At the mouth of a river, which is the life blood of a vast continent is an
island, Kumarangk (called Hindmarsh Island). Before the European invasion
a hundred and fifty years ago, it was a place of abundant life. Whales
entered the calm inlets to recouperate from stormy seas. Migrating birds
found a haven to rest and feed. The surrounding waters gleamed with
myriad patterns of swimming fish. For tens of thousands of years the
island supported the densest indigenous population of Australia. The
Ngarrindjeri knew and cared for this landscape as a living body. Deeply
valued stories were closely valued by the custodians. Not everyone was
given to know the stories.
When the British carved up that body, the Ngarrindjeri expected the land
to be cared for. Unwelcome in their own country, the loss of livelihood,
fracture of families and dispersal of communities made the Ngarrindjeri
virtual exiles, struggling to survive. Now a century or so later,
developers have proposed a bridge to the island. The Ngarrindjeri
requested it not be built in respect for their ancient spiritual beliefs
regarding the sacred nature of this island and its role in the whole body
of Australia and the earth. The Federal Labour Government held an inquiry
and put in place a 25-year ban.
In May 1995 the media began reporting suggestions that the Ngarrindjeri
'women's business' which is the basis of the sacred nature of this island,
was a fabrication. A Royal Commission was called to investigate. A group
of 23 Ngarrindjeri women elders, representing traditional lore/law, issued
a statement through counsel on behalf of their nation:
"We are deeply offended that a Government in this day and age has
the audacity to order an inquiry into our secret, sacred, spiritual
beliefs...It is our responsibility as custodians of this knowledge to
protect it, not only from the men, but from those not entitled to this
knowledge...Women's business does exist, has existed since time immemorial
and will continue to exist...,
The most common thread linking all Aboriginal peoples is the way
in which we record our history. Aboriginal history is recorded orally.
It is passed on orally. Does that fact invalidate our history? Aboriginal
law is strict and uncompromising. Despite all efforts both past and
present of Government bodies and agents to cast the law aside, stamp it
out, ignore it, BUSINESS exists."
The women then withdrew because their nation did not recognize the
Commission's authority to inquire into their hidden knowledge. The Royal
Commission found that the 'women's business' was a deliberate fabrication.
A further Federal inquiry was challenged in court by developers and was
ruled invalid on a legal technicality.
[ For more information on this subject, please see the article posted to
NATIVE-L on 31 July 1995: "Aboriginal Women Questioned About Spiritual
beliefs by Developers" which can be accessed via the World Wide Web at
"http://bioc09.uthscsa.edu/natnet/archive/nl/9508/0001.html" --Gary ]
In Australia, is NOTHING SACRED? The Aboriginal Heritage Act which is
supposed to protect places of spiritual significance is inadequate and can
be over-ridden by the Minister in favour of development. A Bill of grave
consequence for all indigenous Australians, will soon clear the way under
white law for the bridge to be built.
A tripartate agreement between the Australian government, Council, and
developers was reached in order to pay for the bridge. The land on the
island would be cut up into blocks and each block sold would reap a levy.
The consequent development and influx of people will endanger the island's
fragile environment which forms the sixth largest wetland in Australia and
is part of the RAMSAR international agreement to protect the migratory
routes of birds.
It was not until the 1980s with the Federal Aboriginal and Torres Strait
Islander Heritage Protection Act 1984 and the South Australian Aboriginal
Heritage Act 1988, that Aboriginal peoples in the State of South Australia
had any comprehensive legislative means to protect their heritage.
Unfortunately, the state legislation still allows the Minister for
Aborignial Affairs to authorise the destruction of important Aboriginal
sites as he proposes in the case of Kumarangk.
The strength of white Australia's continuing colonial appropriation is
demonstrated by this effort to desecrate Kumarangk in spite of the above
legislation. On May 12, 1994 an application was lodged by a group of
Ngarrindjeri people under the Federal Aboriginal and Torres Strait
Islander Heritage Act 1984, to prevent desecration of Aboriginal heritage
sites on Hindmarsh Island. It was made in desparation after the State
Minister for Aboriginal Affairs had authorised damage to the sites so that
the bridge could go ahead.
