Sentences with phrase «indigenous rights form»

One example of this is the Queensland exploration - backlog ILUA [45] under which parties agree that conditions protecting Indigenous rights form part of the conditions of tenement [46] and that if these conditions are breached, the Indigenous party can trigger action under the State's mining laws.

Not exact matches

Loss of biodiversity could undermine the right to health under instruments such as Universal Declaration of Human, the Convention on the Elimination of All Forms of Racial Discrimination, and the Convention on the Rights of the Child, as well as the rights of indigenous peoples to access to the benefits of biodiversity as a resource under instruments such as the Convention Concerning Indigenous and Tribal Peoples in Independent Countries and United Nations Declaration on the Rights of Indigenous PeRights of the Child, as well as the rights of indigenous peoples to access to the benefits of biodiversity as a resource under instruments such as the Convention Concerning Indigenous and Tribal Peoples in Independent Countries and United Nations Declaration on the Rights of Indigenous Perights of indigenous peoples to access to the benefits of biodiversity as a resource under instruments such as the Convention Concerning Indigenous and Tribal Peoples in Independent Countries and United Nations Declaration on the Rights of Indigenouindigenous peoples to access to the benefits of biodiversity as a resource under instruments such as the Convention Concerning Indigenous and Tribal Peoples in Independent Countries and United Nations Declaration on the Rights of IndigenouIndigenous and Tribal Peoples in Independent Countries and United Nations Declaration on the Rights of Indigenous PeRights of IndigenousIndigenous Peoples.

The goal is to always try to go further from the original target, promoting broader and stronger forms of organization and mobilizations of workers, peasants, indigenous, women, youth, faith communities, migrants, intellectuals, artists, human right activists.»

[The Indigenous Network of Environment and Trade] argued that Canada's policy of not recognizing aboriginal treaty rights [in the Canadian - US softwood lumber dispute] was a form of a cash subsidy, a real cash subsidy, because the only thing that the

For instance, a decade before the Declaration was adopted the UN Committee on the Elimination of Racial Discrimination issued an authoritative interpretation of the Convention on the Elimination of All Forms of Racial Discrimination, that called on states to respect Indigenous peoples» right of free, prior and informed consent.

Since the first decision of the United Nations Committee on the Elimination of Racial Discrimination (CERD) in 1999 that the amended Native Title Act is inconsistent with Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination, 182 Social Justice Commissioners have repeatedly recommended legislative reform to make the NTA consistent with the Racial Discrimination Act 1975 (Cth) and other human rights of Indigenous Australians.

Consistent with the International Convention on the Elimination of All Forms of Racial Discrimination (the CERD)[87], Indigenous peoples are entitled to enjoy our property rights free from discrimination.

[C] ulture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples», Human Rights Committee General Comment 23 The rights of minorities (8 April 1994) paragRights Committee General Comment 23 The rights of minorities (8 April 1994) paragrights of minorities (8 April 1994) paragraph 7

The United Nations Committee on the Elimination of Racial Discrimination (CERD), the body which monitors the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, 40 calls upon state parties to the Convention to eliminate racial discrimination in relation to property rights through the return of, or compensation for, land taken from indigenous peoples.

Though presently in draft form, Articles 12 and 13 of the Draft Declaration on the Rights of Indigenous Peoples indicate that Indigenous peoples» cultural rights include the right to the restitution of cultural, intellectual, religious and spiritual property taken without their free and informed consent or in violation of their laws, traditions and customs, and the right to the repatriation of human reRights of Indigenous Peoples indicate that Indigenous peoples» cultural rights include the right to the restitution of cultural, intellectual, religious and spiritual property taken without their free and informed consent or in violation of their laws, traditions and customs, and the right to the repatriation of human rerights include the right to the restitution of cultural, intellectual, religious and spiritual property taken without their free and informed consent or in violation of their laws, traditions and customs, and the right to the repatriation of human remains.

And of course, the passage of the Declaration on the Rights of Indigenous Peoples which articulates our rights as Indigenous peoples, including rights to our own forms of organisation, to be engaged with on a basis of mutual respect and good faith by governRights of Indigenous Peoples which articulates our rights as Indigenous peoples, including rights to our own forms of organisation, to be engaged with on a basis of mutual respect and good faith by governrights as Indigenous peoples, including rights to our own forms of organisation, to be engaged with on a basis of mutual respect and good faith by governrights to our own forms of organisation, to be engaged with on a basis of mutual respect and good faith by governments.

This formed another rationale for land rights: to give effect to the ownership of and connection to land by Indigenous peoples under their traditional laws and customs.

Also in Victoria a media tool (in CD form) developed by the Ballarat and District Aboriginal Co-operative in partnership with the Grampians Regional Area Justice Advisory Council (RAJAC) aims to provide Indigenous prisoners in that State with information about programs and services they can access pre and post release, as well as information about their rights as prisoners.

This work forms part of the Unit's research into the human rights implications of the operation of native title laws in the broader context of Indigenous rights.

The Human Rights Committee, in relation to minority and Indigenous rights under ICCPR explained that countries joining ICCPR must take steps to protect those rights «With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrRights Committee, in relation to minority and Indigenous rights under ICCPR explained that countries joining ICCPR must take steps to protect those rights «With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights under ICCPR explained that countries joining ICCPR must take steps to protect those rights «With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights «With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights of minorities (8 April 1994) paragraph 7.

Since 1966, governments in Australia have progressively recognised different forms of Indigenous land rights.

