The Story of David & Goliath - The Yindjibarndi and the Fortescue Metals Group

"2012's Vincent Lingiari and the Gurindji verse the Vestey Corporation."

by Gerry Georgatos, National Indigenous Times West Australian reporter

PART 1 (Part 2 will feature in the next edition)
Courtesy of the National Indigenous Times - http://www.nit.com.au/opinion/1825-the-story-of-david-a-goliath-the-yind...

Mayinbungu has left however he is not gone - his life's narrative lives on, in the narratives of his descendants, within their form and content, in their lived experiences, in their belonging to the struggle to protect country and in the rights of the Yindjibarndi. His passing has not disconnected his narrative and his campaigns from the Yindjibarndi peoples. He lives strong within them, in their nature and in their will, and they live strong within his spirit.

Only a couple of months before Mayinbungu passed away earlier this year, at 106 years old, he said, "My name is Ned Mayinbungu Cheedy and I am now the oldest Yindjibarndi man alive. I have lived a long and good life and I don't know how long I have to go, but what I want, before I go, is for Yindjibarndi to be united again as one nation so our precious culture will survive for our future generations."

The political landscape of the Yindjibarndi has changed during the last few years. There is a split within the Yindjibarndi resultant the pursuits of land use agreements by the major Australian mining company Fortescue Metals Group (FMG). The FMG had failed, over a number of years, to come to any reasonable terms with the Yindjibarndi Aboriginal Corporation (YAC). Instead, FMG dumped the major representative of the Yindjibarndi peoples, the YAC, and assisted in the formation of a splinter group of Yindjibarndi, the Wirlu-murra Yindjibarndi Aboriginal Corporation (WYAC), in late 2010 – making a complete mockery of Native Title. How this has been allowed to happen – state and federal governments sitting by, federal courts pontificating, musing, procrastinating – begs for a Royal Commission into what has now become beyond a comical tragedy, the Native Title processes – approvals and appeals - and the subsequent Land Use mechanisms and instruments. If consistency were to be a rule, as the law forever intends, mitigation subsumed as a component within the context of consistency, then it's done and dusted that the legislation, watered down as it is, is failed and the dispute between the Yindjibarndi and the FMG emphasizes this. There is no legitimate Native Title process in this country when for instance the Yindjibarndi Aboriginal Corporation is not being recognised by the FMG as the legitimate body corporate of the Yindjibarndi peoples .

In recent weeks the United Nations Special Rapporteur James Anaya visited Australia and a number of Aboriginal communities impacted by mining, and he made a special visit to the Pilbara's Roebourne – to meet the Yindjibarndi peoples and to hear from them in person. Mr Anaya, the UN's Special Rapporteur for Indigenous Peoples is travelling the world, visiting Indigenous communities impacted by mining. The UN commissioned Mr Anaya and his research team to provide the United Nations with a suite of recommendations for guidelines to mining companies and governments who seek land use mining agreements with any of the world's Indigenous peoples.

In March, the late Elder Mayinbungu alongside YAC chairman Stanley Warrie and CEO Michael Woodley sent out a statement to the Yindjibarndi peoples. "In the coming months Yindjibarndi need to make a decision about having an Indigenous Land Use Agreement (ILUA) with Rio Tinto. Today, YAC and five members of the Applicant – Ned Cheedy, Thomas Jacob, Allum Cheedy and Michael Woodley – want this ILUA because it is a solid and fair agreement. However this important agreement won't happen if the arguments with two members of the Applicant – Sylvie Allen and Aileen Sandy, and other members of the Wirlu-murra group – continue to stall us from moving forward."

"Any decision that affects Yindjibarndi country needs the full and informed consent of the Yindjibarndi people. However under the Native Title law, all seven members of the Applicant must speak with one voice to represent all Yindjibarndi people for any decisions about the Yindjibarndi (number one) claim – and no decision about any Agreement, with Rio Tinto or anyone else, can be made unless all members of the Applicant agree to act together and speak with one voice."

"In the meeting on 24 March, the Yindjibarndi people will be asked to make a decision to end the division between the members of the Applicant – and to choose a unified body of Named Applicants to represent Yindjibarndi people in making this agreement with Rio Tinto."

"This is a very serious responsibility for Yindjibarndi. We must all take responsibility together for the best possible outcome, not just for Yindjibarndi People here today – but for all future generations."

"The division going on now is greatly harming our nation – accusations, gossip and family conflicts are being used selfishly."

YAC CEO Michael Woodley said the struggle for rightful benefits to his peoples is exemplified by the extreme differences in how mining agreements are being negotiated between the YAC and Rio Tinto as compared to the disaster between the YAC and FMG. "There is now a splinter group of Yindjibarndi who have set themselves up trying to negotiate with FMG but what they have been offered may seem a lot to some of them because when you are impoverished a little is a lot, but what FMG has offered is not adequate in the collective interest to assist all our peoples long term, to help our children and our children's children. FMG's offer is a short sighted, short term one."

"We are one people, our Elders always taught us to stick together," said Mr Woodley.

