tie between the land, or ‘mother nature’, and the Aboriginal and Torres Strait Islander people who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors. This link is the basis of the ownership of the soil, or better, of sovereignty. It has never been ceded or extinguished, and co-exists with the sovereignty of the Crown.

How could it be otherwise? That people possessed a land for sixty millennia and this sacred link disappears from world history in merely the last two hundred years?

With substantive constitutional change and structural reform, we believe this ancient sovereignty can shine through as a fuller expression of Australia’s nationhood.

Proportionally, we are the most incarcerated people on the planet.

We are not innately criminal people.

Our children are alienated from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future.

These dimensions of our crisis tell plainly the structural nature of our problem. This is the torment of our powerlessness.

We seek constitutional reforms to empower our people and take a rightful place in our own country.

When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.

We call for the establishment of a First Nations Voice enshrined in the constitution.

Makarrata is the culmination of our agenda: the coming together after a struggle. It captures our aspirations for a fair and truthful relationship with the people of Australia and a better future for our children based on justice and self-determination.

We seek a Makarrata Commission to supervise a process of agreementmaking between governments and First Nations and truth-telling about our history.

In 1967 we were counted, in 2017 we seek to be heard. We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future.

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14 Aboriginal Way | A publication by South Australian Native Title Services

Let Our Songs Speak for Us

Celebrating 50 years of the Centre for Aboriginal Studies in Music.

Let Our Songs Speak for Us is a free exhibition celebrating 50 years of the Centre for Aboriginal Studies in Music (CASM), the only dedicated university centre for studies in Australian Indigenous music. It is one of the country’s longest-lasting Indigenous performing arts organisations teaching music with a history of uplifting community and impacting society for over half a century.

Based in the Elder Conservatorium of Music, CASM’s Foundation Year program is a dedicated entryway program for Aboriginal and Torres Strait Islander Australians on their path to study at university.

The exhibition features 68 pieces of original artwork and historical artifacts including a six-metre stage backdrop, which was painted at the Port Lincoln Come Out Festival in 1979 and used for numerous CASM band performances. The backdrop features the original CASM logo, designed by Lardil artist Dick Roughsey. Also on display is a Fender precision bass guitar from 1980, used during the period when CASM developed iconic bands such as Us Mob, No Fixed Address, Kuckles and Coloured Stone and the only known remaining instrument from the early years of CASM, and CASM Showcase posters created by students in collaboration with staff members to advertise their performances from 1997 to 2015.

The Centre was founded on equality and respect for cultural difference through a partnership between ethnomusicologist Catherine Ellis, and acclaimed Ngarrindjeri poet Leila Rankine.

“Through music, let us raise our voices to tell the world of our constant struggle for survival in our own land. Black musicians and songwriters are important to the Aboriginal cause. Music opens avenues for communication. Let our songs speak for us,” said Auntie Leila Rankine in 1979.

CASM’s initial role recognised music’s vital purpose in traditional Aboriginal societies and helped connect Aboriginal people living in cities with traditional culture through music. Their early programs built on deep exchanges with the Anangu community at Iwantja (formerly Indulkana).

Teaching methods focused on Indigenous ways of learning, with the expertise of Elders formally recognised through academic appointments.

The exhibition was created from a partnership between CASM – the Centre for Aboriginal Studies in Music at the University of Adelaide and the Barr Smith Library where it is being held, supported by the City of Adelaide Council.

Issue 90 | Autumn 2023

Funding for cultural heritage sites in SA The federal government has committed $720,000 to help restore and preserve some of Australia’s oldest cultural heritage sites in South Australia, including Koonalda Cave, which was vandalised by trespassers last December.

Located within the Nullarbor Wilderness Protection Area, Koonalda Cave is home to ancient finger markings and unique archaeological deposits that provide evidence of Aboriginal culture from over 22,000 years ago.

Minister for the Environment and Water Tanya Plibersek, said part of the funding will be used to protect and conserve Koonalda Cave in partnership with the Mirning people and the South Australian government.

“It was devastating to hear about the vandalism that occurred late last year. This grant of $400,000 will assist in protecting the caves by installing enhanced barriers and a state-of-the-art security system,” Ms Plibersek said.

“We’re working with Traditional Owners, conservation groups, volunteers and the state government to ensure this precious site can still be visited by future generations.”

