Cross posted from Quadrant Online: Ayers Rock: a monolithic con job
Toby Naninga: Anywhere else is alright!
The current Board of the Uluru-Kata Tjuta National Park claim that the climb is sacred and should not be accessed by visitors but in February 1975 a Traditional Anangu Elder and senior law man, Toby Naninga, provided a different view in an interview with ABC's current affairs show This Day Tonight. It seems aside from the Men's initiation cave, Warayuki, and the Ngaltawata pole, traditional owners at the time had no objection to tourists visiting any other area of ritual significance at Uluru. This includes the Climb!
ABC have not permitted me to show the full video in public as "the traditional custodians of Uluru have advised that this footage is not suitable for posting on social media". When asked why the reply from ABC was: "There are several reasons for this recommendation – such as aerial views of Uluru and the specific sites included in the footage." (ABC email 10/8/2018)
However as this footage is highly newsworthy and provides an important insight into Anangu attitudes to tourist access around Uluru in words straight from the mouth of a respected Anangu elder, that contradict the views of the current Park Board and is hence a matter of considerable news and current affairs importance and public interest, I have provided a copy of the relevant part of the segment under Fair Dealing provisions in the copyright act. The edited segment does not include any views of Warayuki, or the Ngaltawata pole, and does not include aerial shots that feature earlier in the segment that show the northern face of Uluru. This is visible to tourists and locals and appears extensively in publicly available material online and in books. The video includes brief views of the entrance to Mutitjulu Gorge. These views are also available to the public via stories spheres sanctioned by Parks Australia. A comment of how we discovered the footage appears below.
On February 13, 1975 ABC's This Day Tonight broadcast a report by Grahame Wilson about the (minor) environmental impact of tourists at Ayers Rock and changes being proposed for accommodation by the Northern Territory Reserves Board. The daggy hotels and unslightly camp grounds would be moved outside the Park to a new resort complex to be constructed 10 miles away (now Yulara). The report also covered the construction of a new fence to guide tourists out of the men's initiation cave, Warayuki, and away from the adjacent Ngaltawata area (commonly referred to at the time as the Kangaroo Tail).
Transcript This day Tonight Ayers rock report February 13, 1975 from 4:42 - 6:30mins
As it was important that Toby be able to speak for himself we have included the video clip under Fair Dealing provisions of the copyright act so viewers can make up their own minds about what he said. The text below is a transcript from the clip.
Footage of shows men in thongs and shorts digging holes for fence posts (see picture below).
Grahame Wilson (GW): Fences are not a usual feature of a wilderness area of a National Park, but this fence is one sign of the new attitude to the real priorities around the landmark. The Yankunytjatjara people were remarkably tolerant of tourist intrusion into traditional areas. But they made one definite statement: No tourists at Warayuki the initiation cave or the sacred site Ngaltawata nearly.
Cut to Grahame and Toby Naninga standing on road next to fence, Ayers Rock in background, close up on Toby.
GW: Do you tell me what is this place here?
Toby Naninga (TN): Points to features. Ngaltawata and Warayuki, Warayuki. Put a fence, and gate up. No more tourists through Warayuki. Finish.
GW: You don't want tourists to go in there?
TN: Yeah, Yeah.
Cut back to Grahame and Toby looking at the Rock
GW: Toby Naninga is the brother of the Traditional Keeper of the Rock (Paddy Uluru). This week he and two other members of the family will join the staff of the Northern Territory Reserves Board as park rangers watching over their people's territory.Tourists will no longer visit the initiation cave still of great importance to the living Yankunytjatjara culture. But there's no objection to tourists visiting other areas of ritual significance. Perhaps because vandalism has never been a serious problem here.
Close up on Toby.
GW: This is a very important place to you?
TN: Yeah
GW: Do you mind tourists going anywhere else?
TN: Yeah anywhere, anywhere alright, you know... (points) road ... on cairn, tourist ... guide(?)... anywhere.
GW: Anywhere else is alright?
TN: Yeah
GW: But not here?
TN: No.
