Indigenous Crown Relations Parliamentary Secretary Yvonne Jones defends her government's approach to
an Indigenous rights framework.
Not exact matches
It's important to note that one of the key recommendations of the Commission is for Canada to use the UN Declaration on the
Rights of
Indigenous Peoples as the
framework for reconciliation.»
Perhaps in keeping with its professed goal of reconciliation with Canada's aboriginal people, the federal government chose Valentine's Day to announce the creation of a new legal
framework for the
rights of
indigenous peoples in Canada.
If the Inquiry does not adopt a human
rights framework, it will not be able to make a lasting difference in the lives of
Indigenous women and girls, bring meaningful changes to government conduct or recommend law reform that will meet human
rights standards.»
Given the priority placed by the federal government on renewing the relationship between Canada and
Indigenous peoples «based on recognition,
rights, respect, co-operation, and partnership» these and other approaches should be the subject of government - to - government discussions to shape our new legislative
frameworks, informed by the outcomes from the public reviews.
FSIN Chief Bobby Cameron is not convinced First Nations have been consulted enough over Ottawa's proposed
framework initiative on
Indigenous rights.
The NICC Project is currently working in partnership with the Commonwealth Scientific and Industrial Research Organisation (CSIRO), Monash University, the Australian Human
Rights Commission (AHRC), corporate and industry partners, and various
Indigenous communities to develop an opportunities
framework to assist
Indigenous Communities in Australia respond to climate change.
This then raises the third way in which
Indigenous people's inherent
rights to land can be relocated out of the NTA and into a human
rights framework: through a treaty.
Human
rights provide an enabling
framework that promotes active engagement of
Indigenous peoples through partnerships, shared decision making and ultimately shared responsibility for outcomes.
Free, prior and informed consent and the Engaging Communities guidelines provide a clear
framework for ensuring effective participation of
Indigenous communities in decisions affecting their
rights and interests.
Indigenous perspective is given some space (though not as much as human
rights framework) under the notion of sustainable development and social responsibility principles.
Australia is a party to a number of human
rights conventions whose standards, particularly those relating to the human
rights of
Indigenous peoples, could provide a regulatory
framework for the protection of genetic information in relation to the following issues:
The
Indigenous perspective can operate within human
rights framework in respect of
rights to equality; self - determination; effective participation; development; cultural protection.
The necessary components of this
rights - based approach include: the development of agreed targets and benchmarks, an evaluative
framework to assess whether the «progressive realisation» principle is being met, and a people - centred approach which values the full participation of
Indigenous peoples in the process.
an evaluative
framework to assess whether the
rights of
Indigenous peoples are being «progressively realised», so that we can be confident that government efforts are effective, well targeted and taking place at the maximum level possible; and
Chapter 4 of this report discusses the existence of what is being referred to internationally as the «implementation gap» 4 between the human
rights obligations accepted by government and their application in domestic policy
frameworks for
Indigenous issues.
The Committee acknowledges that significant progress has been achieved in the enjoyment of economic, social and cultural
rights of
Indigenous peoples, through the COAG
framework and the national strategy on
Indigenous violence; the diversionary and preventative programs aimed at reducing the over representation of young people in the criminal justice system; and the abrogation of mandatory sentencing in the Northern Territory.
This cultural
framework provides
Indigenous communities with an important market advantage but will only be maintained if
Indigenous communities can protect their
rights and interests in land in way that supports the ongoing exercise and enjoyment of culture.
Second, when
Indigenous rights are in fact recognised, the overarching
framework of non-
Indigenous values and interests constantly affects the understanding, application and enjoyment of those
rights.
Issues that can be addressed through agreements consistent with human
rights principles include meaningful acknowledgement of
Indigenous interest in the relevant area, recognition and protection of contemporary cultural practices, allowing (and where necessary, assisting) the involvement of all native title holders who may be affected by outcomes of any
framework agreement, and ensuring a cooperative approach to implementing any agreement.
The report highlights the differences between self - determination and self - empowerment; practical reconciliation and progressive realization and a
rights framework for addressing
Indigenous disadvantage; and by considering international developments in the recognition of
Indigenous rights.
A human
rights based approach to development will also recognise that
Indigenous cultures vary considerably across Australia, and as a result there are a diversity of governance
frameworks.
In Australia's current legal
framework there are limited avenues for
Indigenous people to hold the government to account for access to their human
rights.
The Territory will work with the Australian Government to examine national and international policy linkages under the Carbon Pollution Reduction Scheme and the Kyoto and post-Kyoto
frameworks for climate change and
Indigenous land
rights.
In supporting the Declaration, the government has committed to a
framework which fully respects
Indigenous peoples»
rights and creates the opportunity for
Indigenous and non-
Indigenous Australians to be truly equal.
An important component of the human
rights challenge for twenty first century Australia will be to establish a forum or
framework through which genuine partnership can be negotiated between
Indigenous peoples and the governments of Australia.
Alongside these processes should be the negotiation of a
framework agreement (or treaty) at the national level, and negotiation of agreements at the regional and local levels recognising
Indigenous rights and dealing with «unfinished business».
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.
Commercial agreements negotiated by
Indigenous parties in the resource sector, state and regional -
framework agreements relating to service delivery and a comprehensive agreement making approach negotiated as a result of
rights, conferred by the beneficial effect of Mabo and subsequently the NTA, are increasingly important in the political and legal landscape of agreement making in Australia.
