Settling with Indigenous People: Modern Treaty and Agreement-Making

Abstract

Negotiating Indigenous land rights has become known as the new third way. It is the alternative to native title claims and claims under land rights legislation. Negotiation of land and other customary rights is a source of empowerment in a contemporary political climate that is otherwise paternalistic. It allows Indigenous people to be involved in setting the terms of land claims in terms of compensation, land access, native title rights, conservation and even governance rights. Already, over 3000 voluntary negotiations have led to settled outcomes with governments, mining companies and other stakeholders