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Settling with Indigenous People

Modern treaty and agreement-making

Editor

, , , ,

ISBN

9781862876187

Publication Date

18/12/2006

Format

Paperback

Page Extent

320

AUD $66.00 gst included

SKU: 9781862876187 Categories: , Tag:

Settling with Indigenous People describes the making of ten contemporary, mostly Australian, local and regional agreements and details the avenues through which such agreements can be implemented and sustained.

The Australian regional agreements concern South West Australia, the Murray-Darling Basin, and Cape York. There is a chapter about the return of the Maralinga lands to its traditional owners and one detailing two local government agreements in central and southwest Australia. Urban agreements in Darwin and Vancouver are compared and there are also chapters on the North West Territories and Northern Quebec in Canada and the Ngai Tahu in the South Island of New Zealand.

The discussion addresses:


  • governance and leadership
  • negotiation strategies, including the role of formal negotiating frameworks
  • the importance of process and outcome
  • the crucial impact of politics and timing
  • the significance of private sector engagement
  • implementation mechanisms

The chapters show how agreement-making has provided a forum in which indigenous groups can negotiate their needs and aspirations, including fundamental issues of recognition, inclusion and economic opportunity.

The authors include indigenous and non-indigenous academics, and others who have been involved in negotiating agreements.

Sharing Land and Resources: Modern Agreements and Treaties with Indigenous People in Settler States
Maureen Tehan, Lisa Palmer, Marcia Langton and Odette Mazel
Shared Citizenship and Self-Government in Canada: A Case Study of James Bay and Nunavik (Northern Quebec)
Lisa Palmer and Maureen Tehan
Keeping the Fires Burning: Grievance and Aspiration in the Ngai Tahu Settlement
Sir Tipene O’Regan, Lisa Palmer and Marcia Langton
‘Anchored to the Land’: Asserting and Recognising Aboriginal Jurisdiction in the Northwest Territories
Lisa Palmer and Maureen Tehan
Implementing and Monitoring Indigenous Land Use Agreements in the Minerals Industry: The Western Cape Communities Co-existence Agreement
Peter Crooke, Bruce Harvey and Marcia Langton
Planning for Agreement in Cape York Peninsula: The Pastoral Properties Planning Project
Diane Hafner, David Epworth and Matt Salmon
Authority, Knowledge and Values: Indigenous Nations Engagement in the Management of Natural Resources in the Murray-Darling Basin
Monica Morgan, Lisa Strelein and Jessica Weir
Returning Parna Wiru: Restitution of the Maralinga Lands to Traditional Owners in South Australia
Odette Mazel
Agreement-Making in the Local Context: Case Studies from Regional Australia
Kathryn Shain, William Genat and Ed Wensing
Settling Native Title: Pursuing a Comprehensive Regional Agreement in South West Australia
Stuart Bradfield
From Remnant Lands to Sustainable Communities: Negotiating Spaces for Indigenous Land and Jurisdiction in Darwin and Vancouver
Lisa Palmer and Maureen Tehan

But for what it sets out to do – to provide insights into the negotiating process and reveal the capacity of Indigenous people to reach workable outcomes – it does well. It is a valuable contribution to Indigenous legal scholarship, which can tend to focus on the formal avenues at the expense of informal strategies for just outcomes.

Public Space: The Journal of Law and Social Justice, June 2008