South Australian Minister for Aboriginal Affairs Kyam Maher, said the funding will be used to install a stateof-the-art security system that will protect the site into the future.

Exhibition running until 2 June 2023 Location: Ira Raymond Exhibition Room, Barr Smith Library, University of Adelaide, Kaurna Yerta Opening hours: Monday to Friday, 10:00 am–4:00 pm FREE admission

“We are constantly surrounded by evidence and reminders of the oldest living culture on the planet.

South Australia is home to many places of rich cultural heritage sites of particular importance to Aboriginal communities.

“It is crucial that these important places are protected and the project at Koonalda Cave funded by the Australian Heritage Grants program will provide meaningful action.”

The federal government’s Australian Heritage Grants program will also fund two additional South Australian projects. These grants will protect places that offer a rare glimpse into our geological and historic heritage at the Ediacara Fossil Site at Nilpena and the Australian Cornish Mining site at Burra.

The projects are: $180,000 for Paxton Square Cottages – external wall remediation and renewal delivered by Regional Council of Goyder at Burra Australian Cornish Mining site.

Opposite page: Grayson Rotumah (left), Director CASM and Jardine Kiwat (right), Alumni and former lecturer at CASM at the opening of Let Our Songs Speak for Us. This page, from top: CASM Showcase posters (1997–2015): To advertise their performances, CASM students created these posters in collaboration with staff; Stage Backdrop (1979): with logo designed

by Lardil artist, Dick Roughsey, this six-metre backdrop was painted at Port Lincoln Come Out Festival and used for numerous CASM band performances; Fender precision bass guitar (1980): Dating from a period when CASM developed iconic bands such as Us Mob, No Fixed Address, Kuckles and Coloured Stone, this Bass is the only known remaining instrument from the early years of CASM.

$150,000 for Nilpena Ediacara National Park Oral History Project and First Nations Stories delivered by the South Australian government at Ediacara Fossil Site – Nilpena.

This funding is part of the $5.57 million Round 5 of the Australian Heritage Grants program to protect, restore and manage Australia’s unique National Heritage listed places.

Further information about the Australian Heritage Grants program can be found here: www.dcceew.gov.au/parks-heritage/heritage/ grants-and-funding/australian-heritage-grants

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16 Aboriginal Way | A publication by South Australian Native Title Services

Discover what’s available at your local library N ii n a n i Mar The perfect place to relax With comfortable seating areas, free WiFi, and a welcoming atmosphere, our libraries are a great spot to relax and spend some time.

Programs and events From story times for kids to book clubs and author talks for adults, there’s always something happening at the library.

These events are a great way to learn, have fun and connect with your community.

e m o c l e W

...to KAURNA country

For more information check out your local library

libraries.sa.gov.au

Image courtesy of City of Port Adelaide Enfield

Endless entertainment All our libraries have a fantastic selection of books, movies, music and more.

And you can borrow these for free with your library card!

Issue 90 | Autumn 2023

Borrow and return from anywhere in the State With your library card you can borrow and return from any library in the State. While you are there you can access WiFi and public access computers.

For all who seek entertainment for the kids The library has loads of activities for your little ones to enjoy – dive into a world of fun for the school holidays, join a story time or craft session and come along and meet other parents in your community.

Scan the QR code to become a digital member online You can join online become a digital member and have immediate access to e-books, audio books and e-resources.

Visit your local library for more information.

For all who seek

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18 Aboriginal Way | A publication by South Australian Native Title Services

Letter from the Editor: History-making State Voice to Parliament and native title concerns Article continued from page 4

With respect to the State First Nations Voice, it too suffers from the same concerns as the Local Voices, but further, it is an attempt to represent the views of a diverse number of First Nations groups without being imbued with the cultural authority. It is not established by reference to traditional laws and customs – it is established by the laws of the Crown, the entity asserting sovereignty over each First Nation, and is a reflection of the preferences of the Crown about how it engages with and hears from each First Nation of SA. There are concerns that the election process could alienate many South Australian Aboriginal people with connections to Country who can only vote in the Local Voice election based on place of residence; who may reside interstate but are members of their First Nations registered native title PBC, or are represented by it as a common law holder; or Aboriginal people who were removed from their Country through government legislation and now these same people and their families will be subject to a new wave of separation from their First Nations group by ignoring their plight with the draft bill ensuring they have no say or involvement with the SA Voice.

