Sentences with phrase «effective participation applies»
The right of effective participation applies to the decision to enact and amend legislation in respect of native title.
https://www.humanrights.gov.au/ Not exact matches
This applies both to private praying and effective participation in public worship.
Recommendations made by the study apply fundamental human rights principles of the right to equality before the law, the right to enjoy and maintain a distinct culture and the principle of effective participation, through the recommendations of prior informed consent.
[30] Critically, however, the concepts of effective participation and prior informed consent apply not only at a broad level but to individual events affecting individual communities:
In this chapter the Aboriginal and Torres Strait Islander Commissioner, Dr Bill Jonas expresses concern that the minimum standards which the Commonwealth presently applies to state - based native title regimes do not incorporate the human rights of Indigenous people as expressed through the principles of equality and effective participation (p49).
Applying the expedited procedure to all exploration and prospecting tenures also potentially breaches the human rights principle that Indigenous people should have effective participation in decisions regarding their lands and territories.
It ensures that if the expedited procedure is applied inappropriately, native title parties retain some capacity to enforce their rights to effective participation in decisions affecting their native title.
Applying these rights Indigenous peoples are entitled to development that is non-discriminatory in its impact and in its distribution of benefits; involves the effective participation of Indigenous peoples in defining its objectives and the methods used to achieve these objectives; facilitates the enjoyment of Indigenous peoples» cultural identity, and respects the economic, social and political systems through which Indigenous decision - making occurs.
[41] Given the discriminatory effect of failing to protect Indigenous peoples» right to effective participation regarding developments on their land and the consequent risk that valuable native title rights may be extinguished or impaired, s7 (2)(a) applies to ensure that the Tribunal exercises its powers to hear any objections to the expedited procedure.