The Court found that the right of everyone to use and enjoy their property extended to Indigenous
communal ownership of land «through an evolutionary interpretation of international instruments for the protection of human rights».
We recognise the cultural importance of
communal ownership of land, and we are committed to protecting the rights of communal ownership and to ensure that indigenous land is preserved for future generations.
Nor have the principles addressed the cultural context of communities in terms of
communal ownership of land and the economic benefits that can be gained from Indigenous communities» strong connection to their land through an ongoing and vibrant culture.
Also, the emphasis in the Principles on preserving inalienable title, but only in such a way as to maximise benefits to individuals and families, potentially threatens
communal ownership of land.
The destruction of the Jajmani system,
communal ownership of landed property, by the British and introduction of legal land relationship changed the situation of Dalits for the worse.
Not exact matches
Further inland, Ahmad Ghossein's solo exhibition at Marfa» gallery centred on Southern Lebanon, where a complex history
of French colonial rule, local feudalism, and Israeli military occupation has resulted in a system
of land ownership based not on cadastral survey but on
communal consensus.
Similarly, the Prime Minister has given preliminary support to the Principles by endorsing home
ownership on
communal lands and «individual aspiration as a driving force for progress in all sections in the Australian community».50 Such a perspective is inconsistent with research focusing on social capital, which argues that the erosion
of community and shared networks is undermining the progress
of society.
Counter to this view is the fact that
communal Indigenous
land ownership reflects ancient traditional forms
of property in Aboriginal societies, giving expression to Indigenous living cultures.
The Prime Minister announced that the Government is interested in supporting Indigenous Australians turn their
land into wealth, while protecting the rights
of communal ownership and preserving Indigenous
land for future generations.
The debate was spearheaded by the statement issued by Warren Mundine in late 2004 that the
communal nature
of Indigenous
land needs to be altered so that the
land can be utilised to generate wealth for Indigenous people.19 Mr Mundine, a member
of the National Indigenous Council and CEO
of NSW Native Title Services Ltd, criticised
communal ownership under the NSW
land rights legislation saying;
What distinguishes this decision from previous ones is that it recognises the distinctiveness
of Indigenous concepts
of land,
communal ownership and inalienability, while at the same time incorporating these concepts into the non-Indigenous domain
of property.
The «lease» as a form
of land title is being widely advocated as the best means
of providing for home
ownership and as a means
of encouraging economic development on Indigenous
land where the underlying title is Indigenous
communal ownership.
Like the Australian Government's model, the Yarrabah Housing Project is based on the principle
of creating individual leases on
communal land and encouraging Indigenous home
ownership.
... Among indigenous peoples there is a communitarian tradition regarding a
communal form
of collective property
of the
land, in the sense that
ownership is not centred on an individual but rather on the group and its community.
The government's premise was that if Indigenous people were encouraged into private
ownership of communal lands they would be able to build economic independence and wealth, and in doing so alleviate poverty.
The NIC Principles also assume that
communal land ownership rights will not lead to development, and the interests
of the
land will not be protected.
Given the extent
of individual property
ownership opportunities that already exist on communally held
land (outlined in Chapter 2), there may be scope to develop policy and practice and extend the home
ownership programme to
communal lands.
Given the current leasing options, the NIC Principles are in effect redundant as a means to increase private
ownership of Indigenous
land under
communal tenure.
Arguing that Indigenous
land has done little to improve the material wealth and well - being
of its residents, the Government's proposed a regime to subdivide
communal land into individual lease lots and to encourage home
ownership and business enterprise.
The World Bank acknowledges customary title as a means
of facilitating econ omic development and recently noted that «subject to minimum conditions, [customary title] is generally more effective than premature attempts at establish ing formalised structures».38 It should be noted that agricultural use
of land is a key element
of the value
of land in the World Bank analysis, whereas this is not necessarily the case for remote
land held under Indigenous
communal ownership.
The current debate regarding whether or not Aboriginal
lands and
communal ownership inhibits individuals from owning their own home does not adequately focus on whether the
land in question is
land that has been granted by the Crown or
land that is the subject
of native title or both.
The IBA has indicated that they are reviewing options for home
ownership on
communal lands (see also the recommendations contained at the end
of this Chapter).
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.