Ngambri people say ACT government has not upheld recognition agreement

Paul Girrawah House (left, pictured with Dr Matilda House) took the ACT government to court in 2022 under the Human Rights Act. (Supplied: Dr Matilda House and Paul Girrawah House) Alongside potential breaches of human rights, Justice David Mossop is considering whether the ACT government has correctly adhered to the terms of settlement. The promised review of legislation and the Indigenous recognition protocol has not happened. The Ngambri case argues the review should have been completed within 12 to 18 months of the settlement. Ngambri custodian Paul Girrawah House was among those who took the government to court over its Indigenous protocol, which listed only the Ngunnawal people as traditional custodians of the land. (ABC News: Harry Frost) But the ACT government's lawyer Stephen Lloyd said this was not set out in the agreement. "The review was linked to a wider process of healing and reconciliation, not an individual desk-based study to be completed ," Mr Lloyd told the court. Following a terse exchange in court, Mr House agreed that a timeframe for the review had not been set out. Ngambri case argues for respect, inclusion A key element of the case is that the interim Indigenous protocol does not mention the Ngambri people by name. But the ACT government maintains it cannot be the body to determine the legitimacy of claim to any traditional ownership. Instead, it says this must be established by self-identification among the Aboriginal groups who make the claims, or by establishing a native title case in the federal court. Commonwealth acknowledgements a new focus A new focus of the Ngambri case is its exclusion from some acknowledgements of country. Since 2010, the standing orders for the House and the Senate in federal parliament include an acknowledgement of country on sitting days that names both Ngunnawal and Ngambri. This acknowledgement was also followed in the numerous departmental offices and national institutions in Canberra. In June 2023, then-ACT Minister for Indigenous Affairs Rachel Stephen-Smith wrote to her federal counterpart Linda Burney to explain the new settlement, how the interim protocol had been worded, and clarify its application. In July, Commonwealth departmental secretaries, Australian Public Service Commissioner and the CEO of the National Indigenous Australians Agency jointly endorsed switching to the ACT's protocol. The standing orders in Parliament are unchanged, still naming both Ngambri and Ngunnawal in acknowledgements.  No witnesses for the Commonwealth were called, meaning no evidence was heard about why the Australian Public Service Commission adopted the ACT wording.  The Australian Public Service Commission told the ABC in a statement that “the current wording is based on ACT Government advice".  "It was provided to Accountable Authorities across the APS, however they are ultimately responsible for the protocol they wish to use," they said.