Black Control of Black Affairs, Wirlu-murra Yindjibarndi step up to the Wajbala

By Gerry Georgatos, 30 January 2013 (This is the full version of the article published in the National Indigenous Times in shorter form, titled Wirlumurra considers ending the control of white managers, on 30 January 2013) The Wirlu-murra Yindjibarndi Aboriginal Corporation (WYMAC) is on the verge of Black control of Black affairs. Last Thursday a special Board meeting was convened to bring the senior most elder of the Wirlumurra, Board chairman, Bruce Woodley, to account for going whistle-blower through the National Indigenous Times. His staggering suite of allegations against the organisations Native Title Manager, Michael Gallagher, describing him as a puppeteer who controls everything to such an extent leaving little room for the Wirlu-murra Yindjibarndi rocked the Pilbara and brought to scrutiny a number of Native Title agencies. The Thursday meeting closed out the non-Aboriginal (Wajbala) managers and often the Board members spoke in their own language. It was expected that at last Thursdays meeting Mr Woodley would have his say and in all likelihood lose his position or be expelled from the Board for his unauthorised outspokenness however the tables were turned. It is understood that Mr Gallagher, and the Wirlu-murras Business Manager, Bruce Thomas, the two Wajbala (non-Aboriginal) officers of the organisation, were invited to closed sessions only to provide their reflections and insights and were then asked to leave. The National Indigenous Times was in Roebourne days before the Thursday meeting and met with a number of Yindjibarndi stakeholders, from both sides of the fence. I just want to see my people control our affairs, our business, our Country. We must make the decisions and we represent our people. It should not be Michael (Gallagher) or anyone else, not Fortescue, who tells our people what to do. I want to see our people at business meetings and all the information brought to our Board for our people to decide. This is how it should be, said Mr Woodley. I also want to see peace with all Yindjibarndi, all of us as one again, our hearts one. We can fix the problems if Yindjibarndi are left alone, and then we can all do our business, work together and benefit. We can negotiate with one voice and with trust in our hearts, he said. I want to speak to the Board. We respect each other - and in our language, in our ways. And they did. Mr Woodley was unrepentant about the allegations he had made in early December against Mr Gallagher and the Fortescue Metals Group. Another meeting has been organised for tomorrow for the Wirlu-murra Board to deliberate Mr Gallaghers future within the organisation. A Board member who spoke in confidence to the National Indigenous Times said, We want him to step back or to step down. We dont want to be led around like children. We are strong people and we shouldnt be treated like we dont know anything. But first we all have to agree. Fortescue CEO Nev Power said, Fortescue has no involvement in tomorrows meeting and not been provided with an agenda. Questions about the meeting should be directed to WMYAC. Wirlu-murra Board members have spoken about engaging in conciliatory steps with the YAC. When the National Indigenous Times visited the Wirlu-murra a couple of weeks ago one of them said, If we meet with the YAC it will be when our Board gives its blessing, and I believe it should be Board to Board, however without Michael Woodley. He is the only problem for many of us but we have no problem with their Board. However it seems Bruce Woodleys discussion with his Board has mellowed this stance and there now exists the opportunity for a conciliatory meeting with the YAC which includes Michael Woodley, the senior most Law Carrier of the Yindjibarndi.

Black Control of Black Affairs, Wirlu-murra Yindjibarndi step up to the Wajbala by Gerry Georgatos