The definition of Aboriginal also appears to be inconsistent with Commonwealth wording and could lead to ambiguity, something others such as Liberal Senator Kerrynne Liddle, an Arrente woman herself, have also raised as a concern.

Under SA’s First Nations Voice Bill, a person is considered Indigenous if they are of Aboriginal or Torres Strait Islander descent; regard themselves as Aboriginal or Torres Strait Islander (as the case requires); and is accepted as an Aboriginal or Torres Strait Islander person by the relevant Aboriginal or Torres Strait Islander community.

The Commonwealth, however, adopted a threepart definition in 1978, where an Indigenous person is someone of “Aboriginal or Torres Strait Islander descent who identifies as an Aboriginal or Torres Strait Islander and is accepted as such by the community in which he or she lives”.

Senator Liddle said the “enormity” of the state government’s “distortion” of the three-part test with the different wording used was particularly important, given the state model is being reviewed at as a template for the national model.

This page, from top: The wet weather did not keep people away; The SA Voice to Parliament Bill passes parliament, March 26, 2023; Cheryl Axelby reads the Uluru Statement from the Heart to the gathered crowds; Attorney-General and Aboriginal Affairs Minister Kyam Maher receives a standing ovation when he comes to the stand.

Issue 90 | Autumn 2023

such concerns in the parliamentary debate, saying that there had been a “thorough” consultation process and that “some of the concerns” raised by native title holders and others had been considered and provisions introduced to the bill so it would not impede on native title agreements or other First Nations organisations.

“At a time when questions of identity are being asked at the federal level in relation to who can vote and who can nominate as a candidate that have not yet been answered, the definition in this legislation should not be supported if it is not entirely consistent with current definitions,” Senator Liddle said.

The outcomes from determinations of native title have the potential to greatly assist with addressing some of these issues. It generally takes many years, at times even decades of hard work from teams of lawyers, researchers, anthropologists, and administrators for members of groups to be formally identified as Traditional Owners, have their connection to Country recognised and appropriate representative governance structures established.

But the state government does not appear to wish to rely on all that work.

The SA Commissioner for First Nations Voice, Dale Agius, released an ‘Engagement Note’ in February, which followed on from his first Engagement Report and summarised community feedback received on the draft First Nations Voice Bill. It made the following recommendations to the Attorney-General: • Consider including a specific mechanism in the draft Bill to provide for the representation of the diversity of community interests in the State First Nations Voice, that is inclusive of native title, Stolen Generation survivors, Elders, young people and LGBTIQA+ people.

Response from state government While there has not been a formal response to native title concerns from the SA Government, AttorneyGeneral and Aboriginal Affairs Minister Kyam Maher responded to questions from the opposition about

• Consider amending the draft Bill to make clear the Voice is not intended to impede on rights and responsibilities under native title legislation.

The National Native Title Council is the non-profit, peak body for the native title sector. Our members are made up of the Traditional Owners of Australia's lands, waters and resources, and their representative bodies.

We work together with the native title sector, governments, and industry to strengthen and support the rights of First Nations selfdetermination to have greater decisionmaking powers over their lands and waters.

We do this through the following projects: Ÿ Ÿ Ÿ Ÿ Ÿ Ÿ

But we wonder why the state government would not spend the time to ensure we get it right as a state now, from the beginning, as changing it down the track would prove difficult. Sometimes it can be too little, too late. Once something’s in place and started, it’s very hard to make changes.

The key difference between the state and federal models is that the SA Voice to Parliament will not be enshrined in our state’s constitution like the National Voice will be. This means that South Australians will not be called upon to vote on whether the body should exist or not, and future state governments will have the ability to amend or even abolish it.

Information Sheet

Through native title and other land-related laws & policies, we advocate for the rights & interests of all First Nations people.

SANTS has not seen any further evidence of how such provisions will be made to ensure the bill does not impede on native title agreements or other First Nations organisations. In response to the concerns, SA Premier Peter Malinauskas has also noted publicly that the state government has included a review process, so legislation can be assessed and updated in three to five years if it’s not working effectively.

Differences between National and State Voice to Parliament and who’s backing it

National Native Title Council (NNTC) Join Us!

What we do

The historic signing of the Bill.

National Native Title Compensation Strategy National Cultural Heritage Reform PBC Policy Reform and Nation Rebuilding Regional PBC Forums Native Title Training for PBCs Forums and events

Become a member

Stay informed

Create a better system

Did you know that membership to the NNTC is free for PBCs? We provide a strong national platform for our members to have a voice.

