Indigenous agency and mineral development: A cautionary note

Studies in Political Economy

Volumn , Issue 85, 2010, Pages 99-123

  Howlett, Catherine ^a  

^a NONE

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EID: 77953593316     PISSN: 07078552     EISSN: None     Source Type: Journal    
DOI: 10.1080/19187033.2010.11675035     Document Type: Article

References (140)

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29. J. Connell and R. Howitt, Mining and Indigenous Peoples in Australasia (Sydney: Sydney University Press, 1991), pp.4-7.
30. See, for example, M. Lane and S, Cowell, "Land and Resource Planning and Indigenous Interests," in O. Yiftachel, J. Little, D. Hedgcock, and I. Alexander, (eds.), The Power of Planning: Spaces of Control and Transformation (Dordrecht: Kluwer, 2001);
31. A Harwood, "Indigenous Sovereignty and Century Zinc," in G. Evans, J. Goodman, and N. Lansbury, (eds.), Moving Mountains Communities Confront Mining and Globalisation (London: Zed Books, 2002);
32. M. Blaser, H. Feit, and G. McRae, (eds.), In the Way of Development. Indigenous Peoples, Life Projects and Globalization (London: Zed Books, 2004);
33. K. Trebeck, "Tools for the Disempowered? Indigenous Leverage Over Mining Companies," Australian Journal of Political Science 42/4 (2007), pp. 541-562;
34. D. Salee, "James Bay Cree (Eeyou Eenou) and Natural Resources Management: Perspectives on the Political Agency of Indigenous Peoples in Canada," Paper Presented to the Annual Conference of the Canadian Political Science association (Vancouver, BC: University of British Columbia, 4-6 June 2008).
35. nd ed. (Hampshire, UK: Palgrave Macmillan, 2002), p. 271.
36. S. McAnnulla, "Structure and Agency," pp. 93-94.
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38. P.A. Lewis, "Agency, Structure and Causality in Political Science. A Comment on Sibeon, " Politics 22/1 (2002), pp.17-18.
39. See, for example, R. Sibeon, "Agency, Structure, and Social Chance as Cross-Disciplinary Concepts," Politcis 19/3 (1999), pp. 139-144;
40. M. Archer, "For tructure: Its Reality, Properties and Powers: A Reply to Anthony King, '' Sociological Review 48/3 (2000), pp. 464-472;
41. C. Hay, Political Analysis, A Critical Introduction;
42. S. McAnulla, Theory and Methods in Political Science.
43. C. Hay, Political Analysis, A Critical Introduction, p. 94.
44. R. Sibeon, "Agency, Structure, and Social Chance as Cross-Disciplinary Concepts," Politics (1999), p. 142.
45. C. Hay, Political Analysis, A Critical Introduction, p. 94.
46. S. McAnnulla, Theory and Methods in Political Science, p. 271;
47. C. Hay, Political Analysis, A Critical Introduction, p. 94.
48. C. Hay, Political Analysis, A Critical Introduction, pp. 95-97.
49. W. Legget, "Social Change, Values and Political Agency: The Case of the Third Way," Politics 24/1(2004), pp. 12-19.
50. A. Giddens, Central Problems in Social Theory London: Macmillan, 1979);
51. A Giddens, The Constitution of Society (Cambridge: Polity Press, 1984);
52. A. Giddens, "Elements of the Theory of Structuration," in A. Elliot, (ed.), Contemporary Social Theory(Oxford: Blackwell, 1999).
53. Cited in C. Hay, Political Analysis, A Critical Introduction, p. 118;
54. S. McAnnulla, Theory and Methods in Political Science, p. 33.
55. R. Sibeon, Politics, p. 139.
56. C. Hay, Political Analysis, A Critical Introduction, p. 127.
57. M. Archer, Sociological Review.
58. M. Archer, Sociological Review, pp. 463-465;
59. S. McAnnulla, Theory and Methods in Political Science.
60. P. A Lewis, Politics, p. 19.
61. C. O'Faircheallaigh, Creating Opportunities for Positive Engagement: Aboriginal People, Government and Resource Development in Australia.
62. Ibid C. O'Faircheallaigh, Creating Opportunities for Positive Engagement: Aboriginal People, Government and Resource Development in Australia.
63. Interview: R. Borbidge, Former Queensland Premier (Brisbane, Queensland: 27 April 2004).
64. D. E. Smith and J. Altman, "Lessons from Century: ATSIC and the Right to Negotiate over Major Resource Development Projects," Report to Native Title and Land Rights Branch (Canberra: Aboriginal and Torres Strait Islander Commission, Smith and Altman, 1998), p. 7.
65. G. Crough and D. Cronin, "Aboriginal People and the Century Project: The 'Plains of Promise' Revisited?" A Report to the CLC, Burketown, commissioned by Century Zinc Limited through Kinhill Cameron McNamara (Darwin: NARU, 1995).
66. G. Crough and D. Cronin, "Aboriginal People and the Century Project: The 'Plains of Promise' Revisited", p. 10;
67. D. E. Smith and J. Altman, "Lessons from Century: ATSIC and the Right to Negotiate over Major Resource Development Projects," p. 1.
