Earlier this year, Navi Pillay, the United Nations High Commissioner for Human Rights came to Australia on her first official visit to discuss rights issues with the Government, the Australian Human Rights Commission, as well as Aboriginal and Torres Strait Islander communities and non-governmental organizations. During her visit to Darwin, she met with Aboriginal leaders. Women from Galiwin’ku (Elcho Island, North East Arnhem Land) who are part of the Makarr Dhuni Forum wrote this letter together to Ms Pillay:

13th May 2011

Dear Navi Pillay,

RE: Yolngu Madayin Rom (sacred law) governing Yolngu women in North East Arnhem Land.

We the Yolngu  women of Galiwin’ku, North East Arnhem Land, Northern Territory, Australia wish to inform you of our opinions about women’s rights and responsibilities under our Yolngu law.

In our culture, the symbol of a woman is a sacred and holy dilli bag. This bag carries the law in the same way as a woman carries her child in her womb. Women therefore are carrying and maintaining the discipline, the moral teaching and the law in our community. For this reason women are very highly respected and seen as holy.  Their bodies are seen as sacred, as are their children according to the djalkirri rom (foundation law).

Nyomba Gandangu – wearing the dilly bag at the closing of the Yolngu Ngarra (Parliamentary sitting), before assenting to the law. Photo used with permission. Copyright Makarr Dhuni Forum

One of the practices that protects women and children is the relationship with our mother’s mother’s clan (mari pulu). This clan acts as an asylum or safe house for anyone who wishes to escape persecution or violence.  The perpetrators understand that they are not allowed to set foot in that area. The maris will act as a lawyer /mediator to resolve the issues. Another layer of this complex legal system involves the Djungaya (manager/facilitator) who polices the implementation of the resolution.

We are concerned that our Federal and Territory Governments are not acknowledging that we are still subject to our own djalkirri rom (foundation law) created by Wangarr (God) since time immemorial.  For this reason we wish to reassure you that there are many laws, practices and protocols that we must adhere to as strong Yolngu women according to the djalkirri rom. It is this law that provides safety and protection for all Yolngu. Yolngu law is within our body, our bones, our blood, connecting everything. It is sacred, as our lives and bodies are sacred, connecting us to the land.

We thank you for taking an interest in our situation and feel hopeful about your visit to Darwin.

Kind Regards,

Nyomba Gandangu

Co-chairperson of the Makarr Dhuni Forum (the second tier of the Yolngu Ngarra – Parliament, representing all of the clans of Elcho Island)

On behalf of The Makarr Dhuni Women’s Forum

To read Navi Pillay’s response to her visit to Australia, see: http://www.abc.net.au/news/2011-05-25/un-rights-chief-attacks-disturbing-policies/2730650

The AHED Project supports the Makarr Dhuni Forum

This video was produced independent of Why Warriors Pty Ltd, and are the views of the speaker, further information may be found where this video was originally posted on YouTube. I’m sure those who created this video would appreciate if it was passed on to others especially to those in Government positions, as that is who this message was written for.

“Why don’t you Balanda explain to us what are your plans for us?  What is the Government’s plan for us or the Shire’s or whoever’s plan for us? What do you have in mind for our future?  Someone come and explain it to me? We don’t know? You don’t talk to us.  You just change things. Where is the consultation, where is the negotiation.  We have our own parliaments; our own system of law.  You should be talking to us first.”

His speech demonstrated that Indigenous people in some remote communities feel like all the decisions about their community are being made for them.  Not only do they want to know what is going on, they feel they have a right to know and a right to be part of the decision making process.  Yolŋu have been demanding this right since the Balanda first imposed on them. The jurisdiction that their own systems of law gives them over the use of land and governance of their own society, means that decisions made by the Balanda systems without consulting the appropriate person in their own system are seen as imposing, controlling or illegitimate.  These are not naive thoughts.  Yolngu struggle to understand how our political system really works,  but they are fully aware that their land owners, leaders and elders have no say in the constant changes that complicate their lives, and determine how their land is used, despite a system that is supposed to support them.  The last year has been particularly difficult with the coercive tactics of the intervention, removing the permit system, imposing police forces and compulsory income management all without preliminary consultation.  On top of this the NT government disbanded the local community councils, forming them into super shires and so severely limiting local control of the townships.  The statement summarised above implies an anger and perhaps a fear of the Government and the ‘Balanda’ system’s plans for them.  This is evidence of the lack of information people have about the mainstream Australian system, leaving a big question mark about how the power that Balanda exerts over them will be used.  Just as this Yolngu man suggests, Indigenous communities are dependent on non-Indigenous personnel to keep them informed of the plans of Government and other organisations.  The lack of real consultation also means that Indigenous people are excluded from the debates.  Take for example the debate about bilingual education.  This year at the word of the Minister Indigenous languages are all but banned from being taught and used for teaching in the class room.  On such issues the media presents us with rarely more than a couple of Indigenous people who may or may not represent informed local opinion.  Meanwhile a whole range of non-Indigenous experts get to comment on the issue.   In addition, those Indigenous people that do get to speak in the media must do so in English, a foreign language to them, as a result they sound simple minded and shallow when their experience and meaning is deep. That Indigenous people are excluded from decisions that effect them is a real experience they face regularly ( hear about this directly from an remote Indigenous voice).   We must create ways to consult throughly using the local and traditional systems that the people are using.  Consultation takes time.  But taking that time to listen and include the peoples system is part of the solution to Indigenous problems because it allows for learning, it encourages, demonstrates respect and empowers Indigenous Australians with the opportunity to speak.   In fact, time for good consultation reduces many future complications; but that is another story…