The National Native Title Council welcomes reforms in the 2021-22 Federal Budget to support Prescribed Bodies Corporate (PBCs) but holds concerns over the business-as-usual approach to project funding and the Budget’s insufficient allocations in light of how many PBCs are expected to exist in coming years. Last night, the Government announced it would be investing an additional $36.7 million in PBCs over the forward estimates to support PBCs in carrying out their statutory obligations and furthering cultural, social and economic opportunities for their communities. When First Nations people win native title, they are forced to incorporate under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (the CATSI Act) and form a PBC, however these newly formed Indigenous corporations are not resourced to carry out their most basic...

Three decades on from the Royal Commission into Aboriginal Deaths in Custody, the rate of Indigenous incarceration and deaths in custody continues to be one of our country’s greatest shames, said the National Native Title Council (NNTC). Since the 1991 Royal Commission, at least a further 474 Aboriginal and Torres Strait Islander peoples have died in police custody. Research from The Guardian has found that Indigenous peoples who died in custody were “more likely to not have been charged with any crime” and were “three times more likely to not receive all required medical care, when compared to non-Indigenous people”. The Royal Commission made 339 recommendations, of which more than one hundred have not been implemented. NNTC CEO Mr Jamie Lowe said: “At the time of the Royal...

The National Native Title Council (NNTC) has welcomed news Rio Tinto Chairman Simon Thompson and director Michael L’Estrange will exit the board by 2022. Mr Thompson has sat on the Rio Tinto board since 2014 and became Chair in 2018, presiding over the catastrophic destruction of the 46,000-year-old Juukan Gorge caves and the company leadership’s inertia in the aftermath. Despite multiple calls for an independent review, the board opted for an internal review, led by Mr L’Estrange, which was widely discredited. The NNTC wrote to Mr Thompson in September 2020 calling for largescale cultural change within the company after the board refused to dismiss key executives responsible for the cultural heritage destruction, before finally caving to pressure. NNTC CEO Jamie Lowe stated: “We are pleased to hear that...

The National Native Title Council (NNTC) has this week welcomed Mr Kado Muir as the new Chair of its board and Ms Francine McCarthy as Deputy Chairperson, while thanking Mr Kevin Smith for his leadership as former Chairperson. Mr Smith, who holds traditional connections to Ugar (Stephen Island) and Erub (Darnley Island) in the Torres Strait is the Chief Executive Officer of Queensland South Native Title Services (QSNTS) and had been Chair of the NNTC board since 2019 until his term expired earlier this week. NNTC CEO Mr Jamie Lowe remarked on Mr Smith’s leadership and his ability to provide shrewd and strategic direction during times of organisational challenges, such as COVID-19 and the Juukan Gorge catastrophe. “Kevin steered our board through the challenges of 2020 and beyond,...

Apache tribe members & supporters at a rally in 2019. Image credit: Sandra Rambler/Censored News Mining companies Rio Tinto and BHP have been accused of using the dying days of the Trump administration to push ahead with their controversial copper mine on sacred Native American land at Oak Flat in Arizona US, laying bare Rio Tinto’s broken promises to never let another Juukan Gorge type catastrophe happen again. The US Forest Service has admitted to bowing to political pressure to publish a Final Environmental Impact Statement (FEIS), which will trigger a 60-day deadline to privatise the site and turn it over to the mining companies. That publication is set to take place Friday of this week (US time), making it the first time in US history that a...

The National Native Title Council (NNTC) has welcomed the senate inquiry’s interim report into the Juukan Gorge destruction, handed down yesterday, and called for Rio Tinto to pay compensation to the PKKP people. The interim report, titled ‘Never Again’, condemns Rio Tinto, and the WA and Federal governments, whose legislative failings enabled the enormous imbalance of power between mining companies and Traditional Owners that led to the catastrophe. The report urges Rio Tinto to make a number of commitments, including reviews into all agreements with Traditional Owners, a moratorium on existing s18 approvals to destroy cultural heritage and the lifting of gag clauses. Responding to the report, NNTC CEO Jamie Lowe stated: “The NNTC welcomes this report and its recommendations, including the strength of its language and intent...