"Future generations will have to live with the actions and the decisions we make today. We are all responsible," said Mr Woodley. "We need to take great care of Yindjibarndi."

"We work to keep our Yindjibarndi spirit strong – to be true to our Elders and country. We will stand strong for mining agreements that will give Yindjibarndi control of what is happening to our old people's Ngurra – and bring some benefit to our people."

"Compare the Rio Tinto deal to the FMG deal. Rio's allows for our independence, FMG's seeks to control. Rio has allowed for long-term investment and a good relationship with the Yindjibarndi however FMG has offered no long-term investment, generated conflict amongst our peoples, has now a bad relationship with us."

WHO ARE YOUR MEMBERS?

The Yindjibarndi Aboriginal Corporation has accused the Wirlu-murra Yindjibarndi Aboriginal Corporation of fabricating membership by using the names of deceased persons as members and other residents as members without their knowledge or consent.

FMG has refused to deal with the Yindjibarndi Aboriginal Corporation over land access agreements in regards to the Solomon Firetails mines and instead is dealing with the Wirlu-murra Yindjibarndi Aboriginal Corporation.

The Yindjibarndi Corporation has always claimed this was wrong and that the Wirlu-murra group had far less members and did not have legal rights to claim they represented the Yindjibarndi people.

Earlier this year FMG claimed the Wirlu-murra had 234 members and the Yindjibarndi Corporation 144 members. However, YAC CEO Michael Woodley said the claims by Fortescue were wrong.

"The Wirlu-murra have no historical and cultural authority to be speaking about the lands of the Yindjibarndi," Mr Woodley said. "They are a small group which Fortescue created to divide our peoples in their greed to mine our lands at all costs."

"Our indicative Yindjibarndi supporter list is more like 274. Support is to YAC not the Wirlu-murra. The claimed Wirlu-murra membership needs scrutiny because there are people on their list who never gave permission for their names to be included," he said.

"When those people discovered they had been included on the Wirlu-murra membership list, they resigned and they have sent to me copies of their resignation letter. The National Indigenous Times has seen copies of these letters, and retains some copies.

"More disturbingly, there appear to be many members on the Wirlu-murra list who have never been verified as Yindjibarndi and the composition of the list is highly questionable."

"Their list also includes deceased people - Dora Solomon for example - and many who are on their list do not know it.

"One must ask, who composed the Wirlu-murra membership list? Certainly, no Yindjibarndi person could have made the mistake of including Dora Solomon, who was a very senior Yindjibarndi Elder and a very strong supporter of the Yindjibarndi Corporation before she passed away.

"I suspect this is a mistake by lawyers undertaking Wirlu-murra administration."

Mr Woodley said that in the end the Wirlu-murra are Yindjibarndi and they knew Mrs Solomon had passed away and they would not have included her name on any list.

"The real memberships and affiliations of each group will be tested when the section 66B hearing to change named applicants to the Yindjibarndi claim goes ahead. Genealogical proofs will be necessary," Mr Woodley said.

The Wirlu-murra Yindjibarndi Aboriginal Corporation was established in late 2010 according to its website and is chaired by Allery Sandy.

Anthropologist Phil Davies, who works for the Yindjibarndi Corporation, wrote his university Honours thesis on "Yindjibarndi knowledge systems in the Pilbara: A struggle to maintain an identity."

"I understand that some of the people listed as members of the Wirlu-murra group do not support them," Mr Davies said in his thesis.

"As far as numbers go, the Wirlu-murra can have as many members as they like, from wherever they like and they can deem any person they like to be a Yindjibarndi, but they still don't hold the Native Title rights and interests in the Yindjibarndi determination area - which was prescribed by the Federal Court to be held by the Yindjibarndi Aboriginal Corporation and they don't have the agency for the Yindjibarndi number one Native Title claim."

"Therefore, only the Yindjibarndi Corporation can make lawful decisions regarding Yindjibarndi country and Native Title rights."

"So, that is the state of play - traditionally, Yindjibarndi practicing cultural men who have the knowledge and are recognised as the Ngurrara for the country can only speak for country - in consultation with all other Yindjibarndi practicing cultural people."

Mr Davies said there were eight Native Title applicants on the original authority, one of whom had passed away.

"The meeting held in March 2011 by Fortescue wasn't properly held as there are strict rules within the Native Title Act that govern such meetings," Mr Davies said.

Late last year Mr Davies said, "The Yindjibarndi Corporation is now having to argue this in the Supreme Court because Fortescue has launched an action stating the meeting was a "proper" meeting and they are trying to kick out four of the seven remaining Native Title applicants - Michael Woodley, Ned Cheedy, Tom Jacobs and Allum Cheedy - all men - and they want to leave the three ladies, who support the Wirlu-murra group to speak for country."

"All this stuff is really despicable because at the bottom of all this process and hatred is the fact Fortescue simply want to mine Yindjibarndi country at the lowest possible cost so that they make billions of dollars for themselves, while leaving a legacy of hatred, poverty, discretion of sites, an inherent sense of hopelessness and grief for the Indigenous peoples left behind by this theft. It is really sickening."

