Download Yindjibarndi Newsletter 15 March 2011

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BIG TEST OF WIRLUMURRA CULTURAL KNOWLEDGE TO COME IN TRIBUNAL AND COURT FMG applied for two more exploration licenses and a 4th mining lease in the Yindjibarndi #1 claim area for its Solomon Hub project some time ago. But now, because the majority of Yindjibarndi will not accept their bad Agreement, FMG have asked the National Native Title Tribunal to hurry these applications through – this is called EXPEDITED PROCEDURE. Ned Cheedy and Others, on behalf of the Yindjibarndi people, will be objecting to the grant of these exploration licenses and mining lease especially because of the deep importance of the lands surrounding Ganyjingarringunha. This land is very important for the Gariwinyji and the Buthurnha ngurrarangarli in the practice of their Birdarra Law responsibilities and the gathering of the right ‘objects’ for their Law each year. They must go to this country for their galharra and feel the spirit of that country – “Buyawarri” – to ‘be given’ these ‘objects’. In his statement to the Tribunal, Michael Woodley tells what his grandfathers taught him: “...what needs to be understood is that this is not just a fly in and fly out thing. You have to camp there, and you have to sing the songs until you put yourself in the country, become one with it, so that you are “Buyawarri” - dreaming with the country. The knowledge is not something you can learn, it is something that is given to you. Some people can do Law for a long time and never get the knowledge, but then, for some, the mind opens and the knowledge comes through.” Speaking through his grandfathers, Michael Woodley stressed in his evidence that the basis of, and the proper practice of this knowledge within the living country, was vitally important for Yindjibarndi boys going through their initiation ceremonies; that it was knowledge they could only learn with the guidance of senior Yindjibarndi Lawmen; and that it was this connection between young men, the elders that taught them, and living country that helped Yindjibarndi young men steer clear of the grief and grog and drugs, of avoiding an early death or wasting away in prison; it was these relationships that would make them complete, that would help to give them direction in life. This was exactly why, Woodley said, the continuation of Birdarra Law ceremonies and their rootedness in living country was so important to his Grandfathers – because if Yindjibarndi lost this passionate connection with country, Law would become meaningless! This is the reason why many Lawmen and the majority of Yindjibarndi do not want to accept the terms of FMG’s offer for a whole-of-country Agreement. This is why they are fighting to protect their country. Now FMG is working together with Ron Bower of Corser & Corser, who are Wirlumurra’s lawyers, to provide FMG with affidavits that say the evidence YAC, on behalf of the majority of claimants, has presented to challenge FMG and protect country, is not truthful – these Wirlumurra affidavits are saying that the knowledge for Law and culture for this country that has been passed down from Ned Cheedy, Yilbi Warrie, Kenny Jerrold, Johnny Walker, Woodley King, Darcy Hubert, Alec Ned, Allan Jacob and others, and which Michael Woodley describes in his affidavit, is a lie. — 16 — Those Wirlumurra who are making affidavits to the Native Title Tribunal against Yindjibarndi Law and culture and for FMG’s benefit are: 1. Ricky Sandy 2. Stephen Adams 3. Barry Phillips 4. Bruce Monadee 5. Bruce Woodley 6. Clifton Mack 7. Francis Phillips 8. Jimmy Horace So these Wirlumurra men and women will be tested on the truthfulness of their knowledge for all that country around Ganyjingarringunha. They will be tested against the knowledge handed down through Ned Cheedy and others about the roots of Birdarra and its proper practice. They will be questioned in the witness box of the Native Title Tribunal. YAC and the majority of Yindjibarndi claimants welcome this test. It is about time. These Wirlumurra men and women will now be forced to back up their claims – they will have to do better than “No comment recorded” and “no ethnographic significance”. But what else can you say when you never learned of the old people when they were here with us? WIRLUMURRA CLEARING COUNTRY THAT DOESN’T BELONG TO