Download Yindjibarndi Newsletter 15 March 2011

More documents

Recommendations

Info

WIRLUMURRA BOSS DRAGS CLAIMANTS, SYLVIA & MAVIS, OUT OF YAC MEETING Allery Sandy and the Wirlumurra FMG breakaway mob are really good when it comes to spreading tales about how Michael Woodley is a bully just because he is passionate about and speaks up for his Law and culture and country against those that want to harm it and sell it. A big gathering of YAC members had a chance to witness just what a bully Allery Sandy can be on Thursday (10 March) when she stormed into a YAC meeting at Juluwarlu and bullied and shouted Mavis Pat and Sylvia Allan to leave the meeting even though they had come there willingly and wanted to stay to hear what was happening with other Yindjibarndi matters. Mavis and Sylvia wanted to be part of the meeting which had several important agenda items concerning Yindjibarndi affairs Allery Sandy shows disrespect to elders. – including negotiations with the Department of Water on a Memorandum of Understanding; Plan B deed of variation; Rio Tinto heritage and negotiations; Federal Court process and mediation; YAC membership; the move by FMG-Wirlumurra Breakaway group to remove Ned Cheedy, Thomas Jacobs, Alum Cheedy and Michael Woodley as name applicants from the Yindjibarndi #1 claim; and Wirlumurra actions to allow FMG to destroy Yindjibarndi sacred sites at Ganyjingarringunha by giving green light to their section 18 application. But the pressure was on Sylvia to not come to the meeting even before she got there. When Pansy Sambo picked Sylvia up, Bruce Monadee and Amy Jerrold were telling her not to go. They warned her that if Allery Sandy was not at the meeting, then she should not go there either. Pansy Sambo was sent by the other YAC Elders to invite Mavis and Sylvia because Yindjibarndi Elder, Ned Cheedy, wanted to talk with both of his daughters, Mavis and Sylvia – and it was to respect their uncle Ned that Sylvia and Mavis came to the meeting; and for this reason that Sylvia ignored Monadee and Jerrold’s threats. It didn’t take long for Wirlumurra spies to report back to Allery Sandy that Sylvia and Mavis had gone to a meeting – without Allery’s permission! The YAC meeting was discussing the Rio Tinto agenda item when Allery showed up. She shouted that Sylvia and Mavis had to get up; that they had to leave the room NOW. Allery said that they should not be at this meeting and said they had to come because if they stayed ‘they might make you sign something’. She also shouted at — 4 — Mavis that her brother, John Sandy, was upset with the newsletter and wanted to talk to her; and that Michelle (?) was also upset and wanted to talk to Sylvia on the phone when she got out of the YAC meeting. Other people at the meeting tried to calm Allery down; they told her that she was welcome to stay also. Senior women at the meeting including Allery’s mother in-law, Yindjibarndi Elder Dora Solomon, said to Allery that she was a grown woman, that she should know better than to behave in such a disrespectful way to Sylvia and Mavis. These two old ladies deserve more than to have an FMG ‘Native Protector’ telling them what meeting they are allowed to go to and not go to. But Allery rejected the invitation to stay and was quite aggressive and persistent to get her way with the old ladies and take them out of the meeting as quickly as she could. First she took Mavis by the hand, who was shaken up, and led her out to her car. Then she came back and grabbed the old ladies bags and ordered Sylvia out. Sylvia tried to tell Allery that she wanted to stay and listen to the rest of the meeting, but Allery would not let them. She bullied them out of the meeting as if they were children. Yindjibarndi Aboriginal Corporation want to say to Sylvia and Mavis, and any other Yindjibarndi out there who want to know what is really happening; and who don’t want to be intimidated by the bullying, fear and lies of Allery Sandy or others in the Wirlumurra group – PLEASE come to YAC meetings, which are always open to genuine members; and deal