We regularly meet, update and engage our members into the work we are doing.

Working together we have the power to create change in the native title system.

We provide members with workshops, training and tailored information.

For information about NNTC membership contact us via email at E: info@nntc.com.au

National Native Title Council

The SA Liberal Party opposed the bill on the grounds that it has been rushed and is “impractical”, after only six months of consultation. They did not have enough numbers to block the legislation however, and the SA Greens chose to back it.

State Voice will inform Federal Voice Supporters say SA’s Voice to Parliament will become an example for the proposed Federal Voice, ahead of the national referendum slated for later this year.

Mr Maher and SA’s Commissioner for Voice Dale Agius addressed the referendum working and engagement groups in March on Kaurna land, where they held their final discussions before sharing the advice they have accumulated with the Albanese government. Federal Indigenous Australians Minister Linda Burney said at the time that Mr Maher and Mr Agius provided some very useful lessons, and the committees would keep the SA model in their considerations.

“The minister and the commissioner presented to the working group and the engagement group the processes, the model and the lessons, and it has been very instructive and useful and I’m very grateful for it,” said Ms Burney.

“Lessons around making sure that the grounds of consultations and representations were done thoroughly, issues around how it sits with other legislation, issues around how it might interface with the parliament.

I’m not saying we’re going to mirror everything, but it has been really helpful to listen to what the South Australian model is, and most importantly, that it’s actually about to happen and it’s there to complement and support the work that we’re doing federally.”

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20 Aboriginal Way | A publication by South Australian Native Title Services

SA Nunga Court now protected by law Laws for South Australia’s Nunga Court have come into effect, with legislation now protecting the unique system that allows Aboriginal communities to participate in the sentencing process.

The first court defined as “culturally appropriate” for Aboriginal defendants in the country, Adelaide’s Nunga Court is currently operating out of the Magistrates Courts in Port Adelaide, Murray Bridge and Maitland, where it is instead known as the Narungga Court.

The Nunga Court allows Court Elders or other Respected Persons to sit alongside the magistrate on matters that can be finalised in the Magistrates Court, and where an Aboriginal or Torres Strait Islander person has pleaded guilty.

The magistrate can then be advised on and consider relevant cultural or community matters which may assist with sentencing, the aim of which is to contribute to the increased confidence of Aboriginal people in the criminal justice system.

South Australian Attorney-General and Aboriginal Affairs Minister Kyam Maher said the Nunga Court ensures

important cultural matters are able to be appropriately considered in the sentencing process.

“The Nunga Court has been an important part of the Magistrates Court process for more than two decades now, and is utilised in relevant matters heard at the Port Adelaide, Murray Bridge and Maitland Magistrates Court,” Mr Maher said.

“It’s been an important initiative that has helped ensure there is a culturally sensitive process in place when sentencing Aboriginal and Torres Strait Islander defendants.”

“The laws that are now in effect will ensure this vital function will continue in our criminal justice system.”

The state government moved to enshrine the Nunga Court in law last year to fulfill an election commitment, with legislation passing state parliament towards the end of 2022.

History made with first Aboriginal magistrates appointed in SA The South Australian government has, for the first time, sworn in two First Nations people to our state’s judiciary. Both are highly qualified, professional female lawyers.

Lana Chester is a senior youth court lawyer with more than 25 years of experience in criminal law in the Legal Services Commission (LSC), and Natalie Brown has nearly 20 years experience in both private practice and within the LSC. South Australian Attorney-General and Minister for Aboriginal Affairs Kyam Maher said he hoped the two former Aboriginal Cadets would inspire more Aboriginal people to follow in their footsteps.

“For the decades and centuries that we’ve had the state of South Australia and the colony that preceded it, we haven’t had Aboriginal people as part of our judiciary at any level of our courts,” he said.

“I look forward to seeing these women serve in the judiciary with distinction and hope they inspire other Aboriginal people either working in or considering a career in the law, to follow in their footsteps. It means also that young Aboriginal people who are considering their options and considering future careers will look to people who have these sorts of roles and say, I can do that as well.”

Kaurna Elder and Nunga Court founding member Yvonne Agius also sees this step as progress.

“I wish there were many more taking over, because it’s about time,” she said.

