Yirrkala bark petitions
Encyclopedia
The Yirrkala bark petitions 1963 are historic Australia
n documents that were the first traditional documents prepared by Indigenous Australians
that were recognised by the Australian Parliament
, and are thus the first documentary recognition of Indigenous people in Australian law.
Wali Wunungmurra, one of the 12 signatories to the petition, describes the background to the petition as follows:
The Yolngu
people of Yirrkala
sent the bark petitions to the Australian House of Representatives
. The petition asserted that the Yolngu people owned that land and protested the Commonwealth's granting of mining rights to Nabalco of land excised from Arnhem Land
reserve. The result was a parliamentary inquiry which recommended that compensation was owed to the Yolngu. Thus, the petition was the first recognition of native title
.
The Yolngu then took their grievances to the courts when it became obvious the politicians in Canberra were not going to recognise their ownership of the land. The case moved to the Supreme Court of the Northern Territory
in 1968 as Milurrpum v Nabalco; the Gove land rights case
. In 1971 it was ruled that the Yolgnu people were not able to establish their native title at common law
. Justice Blackburn used the notion of terra nullius
to justify this.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n documents that were the first traditional documents prepared by Indigenous Australians
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
that were recognised by the Australian Parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
, and are thus the first documentary recognition of Indigenous people in Australian law.
Wali Wunungmurra, one of the 12 signatories to the petition, describes the background to the petition as follows:
"In the late 1950s Yolngu became aware of people prospecting for minerals in the area of the Gove Peninsula, and shortly after, discovered that mining leases had been taken out over a considerable area of our traditional land. Our response, in 1963, was to send a petition framed by painted bark to the Commonwealth Government demanding that our rights be recognised."
The Yolngu
Yolngu
The Yolngu or Yolŋu are an Indigenous Australian people inhabiting north-eastern Arnhem Land in the Northern Territory of Australia. Yolngu means “person” in the Yolŋu languages.-Yolŋu law:...
people of Yirrkala
Yirrkala, Northern Territory
Yirrkala is a well-known indigenous community in Arnhem Land, in the Northern Territory of Australia, at , 18 km South-East from the large mining town of Nhulunbuy...
sent the bark petitions to the Australian House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
. The petition asserted that the Yolngu people owned that land and protested the Commonwealth's granting of mining rights to Nabalco of land excised from Arnhem Land
Arnhem Land
The Arnhem Land Region is one of the five regions of the Northern Territory of Australia. It is located in the north-eastern corner of the territory and is around 500 km from the territory capital Darwin. The region has an area of 97,000 km² which also covers the area of Kakadu National...
reserve. The result was a parliamentary inquiry which recommended that compensation was owed to the Yolngu. Thus, the petition was the first recognition of native title
Native title
Native title is the Australian version of the common law doctrine of aboriginal title.Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
.
The Yolngu then took their grievances to the courts when it became obvious the politicians in Canberra were not going to recognise their ownership of the land. The case moved to the Supreme Court of the Northern Territory
Supreme Court of the Northern Territory
The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters...
in 1968 as Milurrpum v Nabalco; the Gove land rights case
Gove land rights case
Milirrpum v Nabalco Pty Ltd, 17 FLR 141 , was the first litigation on native title in Australia. The decision of Justice Richard Blackburn ruled against the claimants on a number of issues of law and fact, rejecting the doctrine of aboriginal title in favor of terra nullius.Although Milirrpum was...
. In 1971 it was ruled that the Yolgnu people were not able to establish their native title at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Justice Blackburn used the notion of terra nullius
Terra nullius
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one" , which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished...
to justify this.