Commercial Negotiation with Indigenous peoples: Setting the Table for the Future Craig Jones Principal Adviser - Indigenous Affairs, Santos Doctoral Candidate Aboriginal Environments Research Centre, UQ
Commercial Negotiation with Indigenous peoples – 28 November 2006 n n Introduction Background Negotiation technique and strategy Conclusion
Commercial Negotiation with Indigenous peoples – 28 November 2006 n n n Why should negotiation with Indigenous peoples be important for Industry now? Increased production related to supplying energy needs in Australia Increased production related to suppling China with resources Green House Increasing competition between companies
Commercial Negotiation with Indigenous peoples – 28 November 2006 n Cultural Heritage n n Law in all States and a law of the Commonwealth Independent of tenure and to some extent native title
Commercial Negotiation with Indigenous peoples – 28 November 2006 n Native Title n n n Most of continent is sparsely populated and has always been so Native title not extinguished over most of continent (at least 75%) Most native title claims unresolved Many areas unclaimed ILUAs
Commercial Negotiation with Indigenous peoples – 28 November 2006 n n New pressures Change in approach to Indigenous policy Increase demand for labour Incorporation of social relations or community relations into the concept of sustainability
Commercial Negotiation with Indigenous peoples – 28 November 2006 n n n Why negotiation? Only realistic and pragmatic response. Real question concerns risk management in areas where social factors are significant. The native title claims process provides someone definitive to negotiate with either as registered claimant or as determined native title holder ILUAs provide a tool to combine different outcomes such as cultural heritage and native title
Commercial Negotiation with Indigenous peoples – 28 November 2006 n n n n n People One problem has been difference in power – company versus community Addressed by relationships with people around the table Authority to act within know parameters Limited changes to negotiation group Engagement beyond the table Smoko Negotiation as if more than one iteration Listening to one another (history and commercial reality) Lawyer role management
Commercial Negotiation with Indigenous peoples – 28 November 2006 n n n n Consistency? Transparency Engagement across multiple groups Throwing the divide a conquer rule out the window Incorporating government initiatives Global consistence vs local detail Negotiate as if more than one iteration
Commercial Negotiation with Indigenous peoples – 28 November 2006 n n Structure Process – Id parties, Id issues, Id solutions, Test solutions, plan implementation, check back Structure according to clear headings – compensation, cultural heritage, employment, business opportunity, equity Local details as innovation/creativity
Commercial Negotiation with Indigenous peoples – 28 November 2006 n n n Conclusion Risk management approach Zero risk approach not appropriate Social/political risk is manageable and quantifiable using the techniques above (likelihood vs consequence) Agreements represent a significant innovation in Industry with a view to increasing sustainability and profitability.
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