The Mabo Centre, a new First Nations-led partnership between the National Native Title Council and the University of Melbourne, has been launched today in Perth (Boorloo), Western Australia, to inject much-needed research and capability into native title agreements.
The Mabo Centre will establish best practice research and build an evidence base for native title agreement-making to maximise the economic, social, and cultural benefits for Traditional Owners.
The Centre’s name honours the legacy of renowned land and sea rights activist Eddie Koiki Mabo. The 1992 Mabo decision led to the recognition and protection of native title across Australia through the introduction of the Native Title Act.
To manage and protect their native title rights and interests, native title holders may negotiate Indigenous Land Use Agreements (ILUAs) with governments and companies about future developments on the land. But while some agreements have led to thriving First Nations-led economic opportunities, this is not always the case.
“The standards in agreements range from below civil and human rights to good practice,” Professor Marcia Langton AO, Foundation Chair of Australian Indigenous Studies at the University of Melbourne and Co-Chair of the Mabo Centre Advisory Board, tells Cosmos.
“You’ll find that out of lack of information, Traditional Owners have signed away their rights in Indigenous Land Use Agreements, which are binding documents registered in the federal court.
“How do we resolve these issues? And how do we advise people and advocate for people so that they don’t sign away their rights? They need information, good, clear, impartial information.”
This is becoming increasingly important in the context of Australia’s clean energy transition, with projects associated with the renewables and critical minerals industries undertaken on native title and Traditionally Owned land.
“The footprint for critical minerals and also renewable projects is going to be larger than anything that we’ve ever seen before,” says Jamie Lowe, CEO of the National Native Title Council and Co-Chair of the Mabo Centre Advisory Board.
“For many groups, particularly in the renewable space, it will be the first time potentially, that they’ve negotiated an ILUA-type agreement.
“Their capability and capacity to be able to negotiate is sometimes limited, and so the Mabo Centre can inject much needed research and capacity and capability into the sector.
“A big conversation around renewables is around buying into the actual projects and having equity stakes and shares within the projects,” adds Lowe.
Over time, the Mabo Centre aims to ensure that principles of self-determination are embedded into agreements, to better support community aspirations and provide opportunities for economic development and entrepreneurship on Country.
Currently, much of native title groups’ funds are in Charitable Trusts, which makes it difficult to access as capital for business development.
“But there are some [First Nations Groups] that are doing very well,” says Langton.
“And that is because they have a different arrangement, and most native title holders don’t know the details of those corporate structure arrangements that allow for some groups to do really well.”
The Mabo Centre will foster leadership, and expertise, and knowledge sharing to bring Traditional Owner groups together to learn from each other and drive economic development opportunities through land and sea rights.