WA Indigenous Concerns: Heritage Sites & FMG Actions

There is a dispute between the Yindjibarndi Aboriginal Corporation (YAC) and Fortescue Metals Group (FMG) over Fortescue’s Solomon Hub Pilbara iron ore mine, its next major project. FMG has been accused of supporting the Wirlu-murra splinter group to divide the local Yindjibarndi community during negotiations for access to traditional Yinjibarndi land for the planned $8.5 billion project, expected to produce 155 million tonnes pa in 2013.

The ABC reports that this tension has caused:

“a stir in the media, on the internet and in state parliament. The proposal has divided traditional land owners in what is becoming a complex and notorious Native Title Agreement case.”

The National Native Title Tribunal Decision

The Tribunal allowed for the grant of three mining leases to FMG for the Solomon Hub, on the basis that its decision was:

“made with the assurance that any sites of significance that are associated with the religious practices of the Yindjibarndi People would be ‘protected’ by the Aboriginal Heritage Act.”

FMG Seeks Deletion Of Four Conditions To Their June 2011 Consent

In particular FMG wants to delete the conditions that oblige them to:

“1. avoid all sites that contain Aboriginal human remains

2. consult with the Yindjibarndi representatives to the satisfaction of the Registrar (before commencing any mining activities) so as to ‘clarify the status of heritage places on the Land and identify all heritage values associated with places on the Land’

3. ‘provide the Registrar with information on the location and archaeological and ethnographic assessments of all rock-shelters and caves located on the Land”.

The WA Auditor General Has Concerns

In September 2011, the Auditor general reported:

“grave flaws in the Department of Indigenous Affairs‘ (DIA) capacity to protect Aboriginal sites” “DIA has not effectively monitored or enforced compliance with conditions on mines under the Aboriginal Heritage Act 1972. As a result heritage sites may have been lost or damaged without the State knowing or acting {…} We found that DIA has only undertaken inspections of heritage sites when responding to complaints it received, but has taken no enforcement action when it has found non-compliance.”

Fortescue AGM And Video Of Miner’s Actions

While FMG reported its yearly profitability and progress at its November 2011 AGM, the Yindjibarndi people wanted to draw the attention of investors and broader public, to the fact that this has come at a human cost.

The harmony of the Yindjibarndi community has been shattered by FMG’s aggressive interference.

Verified sacred sites, protected by local heritage legislation, are being destroyed. See Youtube video.

The Yindjibarndi want to say to investors that the ‘business is business’ attitude of Fortescue is unethical and contravenes the most fundamental human rights covenants.

They are requesting that FMG starts acting like a modern, ethical company operating in line with International best practice, following sound protection measures for Yindjibarndi culture, and coming to an agreement with the Yindjibarndi people that is par with mining industry standards for compensation.

This is the message Michael Woodley, CEO of the YAC, wanted to take to investors personally and directly at the AGM. He asked to address the Fortescue AGM in Perth yesterday but his request was rejected by Andrew Forrest, so Michael and a dozen traditional owners from Roebourne, and friends, held a peaceful vigil outside the AGM.

Background

Various reports show that FMG lodged applications for three mining leases in the Solomon Hub area in 2008, and began negotiations with the native title holders through the YAC.

Negotiations broke down and the YAC lodged its opposition to the grant of the three licenses to the Native Title Tribunal in 2009, initially failing to win orders preventing the grant of the licenses. The YAC also failed in its initial Federal Court appeal of that decision last year, and the State Government issued the mining licenses to FMG in late November 2010.

Both FMG and the YAC are now waiting on the results of a new appeal to the Full Bench of the Federal Court.

In April 2011, lawyers Slater & Gordon, representing the YAC in its negotiations with FMG, asked that FMG deliver fair and just compensation to the Yindjibarndi community, saying:

“While FMG has put money on the table for compensation, this pales into comparison to the profits that will be made from this mine on our client’s traditional land, and it pales into comparison to royalty amounts that have been paid to non-Aboriginal people. Our clients are not being unreasonable in their claim with FMG. Together with our clients, Slater & Gordon are in this for the long fight. It’s about time that Australia hears about what’s happening in the Pilbara. Attempts to try and wedge the local community will not deliver a good result for anyone involved.”

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For More Information

REFERENCE PAPER providing full citations for the statement DOWNLOAD http://tiny.cc/vipz5

PRIMARY DOCUMENTS & PHOTOS available on request from media@juluwarlu.com.au

SLIDESHOW LINK http://tiny.cc/54bba

CONTACTS
Michael Woodley – CEO YAC – 0419 097 130 mwoodley@juluwarlu.com.au
Phil Davies – Anthropologist YAC – 0429 110 451 pdavies@juluwarlu.com.au

NEWS & INFORMATION ARCHIVE
Articles regarding Yindjibarndi and FMG
plus background & research: http://yindjibarndi.org.au/

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I wonder if the Full Bench will rule in favour of ethical behaviour?