As a result of this «inherent» limitation in the common law, that in the context of native title it only recognises»em pirical facts and behavioural data», there is no recognition of a
spiritual level within Indigenous culture which transforms physical activities or presence
on the
land into a system of laws.
[t] hrough the Article
on self - determination, the Declaration recognises the entitlement of Indigenous peoples to have control over their destiny and to be treated respectfully... We support Indigenous peoples» aspirations to develop a
level of economic independence so they can manage their own affairs and maintain their strong culture and identity... We also respect the desire, both past and present, of Indigenous peoples to maintain and strengthen their distinctive
spiritual relationship with
lands and waters... [and][w] here possible, the Australian Government encourages
land use and ownership issues to be resolved through mediation and negotiation rather than litigation.