Egy megkésett igazságtétel ellentmondásos végrehajtása : viták az ausztráliai őslakosok földjogi helyzetéről

Absztrakt

The compensation came too late and the way it came did not address the Aboriginals' needs. A negotiation-and-agreement system between the mining companies and the Aboriginals is based on legal land rights and monetary compensation is paid on this basis. A just system should however, take account of more issues such as agriculture and water resource management system, economic development of the areas concerned. Aboriginal autonomy and the effectiveness of local administration which the paper explores further. Sadly, the reality is that these issues are often ignored or even when addressed, fail to provide a better outcome for the Aboriginal communities. Reasons for failure include enormous cultural differences between the capitalist-white and the ancient-indigenous Australians. At the same time most of the generic social problems affecting Australia as a whole also acutely impact with Aboriginal communities: drink, drugs, gambling etc. and now increased corruption. These factors conspire to weaken the Aboriginal negotiating position with representatives of the mighty companies. Aboriginal communities look formal, acredited bodies to represent their interests and provide an efficient social support network. As a result, parties fall back on the original legalistic land rights basis of compensation which is predominantly a playground of the mining concerns. Luckily, some good examples show that there are ways out of this vicious circle if the companies play their role responsibly.