“I’m 80 years of age, and this is the first time I’ve seen this, and so I’ll be looking forward to more joining up in the system.”

Government’s new cultural policy ‘puts First Nations first’ The federal government’s new cultural policy, Revive, is a five-year, $286 million plan to renew and Australia’s arts, entertainment, and cultural sector.

A new body, Creative Australia will be formed, which will include four smaller bodies, including a new First Nations-led body that will give First Nations people control of their decisions and investments.

Professor Hearn also welcomed the

The Revive policy is based on five pillars: 1. First Nations First; 2. A Place for Every Story; 3. Centrality of the Artist; 4. Strong Cultural Infrastructure; 5. Engaging the Audience.

alongside AIATSIS, is at the forefront

The government’s cultural policy in relations to First Nations communities also includes:

on audio and video cassettes, for

• Introducing legislation to protect First Nations knowledge and cultural expressions, including the harm caused by fake art • Developing a First Nations creative workforce strategy • Funding the establishment of a National Aboriginal Art Gallery in Alice Springs and an Aboriginal Cultural Centre in Perth • Providing $11 million to establish a First Nations Languages Policy Partnership between First Nations representatives and Australian governments.

First Nations Media Australia CEO Professor Shane Hearn has welcomed the range of measures to strengthen and protect Aboriginal and Torres Strait Islander culture and languages, particularly through the use of First Nations media.

“First Nations media, starting with printed newsletters in the early 70s right through to the many media organisations we have today, has shared the stories of our culture, artists and achievements and I welcome the federal government’s acknowledgement of this with the latest cultural policy,” Professor Hearn says.

Federal government ’s promise of “$3.8 million to digitise at-risk First Nations cultural material”.

“First Nations Media Australia, working of digitising and archiving.

“This will protect, preserve and enhance our stories, songs, sport, recorded over the last few decades future generations to enjoy. This protects our ongoing history”.

First Nations Media Australia also welcomes the cultural policy outlining several measures to preserve and strengthen First Nations languages.

They include: • Provide $11.0 million to establish a First Nations Languages Policy Partnership between First Nations representatives and Australian governments to improve outcomes for First Nations people • Develop a National Action Plan that identifies priority areas that will preserve and safeguard First Nations languages, as part of the UNESCO International Decade of Indigenous Languages 2022–2032 • Continue support for First Nations people to express, preserve and maintain their culture through languages and the arts, under the Indigenous Languages and Arts program.

First Nations Creative Workforce Development Strategy

“Our Aboriginal and Torres Strait Islander media organisations and story tellers must be supported as we are best placed to tell our stories.

First Nations Media Australia

“The acknowledgement that our media organisations also played a significant role delivering messages vital to communities about the recent natural disasters and COVID-19 pandemic is also welcome.

Development Strategy.

welcomes the federal government’s recognition of the need for a First Nations Creative Workforce

You can view the federal government’s cultural policy, Revive here: https://www.arts.gov.au/what-wedo/national-cultural-policy

Reconciliation SA

Issue 90 | Autumn 2023

Welcome to the Reconciliation SA column

Welcome to the fourth Reconciliation SA column.

What a year it’s been already, so much has happened.

We announced Jeremy Johncock as our new co-chair. Jeremy is a proud Wirangu and Mirning man from the Far West Coast of South Australia, who has lived on Kaurna Country for over 20 years.

He works at the Adelaide Football Club as the Aboriginal Program Manager and considers himself very fortunate to be able to combine his passions, sport and community.

“I am really excited to be joining the Reconciliation SA board and team, to continue the work of those that came before me,” Jeremy says of his appointment and extended his thanks to his predecessor, Professor Peter Buckskin.

The official launch of the First Nations Voice ‘Yes’ Campaign took place in Adelaide at Tandanya. Reconciliation SA was able to attend and show our support.

We’ve also seen the South Australian Voice to Parliament legislated, and while the South Australian Premier said he doesn’t expect it to make immediate improvement surrounding First Nations issues, he hoped that “over the years and decades to come, there is some positive change”.

Reconciliation SA also attended Sonder’s ‘Closing the Gap Day’ at Wayville showgrounds. The day was a great success, with many schools and organisations taking part. It included speakers such as Uncle Moogy Sumner, the Honourable Kyam Maher MLC and featured performances from dance groups.

