Tenure in North Queensland: The Autonomy Myth

Kate Galloway | JCUTASA Conference

Cairns, 26 November 2015

For Aboriginal and Torres Strait Islander communities in North Queensland, the discourse around tenure promises economic growth and opportunity for autonomy. However these claims occur within neoliberal discourse that privileges the individualism of private property as the sole determinant of value. Claims of autonomy in ‘secure and tradeable’ tenure ignore the real mechanisms by which land has been marketised. An idealised or ideological understanding of land and development ignores diverse values of land with two implications. Tenure changes are unlikely to yield the desired economic outcomes; and they will likely perpetuate the historical colonialism of the north.

The context: Northern Australia

Open for business!

Assumption: ‘secure and tradeable’ land tenure

The ‘problem’…

Tenures have terms (40 years)

Government constrains land dealings

Land dealings are complex

The proposed solution?

Cut red tape

Privatise individual property

See that sweet, sweet

capital $$

Case study: Qld Indigenous tenures

Aboriginal freehold

Native title

DoGiTs

Indigenous tenures recognise first possession, culture, connection to land

Where is the red tape?Native title

State Indigenous tenures

Limits on ownership

No mortgages

Few survey plans

Govt permission processes

Fitzroy River, 29/5/14

From Indigenous to ‘regular’ freehold [freedom to choose]

Choose to freehold

Community consultatio

nApply for

declaration

‘Regular’ freehold means (in government language)

Economic development

Autonomy: ‘can use the land as they

choose’

Entry to the market

‘Regular’ freehold also means

Myth-busting

Tenure ≠ growth

‘Limits’ are govt-imposed

Where is the market?

History tells a different

story

The reality of development

Land never paid for

Heavy govt subsidies

Historical NT Pastoral leases

Stolen wagesGurindji strikers, 1967

Autonomy? Free market?

HistoryNeolibera

l discourse

Looks a lot like colonisation: déjà vu all over again

The binaryCommunity Market

Global resource markets

Growth

Capital value

Individual title

Development

Cultural value

Communal title

Lessons for Northern Australia

‘Free and tradeable title’ excludes community interests Community interests have value, including to support community developmentTenure is not a panacea for economic growthGovernment has power to grant tenure that supports Indigenous interests

Slide Reference

3 Our North, Our Future: White Paper on Developing Northern Australia (Australian Government, 2015), 3 http://industry.gov.au/ONA/whitePaper/Paper/index.html

4 Our North, Our Future: Trade and Investment in the North (Australian Government, 2015) http://industry.gov.au/ONA/WhitePaper/Paper/index.html#videos

7 http://undead-llama.com/comic/red-tape-hulk/9 Image Chris Johnston

http://www.eurekastreet.com.au/article.aspx?aeid=26586#.VkUqDsp9ZBw 10 Image: AGNSW Mervyn Bishop

http://www.abc.net.au/news/2014-10-21/mervyn-bishop/5829892 11 Image: Ben Collins, ABC

http://www.abc.net.au/local/photos/2014/05/30/4015731.htm 13 Cartoon: Nicholson

http://nicholsoncartoons.com.au/home-ownership-for-aborigines-226.html 14 Cartoon: Nicholson http://nicholsoncartoons.com.au/ 15 Cartoon: Nicholson

http://nicholsoncartoons.com.au/private-home-ownership-aborigines-226-2.html 16a Image: Melbourne Sun, 1968 http://indigenousrights.net.au/land_rights/campaigning_for_land_rights,_1963-68 16b http://www.doug-and-dusty.id.au/bundy/Mt_Bundy_Station/History/Old_Pastoral_Leases.jpg 16c http://www.abc.net.au/site-archive/rural/telegraph/speeches/whitlam.htm

kathrine.galloway@jcu.edu.auwww.kategalloway.net