At the time, Mr Woodley said the issue of Yindjibarndi membership was imperative as it went to the heart of the FMG argument in trying to by-pass the Yindjibarndi Corporation and deal exclusively with the Wirlu-murra group.

"A demarcated authority, be it a Corruption and Crimes agency or a Commonwealth sponsored Public Inquiry, should be convened to robustly investigate the membership of both organisations and the recent formation of the WYAC," Mr Woodley said.

"This should be done in the national interest in terms of the integrity of Native Title."

At the time and before going to print with the revelations the National Indigenous Times contacted the Wirlu-murra group and despite speaking to representatives who said their organisations would respond to the allegations and other questions they never did. The National Indigenous Times contacted FMG about the allegations however FMG distanced themselves and noted that the membership list was the responsibility of the Wirlu-murra.

"I WAS PRESSURED TO SIGN"

Earlier this year, the Western Australian Supreme Court was told Yindjibarndi Elder, Mavis Pat had been "pressured" to sign an injunction application to prevent the Yindjibarndi Aboriginal Corporation from holding its annual general meeting.

Mrs Pat is the mother of John Pat, who was killed in 1983 after being attacked by five off duty police officers outside Roebourne's Victoria Hotel.

Mrs Pat was unable to attend the Court hearing but she prepared a sworn statement which was read to the Court.

In her statement Mrs Pat said she had been pressured by a lawyer representing the interests of Fortescue Metals Group and the breakaway Wirlu-murra group to sign a statement she did not fully understand.

Her statement claimed it was only after her daughter, Maisie Pat explained what the statement she had signed meant that Mrs Pat realised it was not what she believed in.

Chief Executive Officer of the Yindjibarndi Corporation, Michael Woodley said what had taken place with Mrs Pat was further evidence of the divide that had been created between the Corporation and the breakaway Wirlu-murra group.

"The Wirlu-murra have no right to negotiate on behalf of our peoples. They are not recognised as our spokespeople," Mr Woodley said.

"When Mavis Pat's statement was presented in the Court, lawyers for Wirlu-murra immediately struck her off as a plaintiff and then pressed ahead with the action on behalf of the remaining two plaintiffs, Aileen Sandy and Sylvia Allen."

Mr Woodley said the statement by Mrs Pat clearly demonstrated the need for an independent public inquiry into the dispute between Fortescue and Yindjibarndi.

"Maisie Pat said her family and especially her mother Mavis, had been through a lot since the tragic death of John Pat and the actions of Fortescue in splitting the community were re-opening unhealed trauma," Mr Woodley said.

Ms Maisie Pat was also highly critical of the approaches made to her mother, Mavis.

"Where is the justice in this system for our people?" she asked.

"There is none. All we get is these white fellas come into our community and tell us what to do all the time. We are sick of it. We are entitled to be respected.

"I would like to meet face to face with Andrew Forrest. I would like to give him a piece of my mind. He is doing the wrong thing. He is dividing our family that was once close," she said.

Mr Michael Woodley said the Yindjibarndi Aboriginal Corporation unanimously resolved to lodge a complaint to the WA Legal Profession Complaints Committee against the conduct of the legal representatives of Fortescue and the Wirlu-murra who had approached Mrs Pat.

"We are outraged by the harassment of Aunty Mavis. We also condemn such unethical practice against the Yindjibarndi People. We want the gang of bullies to get out of our community and leave us in peace."

THE MINING BOOM – but poverty is on the rise

Claims by mining companies they are providing significant benefits from the record mining boom to improving the lives of West Australia's Aboriginal peoples and communities are just not true, say Elders and so too tell the statistics on living conditions.

In the resource-rich Pilbara big companies like Rio Tinto, BHP Billiton, Fortescue Metals and Chevron are spinning out press releases claiming they are investing in the region's Aboriginal communities and working around the clock to employ as many Aboriginal people as they can. However homelessness in the Pilbara is at record levels, with more than 170 per 10,000 people homeless. Only the Kimberley region has a worse homelessness rate - just about all of it Aboriginal peoples.

Some of the companies have been sending out press releases to mainstream news media claiming they have dramatically increased employment numbers of Aboriginal workers. But these claims are not being tested by comparing them to the statistics about living conditions and without speaking to local Elders and community leaders.

The Pilbara's Michael Woodley said mining companies have so far not returned anything of significance in terms of infrastructure and services to local Aboriginal communities.

"They say they are dropping millions into Indigenous communities but where and to whom?" Mr Woodley asked. "When they make claims of Indigenous people benefiting from the mining boom well they should show us the evidence of it."

"They should be able to say, 'look here, in this community we've just built 50 houses and a medical centre in this one and training programs we've funded over here', but that's not the case."

"Our people are still doing it tough despite the claims by the miners," Mr Woodley said. "Rio Tinto has done some good work alongside some Indigenous communities but the other mining companies have given nothing back and they are just taking everything they can from the resource-rich Pilbara."

Pilbara Elders said the mining boom was not benefiting their people. Elders Thomas Jacobs, Middleton Cheedy, Pansy Sambo and Tootsie Daniels lamented the mining boom had bypassed their people and their youth.

