afr.com.au Friday, March 31, 2000 Secret society works on native title solution Capital Moves, By Lenore Taylor A secret society of business, political and Aboriginal leaders has been meeting for almost three years to negotiate a treaty between Aborigines and the wider community to supersede native title. The society, called the Bennelong Group, is intensely secretive because its aim is both controversial and extraordinary - a formal treaty between Aborigines, farmers, miners and governments which would be put to the public in a constitutional referendum. Its aim is to settle native title away from the courts and to lay the groundwork for a true "reconciliation". The group is also secretive about its membership, but The Australian Financial Review can reveal that it is chaired by the former head of the Reconciliation Council, Pat Dodson, and the former president of the National Party and Queensland grazier, Don McDonald. The late Ron Castan QC was intimately involved, as was Michael Costello before he joined Kim Beazley as chief of staff. WMC chief executive officer Hugh Morgan, former Rio Tinto consultant Paul Wand, Pasminco chief executive officer David Stewart, MIM chief executive officer Nick Stump and representatives of Robert Champion de Crespigny's Normandy Mining have all been involved in discussions with the group, although one source said the attitude of the mining industry was "interested ... but yet to be completely convinced". Agreement with pastoralists is seen by the group as less problematic because of the central involvement of McDonald and former Cattlemen's Union head Jim Petrich and informal, but "productive" discussions with National Farmers Federation president Ian Donges. Surprisingly, political representation comes largely from the Right, with former Northern Territory chief minister Ian Tuxworth (a driving force behind the group's establishment), outspoken National Party backbenchers Bob Katter and Senator Ron Boswell. "We deliberately went for the ones that were way out to the Right because we figured we'd have to convince them if we were to get anywhere," said one of the founders. Aboriginal leaders who have been involved include ATSIC chairman Geoff Clarke, Kimberley Land Council director Peter Yu, acting Central Land Council executive director David Ross, Aboriginal activists Noel Pearson and Tracker Tilmouth and Cape York Land Council chairman Richard Ahmat. There were about 20 people at the group's last meeting, in Melbourne in February, where Tuxworth presented a paper about preconditions for negotiations with the mining industry. Many observers think the Bennelong Group is pursuing a pipedream, but those involved are passionate and determined. They say membership is expanding as land users become more frustrated with the uncertainties of the native title system. The group came together during the fiery political debate after the High Court's Wik decision. Despite their vastly different backgrounds, the founders discovered a common conviction that laws and court cases would never solve the land-use problems thrown up by native title, and that the only solution was an agreement "on the ground". A draft framework agreement, prepared by Mr Castan before his death last year and obtained by The Australian Financial Review, proposes that Aborigines would give up any economic rights on pastoral leases and any financial gains from the right to negotiate over mines in return for a special compensation fund that would provide long-term capital for Aboriginal economic development. Sources suggested the fund would be paid for by governments and business donations. The framework agreement says the group would seek tax breaks for economic developments in rural Australia pursued by Aborigines and non-Aborigines "in partnership". It also says parties to the agreement would use their "best endeavours" to stop any current or planned native title cases in the courts, after an agreement had been reached. Late last year, the Bennelong Group registered a public company, limited by guarantee, called The Australian Reconciliation Foundation, whose directors were McDonald, Dodson and Castan. Ron Castan's daughter, Melissa Castan, replaced her father as a director after his death. In its application for registration as a company, The Australian Reconciliation Foundation lists 10 proposed functions, including "facilitating processes for negotiation towards developing the agreed terms of a domestic treaty and a referendum proposal for the amendment of the Australian Constitution to incorporate the matters contained in such a treaty". It says the foundation would also raise donations, monitor the policies of governments and their effect on reconciliation and promote the goal of reconciliation. But confusion developed after the Reconciliation Council revealed it was also preparing to establish a foundation to take over when it ceases to exist in June. It hopes its foundation will enjoy seed funding from government and further funds to be raised through tax-deductible donations. Discussions are continuing about whether the two foundations could merge into a single effort. Those arguing in favour of a merged effort say only one foundation would enjoy official status, only one would be likely to get tax-deductible status for donations and that two foundations would duplicate effort. But however that issue is resolved, and even if it were to secure agreement with farmers and miners, the Bennelong Group faces one last almost insurmountable hurdle. It concedes that to put a treaty proposal to the people and gain the overwhelming support necessary to make the exercise a uniting rather than dividing one, it would need active cross-party support. And if there is one issue political parties don't want to reignite, it's native title. Both major parties are aware of the Bennelong Group's work. But native title has not been in the headlines since John Howard's 10 point plan passed the Senate and neither is about to do anything to resurrect its front-page status. The Bennelong Group is sanguine about this. Its members are convinced the present native title system is unworkable and will collapse. 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