In addition to presenting arguments about land tenure, the Native Title Report 2005 outlines human rights concerns with
the Indigenous Land Tenure Principles, Principle 4 proposes that in order to facilitate the process of granting individual leases:
Native Title Report 2005: Media Release: Social Justice Commissioner argues a different approach to
the Indigenous land tenure debate
1 Prescribed Bodies Corporate 2 National Indigenous Council,
Indigenous Land Tenure Principles, 2005, emphasis added, < http://www.atsia.gov.au/NIC/communique/PDFs/LandTenure.pdf >
The National Indigenous Council «s
Indigenous Land Tenure Principles were published soon after the Prime Minister «s statement.
Native Title Report 2009 Community Guide: Social Justice and Native Title Reports Contents The report overview: The challenges ahead Chapter 1: The state of land rights and native title policy in Australia in 2009 Chapter 2: Changing the culture of native title Chapter 3: Towards a just and equitable native title system Chapter 4:
Indigenous land tenure reform Appendix 1: Native title determinations Appendix 2: Native title statistics Appendix...
For traditional owners, the proposed
Indigenous Land Tenure Principles may represent a foreign and Western view of wealth creation, which may be at odds with traditional views of communal ownership and communal tenure.
The Native Title Report 2005 argues that in their current form,
the Indigenous Land Tenure Principles do not consider the various factors that impede opportunities for economic development on Indigenous land.
The Native Title Report 2005 seeks to refute the assumptions that are raised by
the Indigenous land tenure debate, in particular, the assumptions of the National Indigenous Council's Indigenous Land Tenure Principles.
Soon after this announcement, the government appointed National Indigenous Council (NIC), released
the Indigenous Land Tenure Principles (Principles).
On my reading of the Garnaut Review, I have found limited reference to Indigenous peoples, and no factoring in the impact a national trading scheme might have on
Indigenous land tenure.
The preservation of traditional lands in ultimately inalienable form for the use and enjoyment of future generations is still an important principle of
Indigenous land tenure, as recognised by the first and second NIC Principles.136 There has been a strong policy focus over more than thirty years on Indigenous people gaining traditional land, having the right to manage it in accordance with Indigenous tradition, and being able to make decisions about land use in accordance with traditional decision - making processes.
161 Further examples of alternative approaches to increasing home ownership apart from changing
Indigenous land tenure are considered at Chapter 3.
I assure you that the nature of
Indigenous land tenure is not up for grabs - inalienability and native title will remain the core.
As noted in Chapter 1, on 16 June 2005 the National Indigenous Council released
its Indigenous Land Tenure Principles («NIC Principles»).
When it was in opposition, the Labor Party expressed concerns regarding the former Coalition Government's approach to
Indigenous land tenure reform.
In two key speeches in 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs has provided further information about the Australian Government's approach to
Indigenous land tenure.
At times references by governments to
Indigenous land tenure blur the distinction between the two policies.
While there is some confusion about the aims of
Indigenous land tenure reform, a common theme is the aim of making it easier for Indigenous land owners to make use, including commercial use, of their land.
Two of these agreements refer to
Indigenous land tenure — the National Partnership Agreement on Remote Service Delivery (the Remote Service Delivery Agreement)[14] and the Remote Indigenous Housing Agreement.
Members of the National Indigenous Council (NIC) will meet with Land Councils / Native Title Representative Bodies (3 June 3005) to advance their discussions on the issues surrounding
Indigenous land tenure.
Finally, I consider the principles that should be followed in implementing any reforms to
Indigenous land tenure in Australia.
Significantly, the session also included the presentation of a draft guide on the principles in the Declaration on the Rights of Indigenous Peoples, the International Labour Organisation Convention No 169 [188] and the International Labour Convention No 107 [189] that relate to
indigenous land tenure and management arrangements.
Township leasing, which was introduced in 2006, remains important as the first changes made by the Australian Government as part of
its Indigenous land tenure reform policy.
«The meeting will focus on a set of draft
Indigenous land tenure principles that have been formulated by NIC members as a starting point for obtaining the views of interested stakeholders.
In this Chapter, I have attempted to identify the reforms to
Indigenous land tenure that are being implemented across Australia.
The National Indigenous Council (NIC) meets with both Land Councils and Native Title Representative Bodies (NTRBs) to discuss possible
Indigenous land tenure principles that the Council has developed.
