by Jane HolroydThe Age - April 24, 2006
A ceremonial fire at an Aboriginal protest camp in an inner city
park could be doused next month, with the State Government
suspending all 48 of its Aboriginal heritage inspectors, stopping
them from extending an order protecting the fire.
Victoria's Aboriginal Affairs Minister, Gavin Jennings, and
Acting Premier John Thwaites announced the move as part of a State
Government bid to assume control over decisions on sites of
Aboriginal cultural significance.
Mr Jennings said the cultural value of the protesters' fire in
Melbourne's Kings Domain was questionable.
He said he had taken control of issuing declarations pending new
legislation that would see the introduction of full-time inspectors
from the public sector replace the current volunteer
inspectors.
While the current inspectors hold authority under the
Commonwealth Aboriginal Torres Strait Islander Heritage Act, the
day-to-day operation of the act in Victoria is considered a matter
for Mr Jennings and his department.
Mr Jennings now has sole power to issue emergency
declarations.
"I'm waiting for any advice that comes to me that places the
cultural heritage significance of that fire in that place," he
said.
"Up until now, I haven't seen any evidence."
Fire burns on
Aboriginal activists established the makeshift Camp Sovereignty
in Kings Domain on March 12 in protest against the Commonwealth
Games, which they dubbed the "StolenWealth Games".
The State Government and the City of Melbourne say there was an
agreement that the camp would close when the games ended on March
26, but instead the camp remained.
The council issued an order two weeks ago for the camp to be
dismantled. Organisers challenged the order, but the Supreme Court
backed the council and on the afternoon of April 13, the camp was
packed up.
Now all that remains of Camp Sovereignty is the sacred "healing"
fire, which, protected by federal heritage legislation, will burn
on until at least May 9. Protesters remain with the fire to
maintain it.
The fire is protected until May 10 by an emergency declaration
issued under the federal act by inspector Vicky
Nicholson-Brown.
The suspension of Ms Nicholson-Brown means neither she nor any
other inspector will be able to issue a further declaration. That
power remains with Mr Jennings until new inspectors are
appointed.
Laws undermined
Mr Jennings said Victorians had lost confidence in Aboriginal
cultural heritage protection laws.
"Emergency declarations that lack credibility reduce confidence
in Aboriginal cultural heritage claims," he said.
"Given the manner and circumstances in which the emergency
declaration was made on April 10, in relation to Camp Sovereignty,
the government is concerned that the community is losing faith in
the ability of inspectors to make emergency declarations consistent
with the terms and intentions of the Commonwealth Act."
Mr Thwaites said he had written to Prime Minister John Howard
asking him to amend federal legislation under which the heritage
inspectors are empowered.
"There is a widespread concern that there hasn't been adequate
control over the granting of emergency declarations, and that's why
we're taking the steps that we're taking today," Mr Thwaites
said.
"We don't want to see a situation where public confidence in our
system of protecting Aboriginal heritage is undermined.
"That's why from now on the (Aboriginal Affairs) minister (Gavin
Jennings) will be responsible, not inspectors."
The State Government will form a cultural heritage council to
advise the minister as part of its Aboriginal Heritage Bill, now
before State Parliament.
Mr Jennings said there would still be a voice for Aboriginal
people on cultural heritage matters.
- theage.com.au, with Ben Haywood and AAP