68. Interview: M. Yanner, Former Manager of Carpentaria Land Council (Burketown, Queensland: 7 March 2005).
69. D. E. Smith and J. Altman, "Lessons from Century: ATSIC and the Right to Negotiate over Major Resource Development Projects," p. 7;
70. D. Martin, "Deal of the Century? A Case Study from the Pasminco Century Project," Indigenous Law Bulletin 4/11 (1998), pp. 4-18.
71. See D. Trigger, Whitefella Comin': Aboriginal Responses to Colonialism in Northern Australia (Melbourne: Cambridge University Press, 1992);
72. S. Cowell, Aboriginal Interests and the Century Zinc Proposal: Resource Planning, Development and Impact Assessment in the Gulf of Carpentaria; A. Harwood, Moving Mountains Communities Confront Mining and Globalisation;
73. T. Roberts, Frontier Justice. A History of the Gulf Country to 1900 (St Lucia: University of Queensland Press, 2005).
74. Cited in D. Trigger, Whitefella Comin: Aboriginal Responses to Colonialism in Northern Australia, p. 71.
75. A. Harwood, Moving Mountains Communities Confront Mining and Globalisation;
76. D. Trigger, Whitefella Comin': Aboriginal Responses to Colonialism in Northern Australia.
77. Anonymous, "Mine Not Dead," North West Country 8/70 (1997).
78. Interview: M. Yanner.
79. Interview: M. Yanner.
80. Cowell, Aboriginal Interests and the Century Zinc Proposal
81. R. Blowes and D. Trigger, "Negotiating the Century Mine Agreement: Issues of Law, Culture and Politics,'' in M. Edmunds, (ed.), Regional Agreements in Australia: Vol 2: Case Studies (Canberra: Australian Institute for Aboriginal and Torres Strait Islander Studies (AIATSIS), 1999).
82. P. Wear, "Problems in the Pipeline," The Bulletin (14 May 1996).
83. S. Cowell, Aboriginal Interests and the Century Zinc Proposal, p. 81.
84. Interview: M. Yanner.
85. F. Brennan, The Wik Debate: Its Impact on Aborigines, Pastoralists and Miners (Sydney: UNSW Press, 1998), p. 22;
86. R. Howitt, Rethinking Resource Management, p. 261.
87. See, for example, R. Kidd, The Way We Civilise: Aboriginal Affairs The Untold Story (St Lucia: University of Queensland Press, 1997);
88. J.P. Roberts, Massacres to Mining: the Colonisation of Aboriginal Australia;
89. M. Lane, Land Use, Development and Social Impact on Cape York Peninsula;
90. R. Howitt, Rethinking Resource Management.
91. A Holden and N. Pearson, "Time for Leadership: Issues of Importance to Aboriginal and Islander People," in B. Stevens and J. Wanna, (eds.), The Goss Government. Promise and Performance of Labour in Queensland (Melbourne: Macmillan Education Australia Pty Ltd, 1993), p. 194.
92. P. Morley, "Goss Tips Third Mining Boom," Courier Mail (9 November 1995).
93. S. Emerson and D. Fagan, "$30m Native Title Deal Opens the Door to Century Mine," The Australian (8 May 1997).
94. Interview: I. Williams, Former CEO of Century Zinc Limited (Perth, Western Australia: 20 April 2004 and 21 April 2004).
95. Interview: R. Potter, Former Officer, OCG, DEPTD, Queensland Government (Brisbane, Queensland: 9 July 2004).
96. Ibid.,
97. Interview: I. Clague, Former Officer, OCG, DEPTD, Queensland Government (Brisbane, Queensland: 9 July 2004).
98. P. Gillepsie, "New Power Broker is a Quiet Achiever," Sunday Mail (9 May 1993).
99. Interview: R. Borbidge, Former Queensland Premier (Brisbane, Queensland: 27 April 2004).
100. C. O'Faircheallaigh, Australian Journal of Political Science, p. 10.
101. M. Langton, M, Tehan, L. Palmer, and K. Shain, (eds.), Honour Among Nations. Treaties and Agreements with Indigenous People (Melbourne: Melbourne University Press, 2004) p. 17.
102. N. Pearson, "Land is Susceptible of Ownership," in M. Langton, M. Tehan, L. Palmer, and K. Shain, (eds.), Honour Among Nations? Treaties and Agreements with Indigenous People (Melbourne: Melbourne University Press, 2004), p. 84.
103. In 1975, the Racial Discrimination Act was passed, meaning that all Australians needed to be treated similarly in all matters including compensation for loss of property under the Constitution.
104. J. Healy, (ed.), "Aboriginal Land Rights," Issues in Society 169 (Rozelle, New South Wales: The Spinney Press, 2002), p. 15.
105. Interview: H. Wootten, Former Federal Government Appointment Chief Negotiator (Tea Gardens, New South Wales, 21 April 2005).
106. The Northern Territory government enacted special legislation for the McArthur River mine a $250 million zinc-silver-lead mine to ensure security of title for the project proponents. In effect, the legislation suspended the native title rights of the Indigenous people in the region.
107. R. Tickner, Taking a Stand Land Rights to Reconciliation (Crows Nest; Allen & Unwin, 2001 ), p. 106.
