Image – www.abc.net.au. Supplied by Yamatji Marlpa Aboriginal Corporation
A trickle of the resource-rich Pilbara will finally finish up in the hands of the impoverished Banjima peoples, after a 15-year long Native Title claim struggle.
The Banjima fought for recognition in their right to claim Title over Country, and this was finally remedied by last week’s Federal Court judgment. The Banjima claimants won rights over 10,000 square kilomtres of Australia’s Pilbara mining boom heartland.
Banjima Elder Alec Tucker said that the decision had tested the resilience of his peoples, and that he is joyous for those who have lived to see it and who will now have in their knowledge that they can secure some positive legacies for their children.
“We have been working for this for a long time, we have been looking forward to this for a long time,” said Mr Tucker.
“We have always known our Country, we know it is Banjima Country, now others know it too. It is my grandfather’s Country, it is my father’s Country. The old people are happy today.”
Yamtji Marlpa Aboriginal Corporation CEO Simon Hawkins lamented the long drawn out judicial ordeal that one of the most well known of the Pilbara’s cultural peoples have been put through.
“The State Government has to stop waging expensive legal battles and take a more collaborative approach,” said Mr Hawkins. He hopes that the Federal Court decision will be a lesson heeded by the Government in that in future they will undertake a collaborative approach with cultural peoples.
Indeed, the Native Title win is significant and a precedent in terms of recognising cultural rights to Country especially where ore and mineral resource operations are underway. The Banjima win will be drawn upon by others however it is no guarantee the same decision will follow for others as did for the Banjima.
The Banjima laid claim to 10,200 sq km of Pilbara Country in 1998 but the State Government was their greatest obstacle. Their Country takes in areas near Karijini National Park. The area in which the Federal Court recognised cultural rights includes BHP’s Pilbara iron ore operations, Rio Tinto, Hancock Prospecting, Fortescue Metals Group project tenements.
The Banjima and State Government spent 13 years negotiating without reaching agreement, hence in 2011 the matter was taken to the Federal Court.
“Our people will celebrate, we will celebrate strong, it is our proud day for us, we have waited for this day,” said Mr Tucker.