Mr Jacobs said mining companies don't return much to Aboriginal communities and it had almost reached the point of despair in expecting these companies to fund community programs and infrastructure.

"It is one thing for mining companies to say they are employing more Aboriginal people than before but that is not investing in the Pilbara's Indigenous communities," Mr Jacobs said. "Just employing people who work for them to do a job for them and then making a big deal about it is not bringing on change."

Every Elder said pro-social employment policies were not the equivalent of Aboriginal communities benefiting from the mining boom.

"If they don't invest in our communities soon the opportunity to help our youth and the generation to come will be a missed chance when the mining boom will be finished," Mr Cheedy said.

Rio Tinto said in the 1990s less than a half a per cent of their workforce was Aboriginal however it has now become Australia's largest employer of Aboriginal people. In Western Australia, 11 per cent of its workforce is Aboriginal which equates to 1,100 Aboriginal people.

BHP Billiton employs 10,000 people in the Pilbara with nearly 1,000 Aboriginal workers. Fortescue has increased its Aboriginal workforce to 412.

Mr Woodley said employing someone should not be seen as the equivalent of investing in that person's community. Some Aboriginal operators have benefited however the region's Aboriginal communities as a whole continue to languish in cycles of despair, he said.

Ngarda's Ricky Osborne said his group has employed more than 2,000 Aboriginal people from the Pilbara and from other regions of Western Australia.

"We've now come to a situation where there is a good deal of demand for Aboriginal employees and we're actually finding that companies are competing for available Indigenous labour,"Mr Osborne said.

Mr Osborne said high employment numbers of Aboriginal people "has reduced a lot of the social and health problems for a lot of Aboriginal communities."

But the statistics do not corroborate these claims. In fact homelessness and youth unemployment rates amongst the Pilbara's Aboriginal peoples have not dropped and poor health, especially among the Pilbara's Aboriginal children, continue at the same rates.

For example WA's Telethon Speech and Hearing Centre confirmed the prevalence of middle ear diseases with Aboriginal children was at crisis levels in Western Australia and particularly the Pilbara region.

Their screening data tragically describes more than 50 per cent of WA's Aboriginal children under the age of 12 unable to pass a simple hearing test.

In Roebourne, at the heart of the Pilbara region, more than 80 per cent of Aboriginal children could not pass the test and had middle ear diseases.

The Telethon's Speech and Hearing Centre spokesman Paul Higginbotham said the issue of middle ear infection "was a health disaster and it must be addressed."

Mr Woodley said Aboriginal disadvantage cannot be addressed without funds directly invested in Aboriginal health facilities and care.

Another Pilbara Aboriginal corporation, Gumala is Australia's seventh wealthiest Indigenous corporation in Australia due in part to commercial agreements it has with Rio Tinto.

However, aside from their investments in some mobile health clinics, overall the investment in Pilbara communities appears moderate.

Many critics say the Gumala corporation is wealthy however far too many of the communities within its care continue to languish in poverty.

The State Minister for Health, Dr Kim Hames has acknowledged not enough has been returned to Aboriginal communities from the mining boom and even government's $22 million investment in Aboriginal rural and regional health in particular to upgrade remote Aboriginal health clinics over the next year is only a drop in the bucket.

Mr Woodley said all mining companies have as part of their governance a social responsibility to Aboriginal peoples and this included providing jobs and training opportunities. It also required mining companies to provide equity to communities in education, health and housing.

"In the end real change for our people will occur when some of the mining operations are in the hands of our people and we manage the mining and return the dividends to our communities and not just to the mining companies, their boards and to individual operators and contractors," Mr Woodley said.

Mr Woodley acknowledged there had been some good work by some mining companies in directing business to scores more of Indigenous operators than in the past.

However he said this was not the equivalent to real changes for Aboriginal communities.

"That will happen when our communities have the money spent on them in terms of housing, community institutions and other developments and when money is spent on enterprises that everyone benefits from and not from which only some people benefit," he said.

"Profit-streams that go to individual operators, which is a positive in one way does not mean they flow on to communities.

"When the statistics on the Pilbara's homeless rates, unemployment rates change, when our children's literacy rates improve and when the gap on health closes, when our children can hear, then the mining companies and government will have something to rightly boast about."

WEDGE TACTICS USED TO WATER DOWN ABORIGINAL HERITAGE ACT

The West Australian government is attempting, and will succeed, in watering down the Aboriginal Heritage Act 1972 to make it easier for government and big business to secure the "assessments they want" of Aboriginal historical and cultural sites.

Aboriginal Elders and advocates have spoken about their fears that the only intention of this move by the State government is to keep on building assimilationist policies, to railroad Aboriginal folk and in effect extinguish customary and historical rights to the benefit of miners, big business and state and local government projects.

YAC anthropologist Phil Davies said that he and others within YAC had also heard what The National Indigenous Times has been told by a parliamentary source, that the State government will work over the Aboriginal Heritage Act so it befits purely the self-interests of State government and interest groups such as mining companies.

