To work with
Indigenous parties to agreements to assist with applications for funding that leverage economic development projects and opportunities, and coordinate appropriate training and development to support economic development and the full implementation of agreements.
Indigenous parties to agreements must have access to the necessary expertise to negotiate the best agreement possible.
Two short anecdotes will, I think, begin to describe the attitude of the Government of Canada and the gap between Canada and
Indigenous parties to these agreements.
Not exact matches
While at this point there is not yet a crystal clear general legal requirement in Canadian law
to consult with
Indigenous peoples on the negotiation and ratification of international treaties, a number of «modern'treaties, called comprehensive land claims settlements, include explicit obligations on Canada
to consult with the
Indigenous party in advance of new international treaties that might affect rights under these
agreements.
What is significant in terms of Australia's international obligations is whether the bargaining power of
Indigenous parties to a native title
agreement is equal
to that of non-
Indigenous parties.
The five - year
Agreement commits both
parties»
to achieving better outcomes for
Indigenous people in the Northern Territory.
The Western Australian Aboriginal Native Title Working Group (WAANTWG) has proposed that
Indigenous parties provide a negotiation report rather than a connection report
to clarify issues among relevant
Indigenous groups in relation
to what interests should be addressed in framework
agreements and resulting negotiations.
This chapter focuses on framework
agreements as an opportunity for both
Indigenous and non-
Indigenous parties to settle upon a set of standards for the co-existence of their interests in land.
Indigenous Land Use
Agreements (ILUAs), which were another product of the 1998 amendments, also provide native title
parties with the power
to engage in negotiations about things on land.
One option would be for a new National
Indigenous Representative Body
to become a
party to such
agreements as trilateral
agreements, appropriately renegotiated.
Such
agreements can cover a wide range of situations: from negotiation protocols between two
parties to an
agreement between conservation groups, pastoralists, the government and
Indigenous people.
As a result of these studies the Commissioner was of the view that it would be productive
to shift some of the focus of the native title debate from lobbying for change in the legislation,
to protecting the human rights of
Indigenous people at the level of actual
agreements between native title
parties and the mining and resource industries.
[7] Where the NTA permits the non-
Indigenous party to proceed with the proposed act without notifying or consulting
Indigenous parties, native title
parties have no real bargaining power in the
agreement - making process.
As I have indicated framework
agreements provide an opportunity
to both
Indigenous and non-
Indigenous parties to settle upon a set of standards for the co-existence of their interests in land.
The Native Title Act creates the procedures for
parties to reach an
Indigenous Land Use
Agreement (ILUA), which is an agreement between a native title group and others about the use and management of land an
Agreement (ILUA), which is an
agreement between a native title group and others about the use and management of land an
agreement between a native title group and others about the use and management of land and waters.
a person who is (or intends
to become a
party)
to an
Indigenous land use
agreement (ILUA) or an
agreement about certain rights, or who is in dispute about those rights (Section 183 (2)-RRB-;
If, as it appears, governments are able
to renege on these important
agreements without liability then
Indigenous parties need
to seek further protection of their rights outside of the
agreement.
Commercial
agreements negotiated by
Indigenous parties in the resource sector, state and regional - framework
agreements relating
to service delivery and a comprehensive
agreement making approach negotiated as a result of rights, conferred by the beneficial effect of Mabo and subsequently the NTA, are increasingly important in the political and legal landscape of
agreement making in Australia.
Native title
agreements provide an opportunity
to governments and other
parties to deal with
Indigenous people on the basis of the recognition of this unique identity.
Indigenous Land Use
Agreements (ILUAs) are already available
to parties to negotiate the building of houses, and other essential services, for
Indigenous communities.
These treaties and mechanisms provide guidance
to the practical nature of consultations with
Indigenous peoples, including that they are
to be held in good faith, with the objective of achieving
agreement or consent between the
parties.
There has been a longstanding need for clear
agreement among the states and the federal government about their respective responsibilities
to Indigenous peoples, how they will act
to meet these responsibilities and the resources
to be committed by all
parties.
A concept which appears
to be given general support from government, industry and
Indigenous parties alike, is the benefit of negotiating native title, its recognition and its relationship
to other interests on the land, through
agreement rather than litigation.
... at the outset of any native title
agreement - making process, there is a need for the negotiation of an agreed decision - making and dispute management framework amongst the
Indigenous parties as a prerequisite
to the successful implementation and sustainability of
agreements.
Some mechanisms such as consent determinations and
Indigenous Land Use
Agreements (ILUAs) already exist, but their use as tools for recognition could be promoted and made more attractive and accessible
to the
parties.
As native title
agreements are confidential contracts between two private
parties,
Indigenous peoples have the same rights as private
parties to non-native title
agreements to have the confidentiality of their
agreements protected.
Under the native title regime for example, traditional owners can be
parties to Indigenous Land Use
Agreements.
In
Indigenous agreement making, Traditional Owner groups must agree
to the facilitators and may select a facilitator known
to and respected by the
parties.
The NSW Government supports the use of the
Indigenous Land Use
Agreements (ILUA's)
to provide a flexible and cooperative means of resolving native title issues
to achieve fair and equitable outcomes for all
parties.
However, even where framework
agreements based on human rights principles are a preferred option, the failure of the legal system
to provide mechanisms for
Indigenous parties to enforce them requires a political solution.
The Government is considering amending the Native Title Act
to include a specific future act process
to ensure that public housing and infrastructure in remote
Indigenous communities can be built expeditiously following consultation with native title
parties but without the need for an
Indigenous Land Use
Agreement (ILUA).