While governments» renewed interest in
Indigenous land matters is a welcome one, we run the risk of «throwing the baby out with the bath water» where policy aims to make fundamental changes to land tenure when the potential for existing leasing options has not been fully explored or realised.
Not exact matches
As she's grown, she's become a part of this world: the lack of Asian American history and issues both in classrooms and the Western consciousness; police brutality and Black Lives
Matter; deportation and xenophobia; the fact that we live on
indigenous land; that there is a racist and sexist in the highest office in this country.
And we're also waiting on judgement on a
matter in a remote part of South Australia in an area known as the APY
lands, where ASIC has taken action against a store owner for providing credit to
Indigenous consumers to buy basic household goods.
To make
matters worse, the Federal government promoted policies that encourage deforestation, including stopping efforts to mark the borders of
indigenous lands in the Amazon, dismantled FUNAI (the federal organization for
indigenous issues), and effectively removing protections of those areas of the country that have the lowest deforestation rates,
indigenous people's
lands.
Renée regularly advises and represents her
Indigenous clients on consultation
matters, regulatory and environmental
matters, reserve
land management and impacts and benefits agreements.
Claire advises
Indigenous governments in modern treaty negotiations, particularly on
land and resource
matters.
Nelligan O'Brien Payne LLP's
Indigenous Law group services include implementation of
land claims agreements, taxation issues,
land use and habitat issues, revenue sharing, resource development negotiations, construction contracts, employment
matters, residential school claims and many others that may be required by First Nations and Inuit Organizations.
For many
Indigenous communities including the Ktunaxa, relations to the
land are not simply a
matter of possession and production.
The Australian Heritage Council, the expert advisory body on heritage
matters which draws on the knowledge of
Indigenous experts, and the
Indigenous Advisory Committee (IAC) provide advice to the Minister on the operation of the EPBC Act taking into account their knowledge of the
land, conservation and the use of biodiversity.
Further, this should reflect «the established scope of
Indigenous Land Use Agreements, which have been used to achieve social and economic objectives».23 Indigenous land use agreements (ILUAs) are increasingly used for a wide range of matt
Land Use Agreements, which have been used to achieve social and economic objectives».23
Indigenous land use agreements (ILUAs) are increasingly used for a wide range of matt
land use agreements (ILUAs) are increasingly used for a wide range of
matters.
The Committee is concerned, despite positive developments towards recognising the
land rights of the Aboriginals and Torres Strait Islanders through judicial decisions (Mabo 1992, Wik 1996) and enactment of the Native Title Act of 1993, as well as actual demarcation of considerable areas of
land, that in many areas native title rights and interests remain unresolved and that the Native Title Amendments of 1998 in some respects limits the rights of
indigenous persons and communities, in particular in the field of effective participation in all
matters affecting
land ownership and use, and affects their interests in native title
lands, particularly pastoral
lands.
According to the NAIDOC Week organisers: «The 2017 theme — Our Languages
Matter — aims to emphasise and celebrate the unique and essential role that
Indigenous languages play in cultural identity, linking people to their
land and water and in the transmission of Aboriginal and Torres Strait Islander history, spirituality and rites, through story and song.»
The Committee is concerned... that the Native Title Amendments of 1998 in some respects limit the rights of
indigenous persons and communities, in particular in the field of effective participation in all
matters affecting
land ownership and use, and affects their interests in native title
lands, particularly pastoral
lands.
That, in engaging in further consultations with
Indigenous peoples in relation to
matters affecting
land and waters, the Government abide by Australia's relevant international human rights obligations, such as those referred to in this submission.
The way in which Australia chooses to give recognition to the relationship that
Indigenous people have with their
land, and the range of options it considers to express that relationship, are
matters that affect the human rights of
Indigenous people.
The significance of these
matters is that these rights -
land, culture and control - provide the setting for the application of the right of non-discrimination enshrined in the RDA as it affects
Indigenous Australians.
The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that
indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that
indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that
indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their
lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of
indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their
lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of
indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that
indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by
indigenous peoples over developments affecting them and their
lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for
indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the
lands and territories of
indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of
indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and
indigenous peoples are, in some situations,
matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between
indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of
indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and
indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to
indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,
There would appear to be, at the very least at the moral and political level, a positive responsibility on governments to safeguard and protect
Indigenous land rights against discriminatory acts or legislation as a
matter of trust.
They have the ability to lead to real benefits for the people who really
matter in resource projects on
Indigenous lands, the local
Indigenous community members.
In addition, the Queensland Government has advised me that the State is «in the process of seeking to negotiate throughout Queensland a number of other
Indigenous Land Use Agreements which have native title consent for public housing and infrastructure for Aboriginal and Torres Strait Islander peoples as their subject
matter».
For
indigenous communities, relations to the
land are not merely a
matter of possession and production but a material and spiritual element which they must fully enjoy, even to preserve their cultural legacy and transmit it to future generations.»
«Our Languages
Matter» marks the unique and essential role that
Indigenous languages play in cultural identity, connection between people, and connection to
lands and waters.
In 1999 the Premier issued a Memorandum in relation to the use of
Indigenous Land Use Agreements (ILUAs) to resolve native title
matters.
The Human Rights Committee (the United Nations committee monitoring the International Covenant on Civil and Political Rights) also criticised the NTA for limiting the effective participation of
Indigenous people»... in all
matters affecting
land ownership and use, and affect [ing] their interests in native title
lands, particularly pastoral
lands.»
UN Doc CERD / C / 54 / Misc.40 / Rev. 2; Concluding Observations by the Committee on the Elimination of Racial Discrimination: Australia, 19 April 2000, UN Doc CERD / C / 304 / Add.101]; The Human Rights Committee also criticised the NTA for limiting the effective participation of
Indigenous people»... in all
matters affecting
land ownership and use, and affect [ing] their interests in native title
lands, particularly pastoral
lands.»
The Committee is concerned, despite positive developments towards recognizing the
land rights of the Aboriginals and Torres Strait Islanders through judicial decisions (Mabo, 1992; Wik, 1996) and enactment of the Native Title Act of 1993, as well as actual demarcation of considerable areas of
land, that in many areas native title rights and interests remain unresolved and that the Native Title Amendments of 1998 in some respects limit the rights of
indigenous persons and communities, in particular in the field of effective participation in all
matters affecting
land ownership and use, and affects their interests in native title
lands, particularly pastoral
lands.
despite positive developments towards recognising the
land rights of the Aboriginals and Torres Strait Islanders through judicial decisions (Mabo 1992, Wik 1996) and enactment of the Native Title Act of 1993, as well as actual demarcation of considerable areas of
land, that in many areas native title rights and interests remain unresolved and that the Native Title Amendments of 1998 in some respects limits the rights of
indigenous persons and communities, in particular in the field of effective participation in all
matters affecting
land ownership and use, and affects their interests in native title
lands, particularly pastoral
lands.