Finally, we launched our commemoration to the Stolen Generations Documentary on Apology Day, which received some great feedback. A commemorative video has officially replaced the breakfast that is normally held that day, as Reconciliation SA looks to widen its reach within the state.

The idea behind the documentary is to document Stolen Generations stories from each nation. Reconciliation SA hopes this will lead to a deeper understanding of the effect of the Stolen Generations, not just on a First Nations level, but on an individual level.

This year’s focus was the Ngarrindjeri nation, and the film featured the personal stories of survivor Aunty Mandy Brown, descendant Josh Trevorrow, and Ngarrindjeri Elder, Uncle Mark Koolmatrie.

To watch the documentary, visit the Reconciliation SA YouTube page at: www.youtube.com/ @reconciliationsouthaustral1365 or email Travis@reconciliationsa.org.au for a direct link.

This page, from top: Reconciliation SA’s new cochair Jeremy Johncock; Uncle Moogy performing a smoking ceremony at the National ‘Yes’ Campaign Launch at Tandanya; Reconciliation SA’s Stolen Generations Documentary for National Apology Day 2023; Part of the Reconciliation SA team at Sonder’s Closing the Gap Day at Wayville Showgrounds.

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22 Aboriginal Way | A publication by South Australian Native Title Services

Six Mount Gambier landmarks adopt dual Bunganditj names Six local sites of cultural significance in the Mount Gambier region will officially have their name featured in the language of the local Boandik people alongside their European names.

The City of Mount Gambier Council is implementing the Dual Naming Policy as a key part of their ‘Yerkalalpata’ Reconciliation Action Plan (RAP), which was adopted in early 2020.

The policy was developed with members of the council’s Yerkalalpata RAP Community Reference Group including Boandik Elders, local First Nations community leaders, and senior representatives of Aboriginal controlled community organisations.

City of Mount Gambier Mayor Lynette Martin said that they all share a relationship with the land and the names they give to places conveys their significance, sense of history and identity.

“Dual naming is recognised as an important step towards reconciliation and the truth-telling process for our Boandik people,” she said.

“The dual naming process will incorporate both the known European place name and the place name in Bunganditj – the reclaimed language of the Boandik people.

“When referencing the areas both names will be used and displayed on signage throughout the city, for example: Blue Lake/Warwar.”

Boandik Elder Aunty Michelle Jacquelin-Furr says the dual naming of places acknowledges Boandik people as the Traditional Owners of the land and highlights the important relationship between people, Country and language.

“In the spirit of reconciliation, the dual naming of significant sites around Berrin (Mount Gambier) is very important to the Boandik people, it’s a sign of respect, it’s a sign that we are being recognised and it’s a sign that we are important to the people of this town,” she said.

Place name

Bunganditj name

Pronunciation

Bunganditj meaning

Umpherston Sinkhole

Balumbul

Bah-loombool

Buttercup flower

Cave Garden

Thugi

Th-oo-gi

Bullfrogs

Leg of Mutton Lake

Yatton Loo

Yah-ton-loo

No reference

Blue Lake

Warwar

Waa-wore

Crow country

Brownes Lake

Kroweratwari

Kroh-wehrat-wah-ri

Emus, their tracks

Valley Lake

Ketla Malpi

Ket-lah mah-l-pi Sacred talking tree

“This gives back that compassion, that sense of Country, knowing and belonging – we need that as it was taken from us.

By reviving the language, revitalising it, it makes everyone whole again and it’s the start of the healing process.

“When you travel throughout Australia you see language written for the local people, you see it on signs, you see it on shop windows,

you see it around the town, and it gives you a real strong feeling of connection and pride.

“I would love to see that happen here in Berrin (Mount Gambier), and it is happening.”

The council will add the new names gradually throughout the region as digital and printed signage is updated.

Kaurna Warra finds online home It’s been roughly 150 years since Kaurna Warra, the original language of the Adelaide Plains, was last spoken day to day in early colonial South Australia in the mid-1800s, but recent revivals have seen the language come alive again and be taught and used at many places on Kaurna Yerta.

Resources for both learning and teaching the Kaurna language have now found a home on the internet to help with this at KaurnaWarra.org.au, which stems from years of research and volunteer work around the language.

Established by a team led by Associate Professor Rob Amery, Head of Linguistics at the University of Adelaide, the new website features educational videos, favourite games such as Wordle and Solitaire in the Kaurna language, and a wide selection of relevant books and merchandise available for purchase from an online store.

