Mirrar elder fined for trespass on her own land
By Peter Johnston
DARWIN — The senior elder of the Mirrar people, Yvonne Margarula, has been convicted and fined $500 for trespassing on her own land.
Three other Aboriginal people, who were Margarula's guests, were also convicted and fined $500. They include Jacqui Katona, the executive officer of Gundjehmi Aboriginal Corporation.
This case has serious implications for traditional access rights on Aboriginal land and is an attack on human rights, Katona said. "We condemn the court's finding that the traditional owners' land rights are removed even when a mining company excludes them illegally.
"It seems that justice can no longer be attained by Aboriginal people in this country. Traditional owners have had their basic human rights trampled by the Jabiluka project throughout its history. Despite undertaking only preliminary construction, ERA [Energy Resources of Australia] has already breached its authority on more than a dozen occasions over the last few months. It seems that Aboriginal people must abide by agreements but mining companies do not. The court is allowing ERA to act with impunity on Aboriginal land."
" In her statement to the court, Margarula said that as a traditional owner she had a responsibility to look after her country, visit it and make sure it was safe. She argued that protesting against the Jabiluka mine was a "traditional action taking a modern form".
The court dismissed Margarula's argument that she had a right to occupy her land because ERA had breached its obligations by not consulting traditional owners before establishing a restricted area around the controversial mine site.
Emerging from the court after sentencing, an undaunted Katona told Green Left Weekly that the campaign against the mine will escalate. The fight for the rights of the Mirrar people will be taken to every city in Australia, she added.