Originally published in Koori Mail newspaper 21 July 2020

With 850 people watching via Facebook and Melbourne’s Federation Square’s own livestreaming system, the Victorian Aboriginal Heritage Trust conducted its Caring for Country and Legislative Reform panel discussion.

A precursor event to the Council’s Taking Control of Our Heritage conference planned for 24-26 November this year in Melbourne, the panel featured four heavyweights in the cultural protection space.

Dja Dja Wurrung man and VAHC Chairperson, Rodney Carter; Arrernte and Kalkadoon woman, and member of the Australian Heritage Council, Rachel Perkins; Darumbal/Turrbal man and past-President of Tarwirri (Indigenous Law Students and Lawyers Association of Victoria), Hans Bokelund; and Gunditjmara Djabwurrung man, and CEO of the National Native Title Council, Jamie Lowe.

Pulling no punches, Mr Carter reminded the audience that “…the protection of Aboriginal cultural heritage in Victoria has only been necessitated since the intrusion on our country…the invasion of our homelands.”

While panelists agreed that the Victorian Aboriginal Heritage Act 2006 afforded some of the country’s greatest protections for Traditional Owners, Mr. Carter stated there is still much to be done.

“To ensure we have the requisite regulatory support to protect the oldest living culture on Earth, the Council is now undertaking a review of the Act,” he said.

“There are key sections of the Act that require strengthening to enshrine self-determination and the United Nations Declaration of Rights of Indigenous People in Victorian Aboriginal cultural heritage legislation.”

He then quoted directly from numerous articles contained within the UN Declaration, citing: self-determination (Article 3); the practising and revitalisation of cultural traditions and customs (Article 11); spiritual and religious traditions, customs and ceremonies, and repatriation of ancestors’ remains (Article 12); designation and retention of community, place and person names (Article 13); and to participate in decision-making in matters that would affect their rights through representatives chosen by themselves.

His comments were lent support by Mr Lowe who said that even though Victoria represented the high watermark across the country with regard to cultural protection, “…it doesn’t go far enough to protect Aboriginal cultural heritage in the State.”

Mr. Lowe went on to provide an example of rock climbers in Gariwerd (the Grampians) National Park still being able to climb in areas containing rock art thousands of years old.

In a call to action, Mr Carter said: “We all have a part to play in ensuring recognition of our people’s right to self-determination, our culture and country. 

“We seek the support and contributions of everyone to work with us, ensuring that the statutory protection our peoples have for their culture is commensurate to our 40,000 years of connection to country.”

In speaking to journalist Charles Pakana after the event, Mr. Carter commented that while the Council was already in discussion with the Victorian State Government about changes to the Act, he believed it is a process that will take time.

He expressed his hope, though, that all people, regardless of ancestry, enter into “informed” collective action. 

“If people don’t have enough knowledge and understanding then ask questions,” he said. “Have conversations.”

“Ultimately, we’re all striving to protect culture and heritage.”