The website is also the new online home for the Kaurna language body Kaurna Warra Pintyanthi (KWP) and Aboriginal corporation Kaurna Warra Karrpanthi (KWK), which handles requests for Kaurna names and translations.

Professor Amery has 33 years of experience in the maintenance and revival of the Kaurna language, including a PhD in the late 1990s,

and the recently published Kaurna Warrapiipa, Kaurna Dictionary, the first-ever English to Kaurna dictionary, which he co-authored alongside Susie Greenwood and Jasmine Morley.

“The Kaurna Warra website is making Kaurna language resources more accessible to all, including the Kaurna community,” said Professor Amery.

“The website will facilitate a more streamlined approach to dealing with requests for Kaurna names and Kaurna translations. The KWK Members-Only area will provide easier access to KWK documents and expedite the affairs of KWK. We hope that the Kaurna Warra website will become the first port of call and a one-stop shop for all matters in relation to Kaurna language.”

In Review

Issue 90 | Autumn 2023

Welcome, child!

by Sally Morgan

“A board book which celebrates the inclusion of a new child in the family, set amongst charming illustrations that will be hard to resist by reader or listener.”

ReadPlus

Published March 2021

Shortlisted for 2021 Speech Pathology Australia Book of the Year Awards, birth to three years.

Welcome, child! is Palyku author and artist Sally Morgan’s beautiful and heartfelt celebration of the love felt for a newborn child. Simple and sweet, this board book is a great story to share as a family and is a practical way to welcome a little one to the world. Sally’s colourful depictions of birds, dancing stars and shining hearts fuse with the gentle lilt of her text, echoing the deep joy a new life brings.

About the author Sally Morgan is one of Australia’s bestknown artists and writers, who belongs to the Palyku people from the eastern Pilbara region of Western Australia. Her widely-acclaimed first book, My Place, has sold over half a million copies and is one of the country’s most celebrated works.

She has published several books including biographies and children’s stories.

“Welcome, child! is charming as a first book for a baby... robust, colourful and full of love.”

GLAM Adelaide “Welcome, child! is a beautiful celebration of the love any family feels for a new child.”

The West Australian

SANTS for your organisation

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We are responsive to the needs and priorities of Aboriginal Corporations and can bring a unique understanding of and respect for culture and communities in our provision of services.

We offer services in: • Corporate Governance • Corporate Administration • Community Development • Native Title Legal Services • Financial Management • Human Resources Management SANTS offers a very competitive fee structure to Aboriginal Corporations to suit their financial circumstances.

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National Indigenous Space Academy takes off on Kaurna Yerta Aboriginal and Torres Strait Islander university students will have the opportunity to reach for the stars with a new internship program supported by the Australian Space Agency (ASA) and the National Aeronautics and Space Administration (NASA).

Launched at Lot Fourteen on Kaurna Yerta in mid-March as part of the NASA Administrator’s visit to Australia, the National Indigenous Space Academy (NISA) will see up to five students studying in STEM fields travel to NASA’s Jet Propulsion Laboratory (NASA JPL) in California for a 10-week, fulltime summer internship program.

“This internship program offers First Nations STEM students a fantastic opportunity,” said Minister for Indigenous Australians Linda Burney.

“Aboriginal and Torres Strait Islander Australians have so much to offer the world of science and technology and I hope the students who take part in this program are inspired.

I look forward to seeing the National Indigenous Space Academy help develop future space leaders.”

The selected undergraduate or postgraduate students will attend a “space bootcamp” prior to their departure which will focus on aerodynamics, robotics, astrophysics, planetary science, engineering, computer and earth sciences,

alongside part and current space exploration missions they will be exposed to at NASA JPL. Each student will be partnered with a mentor from NASA JPL’s science or engineering programs who will plan projects for the students to complete, whilst also contributing to NASA JPL missions.

“The Australian Space Agency proudly celebrates Indigenous Australians as the world’s oldest astronomers, but they are also critical to our present and future as we look to do space in a uniquely Australian way,” said Australian Space Agency head Enrico Palermo, leading the first program of its kind.

The program will create a pathway for Indigenous students to participate in NASA JPL projects like robotics, robot perception control, path planning and Artificial Intelligence.

NISA is being delivered by Monash University, but will be open to eligible Indigenous students from all Australian universities.

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