Professor Cheryl Saunders was appointed to research and write the Report
under Section 10 of the Act relating to the significance of the area and
the impact that the development would have on Aboriginal culture and
heritage. After widespread consultation, investigation, and reading over
400 submissions, Professor Saunders recommended to the Federal Minister
for Aboriginal and Torres Strait Islander Affairs, Robert Tickner, that
there should be a ban on the bridge. Tickner accepted this recommendation
and placed a 25 year ban on the building of the bridge.
In December 1995, Tickner's decision to ban the bridge was successfully
overturned by the developers in an appeal to the Federal Court on the
basis of procedural/administrative issues, not on issues of Aboriginal
heritage. One of these was that Minister Tickner himself did not read
some of the material submitted in this first Federal Inquiry in
confidentiual envelopes containing information not to be read by men.
On June 10, 1995, based solely on the claims reported in the media that
the 'women's business' was fabricated, the Premier of South Australia Dean
Brown, announced that he would hold a Royal Commission to investigate
"whether the women's business, or any aspect of the women's business was
a fabrication." NEVER BEFORE HAD THERE BEEN A ROYAL COMMISSION
INTERROGATING A GROUP'S SPIRITUAL BELIEFS.
The Commission began on 19 July 1995. Tha Ngarrindjeri women who hold
special beliefs in relation to Kumarangk decided not to participate as
they believed that their spiritual beliefs should not be subject to
white judicial scrutiny in this manner. However, they agreed to be
involved in the further Federal Inquiry into the matter. Other community
groups also boycotted the Royal Commision in support of the Ngarrindjeri
women as well.
The Royal Commission dragged on for five months with conflicting evidence
given by lawyers, media, anthropologists. Bulk of the evidence was
presented by Phillip Clarke, curator at the South Australian Museum, who
asserted that there was no women's business at all in Ngarrindjeri society
because he hadn't discovered any in researching for his recently completed
PhD thesis.
The Report of the Hindmarsh Island Bridge Royal Commission was released to
the public on 21 December 1995. The report concluded that the whole of
'women's business' was a fabrication, concocted to prevent the
construction of the bridge. The findings are political, predictable,
one-sided, and racist. It would have not been possible to reach these
conclusions in a court of law in Australia. Royal Commisions are not
bound by 'rules of evidence' and there was no obligation on the Commission
to apply standards of proof which apply in courts of law.
On 19 December 1995, a new application was lodged by the Ngarrindjeri
people, seeking to "preserve and protect the sites (including burial and
camp sites), middens, lore, customs and associated traditions and stories"
at Hindmarsh Iwsland and the Goolwa foreshore under the Federal Act.
The Ngarrindjeri people requested that a female Minister deal with the
application which would involve information secret to women. On 22
December 1995, Senator Rosemary Crowley was designated by the Prime
Minister to act for, and on behalf of, the Minister for Aboriginal and
Torres Strait Islander Affairs Robert Tickner.
Justice Jane Mathews was nominated to prepare the report on the new
application for protection in January 1996.
The Coalition Federal Government elected in March 1996 allowed the
Mathews inquiry and reporting process to continue. However they refused
on several occasions to acede to the request that a female minister be
appointed to read the report. This action ensured that the process was
fundamentally flawed, because the Ngarrindjeri women would not reveal
'women's business' to a male person, in this case, the minister. Then
came the High Court decision on 6 September 1996 that Justice Mathews
was innapropriately appointed, which resulted in the demise of the
second Federal inquiry. Again, this was on technical, legal grounds
which had nothing to do with the veracity of the Aboriginal heritage
case at all.
The Federal Minister now intends to introduce special legislation to allow
the bridge to be built whilst avoiding the requirements of the Federal Act
to hold a third inquiry. Justice for the Ngarrindjeri Nation seems a
difficult goal. Even as you receive this note, the Ngarrindjeri women are
leading a walk, The Long Walk, from Adelaide to the Kumarangk. Their
hearts are strong and they walk to protect their ancient lands and laws.
They walk to protect this island for its sacred significance in the life
of the whole earth.
Please extend your support by writing the following people:
Senator Herron
c/o Parliament House
Canberra, ACT 2600
Australia
The Ngarrindjeri Lands Progress Association
PO Box 126
Meningie SA 5264
Australia
Please pray for the protection of the island and the support of these
beautiful women as they act to protect all life by guarding the sacred in
their Ngarrindjeri home. Thank you,
*******+*******+*******+*******+*******+*******+*******+
Just back from the Coorong,
Emily Schwalen
PO Box 72962
Davis, CA 95617