108. D. E. Smith and J. Altman, "Lessons from Century: ATSIC and the Right to Negotiate over Major Resource Development Projects."
109. R. Bartlett, "Is Equality too Hard for Australia?" University of New South WalesIa Law Journal 20/2 (1997), pp. 492-494.
110. Cited in B. Burton, "CRA's Century Debacle," Mining Monitor 1/2 (2 September 1996).
111. Anonymous, "Mine Not Dead," North West Country 8/70 (February 1997).
112. F. Brennan, The Wik Debate: Its Impact on Aborigines, Pastoralists and Miners (1998), p. 37.
113. The act received widespread condemnation, both at home and abroad, for compromising Indigenous rights. See J. Altman and T. Rowse, "Indigenous Affairs," in P. Saunders and J. Walter, (eds.), Ideas and Influence. Social Science and Public Policy in Australia (Sydney: University of New South Wales Press, 2005).
114. Australia was brought into international disrepute and asked to explain its changes to the Native Title Act to the United Nations Committee for the Elimination of Racial Discrimination (CERD). Australia is the first western nation asked to explain its human rights position to the committee;
115. J. Healy, (ed.), "Aboriginal Land Rights," Issues in Society (2002).
116. C. O'Faircheallaigh, Creating Opportunities for Positive Engagement: Aboriginal People, Government and Resource Development in Australia, p. 10.
117. For more detail, see C. Howlett, "Indigenous People and Mining: The Role of the State. A Case Study of Century Zinc Mine," Unpublished PhD Thesis (Brisbane, Australia: Griffith University, 2007).
118. M. Bachelard, The Great Land Grab: What Every Australian Should Know About Wik, Mabo and the Ten-point Plan (South Melbourne: Hyland House, 1997), p.71.
119. H. Patapan, Judging Democracy (Oakleigh: Cambridge University Press, 2003), p. 112.
120. It is worth pointing out that the Howard Government suspended the RDA, and the protection it afforded Indigenous people's rights, when it enacted the NTAA in 1998, claiming the Act was a "special measure."
121. See M. Widdowson-Kidd, "The Howard Government's Special Measures for Indigenous Australians," Queensland Law Student Review 1/2 (2008), pp.117-130.
122. P.H. Russell, Recognizing Aboriginal Title. TheMabo Case and Indigenous Resistance to English Settler Colonialism (Toronto: University of Toronto Press, 2005), p. 5.
123. The Australian parliament can also politicize the High Court via the appointment of new judges. The Howard government appointed conservative judges, believing this would redress the fact that the High Court had been too reformist in the Mabo judgment.
124. (For further discussion, see Howlett, "Indigenous People and Mining," pp. 177-183).
125. For further elaboration, see Ibid Howlett, "Indigenous People and Mining," pp. 177-183
126. C. O'Faircheallaigh, Australian Journal of Political Science, p. 4.
127. M. Archer, Sociological Review.
128. C. Hay, Political Analysts, A Critical Introduction, p. 132.
129. S. McAnnulla, Theory and Methods in Political Science, p. 285.
130. D. Trigger, "Citizenship and Indigenous Responses to Mining in the Gulf Country," in N. Peterson and W. Sanders, (eds.), Citizenship and Indigenous Australians: Changing Conceptions and Possibilities (Melbourne: Cambridge University Press, 1998);
131. nd ed. (Boulder: Westview Press, 1995).
132. D. Trigger, "Mining, Landscape and the Culture of Development Ideology in Australia," Ecumene 4/2 (1997), pp. 166.
133. R. Howitt, J. Connell, P. Hirsh, Resources Nations and Indigenous Peoples. Case Studies from Australasia, Melanesia and Southeast Asia (Oxford: Oxford University Press, 1996), p. 14.
134. G. Cowlishaw, "Did the Earth Move for You?: The Anti Mabo Debate," Australian Journal of Anthropology 611 (1995), p. 45.
135. Hugh Morgan was executive director of Western Mining Company. Russell claims he was by far the fiercest and loudest critic of the Mabo decision. PH. Russell, Recognizing Aboriginal Title. The Mabo Case and Indigenous Resistance to English Settler Colonialism, p. 282.
136. Cited in N. Sharp, No Ordinary Judgement: Mabo, The Murray Islanders'Land Case (Canberra: Aborigines Studies Press, 1996), p. 217.
137. Cited in P.H. Russell, Recognizing Aboriginal Title. The Mabo Case and Indigenous Resistance to English Settler Colonialism, p. 283.
138. M. Goot, "The Wild West? Yes, No and Maybe," in M. Goot and T. Rowse, (eds.), Make a Better Offer. The Poliria of Mabo (Leichhardt, Pluto Press, 1994).
139. D. Salee, James Bay Cree (Eeyou Eenou) and Natural Resources Management: Perspectives on the Political Agency of Indigenous Peoples in Canada (2008).
140. C. Howlett, "Indigenous People and Mining."