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Ask the baby.

DEDICATION—This film is dedicated to the 200-strong Yindjibarndi family and friends who came together at Garliwinyji Wundu, to support elders and witnesses giving evidence to the Federal Court for the Yindjibarndi, ‘on-country’ native title hearing in September. THE FMG & STATE CASE—In the Court the State and Fortescue Metals (FMG) pleaded that Yindjibarndi have no entitlement to claim full, ‘exclusive possession’, native title rights. In effect, the State and FMG argued that we do not have the deep connection to say what happens on, or to live permanently in our own country; and that thousands of years of Yindjibarndi ngurra… identity… rights… be wiped away. Our witnesses gave evidence that showed just how wrong this is. FMG’S PURPOSE—FMG operates its 60-million-tonne-a-year Solomon mine—the biggest surface mining operation in the world—on Yindjibarndi country without the free prior informed consent of the Yindjibarndi people, without an agreement, without paying one dollar of compensation to the Yindjibarndi people for the damage their mining causes to Yindjibarndi culture and history and country—damage that can never be undone. It commits this violation because under Australian native title and Western Australian state heritage laws, it can. FMG’s purpose in the Court is to make sure that the status quo prevails, that its economic rights have free rein to go over the top of Yindjibarndi rights—so that Fortescue Metals never have to compensate the Yindjibarndi People for the massive damage caused by their mining operations. CONSEQUENCES FOR FMG—But if the Federal Court decides that Yindjibarndi do indeed retain rights of ‘exclusive possession’, then FMG remains liable to pay substantial compensation for damaging our country, and for the social disruption they have caused over the past five years. Quote: “A determination of native title in favour of [the Native Title Applicant] may entitle the [Yindjibarndi People] to compensation payable by FMG pursuant to s 123 of the Mining Act or s 24MD(3) NTA and s 125A of the Mining Act. The fact that a determination in the proceeding may give rise to a liability on the part of FMG to pay compensation clearly shows that FMG may be affected by the determination.” LINK: federal court decision stating fmg liability, 20 july 2012 http://yindjibarndi.org.au/yindjibarn... ASK THE BABY—One Yindjibarndi witness, Michael Woodley, described our responsibilities and liabilities: “We have to realise there is life beyond us, in the same way there was life beyond our old people. Our old people never missed a beat in terms of what was their responsibility— giving over the Yindjibarndi knowledge in the country to the next Yindjibarndi generation. Like the old people say… old Mayaringbungu, Ned Cheedy… when they asked him who is the owner of the country, he said, “Ask the baby”… When that baby get big he got to listen, he has to go through the Birdarra Law, he then got to be a man, get married and have kids, and when he get old, 80 or 90 years old, then you ask him [who is the owner of the country], and if that man been taught the right way, that baby, he’ll say, ‘ask the baby’. … It’s a generational thing. Until we know that there are no more Yindjibarndi coming you got no right to give this country away.” (Michael Woodley, CEO, Yindjibarndi Aboriginal Corporation, 2015)