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In this podcast series, Maratja Dhamarrandji and Richard Trudgen discuss who are considered the traditional owners of the land, but how there is a communication breakdown because most Yolngu do not understand the meaning of the English words ‘traditional’ or ‘landowner’.
Podcast 52. Richard Trudgen and Maratja Dhamarrandji discuss how Yolŋu are often kept in the dark and not given enough information.
Rev. Djiniyini Gondarra OAM tells Richard Trudgen about the time he surprised one hundred judges about how structured Yolŋu law is. They discuss how recognising and going back to Yolŋu common law would help everybody.
Rev. Dr. Djiniyini Gondarra OAM and Richard Trudgen discuss the third Makarrata mediation process. This is a legal mediation process carried out when a treaty has been broken between two corporate clan groups. It is a process for dispute resolution around economic issues of trade, land or shared assets, rather than smaller family disputes.
Podcast No.53 Nikunu Yunupingu and Richard Trudgen discuss the difference between Native Title and Land Rights Act, these English words are very confusing to most Yolŋu people.
Rev. Dr. Djiniyini Gondarra OAM discusses with Richard Trudgen about the Adjustment Movement on Elcho Island, back in 1957, and how is affecting Yolngu people now.
Maratja Dhamarrandji and Richard Trudgen discuss the ongoing confusion about who the real landowners are, and who are the TOs, as the Lands Council calls them, or the ‘Traditional Owners’. One of the big problems is mainstream Australians (Balanda) think Yolŋu law is just some little thing, rather than a very complex legal system full of its own witnesses, evidences and checks and balances. Even anthropologists, and some Yolŋu people themselves, do not understand the complexities of Yolŋu law, so they ask Balanda lawyers from Canberra, Sydney, Melbourne etc., to tell them who the traditional landowners are.
Podcast No.54 Nikunu Yunupingu and Richard Trudgen work through the meaning of Tribunal, (referring to the National Native Title Tribunal), and how this affects the community.
Rev. Dr. Djiniyini Gondarra OAM and Richard Trudgen continue to discuss the 1957 Adjustment movement on Elcho Island and how we can change it around now.
Maratja Dhamarrandji and Richard Trudgen talk about how Yolŋu people have lost their humanity, their respect for the law and for each other that used to be there when Yolŋu leaders applied the original Australian law. Richard talks about how only a few decades ago, Arnhem Land communities were among the safest in Australia. Now, with the loss of culture, identity and leadership, Yolŋu people are attacking each other, youths join gangs and there is more domestic violence and lawlessness than ever before.
Podcast 56. Nikunu Yunupingu and Richard Trudgen have a conversation around what is anthropology and who are anthropologists. This soon raised other questions about law and lore.
Maratja Dhamarrandji continues to question what is evidence from a Balanda law perspective. And shows Richard the checks and balances that already exist in Yolngu law.
Maratja Dhamarrandji and Richard Trudgen discuss how Yolŋu are legally ‘restrained’ or protected under their system of Madayin rom, Yolŋu law. They discuss the stages in which Yolŋu learn about the law through initiation processes and discipline of their mind, body and soul, that continues right through their lives, starting from when they are very small children.
Podcast No. 55 Nikunu Yunupingu & Richard Trudgen explore the meaning of the words “native” and “title".
Rev. Dr. Djiniyini Gondarra OAM and Richard Trudgen discuss customary law, democracy and dictatorship and how these apply to both Balanda and Yolngu systems of law.