Pitfalls and Pipelines - Philippine Indigenous Peoples Links

154 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries
to be an opportunity for equity in Australian society and for indigenous
peoples to benefit from the wealth of this nation.
Native title is a fundamental element of cultural obligation and identity,
it goes to the core of Aboriginal identity, and it has the potential to be
one of the key instruments of nation building. Understood rightly, native
title recognizes the distinctiveness of cultural rights and at the same
time provides indigenous peoples with opportunities to participate in the
mainstream national culture and economy.
With the endorsement of UN Declaration on the Rights of Indigenous
Peoples (UNDRIP) by the UN General Assembly, which was supported
by the Australian government in 2009, there is an opportunity for us all to
start advocating for the recognition of our rights.
Provisions within the Declaration open up opportunities for indigenous
communities to participate in negotiations that will provide economic
benefits for their communities. The original intention of the Native Title Act,
as illustrated in its preamble, had the Declaration in mind as it introduced
legislation to establish a special fund to assist people to acquire land
who would be unable to assert native title rights and interests. The Social
Justice Measures, developed in response to the Native Title Act, unite
the normative principles of indigenous people’s ability to exercise and
enjoy fundamental rights and entitlements. 44 Such rights and entitlements
include control over social, economic and political systems, land
entitlements, resources and the use of those resources. Native title, or
rights to land, is about Aboriginal people’s rights to the resources and
wealth of their own heritage and cultural values. But what about cultural
identity and indigenous peoples’ place in our nation?
We talk occasionally about changes to the preamble of the Constitution
to acknowledge and recognize us as first Australians. But it will take
more than just changes to the preamble. We need to enter into a process
with government, and also with the broader Australian public, for the
recognition of our cultural identity and our recognized place in Australian
society.
Noel Pearson also talked about this recently in an article in The
Australian newspaper. Noel said that it is critical that “indigenous rights
must be reconciled with a united, undifferentiated public citizenship of
the Commonwealth of Australia.” Article 8 of the UNDRIP states that
indigenous peoples and individuals have the right not to be subjected
to forced assimilation or destruction of their culture. Article 11 of the
Declaration further states that indigenous peoples have the right to