Resource Rights - 10 Apr 2008

PODCAST AVAILABLE

Argument Summary by Sango Mahanty

Jon Altman’s argument
John Burton’s argument
Jessica Weir’s argument

The RMAP Blog discussion on Indigenous Resource Rights has been initiated with panel perspectives from Jon Altman, John Burton and Jessica Weir.

Other posts:
Yesterday’s RMAP Argument and Sustainable Development by Matthew Allen
RMAP Argument on Indigenous resource rights by Sango Mahanty
RMAP Argument on Indigenous Resource Rights - Thursday 10 April by Sango Mahanty
Public comment and discussion on the blog is welcomed.

Panel

Prof Jon Altman, CAEPR, ANU
Dr John Burton, RMAP, ANU
Jess Weir, Native Title Research Unit, AIATSIS

Moderator
Dr Sango Mahanty, RMAP, ANU

Debate: Indigenous Resource Rights: Are secure resource rights the key ingredient for indigenous groups to benefit from resource related development?
Thursday 10 April 2008, 4.30-6.00pm, Sparke Helmore Theatre 2, ANU.

Securing recognition of territorial rights is central to discourses on indigenous peoples. This emphasis is driven by concerns ranging from identity and cultural connection to place, to promoting opportunities for communities to benefit from resource exploitation. The last of these issues, the role of secure territorial rights in enabling indigenous communities to benefit from resource exploitation, is the chief concern of this argument.

Legal and policy frameworks such as Land Rights legislation and the Native Title Act in Australia, Ancestral Domain legislation in the Philippines, and constitutional recognition of customary land ownership in the PNG assign different bundles of rights to indigenous groups. These range from ownership, through to recognition of indigenous rights amongst other overlapping rights and claims, with a requirement for these to be negotiated between the various players involved.

Observers have noted, however, that secure resource rights can come at a price. Navigating these imposed and knotty legal frameworks can be beyond the reach of indigenous groups. The complexity and flexibility of relationships to place may be lost in translation while meeting the requirements of legal mechanisms, with significant social and economic implications. There is significant potential for conflict within and between groups arising from these preceding issues.Furthermore, other policy and legal constraints may limit the extent of benefits actually reaching indigenous groups.

The panel will speak to the question of whether secure resource rights are the key ingredient in gaining an equitable return for indigenous peoples from resource-related development activities, drawing on experiences from PNG, Australia and elsewhere.

Panel Biographical Information