The recognition of native title is an opportunity to re-frame the protection of
Indigenous heritage within the broader
framework of a human
right to enjoy one's culture.
However, in the Social Justice Report 2006 I identified that an «information gap» exists in Australia that inhibits the use of a human
rights framework by many
Indigenous peoples and other civil society groups.
While the recognition of native title offered an opportunity to reframe the protection of
Indigenous heritage within the broader
framework of a human
right to enjoy one's culture, governments have squandered this opportunity.
This legal
framework needs to change to allow the human
rights of
Indigenous people to be equally enjoyed.
The immense difficulty
Indigenous people face in having their traditional commercial fishing
rights recognised under the Native Title Act may prove to be another example of how
Indigenous peoples» ability to use native title
rights and interests for economic development is frustrated by the very nature of the
rights recognised, and the legal
framework of native title.
In its recent decision in Awas Tingni, [20] the Inter-American Court of Human
Rights held that the right of everyone to the use and enjoyment of their property in article 21 of the American Convention on Human Rights: «[t] hrough an evolutionary interpretation of international instruments for the protection of human rights... protects property in a sense which includes, amongst other, the rights of the members of the indigenous communities within the framework of communal property&r
Rights held that the
right of everyone to the use and enjoyment of their property in article 21 of the American Convention on Human
Rights: «[t] hrough an evolutionary interpretation of international instruments for the protection of human rights... protects property in a sense which includes, amongst other, the rights of the members of the indigenous communities within the framework of communal property&r
Rights: «[t] hrough an evolutionary interpretation of international instruments for the protection of human
rights... protects property in a sense which includes, amongst other, the rights of the members of the indigenous communities within the framework of communal property&r
rights... protects property in a sense which includes, amongst other, the
rights of the members of the indigenous communities within the framework of communal property&r
rights of the members of the
indigenous communities within the
framework of communal property».
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.
Where the State is sincere about transforming the economic and social conditions in which
Indigenous peoples live in Australia, native title can provide an opportunity to lay the foundations for development within the
framework of traditional laws and customs and consistently with international human
rights principles.
The Report also recommended that governments amend relevant legislation and policy, such as the Native Title Act, Cultural Heritage legislations and various land
rights regimes, to ensure consistency with such a national legislative regime
framework, and that this should extend to all legislation that related to
Indigenous peoples and their
rights and interests, including education.
In the Native Title Report 2010 I discussed how the United Nations Declaration on the
Rights of Indigenous Peoples (the Declaration)[1] will be the overarching framework to inform my work relating to our rights to our lands, territories and reso
Rights of
Indigenous Peoples (the Declaration)[1] will be the overarching
framework to inform my work relating to our
rights to our lands, territories and reso
rights to our lands, territories and resources.
[252] This progress report encompasses the international human
rights framework and outlines
Indigenous peoples» internal decision - making and our participation in decision - making with State and non-State institutions.
3.3 That the Australian Government work with Aboriginal and Torres Strait Islander peoples to develop a consultation and engagement
framework that is consistent with the minimum standards affirmed in the United Nations Declaration on the
Rights of
Indigenous Peoples.
I also discuss the progress of the
Indigenous Human
Rights Network Australia, the Australian Government's engagement
framework and the Close the Gap Campaign for Health Equality.
3.5 That the Australian Government work with Aboriginal and Torres Strait Islander peoples to develop a national engagement
framework that is consistent with the minimum standards affirmed in the United Nations Declarations on the
Rights of
Indigenous Peoples.
Importantly, this chapter also explores the value of a UPR monitoring mechanism based on the
framework provided by the United Nations Declaration on the
Rights of
Indigenous Peoples (the Declaration).
That Aboriginal and Torres Strait Islander communities and their organisations work together to develop engagement and governance
frameworks that promote cultural safety and comply with the United Nations Declaration on the
Rights of
Indigenous Peoples.
work with Aboriginal and Torres Strait Islander peoples to develop a consultation and engagement
framework that is consistent with the minimum standards affirmed in the United Nations Declaration on the
Rights of
Indigenous Peoples.
Chapter 2: The United Nations Declaration on the
Rights of Indigenous Peoples: a framework for Australian Indigenous rights protection PD
Rights of
Indigenous Peoples: a
framework for Australian
Indigenous rights protection PD
rights protection PDF Word
For me as Social Justice Commissioner, specifically charged by statute to report on the effect of the Native Title Act upon the human
rights of
Indigenous Australians, the challenge is to develop a
framework that recognises the distinctiveness of
Indigenous identity as it is shaped by our adherence to traditional laws and customs, while at the same time seeking to maximise the capacity of native title to contribute to the economic and social development of traditional owner groups and the communities they live in.
Human
rights principles build a
framework for economic and social development to occur within the cultural and political boundaries established by
Indigenous peoples» traditional laws and customs.
The role of the Council is to «oversee the application of the Doing it
Right policy
framework and report to the Premier».35 Members of the Council include the «Minister for
Indigenous Affairs, representatives from the ATSIC State Council, leaders of land councils, other Aboriginal peak bodies and community leaders».36 It is undecided at this stage how the gap left by the ATSIC representatives will be filled.