Dhurili Nation Challenges Mining Lease Agreement in Court

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Cultural Worlds by WhyWarriors.com.au

Dhurili Nation considers court action as Prime Minister celebrates historic agreement in Gove Peninsula, NT.

The Dhurili Nation, comprising the Datiwuy, Golumala, Marrakulu and Marrangu clans have previously confirmed to the Northern Land Council and the Minister for Indigenous Affairs that they are lawful traditional owners of some areas of land that are affected by a new mining lease and agreement with Rio Tinto Alcan in the Gove Peninsula in the Northern Territory.

“We feel very sad because our rights under Madayin Law have been pushed aside and much pain and division has been created. This shows that colonisation is still happening today creating disharmony, by people ignoring due process. Again the failures of the Australian Government and the NLC to work with Yolngu people through a proper process of law has created division between the clans of Arnhem Land. We will not be celebrating along with others the signing of this agreement” said Dr Gondarra.

The Northern Land Council and the Minister have allowed a new lease to be signed, despite the Dhurili Nation raising its concerns about a lack of lawful consultation and a failure to seek the consent of its members in line with the requirements of traditional Madayin law and the Aboriginal Land Rights (Northern Territory) Act 1976.

The Dhurili nation, part of the Yolngu people, were previously recognised as traditional owners of parts of the affected area. For reasons presently unknown to them, they were not properly consulted about the recent negotiations with Rio Tinto Alcan. As a result, the clans of the Dhurili Nation consider that their rights under Australian and traditional Aboriginal law have been breached and that they have been improperly excluded from the negotiation process.

The Dhurili Nation is considering challenging the actions of the Northern Land Council and the Minister for Indigenous Affairs in the Courts.

Dated: 7 June 2011

Contact: Rev. Dr. Djiniyini Gondarra, OAM (on behalf of the Dhurili Nation)

About Richard Trudgen

Richard was born on Wiradjuri country. His conception Spirit Well site was near the top of Gaanha-bula (two shoulders) on Mount Canobolas, close to the city of Orange in NSW. He grew up along the Belubula River (stony river or big lagoon), near the small town of Canowindra (home or camping place), a key Wiradjuri traditional homeland. In his late teens, he was a lead guitarist in a rock band with two of his brothers and two friends called the South Side Five. He trained as a fitter and turner. He arrived in Arnhem Land in the NT in 1973 to volunteer for 12 months. He was compelled to learn Yolngu Matha and remained to work alongside some of the most traditional First Nation Australians, the Yolngu People. Trained as a community worker-educator, he speaks Djambarrpuyŋu to a deep legal, economic, and medical level. He has now collaborated with Yolŋu people for over 45 years. He was the CEO of Aboriginal Resource and Development Services (ARDS) for 10 years, during which he developed the Discovery Education methodology with Rev Dr Djiniyini Gondarra OAM and also established Yolŋu Radio in 2003. He was asked by the Yolngu elders to write "Why Warriors Lie Down and Die" and to train mainstream Balanda to understand Yolngu law and culture. He ran ‘Bridging the Gap’ seminars and corporate workshops across Australia, focusing on cultural competency and cross-cultural communication. He is currently the CEO of Why Warriors Pty Ltd, a community development social enterprise working with Yolngu people. He spends his days writing, producing podcasts, building an online learning centre for Yolngu, creating videos, developing online cross-cultural training materials, running workshops for Yolngu and Balanda, and working with Yolngu to develop family businesses.

5 Comments

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  1. Robin Humbertson •

    Thanks for posting about this topic “Dhurili Nation Challenges Mining Lease Agreement in Court”. Great post.

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  3. Carlyn •

    Hi Christina,

    Yes the Dhurili Nation is bringing the matter to court – and yes it is a frustrating and expensive exercise. It is our hope that it will result in more respect for Madayin Law and the land rights of all clans in Arnhem Land. They need all the support they can get – contact us if you want to help out…

  4. Traditional Aboriginal landowners excluded from Rio Tinto land agreement « Antinuclear •

    […] traditional owners from the area were not properly consulted and are considering legal action. http://blog.whywarriors.com.au/2011/dhurili-nation-challenges-lease-agre…) http://www.greenleft.org.au/node/48870 LD_AddCustomAttr("AdOpt", "1"); […]

  5. Christina Macpherson •

    Colonisation again. Too right!
    As this article appeared in June, – it leaves us in doubt now, as to whether the Dhurili Nation has been able to bring this matter to court.
    I bet that is a frustrating and expensive exercise, even though such an important one.

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