Indigenous Rights Policy

The Wilderness Society (TWS) recognises;

* that indigenous peoples are the traditional custodians who have managed the environments of Australia since time immemorial,

* that Indigenous Australians did not voluntarily relinquish their sovereignty over Australia,

* the continued existence of native title land and sea rights,

* that gazettal of new National Parks, and other protected areas, should not occur without consultation with rightful indigenous communities.

TWS commits to;

* proper and detailed consultation with affected indigenous people before and during campaigns to protect wilderness and biological diversity,

* support the implementation of the principles of the Malimup Communique.

TWS reserves;

* the right to continue to campaign for the protection of wilderness, protected areas and biodiversity even if, after detailed consultation and discussion, Indigenous peoples do not support the protection of wilderness, protected areas and biodiversity.

This communique was developed at a meeting of indigenous representatives, staff of government land management agencies and representatives of non-government environmental groups at Malimup Spring, Western Australia in May 1998.

The communique is concerned with indigenous people and the management of areas reserved or zoned as 'wilderness', primarily within national parks or other lands reserved for conservation or recreational purposes. However, the meeting participants believe the broad management principles developed apply equally to all protected areas managed by government agencies. It is proposed that land management agencies use these guidelines with this in mind.

This document is not intended to impinge upon common law or native title rights of indigenous people. It recognises the special relationship between indigenous people and country, it does not set a precedent for similar management arrangements for other groups or individuals.

Note: the term 'rightful indigenous communities' is used throughout this communique to mean the indigenous community or communities that land management agencies should negotiate with to implement the communique. In many cases this will be the traditional owners, in other cases it may be local or other indigenous groups. The rightful indigenous community will be decided on a case-by-case basis through discussions with all relevant indigenous communities.

The following overarching principles should guide indigenous use of areas reserved or zoned as 'wilderness':

 

• rightful indigenous peoples have the continuing obligation, responsibility and right to use, protect, maintain and manage country in partnership with land management agencies;

   

   

• indigenous people should be supported in maintaining their cultures through ongoing association with, and management of, their country in partnership with land management agencies;

   

   

• access by rightful indigenous people to their cultural sites should be considered a basic right. This right should be written into management documents (such as management plans) and other management mechanisms. Such documents or mechanisms may, by agreement with the relevant land management agency, include the exclusion of access to certain sites by others; and

   

   

• indigenous use of 'wilderness' should be undertaken in ways that ensure that all natural and cultural values are protected in the long term. The protection of 'wilderness' values requires that, where possible, technology used should be low impact to minimise detrimental effects. The effects of the use of 'wilderness' by rightful indigenous communities should be monitored by all stakeholders.

   

Rightful indigenous communities should be involved in joint management partnerships with land management agencies and participate in the making of 'wilderness' planning and management decisions which affect their rights and the maintenance of their cultures. This involvement should occur within a framework which includes:

 

• the inclusion of rightful indigenous people at all administrative levels of planning and management, including representation on all relevant committees;

   

   

• the involvement of rightful indigenous communities in relevant policy formulation, management plan preparation and day-to-day management;

   

   

• the direct management of areas, sites and matters of indigenous significance within 'wilderness' areas by rightful indigenous people;

   

   

• requiring the approval, control and participation of rightful indigenous communities before permitting:

   

   

• the publication of sensitive indigenous knowledge;

   

   

• access to indigenous cultural sites (including fragile, sacred and culturally important places); and

   

   

• scientific research on indigenous sites and issues;

   

   

• the incorporation of indigenous resource knowledge and land use practices in 'wilderness' management regimes;

   

   

• the involvement/employment of members of rightful indigenous communities in undertaking land management practices and programs in 'wilderness' areas;

   

   

• the promotion of indigenous themes in 'wilderness' educational and interpretive material (as approved by the rightful indigenous communities);

   

Hunting and Gathering (Native Species)

 

• enabling sustainable hunting and gathering by rightful indigenous people in their ancestral lands, including the use of firearms;

   

   

• the resolution of nature conservation or park user conflicts associated with indigenous hunting and gathering activities through specific provisions in park management plans, wildlife management plans or other agreed mechanisms;

   

Feral Animals

 

• where appropriate, encouraging the taking of feral animals by rightful indigenous people within feral animal control plans or programs;

   

Vehicular Access

 

• permitting rightful indigenous communities to use vehicles on tracks which are closed to the public but retained for park management purposes to gain access to sites to fulfil cultural responsibilities;

   

   

• determining mechanised access restrictions/conditions between park managers and rightful indigenous communities;

   

   

• on an opportunistic basis, providing no-cost opportunities for rightful indigenous communities to gain access to remote sites to fulfil cultural responsibilities as part of general park management operations; and

   

Living Areas

 

• An acceptance that where rightful indigenous people wish to live on their ancestral lands in order to maintain their culture, accommodation may be required. Any such accommodation should be low impact, sited to minimise environmental disturbance and jointly agreed with the relevant land management agency.