Mr Davies said, "It's ironic that they are doing this because as it is all power is pretty much in the hands of the Indigenous Affairs minister, Peter Collier, and the Department of Indigenous Affairs (DIA) does whatever it wants."

"However we have heard that they want to smash the Heritage Act further and which we understand when done will wipe out more than 90% of Aboriginal cultural sites. This is more than disturbing, it's criminal."

"The way the Act has been misused nevertheless is beyond a joke, and DIA and the state government listen to whomever they want to, and similarly mining companies for instance shop around for whom they want in terms of assessments - it's DIA who are a poor balance and check. They just don't care about Aboriginal history and the rights of Aboriginal peoples. They're a sham."

Derby-based Nikyina rights advocate Sofia Mirniyinna said, "The Act is not the problem, the government is the problem, and with what happened at James Price, the Kimberley, with the Yindjibarndi and FMG and with local shires and land development use, and recently with that stupid Native Title proposal to the Nyoongars well they don't want anymore lip and costly delays to their agendas. The solution is remove government from the process, they should not have a role in the independent assessment of these matters."

"Think about it - Liberal, Labor, Greens have different agendas, you make them government and they run to their objectives. If you want the Aboriginal Heritage Act complied with and people to do the integrity thing then demarcate these assessments through an independent body and not Peter Collier's department of Indigenous Affairs. Parliamentarians are not devoid of their prejudices and they do live clearly within or in proximity to the rich and in a culture of favour dispensation. It's they who have ruined Native Title and the Aboriginal Heritage Act," said Ms Mirniyinna.

Well respected Nyoongar Elder Ben Taylor said, "It's always a situation of our backs against the wall, while the government continues to try to divide us, and continues to let those of us who don't agree with them languish in despair. Many of our people continue to live poor, die young."

Former president of the Kimberley Land Council, and Nyoongar Elder, Darryl Kickett said, "There is a concerted effort against our sovereignty rights, and well we are now preparing to challenge the State government, and in respect to what they did at Heirisson Island, in the courts. We are working closely with lawyer Mark McMurtrie, who is a specialist in understanding sovereignty."

The West Australian newspaper's front page headline for the weekend of March 31 and April 1 was "Nyoongar heritage 'open to rorting'" - Several days earlier, The National Indigenous Times was told by a State parliamentary source that the State government, through its Indigenous Affairs minister Peter Collier, and the department of Indigenous Affairs, and through the South West Aboriginal Land and Sea Council (SWALSC) chief executive officer Glen Kelly, would soon push for changes to the Aboriginal Heritage Act 1972, and to undermine any groundswell of support for Nyoongar dissenters to the Native Title offer from the State government to the SWALSC.

Though the mainstream news media has generally portrayed only the dissent against Nyoongar Tent Embassy, the government is well aware that their handling of the Embassy, and their heavy handed tactics on what appear "marginalised citizens has not gone down well with voters", said the source.

The state elections are in March 2013.

The article in The West Australian was not solicited by the government, and this was confirmed by the respected Walkley winning journalist who wrote it, Colleen Egan. However, the National Indigenous Times is aware of the push by the State government, while they have both the State opposition (Labor) and the South West Aboriginal Land and Sea Council (SWALSC) on side in "tightening up" the Act to "better controlling assessment outcomes of Aboriginal historical and cultural sites".

There are a number of disputes before the department of Indigenous Affairs in relation to various sites throughout WA and some are holding up land use development and expansionist projects, said the source.

Ms Egan opened the article with, "The system of Nyoongar heritage clearances - which costs taxpayers and business millions of dollars a year - is mired in bureaucracy and open to rorts, the State government conceded yesterday."

"Senior government officials claim that some Indigenous groups are being paid 'go away money' to give cultural clearance for developments and maintenance work in Perth."

The source to The National Indigenous Times said, "The government is under a lot of pressure from miners and big business to make 'assessments' easier and one proposal includes a register of those eligible to provide 'assessments'."

At the time, Michael Woodley said, "In effect everything with the Aboriginal Heritage Act is geared in favour of any organisation with huge financial resources, and it is not protective of cultural, historical and customary rights. FMG is paying its way to an outcome - there should be protections from this, not making the road for such companies easier. We already have a David verse Goliath battle with them as it is."

The source said, "Colin and Peter will sell their message for the necessity of the proposal to be signed off as done deal so to avoid rorts and that business can be fluid and they are going to tap into the emotive arguments that the taxpayer is being rorted, business is being rorted, and tap into the discrimination bit, that not even Nyoongars, or whomever, should be privileged over others."

The source said, "The purpose of this campaign in as much as it is to tighten up the (Aboriginal) Heritage Act in the narrow interests of government, at the expense of cultural sites which most of government couldn't give two hoots about, is really to crush this embarrassing situation with the Nyoongar dissenters at Heirisson, and that such events don't have the extra oxygen for them to recur. Colin is very upset at the damage it may have done to the government in terms of the voter - in how they (mis)handled it."