with all sorts of important issues – not just FMG business! We should stop to think – If Michael Woodley is passionate about and speaks up for the country his elders passed to him to protect – what are Allery Sandy and the other Wirlumurra mob fighting for? Their next FMG payment? Dora Solomon told Allery she should know better than to disrespect Sylvia & Mavis The truth is that to keep on the gravy-train of cash hand-outs from FMG, Allery Sandy and the Wirlumurra have to keep a tight leash on ‘named’ Yindjibarndi #1 Claimants like Sylvia Allan, Mavis Pat and Aileen Sandy, because these ladies are essential in FMG’s and Ronald Bower’s strategy to get rid of Ned Cheedy and the other 3 named claimants; and to legitimise FMG-Wirlumurra attacks on YAC in the Native Title Tribunal and the Federal Court. These three old ladies guarantee Wirlumurra their FMG pay-check! This is why both FMG and Wirlumurra have refused to engage in mediation with YAC, both through the Federal Court mediator and the DIA mediator – because it is in their interest to keep Yindjibarndi divided – and bugger the consequences for the Yindjibarndi community.
THE THEFT OF THE FMG AGREEMENT While Wirlumurra and their Lawyer, Ron Bower, seem happy to sign FMG’s Agreement [downloadable from http://yindjibarndi.org.au/], Yindjibarndi Aboriginal Corporation are strongly opposed to signing this Land Use Agreement. For a very poor short-term gain, this Agreement would forever damage Yindjibarndi interests over ALL their native title lands. We should explain again why this Agreement is so bad, and why Wirlumurra and Ron Bower’s pushing to sign this Agreement is wrong. Some of these things are complicated, but they will have enormous impact on our future, and so it is vital we try to understand: ● The FMG Agreement is not just for the Solomon Mine in the Yindjibarndi #1 Claim area, but also covers all future FMG leases and operations over the original Determination Area. There are already about 55 FMG tenements pegged in both the new Claim Area and the old Determination Area – half of Yindjibarndi country! ● The PRIMARY BENEFICIARIES in the Agreement FMG has drafted are the Wirlumurra Yindjibarndi Aboriginal Corporation (WYAC). So the only Yindjibarndi people getting money, will be those chosen by WYAC! Ned Cheedy and others have rejected this Agreement outright – does this mean he will not get anything? ● WYAC has no right to negotiate this Agreement for themselves, because under the Native Title Act the SEVEN Yindjibarndi people who are named as the applicant on the Yindjibarndi Native Title Claim – Ned Cheedy, Sylvia Allan, Thomas Jacob, Mavis Pat, Aileen Sandy, Alum Cheedy, Michael Woodley – are required to act jointly to agree on any Agreement with FMG. ● Wirlumurra claim that Sylvia Allan, Mavis Pat and Aileen Sandy support the FMG Agreement – but Ned Cheedy, Thomas Jacob, Alum Cheedy, and Michael Woodley (the majority of applicants) do not agree. ● SIGNING AWAY PROCEDURAL RIGHTS: Procedural rights under the Native Title Act are the RIGHT TO OBJECT to the grant of mining exploration licences and miscellaneous licences for railways; and the RIGHT TO NEGOTIATE the terms under which Yindjibarndi will consent to the grant of any other tenements, such as mining leases. ● With the RIGHT TO OBJECT signed away in this Agreement, FMG would be able to get any mining tenements they want, now and in the future, anywhere in the claim area or the determination area. FMG does not say how many tenements it wants, nor where they might be located, so THIS IS A BLANK CHEQUE. Yindjibarndi are being asked to consent now to something that is not known to FMG or them! ● GIVING FMG POWER TO DO DEALS WITH 3RD PARTIES: The proposed Agreement also gives FMG power to sell or license tenements on Yindjibarndi country to any third party with whom FMG deals now or in the future. ● So FMG’s proposed agreement is asking the Yindjibarndi to consent to an uncertain future – to the grant of anything and everything that FMG or anyone else (who has an agreement with FMG) wants in Yindjibarndi