The Right to Enjoy Cultural Heritage and Australian Indigenous Cultural Heritage Legislation

Abstract

ABSTRACT Commencing by noting the international condemnation of the destruction of the 46,000-year-old Juukan Gorge by a mining company in Western Australia in 2020, this paper examines the extent to which current Australian Indigenous cultural heritage legislation reflects contemporary international expectations regarding Indigenous peoples’ right to enjoy cultural heritage. The examination takes place in two parts. The first examines the theoretical basis underpinning collective rights to cultural heritage in the context of Indigenous peoples’ right to enjoy it. The second examines national Indigenous cultural heritage legislation in Australia and several examples of sub-national legislation: the states of Western Australia, Victoria, and the Northern Territory. This analysis focuses on those aspects of the legislation relevant to land-based Indigenous cultural heritage and project approvals. The paper concludes by suggesting that its examination reveals an urgent need for thorough reform of Australian Indigenous Cultural Heritage legislation to align it with contemporary international expectations and the steps currently underway in Australia to achieve this goal.