14 November 2001
Mr Bren Sheehy
Regional Coordinator, MMSD
Australian Minerals & Energy Environment Foundation
c/- Swinburne University
144 High Street
PRAHRAN VIC 3181
Dear Sir
Submissions to Mining Minerals and Sustainable Development project
Thank you for the invitation to the recent Mining, Minerals and Sustainable Development (MMSD) Brisbane conference entitled Engaging stakeholders - improving industry performance. Unfortunately I was unable to join the conference but John Southalan, a senior policy officer from the Commission, attended on my behalf. I have now had the opportunity to consider the MMSD project and the papers presented at the Brisbane conference, and wish to provide some comments for the MMSD project in Australia.
I commend the MMSD (Australia) project, with its acknowledgement of a 'transition to sustainable development', recognising that past practices are not sustainable and need to be changed. I am pleased to read that AMEEF, in managing the Australian part of the global MMSD project, aims to build understanding and trust between the mining industry and those affected by its operations, and to develop a shared vision for future development of minerals in Australia. These aims emphasise the importance of improving the relationship between miners and Indigenous communities.
I am concerned, however, that the aims outlined above are not reflected in some of the AMEEF studies. I understand that the consultants' studies will contribute toward AMEEF's final report and I therefore wish to provide some comments at this stage to enable these to be addressed in future stakeholder meetings and also any ensuing reports.
The following four points provide a summary of my concerns. The numerical references are to my more detailed comments, on the various papers and proceedings in the MMSD (Australia) project, which are enclosed with this letter.
1. Some AMEEF material does not accord with the aspirations of the MMSD world-wide project stated by its director, Luke Danielson, that 'MMSD aims to highlight best practice and propose a broadly accepted global framework to the sector which will raise the bar for the management of issues such as human rights...and community impact'. [1] Overall, the AMEEF material fails to adequately refer to, or even acknowledge, internationally recognised human rights principles that are fundamental to the concept of sustainable development (sections 1.1 & 2 of enclosed comments). Of most concern is the direction and proposals from the Managing Minerals Wealth area of AMEEF's work, some of which are inconsistent with the human rights of Aboriginal peoples and Torres Strait Islanders (sections 3.1 & 3.4). I also have similar concerns about the Baseline Assessment (sections 4.2 & 4.3).
2. The departure of the AMEEF proceedings from international standards on human rights is most apparent in the treatment of native title. In the AMEEF material, native title is characterised as either:
- an 'impediment' to land access for mining purposes; or
- a beneficent measure to improve the socio-economic situation of disadvantaged Aboriginal people.
Both these approaches misconstrue the reason why native title is recognised and protected (section 3.1). They ignore Indigenous peoples' rights to protection of their property and culture. Most significantly, they do not accept that native title (including legal requirements under the Native Title Act that mining activities and planning must accommodate Indigenous rights to land) is now part of the changed bottom line of sustainable mineral development that must be incorporated into management of mining practices.
3 AMEEF emphasises the importance of developing a shared vision for Australia's future mineral development. However, some AMEEF studies display a lack of understanding of the rights of the Indigenous people affected by mining development. The Baseline Assessment presents views as if all Australians hold them, even though they are contrary to the interests of Indigenous Australians. It is unlikely that any proposed vision will be shared if it is contrary to the human rights of Australia's Indigenous people.
4 Some AMEEF material places economic profitability as the paramount consideration. Such an approach is inconsistent with the achievement of a balance between economic, environmental and social considerations. Achieving this balance is fundamental to a transition to sustainable development.
The human rights of Indigenous peoples, and their relationship to sustainable mining, must be addressed in AMEEF's analysis of mining in Australia. The content and value of the MMSD (Australia) project's final report will be diminished if it contains material or recommendations that are inconsistent with Indigenous human rights.
Considerable work produced by AMEEF's consultants is consistent with, or makes reference to, human rights principles. John Rankin's paper in Brisbane addressed the increasing global discrepancies in living standards and consumption, and implications for Australian society. Other AMEEF-commissioned work, particularly in Stakeholder Engagement and Mining and Indigenous Communities, will provide useful contributions to the final report.
I consider it useful for matters to be widely discussed, assisting differing approaches to endeavour to reach a common position. Accordingly, I intend to provide copies of my letter and enclosed comments to various relevant parties, and would be grateful for your views on this.
I understand the next AMEEF stakeholder meeting is scheduled for early December in Melbourne, and later that month MMSD expects to coordinate an international Indigenous peoples' workshop to discuss the relationship between indigenous people and the mining, minerals and metals sector. The Commission would like to attend these meetings and I would be most grateful if you informed me of any relevant developments.
I also enclose, for your information and reference, recent issues of the Native Title Report. These reports, which comment on the Native Title Act and its effect on Indigenous human rights, are provided to the Commonwealth Attorney General as required under the Native Title Act. The reports provide far greater analysis of many of the matters I have only briefly mentioned in the enclosed comments.
If you have any questions regarding this matter, please contact John Southalan. John's direct telephone number is (02) 9284 9728, or you can use e-mail to <johnsouthalan@humanrights.gov.au>.
Yours faithfully
Dr William Jonas
AM
Aboriginal and Torres Strait Islander Social Justice Commissioner
1. reported at www.areaminera.com/international/inter/1.act
Last updated 12 June 2002.
