Australian Aborigines Seek $1 Trillion in Compensation

CANBERRA, WEDNESDAY - An Australian Aboriginal land rights advocacy group is suing the government of Western Australia. They are demanding compensation of up to Rp 19.1 trillion.

The lawsuit was filed by Yindjibarndi Ngurra Aboriginal Corporation (YNAC) regarding mining at the Solomon Field. The mining site began operations in 2012 with a capacity of up to 80 million tons of iron ore per year.

In the lawsuit document seen on Wednesday (19/2/2025), YNAC claimed economic losses and cultural destruction impacts. They are seeking compensation of 1.8 billion Australian dollars.

Referring to the exchange rate at Bank Indonesia for trading on Wednesday, 1 Australian dollar is equivalent to Rp 10,663. Thus, the value of the lawsuit reaches Rp 19.1 trillion.

In the documents submitted to the court, YNAC sued the state government for issuing a mining permit in the Solomon Field. The iron ore mining concession there was granted to Fortescue.

In a written statement, Fortescue acknowledged that the Yindjibarndi people are entitled to compensation. "However, the parties do not agree on the amount of compensation," said Fortescue.

In 2024, Fortescue amassed a net profit of 5.7 billion Australian dollars. The company is among the top five largest iron ore miners globally. Its founder, Andrew Forrest, is one of the richest individuals in Australia.

The lawsuit against the Solomon Field could become the most important lawsuit regarding customary land rights in Australia. If granted, the compensation value would be the largest in history. Another impact is that the lawsuit could encourage other indigenous groups in Australia to file similar lawsuits.

Meanwhile, the state government, based on court documents, only agreed to a maximum economic compensation of 221,071 Australian dollars. As for compensation for the impact of cultural damage, the maximum is 10 million Australian dollars. The compensation offered, according to the government's statement, is considered fair, reasonable and just for all parties.

Experts' studies have found that at least 285 archaeological sites have been damaged by mining in the Solomons Fields, including at least six sites that are believed to be the origins of humans in Australia 45,000 years ago.

In 2017, the Yindjibarndi customary rights group won a court case, granting the Yindjibarndi people exclusive rights to the land that includes Solomon Field. Customary rights in Australia allow indigenous groups to benefit from land.

The Australian government continues to seek to correct policies towards Aboriginal and indigenous groups. According to the findings of a federal government commission in 2024, almost all members of Australia's indigenous community live in hardship. Indigenous people are not being met in 14 of 19 measures of economic and social well-being.

In August 2024, Prime Minister Anthony Albanese admitted that governments across Australia had not done enough to improve the lives of Indigenous Australians. He also acknowledged that there had been generations of injustices against Indigenous Australians.

The injustices include the lack of recognition of Aboriginal people in the Australian Constitution. Injustices also include restrictions on access to various social and economic aspects until a few years ago.

Customary land was given by the state to various mining companies. Only in the last few years has there been a correction. In July 2024, Australia banned uranium mining in the Jabiluka Field in northern Australia. The field was included in the national park area.

The field is said to be part of the customary rights of the Mirrar people, an Aboriginal group. Archaeological finds at the mine include axes that are tens of thousands of years old.

The mining rights to the Jabiluka field are held by Energy Resources of Australia, a subsidiary of global mining giant Rio Tinto.

In 2020, Rio Tinto drew global condemnation for blowing up an archaeological site at least 40,000 years old in Western Australia's Pilbara. The site is called Juukan Gorge.

The blasts are seen as one of Australia's biggest failures in protecting cultural heritage, but they have also forced Australia to reform its policies toward the country's indigenous people. (AFP/AP/REUTERS)