Some of the major challenges faced by Traditional Owners trying to build a better economic future arise from the power imbalance between Traditional Owners and development proponents. As the majority report notes, this can be redressed through better resourcing and strengthened institutional capacity. However, it does not stop there.
There is a critical link between economic development and the protection of First Nations cultural heritage which is being undermined and exploited by development proponents.
The consultation process undertaken between Traditional Owners and development proponents is often, if not always, inadequate. As noted in A Way Forward: Final report into the destruction of Indigenous heritage sites at Juukan Gorge, Traditional Owners on affected Country frequently state that they were not properly consulted during negotiations with proponents and/or consent from them sought. Consultation does not equal consent.
When negotiating agreements, proponents often only engage with PBCs, NTRBs or Land Councils. It is important to note these bodies often do not represent all Traditional Owners of the affected Country, and do not even necessarily always represent the views of their own communities. Land Councils also face potential conflicts of interest when negotiating agreements where they depend on the royalties for their own continued existence.
While the Australian Greens support Recommendation 1, it needs to go further and also include increased funding for Traditional Owner groups that have not yet gained Native Title or are not represented by PBCs. In addition, PBCs and NTRBs decision-making processes should be based on the principle of Free, Prior and Informed Consent with Traditional Owners.
The principle Free, Prior and Informed Consent is not embedded in legislative frameworks that support Traditional Owners to engage in economic development. It is critical that Australian governments on all levels develop a nationally consistent approach for obtaining Free, Prior and Informed Consent from Traditional Owners and Native Title holders in relation to activity proposals on Country, through a process led by First Nations people.
True Free, Prior and Informed Consent includes the possibility for consent not to be provided. The Australian Greens strongly believe Traditional Owners should have the right to veto acts and developments on Country.
Finally, the Australian Greens request that Australian governments on all levels fully implement the United Nations Declaration on the Rights for Indigenous Peoples.