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Ben Smee: Native title system 'embeds racism', Australia's first Indigenous silk says | Australia news | The Guardian

6.8.18

Native title system 'embeds racism', Australia's first Indigenous silk says | Australia news | The Guardian: If traditional owners cannot come to an agreement with a mining company about a proposal, it goes before the national native title tribunal. Traditional owners can demand compensation or royalties during negotiations, but these cannot be awarded by the tribunal. McAvoy said the tribunal, which must apply the native title act, only rarely rejects applications for mining leases.

“What this means is if we object to a mine under the native title process, it’s very likely to go ahead and the normal benefits we might be able to negotiate, which include royalties, which include substantial compensation, well we can’t get those if we don’t agree,” he said.

“Therefore the system, the native tile system ... coerces Aboriginal people into an agreement. It’s going to happen anyway. If we don’t agree, the native title tribunal will let it go through, and we will lose our land and won’t be compensated either. That’s the position we’re in.”

McAvoy said the system “embeds racism” and is inconsistent with the United Nations declaration on the rights of indigenous peoples, which demands land not be dispossessed with “free, prior and informed consent”.


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