Dr Kingsley Palmer reveals Yindjibarndi people’s cultural loss, feel ‘locked out’ of homes by Pilbara FMG mine

An anthropologist called to give evidence about the cultural loss and division experienced by the Yindjibarndi community as a result of Fortescue Metal Group’s mining operation in the Pilbara has said many locals felt the “loss” was like being “locked out” of their own homes. The Yindjibarndi Aboriginal Corporation, which was in 2017 granted “exclusive possession” over the land on which much of the lucrative Solomon Hub sits, has been embroiled in a bitter dispute with FMG for more than a decade over royalties it says it is owed by the company for mining on its land without permission. It has estimated it should be paid $500 million in royalties and interest. It is also claiming, for the first time in a native title case, social division caused by Fortescue backing a breakaway group that later did its own deals with the miner. The Wirlu-Murra Yindjibarndi Aboriginal Corporation broke away in 2010, wanting to accept a deal from the miner that YAC considered way too low - $4 million a year over the life of the three mines - and later negotiated its own joint venture deals with Fortescue. YAC is seeking upwards of $500m. It also alleges Fortescue has denied access to the land and has estimated at least 249 significant sites have been destroyed, including rock shelters demonstrating continuous human habitation for more than 35,000 years. Fortescue argues any liability rests with the State Government as it granted the tenements in the first place, while the State Government says it rest with the miner. In his evidence, Dr Kingsley Palmer, who was asked to prepare the reports on behalf of the YAC, told the hearing in his research and subsequent analysis of the evidence given by witnesses during the on country hearings last year, that many complainants felt they had loss their right to access country and feared they would lose their ability to pass on their culture to future generations. “The theory is that young people therefore will not be able to incorporate it into their understanding of their spiritual relationship,” Dr Palmer told the court. “The same understanding as they formally could those things that still be there. There’s a loss in the process.” Dr Palmer also said it was his understanding the Yindjibarndi people felt there had been a “diminution of that spiritual connection to country” as a result of the mining activities. “The loss is also of course one of the loss of right to access country,” he said. “It’s fundamental from a landowner’s point of view. As I’m sure we’d all agree of those of us who own property, that we have a right to enter our house. “That’s kind of the analogy some of the claimants have given. They’ve been locked out. So this business about visiting is not just about the innate spiritual value of country. “It’s also about the loss of a right of access and a whole lot of other rights as well including the right to be asked, which is part of a common theory about how we understand a proprietary right.” The trial continues.