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Overarching principles | Management
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Hunting
& gathering |
Feral
animals |
Vehicles
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Living areas |
Malimup communique
Malimup Spring
- May 1998
This communique was
developed at a meeting of indigenous representatives, staff of government
land management agencies and representatives of non-government environmental
groups at Malimup Spring, Western Australia in May 1998.
The communique is concerned
with indigenous people and the management of areas reserved or zoned
as 'wilderness', primarily within national parks or other lands
reserved for conservation or recreational purposes. However, the
meeting participants believe the broad management principles developed
apply equally to all protected areas managed by government agencies.
It is proposed that land management agencies use these guidelines
with this in mind.
This document is not
intended to impinge upon common law or native title rights of indigenous
people. It recognises the special relationship between indigenous
people and country, it does not set a precedent for similar management
arrangements for other groups or individuals.
Note: the term
'rightful indigenous communities' is used throughout this communique
to mean the indigenous community or communities that land management
agencies should negotiate with to implement the communique. In
many cases this will be the traditional owners, in other cases
it may be local or other indigenous groups. The rightful indigenous
community will be decided on a case-by-case basis through discussions
with all relevant indigenous communities.
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Overarching
Principles
The following overarching
principles should guide indigenous use of areas reserved or zoned
as 'wilderness':
-
rightful indigenous
peoples have the continuing obligation, responsibility and right
to use, protect, maintain and manage country in partnership
with land management agencies;
-
indigenous people
should be supported in maintaining their cultures through ongoing
association with, and management of, their country in partnership
with land management agencies;
-
access by rightful
indigenous people to their cultural sites should be considered
a basic right. This right should be written into management
documents (such as management plans) and other management mechanisms.
Such documents or mechanisms may, by agreement with the relevant
land management agency, include the exclusion of access to certain
sites by others; and
-
indigenous use
of 'wilderness' should be undertaken in ways that ensure that
all natural and cultural values are protected in the long term.
The protection of 'wilderness' values requires that, where possible,
technology used should be low impact to minimise detrimental
effects. The effects of the use of 'wilderness' by rightful
indigenous communities should be monitored by all stakeholders.
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Management
Framework
Rightful indigenous
communities should be involved in joint management partnerships
with land management agencies and participate in the making of 'wilderness'
planning and management decisions which affect their rights and
the maintenance of their cultures. This involvement should occur
within a framework which includes:
-
the inclusion of
rightful indigenous people at all administrative levels of planning
and management, including representation on all relevant committees;
-
the involvement
of rightful indigenous communities in relevant policy formulation,
management plan preparation and day-to-day management;
-
the direct management
of areas, sites and matters of indigenous significance within
'wilderness' areas by rightful indigenous people;
-
requiring the approval,
control and participation of rightful indigenous communities
before permitting:
-
the publication
of sensitive indigenous knowledge;
-
access to indigenous
cultural sites (including fragile, sacred and culturally important
places); and
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scientific research
on indigenous sites and issues;
-
the incorporation
of indigenous resource knowledge and land use practices in 'wilderness'
management regimes;
-
the involvement/employment
of members of rightful indigenous communities in undertaking
land management practices and programs in 'wilderness' areas;
-
the promotion of
indigenous themes in 'wilderness' educational and interpretive
material (as approved by the rightful indigenous communities);
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Hunting
and Gathering (Native Species)
-
enabling sustainable
hunting and gathering by rightful indigenous people in their
ancestral lands, including the use of firearms;
-
the resolution
of nature conservation or park user conflicts associated with
indigenous hunting and gathering activities through specific
provisions in park management plans, wildlife management plans
or other agreed mechanisms;
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Feral
Animals
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Vehicular
Access
-
permitting rightful
indigenous communities to use vehicles on tracks which are closed
to the public but retained for park management purposes to gain
access to sites to fulfil cultural responsibilities;
-
determining mechanised
access restrictions/conditions between park managers and rightful
indigenous communities;
-
on an opportunistic
basis, providing no-cost opportunities for rightful indigenous
communities to gain access to remote sites to fulfil cultural
responsibilities as part of general park management operations;
and
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Living
Areas
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An acceptance that
where rightful indigenous people wish to live on their ancestral
lands in order to maintain their culture, accommodation may
be required. Any such accommodation should be low impact, sited
to minimise environmental disturbance and jointly agreed with
the relevant land management agency.
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