The government described to The West unsubstantiated concerns and "told that payments of thousands of dollars have been made to ensure projects are not held up in the approvals process...". However, during the last year The National Indigenous Times has been reporting on the plight of the Yindjibarndi Aboriginal Corporation with Fortescue Metals Group using the Heritage Process to undermine the historical and cultural claims of the Yindjibarndi, as alleged by YAC management, members and supporters.

Mr Collier said to The West Australian he "was aware that inappropriate payments had been made to 'mavericks' who were taking advantage of the Aboriginal Heritage Act, which requires surveys to be done on areas that may be of cultural significance." The source said, "Peter and Colin would never put out an example of FMG and Andrew Forrest even though we know they can use whomever as anthropologists and surveyors, and will keep on paying till they get the right person, however the example you'll get is the other way around, not of Aborigines being ripped off but of Aborigines with their finger in the cream pie..."

Mr Woodley has long accused FMG of employing 'experts' friendly to the company in their assessment of cultural sites such as those within proximity of the Solomon Firetails mines.

The source said, "Peter, Colin and Glen will use scare mongering in a concerted effort to get the (Native Title) deal through and will try to make the Aboriginal Heritage Act as overkill in that the whole of Perth, the Swan River and much of the south west are in some way registered through Act and in that way forever at odds with progress."

The source said, "...but the crux will be a fear campaign of widespread rorting."

Mr Collier said, "There has definitely been rorting."

"There have definitely been situations where the purported sites have not been legitimate but it's easier for the developers or the proponents for the development to take the easier way out." In The West Australian article it was alleged of Mr Collier that he was aware of 'rumours' that government departments had made large payments but he could not 'confirm them.' As a minister he has the fiduciary obligation to investigate.

Mr Collier degenerated to wedge tactics, "It is a shame because most Aboriginal people have a genuine desire for their heritage to be preserved but unfortunately you have a few mavericks coming in who see it as a process for financial gain... They're well aware that the mavericks are rorting the system and they resent that fact."

Nyoongar Traditional Owner and university academic Professor Len Collard, "Wedge tactics, turning people against people, and it's discrimination because in the end no system is perfect and human nature is what it is, with stuff happening in every society, every culture, so to say it may happen more in Aboriginal communities is not on and it's discrimination to rumour monger this."

"In the end we do need to fix the Act however only in terms of who can speak for their peoples and who cannot but let us not get caught up that the government should have a role in this, as it is now all discretion is with them, so they've failed. And who is SWALSC to claim they can do it, they are already giving Welcome to Country to Nyoongars who have no authority to speak as Wadjuk or Koreng Nyoongars, and let us not forget SWALSC has sold out Wadjemup (Rottnest Island). The only people who should speak for their people or do the heritage assessments are those with connection according to their peoples' laws, and not by the modern phenomena of claim through a distant maternal relative or those who claim they can speak for Yamatji, Nyoongar and Wongi at the same time because they can claim some distant connection, this is not how it works. Let us get it right however at all times out of the hands of government which only corrupts the process," said Professor Collard.

Ms Mirniyinna said, "There is an agenda here, clear as the light of day, that is to further disempower Aboriginal peoples while rubbishing them at the same time and to do it while the iron is hot with the way the media has portrayed Nyoongar Tent Embassy. So much for the government's and SWALSC's claims that they respect customary rights! Sounds like SWALSC will walk away with more agency from anything to come while their Elders are wiped out. However, it'll be a similar story state-wide with all our clans if the Act is amended to meet the government's seeming objectives."

Mr Collier said the government 'was moving to clean up' the problems with changes to the Act, and in making sure the Native Title deal to SWALSC went through.

SWALSC CEO Glen Kelly said to The West Australian, "We get many complaints from business, industry and government about this issue but mostly it's out of our control and has been done quite independently of us."

He continued, "People feel like they're being held to ransom and pay a number of people cash money for clearances for what they feel is not about heritage, it's just about be-quiet money."

Ms Egan wrote, "Mr Kelly believed some of the opposition to the Native Title offer was fuelled by people who they would lose money from heritage clearances to SWALSC, which also undertakes heritage work."

The source said, "We know most of the Nyoongar Tent Embassy are not the types making money from heritage assessments or from Welcomes to Country but the scare tactics of rorts and money to be made get swallowed, it works unfortunately."

Mr Kelly said that he hoped a system of protocols between SWALSC and the government would assist Nyoongars. The director of operations at the department of Indigenous Affairs, Duncan Ord, added his weight with a swathe of sweeping and unsubstantiated statements, "Industry does not have faith because of these behaviours, the government is concerned about what its been told is the truth and many Aboriginal people don't have faith in the system either." Mr Ord's assessment could be of concern to the YAC's Mr Woodley, and it could provide legal merit for an injunction against DIC handling any assessments of submissions such as those from FMG and YAC over Yindjibarndi cultural sites.

Mr Ord said the 1972 legislation was out of date and "was not based on the Native Title principle of connection to the land and had allowed individuals to become the 'go-to people' on heritage matters without being validated."

