Download Yindjibarndi Newsletter 15 March 2011

THE YINDJIBARNDI CASE
AGAINST FMG GROWING
STRONGER
Yindjibarndi have challenged the decision of the Native Title Tribunal
and a single judge of the Federal court for allowing the mining leases
granted to FMG for the Solomon Hub to stand. We are now waiting
for the judgement of the FULL BENCH of the Federal Court regarding
our appeal.
The case Yindjibarndi put before the judges breaks new ground in
Australian native title law. It goes beyond the limitations of the Native
Title Act to the Constitution Of Australia where we are seeking respect
and recognition for Yindjibarndi to freely practice their religion
in connection with the ngurra that is its foundation.
FMG is now asking the Government for another two exploration
leases and another mining lease, and Yindjibarndi Aboriginal Corporation,
on behalf of the majority of named claimants, will once again put
its objections to the Native Title Tribunal and the Federal Court if
necessary. But this time our case will be stronger than ever.
Through all these court cases YAC and our legal team have been
learning better how to present the arguments for proper respect of
Yindjibarndi culture and Law, and in particular, how our rights should
be protected by the Australian Constitution and its decree that all
people in this country must be free to practice their religious beliefs.
FMG and the State Government are trying to crush this freedom. But
the Australian Constitution is a law that comes over both the State
Government and FMG.
We will keep you posted on the next round.
NED CHEEDY – THE NEXT
EDDIE MABO?
This push by Ned Cheedy and the Yindjibarndi people into new areas
of Wybella law in the defence of their country and their beliefs, follows
the path that Eddie Mabo and his people took.
These fights are never easy. Mabo failed in every court except the
High Court of Australia. As so many of our friends and supporters
have encouraged us, we have to be determined and courageous and
never lose sight of our elders, and hold to our love of Yindjibarndi
ngurra, and to our deepest beliefs.
If the Federal Court or the High Court of Australia recognise
Yindjibarndi rights to freely practice our religious beliefs in connection
with the ngurra that is its foundation, then Ned Cheedy’s name
will go down in history alongside that of Eddie Mabo as someone,
who with his people, fought to strengthen the rights of all Ngaarda in
Australia.
FULL STEAM MOVING AHEAD
WITH YINDJIBARNDI #1
CLAIM:
The Yindjibarndi #1 Claim has been in preparation for several years
now. YAC have been dealing with the State Government to try and
reach a CONSENT DETERMINATION – that is, without having to
go to court. But the State Government has been dragging its feet. It
does not want to consent to EXCLUSIVE Possession Yindjibarndi native
title for parts of the Yindjibarndi #1 Claim.
In past years the state HAS CONSENTED to such EXCLUSIVE native
title over Vacant Crown Land for other traditional owners. So there
are solid precedents.
— 22 —
Now Yindjibarndi must make plans to take determination of the
Yindjibarndi #1 Claim to the Federal Court.
This will be a lengthy and expensive business and we will have
to form a FIGHTING FUND. This will be discussed with named
claimants and Yindjibarndi members before any action is taken.
YAC SIGNS HERITAGE
AGREEMENT WITH RIO
TINTO & IS ON THE WAY
TO A CLAIM-WIDE LAND
ACCESS AGREEMENT
The bad news from FMG is balanced by good news from Rio Tinto.
RTIO and YAC have signed off on a heritage agreement that has
cleared the way for survey work for Rio railway expansion work.
This Agreement was reached after months of careful negotiations
where good working relationship was re-established with Rio staff
after the disaster at Bridge Eleven (see “Heritage Disaster at Rio’s
Bridge Eleven” essay by Phil Davies on YAC website under the
Dictatorship of Mining page). This Heritage Agreement is not openended
however, but will cease after one year. It will only be reconfirmed
if YAC reaches a fair Land Access Agreement with RTIO.
While Rio have shown that they too can be bloody-minded, as with
Bridge Eleven – they at least have a basic understanding of what
fair dealing with Indigenous people is, perhaps because they must
deal with traditional owners all over the world. They should have
learned good lessons from the strong rights that Native Canadians
enjoy. FMG by contrast seem totally ignorant of international
benchmarks! They seem utterly trapped in the limited imagination
and leadership of Andrew Forrest.
Prospects for a good outcome with RTIO are looking very promising,
however, and YAC will report new developments as they arise.
At its worst, whatever deal YAC signs with Rio will be more than 10
times better than what FMG are offering!
RANGER PROGRAM FOR
NGURRAWAANA
As a part of its community development policy, Juluwarlu has been
working with the Ngurrawaana group to get funding for and to
manage a caring for country ranger program in the tablelands and
along the Fortescue River. As a result 4 men have been employed at
Ngurrawaana in work to get rid of invasive plants in the rivers, to
fence cattle off, to care for Yindjibarndi sites, and to manage public
access along the river and around special places like the Jiirda Thalu.
JULUWARLU WORKING
WITH CHEEDITHA
Juluwarlu is also working alongside Cheeditha Chairman, Stanley
Warrie, and the Cheeditha board by helping with management and
administration. Juluwarlu provides accounting expertise, office infrastructure,
and staff to help Cheeditha in dealing with housing issues,
water problems, and government departments. Recently Juluwarlu
and Cheeditha have been meeting with a housing development
company and a mining company to explore the possibility of leasing
out Cheeditha lands and redeveloping a brand new Cheeditha in a
new location near town.
It is early days for these discussions, but we will give you updates in
our next newsletter.