The debate around
Indigenous land tenure and economic development has been conducted with little discussion or analysis of these things.
the release of «
Indigenous Land Tenure Principles» by the federal government - appointed National Indigenous Council.
He continues by noting that «it is more likely to be the communal rather than the inalienable aspects of
the indigenous land tenure arrangements that may be the problem.»
Commissioner Calma said: «the National Indigenous Council's (NIC)
Indigenous Land Tenure Principles are essentially the Australian Government's instrument to implement the land tenure proposal.
Shortly after, the first communiqué was released by the National Indigenous Council (NIC), presenting a draft set of «
Indigenous Land Tenure Principles» (NIC Principles) for discussion at the annual Native Title Conference on 3 June 2005.11
National Indigenous council release draft working document on Possible
Indigenous Land Tenure Principles
To ensure they are effective, REDD schemes need to prioritise securing
indigenous land tenure, clamp down on industrial offenders of illegal logging, and agree real reductions in deforestation — with penalties for failure that bite.
«While we have differing views within our community on how to improve the variety of special
Indigenous land tenures across Australian, we recognise that collective ownership is inherent in Aboriginal custom and we believe in the fundamental importance of securing that underlying land title for future generations.»
During 2005 and 2006 the Australian Government argued the need for reform to policies and legislations governing
Indigenous land tenures.
The focus of our survey was to assess Indigenous economic activity on
Indigenous land tenures.
Not exact matches
However,
indigenous and peasant organizations called it unconstitutional, stating that it would destroy their agricultural economy, threaten traditional systems of
land tenure and drive thousands to immigrate to city slums in search of work.
An earlier study, «Stopping Deforestation: What Works and What Doesn't ``, also found a high correlation between the presence of
indigenous people and good
land stewardship, but it found little correlation between deforestation rates and
land tenure.
This raises very important issues of
land use, the sustainability of existing (much less further) industrial intensification of agriculture, appropriate and equitable uses of biomass, and
land tenure for
indigenous and other local peoples.
REDD is a complicated and contentious issue, but this much is clear: any approach to reducing deforestation must be based in human rights, the rights of
Indigenous Peoples,
land tenure reform, and territorial sovereignty.
Through her work with RRI, she is familiar with the complexities and opportunities of working to support the
land tenure rights and livelihoods of
indigenous and other traditional forest communities in Latin America.
The panel gave insight into the
land tenure regulations and
indigenous peoples» rights in natural resources management in a number of southern countries.
In recognition of the dividends of helping
indigenous peoples and local communities in rural areas secure rights to their traditional
lands, in October the Rights and Resources Initiative (RRI) announced the International
Land and Forest
Tenure Facility, a $ 100 million, fund for scaling up recognition of rights to collective
lands and forests.
The
tenure facility aims to secure at least 400,000 square kilometers (154,400 square miles) of forests and rural
lands for local and
indigenous communities.
At an event on October 7, WRI will launch a new report, Climate Benefits,
Tenure Costs: The Economic Case for Securing Indigenous Land Rights, which finds for the first time that relatively modest investments in secure land tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmen
Tenure Costs: The Economic Case for Securing
Indigenous Land Rights, which finds for the first time that relatively modest investments in secure land tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmenta
Land Rights, which finds for the first time that relatively modest investments in secure
land tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmenta
land tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmen
tenure for
Indigenous Peoples can generate billions of dollars in returns — economically and environmentally.
While in Ontario and the Prairie provinces, the development of a system of
land tenure was firmly founded on
Indigenous treaties, elsewhere in the country (i.e., most of British Columbia, the Yukon, the Northwest Territories, Québec and the Maritimes), non-
Indigenous settlement, for the most part, proceeded without purchase of Aboriginal title.
Additionally, there is a considerable need for the Australian Government to commit to the development of a comprehensive policy for
Indigenous land and sea management which co-ordinates
tenure and other issues concerning the
Indigenous estate.
For opportunities such as these to be successfully realised by
Indigenous people, an assessment of the current
land tenure arrangements is required.
Implicit in their Honours reasoning is that because there is no equivalent of
Indigenous relationships to
land within the common law system of
tenure, the recognition of these unique relationships within the common law can not resemble or bear any equivalence to the common law.
This basis for
land rights legislation recognises that
Indigenous societies in Australia are governed by their own systems of law, including customary
land tenure systems, and strives to create space for these within the Australian legal system.