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The Deputy Chair of the Fortescue Board, the legendary Herb Elliott said to The National Indigenous Times that he does hope for their conciliatory reunification for the sake of their well-being. Mr Elliott hopes that the changing landscape stimulates the Yindjibarndi to at least a conversation. As you say, both sides comprise people of wisdom and a desire for their friendships to remain intact. Reuniting both sides could possibly be the light on the hill for sustainable improvement in Indigenous wellbeing and relationships with mining companies, said Mr Elliott. In December, the National Indigenous Times had taken it upon itself to try and broker a three way conciliatory meeting with the YAC, the WYMAC and the Fortescue this is our way, through-care journalism and us putting people-focused outcomes before headlines and this opportunity is now well and truly on the table. Fortescues CEO Nev Power said he welcomed any opportunity for a conciliated outcome with Yindjibarndi. However, we note that any conciliation process would be subject to the preconditions provided to you in December 2012. On the surface, the conditions appear simple all parties cease litigation and agree to engage in moderated mediation and that the moderator is an independent person. Both boards, YAC and Wirlu-murra would have to give their blessing. YAC CEO Michael Woodley welcomed the conciliatory steps and like everyone else is waiting for the outcome from the Wirlu-murra meeting. He said that Mr Gallagher leaving would be a step in the right direction. It is in the interests of the Yindjibarndi nation to be united, and to work together through the legally constituted negotiating body, YAC, for our Native Title rights. We would like to be unified and the Wirlumurra can work through our legal structure to get the best deals for our people, said Mr Michael Woodley. The political landscape is coloured by the National Native Title Tribunal (NNTT)Inquiry this inquiry was forced on the NNTT by articles in the National Indigenous Times alleging conflicts of interests and the imputations of a culture of favour dispensation and worrisome aspersions that NNTT decisions, for instance in granting exploratory licences to mining companies on Yindjibarndi Country are tainted and may need to be reviewed. In November, the National Indigenous Times wrote, The National Native Title Tribunal may be left with no option but to launch a full inquiry into Fortescue Metals Groups relationship with the WYMAC following claims an executive of the NNTT failed to declare her association with the Wirlu-murra group at the time the Tribunal was issuing rulings relating to Fortescue and WYMACs claims against the YAC. It is very difficult for the Yindjibarndi to adequately represent themselves at the NNTT so long as they are divided. It appears that it does not even matter if the majority Native Title claimants are on the one side, as long as they are divided the NNTT is in a difficult predicament whom to back and instead the mining companies have a relative clear run. Mining companies can seek NNTT approvals with little encumbrance while Native Title claimants remain divided. It has been alleged an NNTT senior executive owned a consulting company, and her marital partner is Mr Gallagher, the Native Title Manager of the WYMAC. Both have an interest in the consulting company MGA, which owns a subsidiary company, RCD, and both these companies were engaged by WYMAC however a whistleblower within the WYMAC alleges various improprieties alongside the huge conflicts of interests in engaging these companies. The National Indigenous Times sent questions to Mr Gallagher which included whether it was legally and morally appropriate for him to have his companies engaged for their services by the WYMAC and especially in the current political climate. Mr Gallagher responded that he was unable to comment on "WYMAC Board matters."

Black Control of Black Affairs, Wirlu-murra Yindjibarndi step up to the Wajbala by Gerry Georgatos

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The NNTT launched the inquiry one month after articles in the National Indigenous Times. They engaged an external consultancy to investigate some of the issues raised apparently ex-High Court registrars. The National Indigenous Times asked the NNTT to name the external agency - they have not. They have also been asked to clarify to whom the external report will be provided to, and who indeed will make the assessments - they have not responded. They argue that it is not appropriate during the inquiry to make any comments. Aboriginal Corporation executives argue it is inappropriate for the NNTT to not clarify the process and substantiate the integrity of the inquiry. It is feared by some that the inquiry may turn into a whitewash. The NNTT stands accused of long-standing mistakes of its own making such as not managing obvious conflicts of interests and some believe that they will only hang out to dry their former State Manager. If the NNTT did in fact know about the conflicts of interests as many believe then it may bring into question some of their arbitral decisions, future acts, approval checks for exploratory licences and therefore a full-blown inquiry that is altogether out of the hands of the NNTT, even a Royal Commission, would be needed according to several executives of Aboriginal Corporations. Former WYMAC lawyer Kerry Savas shared a house with Mr Gallagher in Roebourne which Mr Savas said was rented for them by Fortescue. Mr Savas told the National Indigenous Times that the former NNTT State Manager regularly briefed her partner, Mr Gallagher about proceedings at the Tribunal that affected Fortescue. Mr Savas claimed Mr Gallagher regularly took instruction from Fortescue about Wirlu-murra activities and decisions. Fortescue vehemently denies this. Michael Gallagher was the guiding hand and will of the Wirlumurra, said Mr Savas. Mr Gallaghers wife worked for the National Native Title Tribunal from 1994 until August, 2012. Mr Gallagher worked for Fortescue from 2005 to 2010 and upon resigning took a position with the Wirlu-murra. His step-daughter is Fortescues Heritage Manager. However the NNTT has said it had no record, of their former employees employment status of her partner and her daughter. Fortescue CEO, Mr Power said that he is confident all licence and tenure applications to the NNTT are secure. Fortescue has had no involvement in the NNTT inquiry. We are unaware of its terms of reference. We are therefore unable to comment. Fortescue is confident that all of our tenure was granted through proper legal process, and we do not accept that there is any basis on which the process can be impugned. The NNTT has allegedly admitted that their senior executive failed to declare her ownership of a consulting firm that facilitated access to Aboriginal land by mining companies however it is believed she has allegedly said that indeed she did declare her interests. Many believe a Royal Commission is long overdue into Native Title altogether, not to tear down people but instead to improve Native Title and what is meant by compensation and by how it should be arrived, and in how historical and cultural sites should be best protected. The Royal Commission should also investigate the Department of Indigenous Affairs and the Aboriginal Cultural Materials Committee, all of them, in order to fix Native Title. YAC CEO Michael Woodley has long called for such a Royal Commission. How they arrive at their decisions should be inquired into, and these organisations should be working in the best interests of our peoples, they should be working fairly. The Royal Commission is long overdue.

Black Control of Black Affairs, Wirlu-murra Yindjibarndi step up to the Wajbala by Gerry Georgatos

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