Yirrkala bark petitions facts for kids
The Yirrkala bark petitions were important documents sent by the Yolngu people to the Australian Parliament in 1963. The Yolngu are an Aboriginal Australian group from Arnhem Land in the Northern Territory. These petitions were the first traditional documents made by Indigenous Australians that the Australian Parliament officially recognized. They were also the first time Indigenous people were recognized in Australian law through such a document. The petitions stated that the Yolngu people owned land where the federal government had given mining rights to a company called Nabalco.
In 1971, a court decided that the mining agreements were valid. The court ruled that the Yolngu people could not prove their traditional ownership (called native title) under the existing laws. This decision is known as the Milirrpum case or the Gove land rights case.
Contents
The Story Behind the Petitions
Wali Wunungmurra, one of the 12 people who signed the petitions, explained how they came about. He said that in the late 1950s, the Yolngu people noticed people looking for minerals on the Gove Peninsula. Soon after, they found out that mining rights had been given for a large part of their traditional land. In response, in 1963, they sent a petition painted on bark to the government. They demanded that their rights to the land be recognized.
Who Created the Petitions?
Five brothers from the Rirratjingu clan led the thirteen clans who were the traditional owners of the land. These leaders were Mawalan Marika, Mathaman Marika, Milirrpum Marika, Dhunggala Marika, and Dadaynga "Roy" Marika. Wandjuk Marika, Mawalan's son, helped write the bark petitions.
The petitions were sent to the Australian House of Representatives. They were officially presented there on August 14 and 28, 1963. The petitions were written in the Yolngu language, with an English translation alongside.
Today, these bark petitions are on permanent display at Parliament House in Canberra. They are shown with a digging stick called the Djang'kawu digging stick. This stick is important to the creation story of the Yolngu people.
What the Petitions Said
The bark petitions clearly stated that the Yolngu people owned the land. They protested against the government giving mining rights to Nabalco. This land was taken from the Arnhem Aboriginal Land reserve. Galarrwuy Yunupingu, a leader of the Gumatj clan and son of one of the Yolngu plaintiffs, Munggurrawuy, also helped write the petitions.
The petitions explained that the land had been used by the Yirrkala tribes for hunting and gathering food "from time immemorial." They also said that places sacred to the Yirrkala people, and vital for their survival, were on the land taken for mining. The petitioners expressed their "fear that their needs and interests will be completely ignored." They asked the House of Representatives to "appoint a Committee" with interpreters. This committee would listen to the views of the Yirrkala people before allowing the land to be taken. They also wanted to make sure that no agreements with any company would "destroy the livelihood and independence of the Yirrkala people." These petitions were the first official claim of native title in Australia.
Government Response and Court Case
The Australian Government responded by setting up a special group in 1963. This group was called the House of Representatives Select Committee on Grievances of the Yirrkala Aborigines, Arnhem Land Reserve. The Committee suggested that the Yirrkala people should be paid for losing their traditional land. They recommended a land grant, money from mining royalties, and direct payments. However, Aboriginal land rights were not officially recognized under Northern Territory laws at that time.
Sadly, the government ignored these recommendations for compensation. In 1968, a new law called the Mining (Gove Peninsula Nabalco Agreement) Ordinance 1968 (NT) was passed. This law removed part of the Yirrkala Aboriginal reserve. This allowed Nabalco to develop the mine.
The Aboriginal clans whose lands were affected strongly opposed this new law. In 1968, they challenged it in the Supreme Court of the Northern Territory. This case was called Milirrpum v Nabalco Pty Ltd, also known as the "Gove land rights case." In 1971, Justice Richard Blackburn ruled that the mining agreements were valid. He said that the Yolngu people could not prove their native title under common law. Justice Blackburn stated that "communal native title" (group ownership of land) had never been part of Australian law.
The Milirrpum decision had a big impact on how Aboriginal people and mining companies interacted across Australia. Because of this decision, the Whitlam government set up the Aboriginal Land Rights Commission in 1973. This commission, led by Justice Edward Woodward, was tasked with finding ways to recognize the traditional rights of Aboriginal people to land.
Why the Petitions Are Important
The 1963 Yirrkala petitions were the first traditional documents created by Indigenous Australians that were officially recognized by the Australian Parliament. They represent the first time Indigenous people were recognized in Australian law through such a document.
See also
