White paper has the potential to improve indigenous lives

The Northern Australia white paper has the potential to be transformative in improving the lives of Aboriginal and Torres Strait Islander peoples if it increases the respect and value of their property rights and their right to development.

The white paper, released just over a week ago, focuses on working with Aboriginal and Torres Strait Islander peoples, who own more than 31 per cent of the north under native title. Many indigenous Australians are quite open to economic development. It is well understood industries such as mining, agriculture and tourism are central to addressing economic and social progress and closing the gap of disadvantage.

The white paper clearly states development “will be done in full partnership with indigenous Australians, with a focus on creating opportunities through education, job-creation and economic development”.

Indigenous Australians just want to be involved, have their property rights respected, consent to activity on their land and waters and secure a fair and equitable share of any gains. The process from the white paper provides the opportunity to create the necessary partnerships between indigenous Australians, government and industry.

Fortunately, the interests of industry parallel those of indigenous Australians. Industry needs certainty in decision-making and contractual arrangements to make investment decisions. That occurs by respecting the property rights of title holders.

As the mining and agriculture sectors discovered immediately post-Mabo, indifference to the property rights of indigenous Australians simply leads to conflict and prolonged investment timeframes. The progressively more respectful approach of engagement between industry and indigenous people has led to long-term, stable and co-operative arrangements.

Last month, the Australian Human Rights Commission convened a historic meeting in Broome that brought together many Aboriginal and Torres Strait Islander leaders to discuss the challenges facing the economic development of the “Indigenous Estate” (Aboriginal owned or controlled land).

Those leaders agreed to a communique that identified the need for reforms to make land work for communities, ensure proper governance, access finance and use any compensation for lost title to advance economic development. The white paper identifies similar challenges, including “making it easier to use natural assets ... [with] the support of indigenous communities”, “a more welcoming investment environment”, “investing in infrastructure”, “reduc[ing] barriers to employing people” and “improving governance”.

The AHRC is developing a strategy to turn these principles into action. But realising indigenous Australia’s right to development requires recognising they are, in many cases, starting nearly 200 years behind. Since European settlement indigenous Australians have been denied their lands, and the opportunity to develop them.

As a consequence, they have not been able to convert their land into capital and revenue streams. Yet when seeking to develop it they face 21st century tax and regulatory cost burdens as though they had an equal opportunity as all other Australians.

Promoting a right to development necessitates streamlining or removing red and green tape that stifles indigenous development. If standards can be established that enjoy the consent of indigenous Australians to remove regulation in the north, the same principles should be applied to their lands nationwide.

Mick Gooda is the Aboriginal and Torres Strait Islander Social Justice Commissioner. Tim Wilson is Australia’s Human Rights Commissioner.