The fallout from the May 2020 events at Juukan Gorge in WA's Pilbara has been significant. Increasingly, boards and shareholders are asking senior executives how they are managing risks around Indigenous heritage. This issue is now front and centre in any discussion around Environmental, Social and Governance performance.

The theme for 2021's National Reconciliation Week was a powerful and challenging one - "More than a word. Reconciliation takes action", urging companies towards braver and more impactful action, including Indigenous heritage.

There is a general understanding that Indigenous heritage values need to be embedded into operational processes to drive appropriate heritage actions and outcomes. What is less clear is how to go about it.

In our second Responsible Business webinar, Simon Scott and Richard Abraham recently caught up with three companies leading the way in this area:

Tania Kennedy, Group Manager Sustainability, Kestrel Coal; Jonathon Malone, Western Kangoulu Native Title Applicant & Heritage Coordinator; and Tim Robins, Director, Everick Heritage and Everick Foundation.

A mutual goal of shared reconciliation ambitions

Since commencing ownership of Kestrel Mine near Emerald in 2018, Kestrel Coal Resources and the Western Kangoulu have been working together with the support of Everick Heritage to action their shared reconciliation ambitions which:

• ensures that Kestrel manages heritage values across the Western Kangoulu Country on which it operates
• supports shared, respectful decision making and risk management
• is now branching into developing Indigenous opportunity in business, community and employment.

They attribute the success of how they have embedded indigenous heritage values in their systems and process to six factors.

1. Base your engagement with traditional owners on relationships, not transactions

Many Indigenous groups only hear from companies when they need an approval or consent. As a result, these engagements tend to be transactional and driven by short term goals. There are many ways to foster and build a relationship with traditional owners to move beyond a compliance mindset towards relationship-based decision making and action:

• Take the time to get to know individual traditional owners and their stories
• Ask about the Country you are working on and areas that are of particular significance
• Recognise that Indigenous culture is strongly linked to Country
• Learn about the physical heritage on your site and its significance to the traditional owners
• Take the time to know what is happening in your traditional owner communities so that agreed strategies can address what is going on.

2. Listen - then really listen

As with all relationships, listening is vital. Make space to listen to the traditional owners' position and priorities regarding cultural heritage on their Country. They are best placed to talk about this, so don't simply rely on consultants. In listening, empathy is a key ingredient. The parties may not always agree, but there is usually a way forward if there is empathy and respect for the other's position. Cultural heritage management can involve complex issues, and conflicts often arise due to competing demands and internal dynamics. Take the time to listen, develop an understanding, listen again, and then work together to agree on the next steps.

3. Embed cultural heritage values into your business processes

Embedding heritage values into business operations is central to managing heritage risk. While the approach adopted will depend on the nature, structure and existing operational processes, Kestrel Coal, Western Kangoulu and Everick Heritage shared their approach:

• Include Indigenous heritage in all risk assessments for sign off by traditional owners
• Recognise that traditional owners may want to engage their own anthropologist to be involved in any heritage assessments. This is respectful, necessary and appropriate (like both parties to a property transaction engaging a lawyer)
• Implement appropriate signage and controls so that there are unambiguous visual demarcations of any heritage sites or areas that are off-limits
• Maintain an appropriate mapping solution that enables the efficient and accurate recording of heritage sites and the creation of mapping for work orders etc.
• Implement compulsory heritage inductions provided by traditional owners
• Use signage and communications onsite to provide information about the traditional owners, examples of heritage on the site, and why it is significant
• Work with traditional owners to display artefacts salvaged from surveys and, where appropriate, provide opportunities for staff and contractors to see them, touch them and hear the stories around them
• Foster a sense of pride within the organisation in what is being done to protect the site's heritage.

4. Plan and communicate

Kestrel Coal, Western Kangoulu and Everick Heritage recommend implementing a planning process with traditional owners to schedule heritage activities annually and well in advance of required clearances. This will:

• Give traditional owners the right to have the most suitable people available to conduct surveys and that appropriate arrangements and resources are in place to salvage and record heritage items
• Support efficient and reliable planning of operations to be undertaken following heritage clearances.
• Provide space for more meaningful discussions with traditional owners regarding the heritage values of the site and problem solving
• Provide more context for heritage assessments and decisions. This is not always possible if heritage surveys are conducted over individual sites immediately prior to access being needed.

5. Appoint a senior internal heritage champion

The focus of heritage managers has traditionally been to 'keep the mob in line' and survey work on track and on budget. Shifting to a broader focus provides a considerable opportunity to de-risk heritage. The appointment of an internal heritage champion can:

• ensure executive and board focus and support for the traditional owner relationship
• drive any cultural change required within the organisation.

The heritage champion should be respected, senior, and empowered to access resources within the organisation. Traditional owners will often bring their senior leaders to meetings, those with authority to speak for Country. Show that this is recognised, respected and reciprocated and that your representatives have authority to speak for the organisation.

6. Work with traditional owners to develop a community network

While there may be Indigenous employment and contracting opportunities within your organisation, there may also be opportunities to work with traditional owners to extend these opportunities beyond your site and into your local community. In Kestrel's case, they have actively partnered with local and state government, community services organisations and other business stakeholders in Emerald to create a community network that jointly facilitates and supports Indigenous employment and training. Through this network, Kestrel and the Western Kangoulu are developing a more comprehensive range of choices for Indigenous people in terms of education and employment pathways. A truly great example of reconciliation action.

To find out more about reconciliation in action, or to discuss your particular issues and needs, please contact us.