Nulyarimma v Thompson
| Nulyarimma v Thompson | |
|---|---|
 |
|
| Court | Federal Court of Australia |
| Full case name | Wadjularbinna Nulyarimma & Ors v Phillip Thompson; Buzzacott & Ors v Minister for the Environment |
| Decided | 2 September 1999 |
| Citation(s) | (1999) 96 FCR 153; (1999) 165 ALR 621; [1999] FCA 1192 |
| Case history | |
| Prior action(s) | Buzzacott v Hill [1999] FCA 639 and Re Thompson; ex parte Nulyarimma (1999) 136 ACTR 9 |
| Subsequent action(s) | none |
| Case opinions | |
| (2:1) genocide is not incorporated into the Australian common law (per Wilcox and Whitlam JJ) | |
| Court membership | |
| Judge(s) sitting | Wilcox, Whitlam and Merkel JJ |
Nulyarimma v Thompson was an Australian court case decided by the Federal Court of Australia. Two separate cases, Nulyarimma v Thompson and Buzzacott v Minister for the Environment were heard in conjunction. In both cases, members of the Aboriginal community alleged that certain members of the Australian Parliament and government ministers had committed genocide. The case was decided in favour of the Government.
In 1997, the Coalition party proposed a “ten point plan” to reform the operation of native title in Australia. The plan eventually became the Native Title Amendment 1998. The appellants claimed that the consequences of the “ten point plan” amounted to genocide as it severely restricted and disadvantaged Indigenous Australians' land ownership, livelihood and mental health.
In April 1999, the Minister for Foreign Affairs, Alexander Downer, and the Minister for the Environment, Robert Hill, formally refused to pursue the World Heritage listing of Lake Eyre, instead allowing a mining company, BHP Billiton to commence mining operations. The appellant, Kevin Buzzacott, claimed that Downer's failure to pursue World Heritage listing amounted to genocide against his people.
Julian Burnside QC and S Senathiraja argued for the appellants that genocide is a part of customary international law, and that even without legislation criminalising genocide within Australia, Australian courts can try individuals accused of genocide. The “ten point plan” constituted genocide because it was a deliberate attempt to destroy the Aboriginal race. The appellants, particularly Ms Nulyarimma, gave evidence to the Court of attempted genocide. Further, Burnside QC argued that the respondent’s failure to pursue the World Heritage listing of Lake Eyre amounted to genocide as BHP's mining operations threatened the flora, fauna and livelihood of his people by allegedly draining the Lake.
...
Wikipedia