An Australian cross-parliamentary committee has recently identified a “significant risk” that local Indigenous groups were not consulted about a proposed nuclear waste facility to a standard required by international law.
The Barngarla traditional owners unanimously vetoed the proposed facility. The Joint Committee on Human Rights has concluded that the Federal Government’s decision to go ahead with a bill to construct the proposed facility was a possible breach of Barngarla tribal rights to their own culture and self-determination.
The proposed site outside Kimba on South Australia’s Eyre Peninsula would be on land that has been traditionally associated with the Barngarla people. It would store Australia’s low and medium-level radioactive waste. Most of this waste is generated by the production of radioisotopes for diagnosis and treatment of cancer and other diseases.
Two non-binding independent ballots were used to gauge community support for the project. One of the ballots was for the residents in the local government area surrounding the site. The other ballot was held among the Barngarla Determination Aboriginal Corporation members who did not qualify to participate in the first ballot. More than sixty percent of the voters in the Kimba local government voted to support the construction of the facility. One hundred percent of the Barngarla voters rejected the proposal.
The committee found that the nomination of the Kimba site seemed to “rest heavily on the local council ballot from which native title holders were excluded, which the Minister uses as evidence of local community support. Given the nature and extent of the consultation ... it appears the right of Indigenous peoples to influence the outcome of decision-making processes affecting them may not be sufficiently protected by this bill.”
Jason Bilney is a traditional Barngarla owner. He said that he felt that the resource minister at the time of the vote named Matt Cananva had betrayed him. He said, “He assured us that he would put the votes together, and he did not put the votes together.” Senator Canavan said that he had never made that promise but only said that “both ballots would be considered, which they have been”.
Kieth Pitt has replaced Senator Canavan as the Resources Minister since the vote was held. He said that the Government “wants to work with the Barngarla people at all stages of the project to protect cultural heritage and make sure traditional owners can access skills training and employment opportunities”. He also pointed out that a Barngarla native title does not currently exist at the site of the propose facility despite “potential for unregistered cultural heritage to exist in the area”.
Mr. Pitt said that the Government had not ruled out making amendments to the bill for the facility which would allow expanding the site after seeking comments from the traditional owners. Steve Geoganas is a Labor member of the committee. He said that amendments to the bill were necessary because of obligations to "consult much more broadly than mere comment prior to any government acquisition" under international human rights law.
The bill currently before the Australian parliament will probably not be voted on in the near future because of the coronavirus pandemic.