As a result of these studies the Commissioner was of the view that it would be productive to shift some of the focus of the native title debate from lobbying for change in the legislation, to protecting the human rights of
Indigenous people at the level of actual agreements between native title parties and the mining and resource industries.
The NIRB to support key people in our communities to stand for local, state and federal governments, we need
Indigenous peoples at all levels of government.
Not exact matches
Failing to make much progress
at the state or federal
level, the Keweenaw Bay community has reached out to the United Nations, meeting with James Anaya, the UN's special rapporteur on the rights of
indigenous peoples.
«
Indigenous people are telling us rainfall and river
levels have changed; the fires they're dealing with are different now; and the climate systems they used to depend on for growing crops have become unpredictable,» said Steve Schwartzman, lead author of the study and director of tropical forest policy
at Environmental Defense Fund.
Farmers, unions, social organizations,
indigenous peoples, women and youth (
at the national, regional and global
level) have come together to demand climate justice and fight against the consumerist and extractivist model that, along with the capitalism and neoliberalism systems of the modern world, is harming Mother Earth.
At the global
level, the UN-REDD Programme made a number of significant contributions in the area of MRV, engagement of
indigenous peoples and civil society in REDD + activities, promotion of the multiple benefits of forests, and strengthening interagency collaboration.
Over the past decade, the SkyPower team has built strategic global partnerships with local developers, international leaders, local communities and
indigenous peoples around the world, fostering relationships with stakeholders
at all
levels.
We say this because the division of powers part of the judgement (commencing
at para 98) is full of all sorts of references to two
levels of government (see e.g. para 141) and similar comments about «interlocking federal and provincial schemes» that make it abundantly clear that this Court has given no thought to the space within which
indigenous laws may operate within the modern constitutional order (for recognition that the law making authority of aboriginal
peoples pre-dated the Crown's acquisition of sovereignty, was not extinguished by that acquisition of sovereignty and was not impaired by the division of legislative powers between the federal and provincial governments in 1982 see Campbell v British Columbia (2000), 189 DLR (4th) 333 (BCSC) and Justice Deschamps in Beckman v Little Salmon / Carmacks First Nation, [2010] 3 SCR 103
at para 97).
In this way, Indigenizing the law can contribute to «equality of justice, internal empowerment of
Indigenous peoples at the community
level, and the healing of collective colonial trauma (
at 220 - 221).
At the international
level the United Nations has tasked the Expert Mechanism on the Rights of
Indigenous Peoples with studying access to justice for indigenous pe
Indigenous Peoples with studying access to justice for indigenous peopl
Peoples with studying access to justice for
indigenous pe
indigenous peoplespeoples [1].
In this regard, Canada should adopt measures to promote the active participation of
indigenous women in the design and implementation of initiatives, programs and policies
at all
levels of government that are directed to
indigenous women, as well as those that pertain to
indigenous peoples more broadly.
The new arrangements for engaging with
indigenous people and communities
at the local
level are based on direct engagement and negotiation through Shared Responsibility Agreements (SRAs).
That announcement has precipitated a radical change to service delivery arrangements to
Indigenous people at the federal
level.
That the Ministerial Taskforce on
Indigenous Affairs acknowledge that the absence of mechanisms
at the regional
level for engagement of
Indigenous peoples contradicts and undermines the purposes of the federal whole of government service delivery arrangements.
Mechanisms for representing
Indigenous peoples at the regional
level Mechanisms for representing
Indigenous peoples at the state or territory
level The National structure of the National
Indigenous Representative Body
This section of the paper concludes by considering what issues are raised for the operation of a new National
Indigenous Representative Body in light of these existing mechanisms, as well as in relation to the post-ATSIC arrangements for delivery of services to
Indigenous peoples at the federal
level, which have substantially changed the operating landscape for
Indigenous Affairs.
As noted in section 1 of this paper, a key finding of every review of national
Indigenous representation in Australia has stressed the importance of ensuring a connection between
Indigenous people and communities
at the local and regional
level through to the State / Territory and national
level.
These provide the potential for appropriate types of participation of
Indigenous peoples at the local and regional
levels, depending on how they are implemented.
The 1996 Cape York Peninsula Heads of Agreement agreement [15] between
Indigenous people, pastoralists, and conservation groups shows that,
at a framework
level, native title parties can secure their entitlements and interests in developments on their land.
At the Federal
level in particular there is a reluctance to see native title as a process which should be utilised to obtain economic and social outcomes for
Indigenous peoples.
This will require the full participation and engagement of
Indigenous peoples in decision - making
at all
levels, from the local
level to providing ministerial advice, and it will require governments to change their attitudes towards
Indigenous peoples as stakeholders in the nation.
The Review Team's Discussion Paper canvassed a variety of options for achieving a greater emphasis on regional need and participation of
Indigenous people at the local
level.