University of WA law student and Nyoongar Tent Embassy spokeswoman, Marianne Mackay, "We have to speak for ourselves, there is no one in State government or in the opposition prepared to support the sovereign rights of Nyoongars or any of our Aboriginal people. The Aboriginal Heritage Act is as a weak as, and weakening it further is simply another attack on our sovereign rights. It's tough times for Aboriginal peoples in the backwater of racism that is WA, but we're standing up to the oppression, and we're meeting with the legal experts."

THE MORAL COMPASS

Yindjibarndi Michael Woodley has vowed to continue the fight against FMG and its boss, Australia's wealthiest person, Andrew Forrest until his people, the Yindjibarndi achieve justice.

Several months ago Mr Woodley spoke to a press conference on the even of the Fortescue Metals Group annual general meeting where he and other Yindjibarndi were refused entry to the meeting to speak to shareholders about the damage they claim Fortescue is causing to the clan's sacred sites.

Mr Woodley said he promised to never give up the fight for justice for his people, whatever it takes.

"This fight may be David versus Goliath however we can never surrender because if we do we surrender our lands we surrender thousands of generations of our ancestors, we surrender our identity, we surrender everything and that means we surrender our children and their futures," Mr Woodley said."

"Whatever it takes we will keep up the fight against Fortescue and to the end because at least our children will know what's important by what we do."

"Sadly, we did not need this fight because if Fortescue sat at the table with us, honestly rather than deceitfully then we could have worked out what was best for everyone."

"However what is not best is the decimation of our people's history, of our people's lands, of our people's right to be."

"I would also like to note that all is not lost because there is hope. Look at David and Goliath and yes Fortescue is a Goliath however David did defeat Goliath!"

For more than one and half years the Yindjibarndi Aboriginal Corporation on behalf of the majority of its peoples and on behalf of its Elders have been in the courts fighting what they believe are the abuse of power by FMG over mining rights on their land.

They believe FMG is trying to railroad them out of their various protections of sacred sites on Yindjibarndi lands, out of their historical identity, out of the right to preserve their cultural identity, out of their right to freedom of movement and also out of their entitlements, financial and social that should be obligatory with land use agreements.

Late last year, YAC sent out media releases after FMG refused to negotiate with them and instead chose to negotiate with the smaller breakaway Wirlu-murra who the Yindjibarndi say are not the majority and not their Elders.

"Brother, it's not that we want to be seen as we're taking it up to Fortescue," Mr Woodley said.

"If Fortescue were gentlemen we would sit at the table of peace, at the table of talking and negotiate and when I say negotiate I mean it's a two way street.

"It's not what they are doing to our people. We came here to Perth from Roebourne to let others know and maybe many of them will care, maybe some of them will help us make that difference in this battle between a cashed up Goliath and us, the Yindjibarndi.

"The economic toll on us has been enormous and it has been a drain. We are not Fortescue and we have spent much of what we have but it is what we have had to do for our people."

The YAC and the Yindjibarndi communities paid to fly 14 Yindjibarndi representatives including four children to Perth to attend the Fortescue Metals Group's annual general meeting last week.

Mr Woodley had hoped they would be able to attend the meeting and be able to speak to Fortescue's investors and shareholders in the hope that some of them would be affronted by FMG's railroading of Yindjibarndi.

"We hoped that if we could speak to some of them then some may understand and not want to make their money in the way it's being made," Mr Woodley said.

"However, security was beefed up and we were stopped from entering. Still, more than 50 protestors turned up and it warmed my spirit to see Yindjibarndi turn up who now live in Perth.

"You do not forget the land that mothers you. It was good to see so many Aboriginal people turn up, half were Aboriginal and it was good to see so many people come together and stand up for what is right."

"For a year now we Yindjibarndi people of the Pilbara have been suffering a split in our community engineered with terrible outcomes by Fortescue who intend to mine Yindjibarndi country.

"This is despite our people having Native Title to our homelands and despite us showing Australian courts and the Native Title Tribunal that the Yindjibarndi people, in terms of our culture, Law, language and well being, are dependent upon our connection with our ancestral land and water."

"The never ending pressure by Fortescue continues to devastate our community and our children's futures.

"Andrew Forrest's teaching about how we should be and how we should live does not compare to the teaching of our Elders.

"Our fight against Andrew Forrest and Fortescue is not just about our rights as the first people of this Ngurra. It is about doing right by our country and our descendants.

"We will not stop. We will fight to save our land and our heritage."

THE NARRATIVE OF STRENGTH FROM ELDERS PAST AND PRESENT

The Yindjibarndi explain the enormous wealth of resource-rich country has not been shared in a fair way. They are forever fighting attitudes that dispute their rights as the first people. They say they have to beg for every concession while neighbouring towns and industry have been given every advantage. They say that today they are still carrying the burden of social problems and inequalities that have historically been thrust upon them – the lack of opportunity and respect, poverty, injustice, racism, unemployment, social dysfunction, early death, lack of medical attention, an education system that doesn't cater for their own history and culture. In too many cases this weight has been more than they can bear.

