Pitfalls and Pipelines - Philippine Indigenous Peoples Links
Pitfalls and Pipelines - Philippine Indigenous Peoples Links Pitfalls and Pipelines - Philippine Indigenous Peoples Links
332 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries produces about 30 million carats each year from this mine, accounting for about one-quarter of the world’s natural diamond production. Argyle is also the world’s primary source of rare pink diamonds. Argyle has 800 employees, with the majority working at the mine site. It commenced mining its main ore body in 1985 and has since produced more than 600 million carats of diamonds, ranging from gem quality to near gem and industrial diamonds. In September 2004, Argyle signed a Participation Agreement with traditional owners of the Miriuwung, Gidja, Malgnin, and Woolah peoples. The Agreement was registered as an Indigenous Land Use Agreement in April 2005, which is a voluntary, formal agreement that binds all parties to particular targets and achievements. The Participation Agreement recognizes traditional owners as the landlords of the Argyle mining lease, while recognizing Argyle’s right to continue its current and future mining operations. The Agreement establishes a long-term relationship between the company and the Traditional Owners, as well as other provisions including: 1. Joint commitment to improve community and social infrastructure for Aboriginal communities in the East Kimberley region; 2. An income stream for the traditional owners, a portion of which will be allocated to fund community development initiatives; 3. Another portion of income will be placed in a Sustainability Fund to be managed by a Traditional Owners’ Trust; 4. Support and preference to be given to the employment and training of local Aboriginal people; 5. Assistance with the development of traditional owner business development for the mining sector; 6. Negotiation over land and water management over the life of the mine and rehabilitation; 7. A Site Protection Management Plan for the protection of significant Aboriginal heritage sites. Not surprisingly the Argyle Diamond agreement is held up as good practice in what can be achieved, not only under the Native Title Act, but also for mining companies to develop strong community relations through such practices as free, prior and informed consent for access to traditional lands.
Chapter 2.8: Importance of Free, Prior and Informed Consent 333 Conclusion The future challenges for indigenous communities in deciding what happens with the development of their land lies in the realm of participation, understanding and recognition, based on the UN Declaration of the Rights of Indigenous Peoples. Increasing indigenous participation in the Australian economy is a significant challenge for all of us. Clearly industry can play a key role in this regard—although we should not forget the rest of the private sector—and Australia has come a long way in the last few years. Indigenous peoples’ relationship with industry is a critical one and through negotiations such as native title agreements, communities are beginning to benefit from opportunities in employment, and in a lesser way, with enterprise development. And we need to grasp everything. We need economic development and sustainability, but, critically, we also need to assure indigenous peoples that their cultural identity is acknowledged and that indigenous cultural sustainability is important for this nation. It is imperative that traditional peoples have full recognition of their cultural rights on land, participate fully and effectively in decision making and consultation processes, and have free, prior and informed consent for all manner of projects. Endnotes 1 J. Rumbiak, 2003, “Globalization, Rights and Poverty.” A speech presented by Papuan human rights activist at Columbia University’s Center for the Study of Human Rights on 23 October. 2 C. Doyle, 2008, “Free Prior Informed Consent (FPIC) – a universal norm and framework for consultation and benefit-sharing in relation to indigenous peoples and the extractive sector.” Prepared for the OHCHR Workshop on Extractive Industries, Indigenous Peoples and Human Rights, Moscow, 3 and 4 December (updated 2012). Much of the material in this section is sourced from this excellent piece of research. See also: First Peoples Worldwide, 2012, “Indigenous Peoples Guidebook on Free, Prior, Informed Consent and Corporation Standards.” Working Draft. 3 C. Doyle, 2008, “Free Prior Informed Consent (FPIC) – a universal norm and framework for consultation and benefit-sharing in relation to indigenous peoples and the extractive sector.” Prepared for the
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332 <strong>Pitfalls</strong> <strong>and</strong> <strong>Pipelines</strong>: <strong>Indigenous</strong> <strong>Peoples</strong> <strong>and</strong> Extractive Industries<br />
produces about 30 million carats each year from this mine, accounting<br />
for about one-quarter of the world’s natural diamond production. Argyle is<br />
also the world’s primary source of rare pink diamonds.<br />
Argyle has 800 employees, with the majority working at the mine site. It<br />
commenced mining its main ore body in 1985 <strong>and</strong> has since produced<br />
more than 600 million carats of diamonds, ranging from gem quality to<br />
near gem <strong>and</strong> industrial diamonds. In September 2004, Argyle signed a<br />
Participation Agreement with traditional owners of the Miriuwung, Gidja,<br />
Malgnin, <strong>and</strong> Woolah peoples. The Agreement was registered as an<br />
<strong>Indigenous</strong> L<strong>and</strong> Use Agreement in April 2005, which is a voluntary, formal<br />
agreement that binds all parties to particular targets <strong>and</strong> achievements.<br />
The Participation Agreement recognizes traditional owners as the<br />
l<strong>and</strong>lords of the Argyle mining lease, while recognizing Argyle’s right<br />
to continue its current <strong>and</strong> future mining operations. The Agreement<br />
establishes a long-term relationship between the company <strong>and</strong> the<br />
Traditional Owners, as well as other provisions including:<br />
1. Joint commitment to improve community <strong>and</strong> social infrastructure for<br />
Aboriginal communities in the East Kimberley region;<br />
2. An income stream for the traditional owners, a portion of which will be<br />
allocated to fund community development initiatives;<br />
3. Another portion of income will be placed in a Sustainability Fund to<br />
be managed by a Traditional Owners’ Trust;<br />
4. Support <strong>and</strong> preference to be given to the employment <strong>and</strong> training<br />
of local Aboriginal people;<br />
5. Assistance with the development of traditional owner business<br />
development for the mining sector;<br />
6. Negotiation over l<strong>and</strong> <strong>and</strong> water management over the life of the<br />
mine <strong>and</strong> rehabilitation;<br />
7. A Site Protection Management Plan for the protection of significant<br />
Aboriginal heritage sites.<br />
Not surprisingly the Argyle Diamond agreement is held up as good<br />
practice in what can be achieved, not only under the Native Title Act, but<br />
also for mining companies to develop strong community relations through<br />
such practices as free, prior <strong>and</strong> informed consent for access to traditional<br />
l<strong>and</strong>s.