negotiating ith indigeno snegotiating with indigenous ... · negotiating ith indigeno snegotiating...

15
Negotiating ith Indigeno s Negotiating with Indigenous Stakeholders DH dD id S ith Dr Howard David Smith Northern Land Council

Upload: dinhnhu

Post on 06-Sep-2018

225 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders

D H d D id S ithDr Howard David SmithNorthern Land Council

Page 2: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

Page 3: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

Page 4: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

Page 5: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

If you do not negotiate carefully, the process becomes more like fission………………

…..with chain reactions that have consequences well into the future.

Page 6: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

Page 7: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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

Page 8: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

.

Page 9: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

Page 10: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

Page 11: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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’....

Page 12: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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

Page 13: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

Page 14: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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.

Page 15: Negotiating ith Indigeno sNegotiating with Indigenous ... · Negotiating ith Indigeno sNegotiating with Indigenous Stakeholders ... NO • Cultural • Socio-economic ii l Is it culturally

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]