A/HRC/7/10/Add.1
page 6
industrial project, and that they had consistently opposed any further destruction of the sacred
sites at the Dampier complex.
7.
On 5 February 2007, the Woodside Company started the physical construction of the plant
in site A, involving the destruction of rock art and stone arrangements, as well as the removal and
packing of petroglyph boulders. On 7 February 2007, the Ngarluma community reportedly held a
meeting with representatives of the Minister for Aboriginal Affairs in Karratha, in which they
stated their opposition to further destruction of the Dampier site. The community has reportedly
refused to accept compensation in exchange for further destruction of the sacred site. On 9 July
2007, the Environmental Protection Authority (EPA) rejected the application to build the Pluto
plant at the site B of Dampier, citing the negative impact of the planned industrial operation in
threatened and migratory species, ecological communities and marine environment. The EPA’s
decision was subsequently overruled by the State Minister of the Environment. On 4 September
2007, the Western Ngarluma (Wong-Goo-Tt-Oo) reportedly lodged an application under the
Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act before the Federal
Environment Minister in order to prevent the further destruction of rock art. On 12 October 2007,
the Federal Minister of the Environment gave its final approval to the project, thus paving the
way for the immediate commencement of construction works at site B.
8.
It was alleged that the new construction works at site B of Dampier would result in the
physical destruction or removal of an estimate of 200 art works with spiritual and religious
significance for the Ngarluma and Western Ngaluma (Wong-Goo-Tt-Oo) peoples. It was also
alleged that the operation of the new plant would contribute to the acidification of the
atmospheric environment, contributing to the rapid erosion of the remaining art.
Preliminary response from the Government dated 30 January 2008
9.
The Australian Government informed that it is finalizing its response and regrets the delay,
which is due to the time required for appropriate consultation with the State of Western Australia
and all relevant federal agencies. The Australian Government will endeavour to transmit the
response to the question as soon as possible.
Observations
10.
The Special Rapporteur is grateful for the Government’s preliminary response and looks
forward to receiving the full response. She would like to refer to her predecessor’s report after his
country visit to Australia (see E/CN.4/1998/6/Add.1, para. 77): “The land and sacred sites hold a
fundamental significance for the Aboriginals, insofar as their beliefs are identified with the land.
A basic question is therefore the recognition of an Aboriginal religion intrinsically related to the
land within the framework of an Australian society essentially based on Judeo-Christian and
western values. In the view of the Aboriginals, maintaining the integrity of the land takes on a
religious dimension, which therefore has to be preserved.”
Cambodia
Communication sent on 2 August 2007 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression and the Special
Representative of the Secretary-General on the situation of human rights defenders