They do not want their children to go down the same hard road past generations had to endure as choice had been stolen from them. The Yindjibarndi say it is time they are freed to set their own agendas rather than choking on what's dished up. They say they can fix the problems if they are allowed proper resources instead of mean hand-outs on a drip-feed basis.

The battle for rights to, and control of, traditional lands which are the foundation of their Law and culture, and which will give them a real chance for independence in the future, is a priority for them.

"I just want to bring these young people back to this land, I want to show them this land is still good for them to use. And young people when they come back, they might do a job in this place and learn in their way to handle a business. They might find out happiness, happiness for their life, and see what good things are in this land." – said the late respected Elder Yilbie Warrie

The late respected Elder Ned Cheedy said during the celebrations of the 105th year of his centurion plus life that he saw in every ceremony his brothers and sisters, his children, his cousins, his nephews and nieces, the spirit of those before him, and the spirit alive, he saw them dancing and singing, he saw them strong - he had seen the twentieth century from beginning to end and saw the birth of the twentieth first century and in this passing of time he saw the Yindjibarndi true to Law and that the children come first, that they and their happiness are what drive meaning and not what Lang Hancock's misunderstanding of capitalism and greed teetered as driving forces.

Mr Woodley does lead a battle royale as the Yindjibarndi refuse to surrender to every win by Fortescue Metals Groups and Mr Woodley did describe it as David verse Goliath.

It would be great if FMG and the Wirlu-murra sat with the YAC, with the coalescing of humanity, with Yindjibarndi whole and indeed everyone spoke from the heart. It is important to remind that David defeated Goliath.

RIO TINTO and FMG

"Rio Tinto is committed to reaching an agreement with the Yindjibarndi. FMG is not. Rio worked with us for four years patiently, FMG has little patience. Rio improved its offer, FMG wants us to sign away all our country. The FMG royalty will never rise above $4 million a year," said Mr Woodley.

"Please understand that FMG's $4 million capped agreement is not just for their Solomon area but it is for all Yindjibarndi country and all other companies who partner FMG on our land."

"Rio has offered $15 million in advance payments against rail tariff paid at significant milestones with instalments starting immediately while FMG is offering a once only half a million and to the Wirlu-murra only when the agreement is registered. After this there will be no further payments until FMG's first shipment of iron ore from Yindjibarndi country early in 2015."

"The royalty from Rio for all iron mined is not capped and will be 0.5 per cent but FMG is offering only the $4 million per year capped for the life of all FMG mining projects. To understand this better, if for example Rio were mining FMG's Solomon at 60 million tonnes per year, then at $140 per tonne, the royalty at Rio's 0.5 per cent rate would be $42 million per year."

MAYINBUNGU

The Pilbara town of Roebourne doubled in size during the weekend of the funeral of the late and revered Yindjibarndi Elder Mayinbungu. The legend of the Pilbara passed away peacefully on the Sunday morning of April 1.

Michael Woodley said it is not the usual protocol to speak of the dead and that when referring to a family member who may share the same name as a lost one then that person is referred to as Jugari.

"However modern times has brought into our world the amazing technology of photography and many of the Indigenous nations view the display of images of lost ones to be also a sign of disrespect," he said.

"When it comes to Elders I feel we should and must showcase them so people do not lose sight of them as leaders and as shining symbols of our identity and to remind us to raise to their expectations."

The YAC and the family of Elder Mayinbungu have given permission for the use of his name and his image.

Late last year hundreds came to Roebourne to celebrate the 105th birthday of their stalwart Elder Mayinbungu who helped steer the Yindjibarndi through the most of difficult of times in their struggle to preserve Yindjibarndi heritage, lore and culture, to preserve sacred sites from expansionist mining projects highlighted by the public differences with the FMG.

Mr Woodley, who described Mayinbungu as "the beacon of hope", said it would be Mayinbungu's memory that would guide the Yindjibarndi in their "David and Goliath battle" with Fortescue Metals Group.

Many of the thousand folk at the funeral fell to their knees in respect to the great Elder and in remembrance to his steely determination as a Traditional Custodian to guide his peoples in the battle with FMG."

Condolences were extended by Federal Indigenous Affairs Minister, Jenny Macklin who acknowledged Elder Mayinbungu's great lifetime achievements.

Reconciliation Australian Chief Executive Officer, Leah Armstrong, said Elder Mayinbungu was and would remain the heart and soul of the Yindjibarndi, particularly for those living on Yindjibarndi country.

"He was an extraordinary man who lived a remarkable life," Mr Woodley said.

"Living to be 105 is an amazing achievement and what accompanies that was his philosophy on life. The bad days that he had, he never let them affect him.

"He was always very giving and caring ... that is what drew me and others to him."

Mayinbungu had worked as a skilled stockman, windmill man, cultural teacher, Yindjibarndi language teacher and last year was the recipient of the NAIDOC Lifetime Achievement Award.

He dedicated most of his life to teaching young people about lore, law and culture and the importance of education.

He had also been a preacher at the Pilbara Aboriginal Church and worked closely with families affected by alcoholism and abject poverty.

PART 2 continues in next week's edition