Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders
D H d D id S ithDr Howard David SmithNorthern Land Council
Welcome to the 21st CenturyWelcome to the 21st Century…………..
It is a sad reflection thats s d e ec odespite being the originalinhabitants and ownersof a country containingvast mineral wealth,many of Australia’smany of Australia sindigenous people stillrank amongst the poorestg pin the world.In a world that nowpreaches a doctrine ofsustainability andintergenerational equityintergenerational equity,this must change.
Welcome to the 21st CenturyWelcome to the 21st Century…………..
Following the Australian Government’sFollowing the Australian Government sdeclaration of it’s intent to close thegap in social conditions betweeng pAustralia’s indigenous and non-indigenous people, pressure is being
ili d i d fput to utilise money derived frommining to achieve this goal.
This means that models of negotiationwith indigenous people that are farg p psuperior to those historically used willbe required.
In the 21st century, negotiation should be a process of fusion………………
…..but even now, like anything, it can quickly get out of control if we don’t get it right.
If you do not negotiate carefully, the process becomes more like fission………………
…..with chain reactions that have consequences well into the future.
There is a lot of energy involved and evolved during negotiations ………………
…..and the challenge is to control this energy so that there is forward momentum for all parties concerned.
Role of the Land Councils
• The Land Councils in the Northern Territory have two
Role of the Land Councils
• The Land Councils in the Northern Territory have twoimportant roles with respect to mining:
• Statutory bodies created by the Australian FederalGovernment to administer areas of Freehold land grantedto Aboriginal people under the Aboriginal Land Rightsg p p g gAct (Northern Territory) 1976.
• Statutory bodies created by the Australian Federaly yGovernment to represent Aboriginal people of theNorthern Territory affected by the Native Title Act 1991.
• We negotiate with indigenous people all the time and arehere to help with the process.p p
Some important things to consider when engaging indigenous people
1. If you want to succeed with your negotiations, youmust have something of value to offer.must have something of value to offer.
• In the Northern Territory there are two important andvastly different types of indigenous rights you must dealwith – Freehold and Native Title.
.• Indigenous people are far more sophisticated and
knowledgeable about Western Law and systems than youmight think.
.
Some important things to considerSome important things to consider
2. If you don’t understand your stakeholders, yournegotiations will miss the mark.
• Indigenous people have a different world view toEuropeans (and mining executives).Europeans (and mining executives).
• Indigenous people are often subjected to stereotyping,but there is considerable variation in wants, needs andaspirations between groups.
Dealing with other world viewsDealing with other world views
Traditional Ecological Western Science Fusion of two knowledgeKnowledge
AlternativesProposed Criteria
Fusion of two knowledgesystems is no trivial matter.
AlternativesProposed Criteria
Need to consider a number ofaspects:
Is it technically feasible?
YES
NOaspects:
• Cultural• Socio-economic
i i lIs it culturally acceptable?
YES
NO • Spiritual.
Is it economically viable?
YES
NO This provides an example ofnegotiating over mine siteclosure criteria.
Process Ends
YES closure criteria.
Some important things to consider when engaging indigenous people
2. Indigenous group dynamics are important to thedecision making process.g p
• Decisions are not made by a single person – aconsensus is normally soughtconsensus is normally sought.
• Informed decisions and outcomes may requireconsiderable time to achieve.
.• Respect is paramount – the people with whom you• Respect is paramount – the people with whom you
are dealing represent a ‘board of directors’....
A model for indigenous engagementA model for indigenous engagement
Traditional Owners
This model demonstrates the
Liaison Committee
This model demonstrates thedynamics of how a group ofindigenous people have
YES
engaged statutory bodies andthe mining company indevelopment of closureAre closure
criteria agreed?
NO
development of closurecriteria.
Liaison CommitteeNLC and Mining Company
Input
Traditional Owners
Output
Process Ends
Lets get creative !Current Situation
No significant involvement in mining projects in the Northern
T it
Positives
• Control over access to some areas of land.
Roadblocks • Lack of technical expertise • Lack of capital • Internal conflicts Lets get creative !Territory.
• Proven sustainable land
management practices. • Intimate knowledge of the land
• Internal conflicts• Different environmental views
This roadmap is drawn
Mining Services Contract Company
Actions • Capacity building.
from discussions withsenior traditional owners.
A company to provide services (e.g. contract drilling) and equipment
hire to exiting mining companies.
p y g• Procurement of equipment • Development of culturally
appropriate work systems.
It reflects their hopes andaspirations for their future
ti
Extractives Production Company
Actions • Capacity building
generations .
It goes beyond whati i iCo p y
A company that can produce and market certain extractives (e.g.
limestone or gravel).
• Capacity building.• Procurement of capital • Development of culturally
appropriate mining systems.
mining companies arenormally prepared to do.
Mining Company Actions
It will succeed only if ithas the support of miningcompanies andA company that can mine, refine
and market commodity minerals (e.g. manganese or gold).
• Capacity building.• Procurement of market capital • Development of culturally
appropriate mining systems.
companies andGovernment.
A fairer slice of the pieA fairer slice of the pie…………..
• Indigenous people seek true equityin mining projects on their land.
• The Government seeks a better dealfor indigenous people.
• Indigenous people, the Governmentand mining companies all recognisethe need for a sustainable future.
• Let’s use this common ground to bringLet s use this common ground to bringabout change to the way negotiatingwith indigenous people is approached.
Thank you for listeningThank you for listening
• The Northern Land Council and its indigenous constituents seek tomaintain a best practice approach and a doctrine of continuousimprovement in its dealings with the mining industry.
• We have begun to put in place a long process of raising the profile ofindigenous people and what they have to offer to the mining industry, ourcommon environmental heritage and to our hopes for a sustainable future.
• Our work extends to the roles that indigenous people can play inenvironmental assessments, environmental management, mine closure andlong-term stewardship of the post mining environment.
Further information can be obtained from the presenter through the Northern Land Council in Darwin or via [email protected]