YINDJIBARNDI! It is bad enough that Wirlumurra people are giving away country that belongs to the Yindjibarndi people – but they have also been busy earning pocket money by clearing other people’s country. In another survey titled “Report of a Section 18 Ethnographic Survey and consultations regarding archaeological sites at FMG’s Solomon Rail Wedge”, Wirlumurra once again advised anthropology and heritage consultant, David Raftery, to report: The “Senior Yindjibarndi participants” who advised Raftery for this report were: 1. Berry Malcolm 2. Clifton Mack 3. Mavis Pat 4. Tricia Pat 5. Aileen Sandy 6. Wendy Hubert 7. Bruce Woodley 9. John Sandy 10. Ken Sandy 11. Aileen Sandy 12. Sylvia Allan 13. Mavis Pat 14. Julie Stevens 15. Diana Smith 16. Berry Malcolm This country in FMG’s Solomon Rail Wedge does not belong to Yindjibarndi. In 2007, after reviewing the Yindjibarndi #1 claim boundary for the Yindjibarndi #1 Connection Report with our most senior and most knowledgeable elder, Ned Cheedy, YAC met with the Office of Native Title (ONT) and informed them that that an error had been made when the Yindjibarndi #1 claim was lodged by the PNTS
– specifically that the eastern boundary of the claim went beyond the eastern boundary of traditional Yindjibarndi country. YAC told the ONT that this error would be modified in due course. Unfortunately, our limited resources have not yet permitted us to do this. So the country that was surveyed by FMG and members of the Wirlumurra for the “Solomon Rail Wedge” section 18 Application does not fall within the traditional boundary of Yindjibarndi Country, and YAC has withdrawn its objection to the section 18 Application made by FMG in respect of the “Solomon Rail Wedge”. This country belongs to either the Kariyarra or the Palyku people, and YAC have suggested to the DIA and ACMC that they consult with both of those groups. YAC has also written to the chair of the Palyku, David Milroy, and to Kariyarra representatives, the PNTS, and informed them of this unlawful action by Wirlumurra and FMG. The senior Yindjibarndi Law Bosses, and the Yindjibarndi People, extend our deepest apologies to the Kariyarra and Palyku nations for the actions the Wirlumurra Group who took it upon themselves to speak for someone else’s country. If FMG had properly consulted with the named applicants on the Yindjibarndi #1 Native Title claim this dreadful breach of protocol could have been avoided. As it stands FMG has chosen to disempower the legitimate Yindjibarndi Native Title Party and pay the Wirlumurra breakaways to do its dirty work. For the record, Yindjibarndi people should know that others, besides those listed above, have also been cashing in on Wirlumurra ‘breakaway’ surveys: 1. Barry Phillips 2. Mark Horace 3. Donna Willis 4. Rosanne Mather 5. Evan Phillips 6. Jill Tucker 7. Bruce Monadee COWARDLY & CARELESS ATTACK ON YAC BY WIRLUMURRA LAWYER, RON BOWER ON 28 January 2011, Ronald Bower wrote an aggressive letter full of lies, accusations and misinformation to YAC. It is worth revealing what is in Bower’s letter, because all our members should be aware of how Wirlumurra are using their Lawyer to attack our people and our Yindjibarndi interests. Like a dirty sportsman, Bower plays the man, not the ball. Instead of respecting the decisions that YAC make as an organisation, Bower tries to blame everything on one man – Michael Woodley. In targeting Michael, Bower, on behalf of his Wirlumurra clients, tries to pretend there is no such organisation as Yindjibarndi Aboriginal Corporation – which has the overwhelming majority of signed up Yindjibarndi members, a board of directors, an Executive Officer, solid secretariat support and a legal team – all fighting for the future, not a quick dollar in the pocket. YAC is a strong and durable organisation, with a board that is active in decision-making and a membership that is given the chance to vote on all major decisions – including whether to challenge FMG in the Federal Court! Mr Bower lies when he claims that that decisions at YAC are made by just one person. Targeting Michael is a dishonest and gutless tactic that purposefully ignores the fact that YAC’s policies and decisions are solidly supported by its loyal and thinking membership; and grossly insults the roles of Yindjibarndi leaders and members like Ned Cheedy, Dora Solomon, Thomas Jacob, Stanley