Ruling backs Australian natives on 鈥榮piritual loss鈥
Print Edition
Australia鈥檚 High Court yesterday ruled that Aboriginal owners stripped of land rights should be compensated for 鈥渟piritual harm,鈥 in a landmark ruling that could spark a slew of cases countrywide.
The court ruled that the Ngaliwurru and Nungali peoples in the Northern Territory were entitled to compensation for being disconnected from their lands by the government.
Portions of the land in the isolated northern town of Timber Creek were used by the state government to build infrastructure, impinging, the court said, on 鈥渘ative title鈥 rights and interests.
The court upheld a ruling that the group was entitled to compensation not only for the value of the land and lost interest, but 鈥渃ompensation for cultural loss.鈥 The government had claimed the award for cultural loss was 鈥渕anifestly excessive.鈥
Awarding A$1.3 million (US$920,000) for 鈥渃ultural loss,鈥 the court said it assessed the groups鈥 鈥渟piritual relationship鈥 with the land and 鈥渟piritual hurt.鈥
The court indicated that the compensation could vary according to the identity of the native title holders and their connection with the land or waters. Ahead of the ruling, legal experts said it would have 鈥渉uge implications鈥 for indigenous peoples.
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