30 May 2003
A new approach to development on Indigenous land
A handbook to assist Indigenous communities in negotiations with resource development companies was launched today at the Human Rights and Equal Opportunity Commission. The handbook, Development and Indigenous land: a human rights approach is a joint publication of Dr Bill Jonas, Aboriginal and Torres Strait Islander Social Justice Commissioner, and Griffith University.
"Existing legislative approaches to negotiations, such as the current native title framework, are not delivering for Indigenous communities, for the environment or, in the longer term, for industry," said Dr Jonas
"The principles in this handbook provide Indigenous communities with a broader approach to bring to the negotiating table - one that involves the recognition of human rights and strives towards sustainable development."
A study of negotiated agreements between Indigenous communities and resource developers conducted by Griffith University showed that some companies were moving beyond basic legal requirements to embrace principles of corporate responsibility and sustainable development. However many are still failing to do so.
"Some business leaders realise that their shareholders want to see more than just returns on the financial bottom line - they also want them to address environmental and social issues in the areas they work," said Professor Ciaran O'Faircheallaigh of Griffith University.
"When Indigenous communities and resource developers can negotiate in good faith and work towards agreed priorities, then all parties can share in the benefits of development. The principles are important because at the moment this is happening in some cases but not in others."
The principles included in Development and Indigenous land: a human rights approach were drawn up during an intensive three-day forum in Alice Springs last year, which brought together Indigenous communities from Australia's major mineral resource regions. Mining industry companies and non-government organisations were also invited to attend the forum.
The publication addresses issues such as:
- effective Indigenous participation in project development
- protection of cultural heritage
- Indigenous involvement in environmental management
- cross cultural training and
- the need for developers to respect Indigenous decision-making processes.
Recognition of and respect for the rights of Indigenous communities are the core values which underpin these principles.
"Whilst some of these principles might seem intangible, they have the potential to deliver very practical and material benefits," said Dr Jonas.
For copies of Development and Indigenous Land: A Human Rights Approach, contact the Commission's Publications Officer on (02) 9284 9600 or via email at publications@humanrights.gov.au
The principles are available on the Commission's website at: www.humanrights.gov.au/social_justice/corporateresponsibility/development.html.
Media enquiries:
Last updated 30 May 2003.Jan Payne, HREOC Public Affairs,
(02) 9284 9791Professor Ciaran O'Faircheallaigh, Griffith University
(07) 3875 7736
