Reconciliation and Social Justice Library
Reconciliation and Social Justice Library
Some general conclusions may usefully be gleaned. In every overseas case an active role by a national government has been required to prevent Indigenous dispossession and to break the stalemate brought by regional, territorial, state, or provincial authorities.
The establishment of appropriate and just negotiating processes, with adequate resources and expertise available to the Indigenous side, is an obvious lesson. However, the most fundamental issue is that governments recognise Indigenous peoples as distinct and equal communities with whom they engage in political negotiation, not groups of disadvantaged persons who are patronised by welfare-type administration. The terrible bureaucratic instinct for control must be modified by the politicians' higher aspiration to negotiate with equals.
Another important lesson from both overseas and local agreements is that the regional agreements should provide the basis for on-going negotiation of management arrangements, rather than being locked into an unworkable rigid framework.
It appears that the following factors have faciliated effective negotiation from an Indigenous perspective.
· Willingness : negotiation involves compromise. Negotiations must be bona fide, with the participating parties genuinely committed to settling outstanding grievances and claims.
· Timing : comprehensive regional agreements cannot be negotiated quickly. They must allow for Indigenous time frames. The negotiating parties must be patient and adopt a long term policy focus.
· Communication : the cultural differences between Indigenous and non-Indigenous society can make it very difficult for the parties to understand each others' values and needs. Consequently, negotiation must be buttressed by a program of education and information so as to bridge different negotiating positions.
· Information and research : disagreements over use of Indigenous peoples' land are more likely to be resolved where there is a good information base about the issues in contention. Environmental, social and economic studies can help to identify the major issues and allow participants to evaluate the merits of the various options under negotiations.
· Bargaining power : to ensure a fair settlement, Indigenous people must be able to speak from a position of strength. Indigenous peoples need access to expert advice and financial resources to enhance their capacity to negotiate fair settlements.
· Unity : parties to negotiations must be legitimate and effective representatives of their constituencies. Indigenous representation must always be determined by Indigenous communities and their organisations. Negotiations are frustrated where a party is factionalised and does not speak with one voice, and there will be difficulties in implementing any final settlement where a sub-group feels that it was marginalised in negotiations.
· Geopolitical realities : claimants are less likely to receive a favourable settlement where provincial (state) governments are involved or there are competing non-Indigenous developmental interests at stake.
· Experience with settlement and development : the degree of existing poverty and despair among the claimants and the relative urgency of development pressures will shape what compromises are necessary or acceptable to them.
· Knowledge of existing models and precedents : the demonstration effect of other agreements can influence negotiating positions.
· Public attitudes : public support for claims, either locally or nationally, can lead to significant strategic alliances.