A 25-year-old Gomeroi and Ngiyampaa musician and government department staffer has responded in Gomeroi language to code of conduct allegations which could cost his job, after he walked out of a planned performance at NSW Parliament.
Jayden Kitchener-Waters has been suspended with pay after going public with his alleged experience of censorship at the Premier's public servants Awards.
On Monday November 17, Mr Kitchener-Waters was due to play his song 'Nhayla', written for his niece and sung in both English and Ngiyampaa language, before Premier's Department staff told him messages painted on his guitar were "too political" and could be seen as "taking sides".
"NO PRIDE IN GENOCIDE", "FREE GAZA" and "F*CK THE IDF" was the writing in concern.
Mr Kitchener-Waters offered to cover the word 'f*ck' before the issue was raised with the phrase referring to genocide.
He left the event, posting a video of his account of the evening to social media.
The phrases on his guitar were not new and had been in place for some time.
Mr Kitchener-Waters's role is as an Community Engagement Officer at the NSW Aboriginal Languages Trust - an agency within the Premier's department.
He is also the founder of Gomeroi language revitalisation-focused Gambadul Aboriginal Corporation, and earlier this year an inaugural member NSW's first-ever Young Aboriginal Leaders Program.
In subsequent meetings with Department staff, Mr Kitchener-Waters was told to take down his initial video by 3pm last Tuesday as it breached their staff code of ethics and conduct, that a private investigation had been launched, and he could potentially lose his job as a result of the social media post.
In place of a meeting with the Department's Associate Director of People, Culture and Talent and Deputy Secretary of Aboriginal Affairs New South Wales scheduled for Monday, Mr Kitchener-Waters was instead offered the opportunity to respond to allegations of his ethics and conduct breach in writing.
He responded with a letter written in Gomeroi language.
Mr Kitchener was helped by "staunch language revitalisation" activists in writing the response.
A post shared by Jayden Kitchener-Waters (@jaydenkitchenerwaters)
On Wednesday he told National Indigenous Times his most recent correspondence with the Department informed him he has been suspended indefinitely with pay while investigations continue, with a review period every 30 days if required.
In addition to his letter, Mr Kitchener-Waters attached statistics taken from the United Nations Independent International Commission of Inquiry's findings of Israeli forces committing of genocide in Gaza.
Mr Kitchener-Waters told National Indigenous Times last week, 'No pride in Genocide' is a common phrase and which has been in use within Aboriginal communities "across the continent, for decades" and "only now" given the situation in Gaza "do people have an issue with it".
He has continued to post updates on social media in relation to his employment situation.
"The ongoing situation Gaza and our government's response to it, or lack thereof", is the driving force behind his choice to continue speaking out, "and we won't be stopping until the Premier comes out and says that there is a genocide happening".
Mr Kitchener-Waters has no intention to take up an opportunity to issue another response letter translated into English.
"They need to sort that," he said.
Multiple attempts to contact Department staff in recent days have been met with little response, and have often been ignored, Mr Kitchener-Waters said.
Leaving last week's dinner without performing, Mr Kitchener-Waters asked a separate staff member, who he did not suggest works for the Department, if they supported genocide. He said they responded "not really".
Mr Kitchener-Waters said his own request and follow ups for an investigation into this staff member has been met with silence.
Asked by a reporter since the event if he was familiar with Mr Kitchener-Waters' situation, NSW Premier Chris Minns responded: "I genuinely haven't heard of that. It hasn't been brought to my attention but I am prepared to look at it."
Mr Kitchener-Waters posted to social media with indications the Premiers' official account had viewed his previous related post.
He told National Indigenous Times, even if the account is moderated by a staffer, it would be "bizarre" if they had not made the Premier aware.
In Parliament this week, Greens upper house member and spokesperson for First Nations Justice & Heritage Sue Higginson asked the Government if the phrase 'No pride in genocide' constituted 'taking sides' as a policy of the Premiers Department.
"And if so, what are the sides in support of genocide that the Premier's department is afraid to offend," Ms Higginson asked in the chamber.
Minister for the Environment and Government leader in the Legislative Council Penny Sharpe responded pointing to the Department's code of conduct's requirement for employees not to act "in a manner or make or endorse comment that would cast doubt on their ability to act impartially, apolitically and professionally".
Minister Sharpe continued there was not an argument of whether the words on Mr Kitchener-Waters' guitar were "good or bad" nor if the Government endorses them or not, but action would be expected to be taken against slogans more broadly, in many contexts.
The Minister went on to appear to make a loose, indirect comparison to a Neo-Nazi gathering outside NSW Parliament earlier in November.
"Members would remember that only a few weeks ago there was a pretty unfortunate incident at the front of Parliament House where people put a slogan that was particularly distasteful," Minister Sharpe said.
Speaking to National Indigenous Times, Ms Higginson stated she "not at all" thinks a stance against genocide is particularly political, and backed Mr Kitchener-Water for speaking out of his experience at last week's awards night.
She also labelled the incident "concerning" and called on the Government to issue an apology to Mr Kitchener-Waters, who she added, as a First Nations man, is "literally an authority" to talk about genocide given Australia's historical context.
"And he is entitled to make those statements as loud and proud and wherever he so chooses," Ms Higginson said.
Of Minister Sharpe's response, Ms Higginson said : "I understand sometimes questions received spontaneously in the chamber without notice can be difficult for any Minister or any member of Parliament, but I was shocked that the response that I got to that question ended in the place it did."
"Somehow the Minister's response ended up talking about Nazis."
A rally outside NSW Parliament has been organised to 'stand in solidarity' with Mr Kitchener-Waters at midday Thursday.
He said a wave of support from "staunch advocates" has come in his direction.
Last week, spokesperson from the Department of Premier and Cabinet said the code of conduct "states employees should not act in a manner, or make or endorse comment, that could cast doubt on their ability to act impartially, apolitically and professionally".
On Wednesday, Department chose not to comment further.
