Indigenous Participation in Environmental Management of Mining Projects: The Role of Negotiated Agreements

Abstract

The principle that indigenous people should participate in the environmental management of resource projects on their traditional lands is increasingly recognised by international law and institutions. Negotiation of agreements between indigenous groups and resource developers represents one way in which that principle can be given effect. However, virtually nothing is known about the environmental provisions of negotiated agreements or their efficacy in enhancing indigenous participation. This article examines environmental provisions of agreements involving Aboriginal landowners and mining companies in Australia. It concludes that while agreements certainly have the potential to enhance Aboriginal participation in environmental management, a majority do not have this effect, reflecting the weak negotiating position of many Aboriginal peoples in their dealings with mining companies.