The National Native Title Council (NNTC) strongly supports the coalition of 64 global investors, together representing $14 trillion in assets, who this week wrote a letter to Australian and international mining companies seeking clarity and assurances over their standards of engagement with Indigenous communities. The letter, signed by the Church of England Pensions Board and the Australian Council of Superannuation Investors (ACSI), and accompanied by 64 global investor signatories, is seeking information from mining companies around their approaches to relationships with First Nations stakeholders; their governance frameworks; specific actions that have been taken to identify and manage risks; how they intend to disclose those actions; and company positions on any potential legislative changes to Indigenous cultural heritage laws. The letter states: “Our collective long-term investment means that we...

The National Native Title Council (NNTC) welcomes BHP’s commitment to implementing a range of improved practices but is adamant that the mining company, whose Annual General Meeting (AGM) took place yesterday, has a very long way to go in meeting best practice standards in cultural heritage protection. The NNTC, together with the First Nations Heritage Protection Alliance (FNHPA) has undertaken extensive engagement with BHP, particularly in the last several weeks following cultural heritage policy escalations catalysed by WA’s draft bill and the parliamentary inquiry into the Juukan Gorge catastrophe. This week, BHP committed to a range of improved practices including: Implementing principles to strengthen Free, Prior and Informed Consent (FPIC) in agreement-making; supporting federal and state cultural heritage legislative reform that respects FPIC in agreement-making; establishing keeping places...

The National Native Title Council (NNTC) welcomes the communique following Monday’s roundtable meeting of cultural heritage ministers, but still holds major concerns over the WA Government’s proposed new bill, which falls significantly short of the reform needed and does not require the consent of Traditional Owners for cultural heritage to be destroyed. Chaired by Minister Sussan Ley and Minister Ken Wyatt, the roundtable meeting of the Commonwealth, State and Territory ministers with responsibilities for cultural heritage were presented with two key documents: a ‘Vision/Roadmap’ and the ‘Best Practice Standards’ for cultural heritage management, developed by the Chairs of Australia’s national, state and territory Indigenous heritage bodies, with support from peak organisations, including the NNTC. Importantly, the ministerial roundtable recognised the need to partner with Indigenous peoples to modernise...

The National Native Title Council (NNTC) welcomes the dismissal of Rio Tinto’s three executives, CEO Jean-Sebastien Jacques, Iron Ore boss Chris Salisbury and corporate affairs boss Simone Niven, under whose leadership the 46,000-year-old Juukan Gorge caves were bombed in May, but warns a company staff change is only the crucial first step. The NNTC wrote a letter to Rio Tinto’s London-based Chair Simon Thompson two days ago calling for largescale cultural change within the company ahead of its board meeting yesterday. NNTC and Professor Marcia Langton met with Rio in June after the company invited them to take part in a board-led review of the catastrophe. After Rio failed to accept the group’s recommendations for a transparent review led by an independent body, the group decided to walk...

The National Native Title Council (NNTC) appeared before the Juukan Gorge Senate Inquiry on Friday, pointing out the lack of rights and resourcing for Traditional Owners (through their Prescribed Bodies Corporate or PBCs) and the legislative deficiencies that led to the destruction of the 46,000-year-old caves. Those legislative deficiencies include a lack of real protection at the federal or state level for Indigenous cultural heritage, and the fact that mining companies and PBCs make agreements under the Native Title Act (NTA) but the NTA does not have a requirement for ‘free, prior and informed consent’. Ministers during Friday’s Inquiry pointed out the “gag clauses” contained in mining agreements that prevent Traditional Owners from speaking out may also impede their rights under other Australian legislation. NNTC CEO Jamie Lowe...