So the Myth that the Climb is especially sacred and forbidden to tourists is completely busted! Once again attitudes of past Elders at the rock are in stark contrast with the current Park Board. Past traditional owners had no objections to tourists climbing the Rock and visiting and viewing areas of ritual significance outside of Warayuki and Ngaltawata. We are told that Tjukurpa, the local Aboriginal religion, is unchanging. If so the current Board is effectively disrespecting the views of past Elders, including Toby, Paddy Uluru and Tiger Tjalkalyirri, who appear more in touch with the land and the "law" than the current Board. The current board has indicated that Anangu have been intimidated in the past about the climb. This is another slight on past elders for Paddy Uluru, Toby Naninga and Tiger Tjalkalyirri do not seem like men who could be intimidated on matters of cultural importance.
In regard to access to sacred sites around the Park. There is no reason public access to Warayuki and Ngaltawata, and a host of other sites, roped off to exclude actual entry, should not be possible when they are not in use for ceremonial purposes. Other religions are more than happy to permit public access to view and photograph especially sacred parts of their places of worship, closing them off when they are in ceremonial use. The Anangu Religion and its sacred stories and sites are part of humanity's collective cultural history and it is selfish to keep them from others especially when photographs and interpretation of them are easily available through public libraries and the internet. See for example Charles Mountford's Ayers Rock It's people, their beliefs, and their art.
The Board and Parks Australia need to provide an explanation of what has changed. The Australian Public and visitors from overseas deserve an explanation.
Notes on obtaining the footage.
On finding mention of the This Day Tonight item about Ayers Rock in the National Archives of Australia (it's barcode item 13238462) I was interested to see what it contained. I paid the ABC Library for a private copy of the footage for $88.00 (inc GST) negotiated down from the usual price of $165.00. After identifying the newsworthiness of the footage and its importance to the debate about the proposed ban on the Climb and general access at the Rock (it allow the public to hear from an Anangu elder who describes in his own words where tourists are permitted to go), I requested a copy to place on social media as a news item, ABC initially quoted me $500 for a one year license:
Hello Mark
If you wish to post this online to a public website or social media site we would have to check if we have world rights to this footage. Considering the subject I would think this would be unlikely. There is also a licence fee if you wish to upload it – which would be a minimum Of $500 for 1 year. I will wait to hear from you.
Regards
ABC Library Sales
This later changed was to $800.00 for a 12 month license, the sudden dramatic change in price not explained:
It is remarkable that ABC did not jump on the clip, but this fits with the common impression that ABC are generally acting in breach of their charter when it comes to reporting the news, as they favour a green-left world view over a centrist one. What other items might reside in ABC's extensive library that they are aware of but draw no attention to that might contradict official positions on other issues of public interest? It is important also to note that tax payers have already paid once for this footage and that it has already been broadcast. The public should not have to pay for it again. The ABC's extensive news archive should be made available free of charge to the general public, perhaps by transferring ownership of it to the National Library.
Toby Naninga: Anywhere else is alright!
The current Board of the Uluru-Kata Tjuta National Park claim that the climb is sacred and should not be accessed by visitors but in February 1975 a Traditional Anangu Elder and senior law man, Toby Naninga, provided a different view in an interview with ABC's current affairs show This Day Tonight. It seems aside from the Men's initiation cave, Warayuki, and the Ngaltawata pole, traditional owners at the time had no objection to tourists visiting any other area of ritual significance at Uluru. This includes the Climb!
ABC have not permitted me to show the full video in public as "the traditional custodians of Uluru have advised that this footage is not suitable for posting on social media". When asked why the reply from ABC was: "There are several reasons for this recommendation – such as aerial views of Uluru and the specific sites included in the footage." (ABC email 10/8/2018)
However as this footage is highly newsworthy and provides an important insight into Anangu attitudes to tourist access around Uluru in words straight from the mouth of a respected Anangu elder, that contradict the views of the current Park Board and is hence a matter of considerable news and current affairs importance and public interest, I have provided a copy of the relevant part of the segment under Fair Dealing provisions in the copyright act. The edited segment does not include any views of Warayuki, or the Ngaltawata pole, and does not include aerial shots that feature earlier in the segment that show the northern face of Uluru. This is visible to tourists and locals and appears extensively in publicly available material online and in books. The video includes brief views of the entrance to Mutitjulu Gorge. These views are also available to the public via stories spheres sanctioned by Parks Australia. A comment of how we discovered the footage appears below.