traditional country, at any time in the future. ● SIGNING AWAY SUBSTANTIVE RIGHTS OF THE ORIGINAL NATIVE TITLE DETERMINATION: Substantive rights under the Native Title Act are those rights given by the Determination of the Federal Court in the original Yindjibarndi native title claim. These SUBSTANTIVE rights recognise that the Yindjibarndi People hold the right to visit, conduct ceremony on, camp on, and gather traditional resources and bush tucker within the Yindjibarndi Native Title Area. — 5 — ● By signing the Wirlumurra-FMG Agreement the Yindjibarndi are giving away or suspending their “SUBSTANTIVE” native title rights to visit their country and so on, in the Yindjibarndi Determination Area that falls under FMG’s mining operations (or those of any of its future partners) – including on country to the south and south-east of the Millstream, parts of Coolawanyah and Mt Florance Pastoral, and unallocated Crown Land between those two Pastoral Leases. ● So, in signing the Wirlumurra-FMG Agreement the Yindjibarndi will forego not only their PROCEDURAL rights to OBJECT to FMG tenements in the Determination area, but also their SUBSTANTIVE native title rights to enjoy their country in the Determination area. ● The Wirlumurra-FMG Agreement provides no compensation for the loss or impairment of SUBSTANTIVE native title rights that our elders fought so hard for – only a small payment for loss of PROCEDURAL rights. ● This is how FMG is trying to pull the wool over Wirlumurra eyes – and how Wirlumurra are being tricked. ● The Wirlumurra-FMG Agreement stops the current generation of Yindjibarndi People, and all of their future ancestors, from ever claiming any compensation for the loss or impairment of their substantive native title rights. Wirlumurra want to give FMG a free giveaway. BUT IT GETS WORSE: ● SIGNING AWAY SUBSTANTIVE RIGHTS IN THE YIND- JIBARNDI #1 CLAIM AREA: We must remember, the Yindjibarndi #1 Claim, has not yet been determined, and that it could be many times more powerful than the original determination if – as is likely – EXCLUSIVE POSSESSION native title is granted to parts of the Yindjibarndi native Title Claim area. ● The proposed Wirlumurra-FMG Agreement will be disastrous in destroying the promise of these powerful EXCLUSIVE rights! ● So, as well as wiping out rights gained by our elders in the first Claim, the Wirlumurra-FMG Agreement will wipe out compensation for the loss of any EXCLUSIVE NATIVE TITLE rights recognised by the Federal Court in Yindjibarndi #1 – for current and all future generations of Yindjibarndi People. ● MCGLEW ADMITS – THAT IF NO AGREEMENT IS SIGNED – A DETERMINATION OF NATIVE TITLE IN THE YINDJIBARNDI #1 CLAIM COULD MAKE FMG PAY COMPENSTATION: In a letter Blair McGlew wrote to YAC on 30 November 2010 he said: “The three mining leases that will start the Solomon project have now been granted to Fortescue by the State. Fortescue is now under no obligation to pay any royalty in respect of these tenements, nor any other compensation in respect of these tenements prior to Yindjibarndi obtaining a determination of native title...”. ● This COMPENSATION is the compensation that FMG would have to pay for any loss or impairment of substantive native title rights, which were recognised by the Federal Court in the Yindjibarndi #1 claim. ● CHEATED OUT OF FUTURE RIGHTS: How it is fair and reasonable to ask the Yindjibarndi People to give up not only their PROCEDURAL rights; but also all SUBSTANTIVE rights under FMG’s current or future projects, for nothing more than a weak “procedural rights compensation package”? ● This is why so many have called this FMG Agreement ROBBERY.
Page 1 and 2: www.yindjibarndi.org.au FMG TENEMEN
Page 3: WIRLUMURRA-FMG MOVE TO GET RID OF N
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 and 16: WHAT FMG-WIRLUMURRA CAN’T SEE, OR
Page 17 and 18: - specifically that the eastern bou
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

Download Yindjibarndi Newsletter 15 March 2011

Create successful ePaper yourself

Delete template?

Save as template?