How the upstream oil and gas industry can leverage interdisciplinary research to more effectively engage with Indigenous communities
Deborah Lockhart A B and Jessica Xu AA Australian Disputes Centre, Sydney, Australia.
B Corresponding author. Email: deborahlockhart@disputescentre.com.au
The APPEA Journal 61(2) 417-421 https://doi.org/10.1071/AJ20150
Accepted: 18 March 2021 Published: 2 July 2021
Abstract
Since 2010, mining companies have requested permission for the destruction of over 463 Aboriginal heritage sites. Recent high-profile events have profoundly impacted culturally significant Indigenous sites, and mining companies are under intense pressure to demonstrate greater sensitivity in their relationships with stakeholders. The Australian Disputes Centre uses several case studies to explore how the upstream petroleum industry can leverage current interdisciplinary research to engage with Indigenous communities more effectively, both nationally and internationally. Interest-based negotiation frameworks are considered as actionable mechanisms that are as applicable in day-to-day business operations as they are in supporting consistent, culturally-sensitive stakeholder agreements. The application of a range of communication strategies and skills to harness intersectional decision-making is reviewed, and asks the extent to which engagement with external stakeholders reflects internal corporate culture. Obtaining and retaining a social licence to operate is top of mind for all resource companies, but it does not come without a congruent culture of principled negotiation. This study considers the emerging challenges within the sector, including how to empower all parties to negotiate more fulsome outcomes. Using various case studies, including one involving the conservation of submerged Indigenous heritage, an holistic, interdisciplinary methodology for managing cross-cultural sensitivities while companies undertake technical investigations, liaise with archaeological and ethnographic experts and negotiate with local community leaders has been reviewed. Clearly, inclusive communication is just the beginning.
Keywords: social licence to operate, SLO, community engagement, Indigenous engagement, corporate social responsibility, CSR, negotiation, dispute resolution, environmental, social and governance, ESG, upstream oil and gas, ADC partnership process, partnership framework, Australian Disputes Centre.
Deborah Lockhart, LLB, was appointed CEO of the Australian Disputes Centre in 2013. ADC is an independent, not-for-profit that works to advance world-class conflict management and dispute resolution in Australia and internationally. Deborah speaks and trains regularly on the financial and reputational benefits of efficient conflict management and dispute resolution processes, including the resource sector in Latin America [Pontificia Universidad Católica de Chile, Ministerio de Minería Chile and DFAT-Austrade]. Prior to joining the NFP sector, Deborah worked as an Executive and Expert Consultant for a range ASX 100 and Fortune 500 corporations for over 20 years; delivering commercial and community benefits from timely and cost-efficient and interest-based dispute resolution processes from 1992. Deborah is a founding member of the Council for Australian Dispute Resolution, Editorial Panel Member for Lexis Nexis, ADR Bulletin, accredited as an Advanced Mediator and Conflict Coach, and an alumna of Harvard Law School, UTS and Victoria University of Wellington, NZ. |
Jessica is a Dispute Resolution Associate at the Australian Disputes Centre. She holds a Bachelor of Laws (LLB) and a Bachelor of Commerce from the University of Sydney. |
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