On February 13, 1975 ABC's This Day Tonight broadcast a report by Grahame Wilson about the (minor) environmental impact of tourists at Ayers Rock and changes being proposed for accommodation by the Northern Territory Reserves Board. The daggy hotels and unslightly camp grounds would be moved outside the Park to a new resort complex to be constructed 10 miles away (now Yulara). The report also covered the construction of a new fence to guide tourists out of the men's initiation cave, Warayuki, and away from the adjacent Ngaltawata area (commonly referred to at the time as the Kangaroo Tail).
Wilson interviewed Yankunytjatjara elder and brother of Paddy Uluru, Toby Naninga. Transcript of that explosive 1 minute 48 second section appears below and busts the myths promulgated by Parks Australia and the current UKNP Board that Traditional Owners have issues with tourists visiting areas of ritual significance. While Toby was happy to see the end of tourists wandering through Warayuki, he had no objections to tourists visiting other areas of ritual significance, the climb included!
Toby Naninga (from the video - click HERE to access the TDT clip )
No objections to tourists visiting other areas of ritual significance.
Transcript This day Tonight Ayers rock report February 13, 1975 from 4:42 - 6:30mins
As it was important that Toby be able to speak for himself we have included the video clip under Fair Dealing provisions of the copyright act so viewers can make up their own minds about what he said. The text below is a transcript from the clip.
Footage of shows men in thongs and shorts digging holes for fence posts (see picture below).
Grahame Wilson (GW): Fences are not a usual feature of a wilderness area of a National Park, but this fence is one sign of the new attitude to the real priorities around the landmark. The Yankunytjatjara people were remarkably tolerant of tourist intrusion into traditional areas. But they made one definite statement: No tourists at Warayuki the initiation cave or the sacred site Ngaltawata nearly.
Cut to Grahame and Toby Naninga standing on road next to fence, Ayers Rock in background, close up on Toby.
GW: Do you tell me what is this place here?
Toby Naninga (TN): Points to features. Ngaltawata and Warayuki, Warayuki. Put a fence, and gate up. No more tourists through Warayuki. Finish.
GW: You don't want tourists to go in there?
TN: Yeah, Yeah.
Cut back to Grahame and Toby looking at the Rock
GW: Toby Naninga is the brother of the Traditional Keeper of the Rock (Paddy Uluru). This week he and two other members of the family will join the staff of the Northern Territory Reserves Board as park rangers watching over their people's territory.Tourists will no longer visit the initiation cave still of great importance to the living Yankunytjatjara culture. But there's no objection to tourists visiting other areas of ritual significance. Perhaps because vandalism has never been a serious problem here.
Close up on Toby.
GW: This is a very important place to you?
TN: Yeah
GW: Do you mind tourists going anywhere else?
TN: Yeah anywhere, anywhere alright, you know... (points) road ... on cairn, tourist ... guide(?)... anywhere.
GW: Anywhere else is alright?
TN: Yeah
GW: But not here?
TN: No.
So the Myth that the Climb is especially sacred and forbidden to tourists is completely busted! Once again attitudes of past Elders at the rock are in stark contrast with the current Park Board. Past traditional owners had no objections to tourists climbing the Rock and visiting and viewing areas of ritual significance outside of Warayuki and Ngaltawata. We are told that Tjukurpa, the local Aboriginal religion, is unchanging. If so the current Board is effectively disrespecting the views of past Elders, including Toby, Paddy Uluru and Tiger Tjalkalyirri, who appear more in touch with the land and the "law" than the current Board. The current board has indicated that Anangu have been intimidated in the past about the climb. This is another slight on past elders for Paddy Uluru, Toby Naninga and Tiger Tjalkalyirri do not seem like men who could be intimidated on matters of cultural importance.
In regard to access to sacred sites around the Park. There is no reason public access to Warayuki and Ngaltawata, and a host of other sites, roped off to exclude actual entry, should not be possible when they are not in use for ceremonial purposes. Other religions are more than happy to permit public access to view and photograph especially sacred parts of their places of worship, closing them off when they are in ceremonial use. The Anangu Religion and its sacred stories and sites are part of humanity's collective cultural history and it is selfish to keep them from others especially when photographs and interpretation of them are easily available through public libraries and the internet. See for example Charles Mountford's Ayers Rock It's people, their beliefs, and their art.