Warrie, Alum Cheedy, — 17 — Bigali Hanlon, Tootsie Daniel, Rosemary Woodley, Jean Norman, Rosie Cheedy, Pansy Cheedy, Kaye Warrie, Michael Woodley, Angus Mack, Lorraine Coppin, Wendy Warrie, Joyce Hubert, Doreen Warrie, Gabriel Cheedy, Jolene Warrie, Lyn Cheedy, Esther Pat, Judith Coppin, Margaret Kennedy-Reid, Middleton Cheedy, Hayden Woodley, Russell Sandy, Leslie Walker, Curtis Lockyer, and the list should go on... Michael Woodley simply gives voice to YAC policies and decisions as an organisation – and so when Wirlumurra and Bower slander Mr Woodley, they slander our whole organisation. Look at how Mr. Bower tries to build this lie in his letter: First he says that the case being presented to the National Native Title Tribunal and the Federal Court of Australia are only Michael Woodley’s “dealings”, and that these are only “ostensibly on behalf of the Yindjibarndi No. 1claimant group”. Well they are not “ostensibly” on behalf of the Yindjibarndi #1 Claimants and they are not just Mr Woodley’s “dealings”. They are the considered and legitimate position of the YAC and the majority of Yindjibarndi #1 Claimants, and any suggestion that they are not is libellous. Then Bower claims that the Wirlumurra Yindjibarndi he has spoken to say that Michael Woodley is “in sole control of the Yindjibarndi native title claim”. He says they “complained that Mr Woodley refused to consult the members of the claimant group in any proper manner or at all”. This is rubbish! Majority votes have repeatedly been held to decide on issues of policy at YAC. The total failure of the meeting in the 50 Cent Hall last December where Bower and FMG-Wirlumurra tried to get Yindjibarndi to roll over to the FMG Agreement, should have made it obvious to Mr Bower that what Wirlumurra were telling him about Yindjibarndi opinions was exaggeration and self-serving lies. Bower then suggests that Mr Woodley keeps all matters to do with dealing with FMG and native title in his own exclusive control and uses “assaults and threats” on people who want to do a deal with FMG. Mr Bower and Wirlumurra should be aware that matters to do with native title and FMG’s aggressive approach do not need “assaults” or “threats” to get the support of the majority of Yindjibarndi. It is the disrespect, the bullying and the ‘divide and conquer’ tactics of FMG that have united the majority of Yindjibarndi against the current FMG Agreement proposal. The only thing keeping Wirlumurra alive is FMG’s money and the spite of certain members of Wirlumurra against Michael Woodley! The tragic ‘tall poppy syndrome’. Then Bower writes that his Wirlumurra clients complain that “Despite requests, they could not obtain information from Mr Woodley as to what he was doing in the negotiations” and “they could see no sign of progress in the dealings with FMG”. They complained that they were “denied input”, “denied information”. This is a very strange accusation, considering that all other Yindjibarndi who bothered to come to meetings and who kept their ears open were fully informed about what was happening, and time-and-again reconfirmed their support with majority votes in favour. As they say, you can lead a horse to water, but you cannot make it drink. Bower wrote that the Wirlumurra Yindjibarndi wished to take away from Mr Woodley “his sole control of the group’s dealings with FMG” – and give it to who? Allery Sandy and Ron Bower? Again, Mr Bower will be disappointed to know that “dealings with FMG”, particularly YAC’s challenge of FMG’s conduct and their mining plans, are NOT A ONE-MAN DECISION, but wholeheartedly approved by all the YAC directors, the majority of Yindjibarndi #1 Claimants, and the Yindjibarndi membership. Statements by Bower on behalf of Wirlumurra to the effect that
Page 1 and 2: www.yindjibarndi.org.au FMG TENEMEN
Page 3 and 4: WIRLUMURRA-FMG MOVE TO GET RID OF N
Page 5 and 6: THE THEFT OF THE FMG AGREEMENT Whil
Page 7 and 8: Yindjibarndi Men and Boys with late
Page 9 and 10: STRONG MESSAGES OF SUPPORT FOR YIND
Page 11 and 12: From: Jim Maher (former Millstream
Page 13 and 14: The day before this meeting, the ma
Page 15: WHAT FMG-WIRLUMURRA CAN’T SEE, OR
Page 19 and 20: But questions about their motivatio
Page 21 and 22: OTHER NEWS SBS-TV RECORDS ROEBOURNE
Page 23 and 24: INSIGHT INTO THE HYPOCRISY OF TWIGG

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