In the Social Justice Report 2006 I stated that the Declaration (then in its draft form) must be regarded as the centrepiece of Indigenous rights protection at the international level.

That the federal government and COAG adopt the Principles for Indigenous social justice and the development of relations between the Commonwealth government and Aboriginal and Torres Strait Islander Peoples as proposed by ATSIC in Recognition, rights and reform, as forming the framework for negotiations about service delivery arrangements, regional governance and unfinished business.

Yet the obligation placed on Australia at international law to accord this right to Indigenous people has not been effective in ensuring Indigenous people have control over their land, their resources and the form of governance which determines the nature of this control.

Characterising native title as an inherent right deriving from Indigenous laws and customs, was an important aspect of the Mabo decision [65] and represented a breakthrough from other forms of statutory recognition given to Indigenous land rights.

Note: this explanatory note is considered by most Indigenous organizations participating in the negotiations over the Draft Declaration on the Rights of Indigenous Peoples to succinctly state the Indigenous viewpoint, and form the basis of negotiations with governments: doCip, doCip Update, No. 32 - 33 - November 1999 / February 2000, op.cit.

With regard to cultural rights protected under [ICCPR] Article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples.

Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.

It is also inconsistent with decisions in Canada and North America where the imposition of British sovereignty, while diminishing the right of Indigenous people to govern themselves, continues to allow this in various forms.

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 concrights, 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 concrights 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 concrights 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 concrights 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 concrights 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 concrights 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 concRights (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 concRights, 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 concrights 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 concrights, 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 concrights, in consultation and cooperation with the peoples concerned,

In each State (except Western Australia) and the mainland Territories there exists some form of statutory land rights for Indigenous people.

General Recommendation XXIII provides guidelines to a non-discriminatory approach to development, including the provision by State parties of conditions «allowing for sustainable economic and social development compatible with their cultural characteristics» (18) and requiring restitution for the deprivation of Indigenous land providing for «the right to just, fair and prompt compensation [which] should as far as possible take the form of lands and territories».

Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.

The right to self - determination forms the basis on which Indigenous people may share power within the existing state.

The report also considered contemporary forms of separation, and recommended the introduction of national standards and framework legislation incorporating international human rights standards for the treatment of Indigenous children.

Similarly, the Committee on the Elimination of Racial Discrimination has, in its General Recommendation No 23, called upon parties to the International Convention on the Elimination of All Forms of Racial Discrimination [6] to ensure that that no decisions directly relating to the rights and interests of indigenous peoples are taken without their informed consent.

Thus, even though native title is a form of title that only Indigenous people can enjoy, legislation that ensures the equal enjoyment of this property right by Indigenous people is not discriminatory.

The forms that ownership takes in Australia include the recognition of native title rights (pre-existing rights to land that pre date British settlement), federal, state and territory Indigenous land rights legislation (which provide for grants of land from the government), national parks legislation, reserve systems or the purchase of land by the Indigenous Land Corporation and Land Councils.

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.

By particularizing the rights of indigenous peoples, the Declaration seeks to accomplish what should have been accomplished without it: the application of universal human rights principles in a way that appreciates not just the humanity of indigenous individuals but that also values the bonds of community they form...

The CERD Committee found that the 1998 amendments to the Native Title Act (including the restrictions on the right to negotiate) breached the International Convention for the Elimination of all forms of Racial Discrimination in that they failed to ensure the «effective participation» of Indigenous people [Committee on the Elimination of Racial Discrimination, Decision (2) 54 on Australia - Concluding observations / comments, 18 March 1999.

This database should include native title rights and interests and other forms of Indigenous tenure, and lands where tenure resolution is required.

indigenous participation in decision - making on the full spectrum of matters that affect their lives forms the fundamental basis for the enjoyment of the full range of human rights (Un Doc: A / HRC / EMRIP / 2010/2 para 2).

What is significant from a human rights perspective is that the form in which native title is recognised by the common law gives Indigenous law and culture adequate protection so that it can be fully enjoyed to the same extent as non-Indigenous interests.

developments in the international jurisprudence on minority rights by various human rights committees, special rapporteurs and organs of the United Nations (including through the application of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 27 of the International Covenant on Civil and Political Rights to the situation of Indigenous peorights by various human rights committees, special rapporteurs and organs of the United Nations (including through the application of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 27 of the International Covenant on Civil and Political Rights to the situation of Indigenous peorights committees, special rapporteurs and organs of the United Nations (including through the application of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 27 of the International Covenant on Civil and Political Rights to the situation of Indigenous peoRights to the situation of Indigenous peoples);

With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples.

Evaluation of the community justice mechanisms that would best serve Indigenous people is an important area which, like other forms of community capacity - building, deserves in - depth consideration and investigation over an extensive time period and within a human rights framework.

Article 16 of the Declaration on the Rights of Indigenous Peoples spells out clearly that Indigenous peoples have the right to establish their own media in their own languages and to have access to forms of non-Indigenous media without discrimination.

Rather, the focus will be upon developing principles / policies consistently with the human rights of Indigenous people, which Indigenous communities can utilise in determining the relationship they wish to form with mining companies seeking access to and exploitation of resources on Indigenous land.

The interpretation of the Native Title Act 1993, through the High Court decisions in Yorta Yorta and Miriuwung Gajerrong, provide very limited forms of protection and recognition of Indigenous rights and creates a system that is limited in its capacity to deliver land justice to Indigenous Australians.

The threats to indigenous peoples» cultures and lands, to their status and other legal rights as distinct groups and as citizens, do not always take the same forms as in previous times.