The Board and Parks Australia need to provide an explanation of what has changed. The Australian Public and visitors from overseas deserve an explanation.
Notes on obtaining the footage.
On finding mention of the This Day Tonight item about Ayers Rock in the National Archives of Australia (it's barcode item 13238462) I was interested to see what it contained. I paid the ABC Library for a private copy of the footage for $88.00 (inc GST) negotiated down from the usual price of $165.00. After identifying the newsworthiness of the footage and its importance to the debate about the proposed ban on the Climb and general access at the Rock (it allow the public to hear from an Anangu elder who describes in his own words where tourists are permitted to go), I requested a copy to place on social media as a news item, ABC initially quoted me $500 for a one year license:
Hello Mark
If you wish to post this online to a public website or social media site we would have to check if we have world rights to this footage. Considering the subject I would think this would be unlikely. There is also a licence fee if you wish to upload it – which would be a minimum Of $500 for 1 year. I will wait to hear from you.
Regards
ABC Library Sales
This later changed was to $800.00 for a 12 month license, the sudden dramatic change in price not explained:
The baseline fee for uploading segments to public website/social media for one year is AU$800. We are a self-funded part of the ABC and This covers our internal costs of producing the segment and rights fees in distributing this online. As you are uploading to a website you are re-publishing this globally. We would Also need to seek permission from the Uluru park authority to check if the segment is appropriate for world distribution – there may well be Aspects that are culturally sensitive and may not be suitable for public viewing. The fee you have paid covers a non-theatric copy for private viewing only. (ABC 30/7/2018).
ABC had already provided a copy for private viewing for $88 (inc GST). How does the same copy suddenly cost $800, (10 x the price!) when all that "hard keyboard work" of retrieving a digital file from storage has already been done? The cost to contact the Park board? 5 minutes to write an email and the cost of shuffling some electrons between Sydney to Uluru (are our electricity costs that high?) The cost to retrieve an item already available digitally in ABC's library appears somewhat excessive to say the least.
As indicated above ABC would not provide permission to use the whole piece, but under Fair Dealing provisions of the copyright act that provide for use of material without permission to report news, and the fact that the footage does not show special sites local owners were concerned about, (there are images of the entrance to Mutitjulu gorge, but these also feature in material made public by Parks Australia and the board) we have made the relevant part of the segment available for its newsworthiness. We had informed ABC's staff member of the newsworthiness of the article and our intentions. We have been surprised ABC have not jumped at the chance for an exclusive news report.
In regard to use of material in this way the Australian copyright council advise the following:
Fair dealing for reporting news
Copyright material may be used in reporting news in a newspaper, magazine (similar periodical), in a film, or by means of a broadcast, provided the use is “fair”. The author and title of the work must be acknowledged. However, music in news reports is not covered by this provision, unless the playing of the music is part of the news being reported. The use of music and sound recordings in this context is usually covered by broadcasters’ licences from the Australasian Performing Right Association and the Phonographic Performance Company of Australia. For further information on these licences, see our information sheet Copyright Collecting Societies.
The Federal Court has held that “news” is not restricted to current events. For example, old material, or footage that was never related to a current event, may be relevant to current news events. Alternatively, under this provision investigative journalists may be able to use copyright material they have discovered that relates to past events.
In looking at whether a person’s use of copyright material comes within the exception of fair dealing for reporting news, courts are likely to require more than simply a connection with a newsworthy topic. The crucial element in determining whether the exception applies seems to be whether the primary purpose is to report or comment on news. Although courts have held that reporting news may involve the use of humour, it seems that where a court considers the purpose of using the material is primarily to entertain, the presence of newsworthy issues is not sufficient to make the use a fair dealing.
As to the supposed special significance of the footage claimed by the UKNP, what Australian's were able to view in the 1970s, they should be free to view now. This move to erase and censor the past must cease if we are to take our rights to freedom of information and expression seriously.
Images of the fence being constructed highlight how far away from the 1970s we are...
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