Some of the ways in which a new National
Indigenous Representative Body could engage with
Indigenous people, communities and organisations
at the regional and state / territory
level, include:
Chapter 3 of the report then considers developments through the new arrangements
at the federal
level to ensure the effective participation of
Indigenous peoples in decision making that affects our lives.
It is now time to flesh out these commitments to ensure the full participation and input of
Indigenous peoples into government decision making
at the national
level.
As the Social Justice Commissioner has noted in the Social Justice Report 2006, there is a lack of capacity
at the regional
level for
Indigenous peoples to «organise» themselves into a regional structure that the government could then endorse and negotiate with.
I note that through the new arrangements, the Government has made commitments to work in partnership with
Indigenous people and communities, including through regional representative structures and
at the local
level.
future arrangements for
Indigenous representation
at the regional
level and consultation with
Indigenous people across the Northern Territory;
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
Representing
Indigenous people and communities Some of the ways in which a new national body could engage with
Indigenous people, communities and organisations
at the regional and state / territory
level, include:
The Committee made it clear that unless the legislative regimes which affect native title are negotiated with
Indigenous people the Committee will continue to criticise and scrutinise State Parties
at an international
level.
The submission to the ATSIC Review argues that ATSIC's powers
at the national
level should be enhanced to provide increased ability to set national objectives and to monitor and evaluate the performance of other government departments in addressing the service delivery needs of
Indigenous peoples.
«The implications of these decisions are being felt by
Indigenous people and a re-evaluation of the law needs to occur
at the political
level,» said Dr Jonas.
Mechanisms for representing
Indigenous people at the regional, State / Territory and national
level
The Office of
Indigenous Policy Co-ordination (OIPC) is the key agency responsible for co-ordinating and driving the government's
Indigenous policy
at the national
level; developing new ways of engaging with
Indigenous people at the regional and local
level; brokering relationships with other
levels of government and the private sector; reporting on the performance of government programs and services for
Indigenous people to inform policy review and development; managing and providing common services to the
Indigenous Co-ordination Centre (ICC) network; and advising the Minister and Government on
Indigenous issues.
43)- such legislation, which would be structural in form, would have the object of promoting self - determination through consultation and cooperation between governments and
Indigenous peoples at community and regional
levels in respect of the development and implementation of policy and legislation; and
In terms of capacity building, this identifies a challenge to develop a «cultural match» between the structures of ATSIC and
Indigenous peoples at the local
level to ensure that ATSIC is representative and participative.
Negotiation with
Indigenous people must occur
at all
levels.
What mechanisms should exist for the National
Indigenous Representative Body to engage with
Indigenous peoples at the State / Territory
level?
Section 2: Current mechanisms for representing
Indigenous peoples at the national, State / Territory and regional
levels
The new arrangements recognise that, in order to develop policies that are responsive to the aspirations, priorities and decisions of
Indigenous people, there needs to be better community based structures
at the local and regional
level.
As identified by the United Nations Permanent Forum on
Indigenous Issues (UNPFII), Governments must work together
at all
levels with the full participation of
Indigenous people on a «holistic» response to climate change that takes account of not only the ecological dimensions of climate change, but also the social impacts and principles of human rights, equity and environmental justice.
how the «narrow» national leadership will remain connected with the broader base of
Indigenous people and communities
at the local and regional
level through to the State / Territory and national
level; and
OIPC will be responsible for coordinating whole of government policy, program and service delivery across the Australian Government; developing new ways of engaging with
Indigenous people at the regional and local
level; brokering relationships with other
levels of government and the private sector; reporting on the performance of government programs and services for
Indigenous people to inform policy review and development; managing and providing common services to the ICC network; and advising the Minister and Government on
Indigenous issues.
At an international
level I have addressed three separate human rights committees to explain how
Indigenous peoples» human rights have been breached by the NTA.
Chapters 2 and 3 of this report vividly demonstrate the problems that are now crystallising within the new arrangements for service delivery
at the federal
level as a result of the lack of effective participation of
Indigenous peoples.
It is regrettable that Regional Councils, with their ability to communicate widely with
Indigenous people and communities and their experience engaging with service deliverers
at the regional
level, have not been more integrally involved in the introduction of the new arrangements.
In contrast, in South Australia
Indigenous people through their NTRB, the Aboriginal Legal Rights Movement, have participated in developing the criteria by which connection is established
at the administrative
level to enable native title negotiations to commence.
Lessons Learnt from existing mechanisms for representing
Indigenous people at the national, State, Territory and regional
levels
Regional Participation Agreements (RPAs) will set out the regional priorities of
Indigenous peoples, while Shared Responsibility Agreements (SRAs) will focus on needs and aspirations
at the community, family or clan
level.