Sentences with phrase «recognise indigenous»

The Prime Minister has also raised the possibility of Constitutional reform to recognise Indigenous Australians and has identified processes to improve Indigenous representation.

ongoing community justice mechanisms which recognise Indigenous governance models and return control and decision - making processes to Aboriginal and Torres Strait Islander communities

It was tasked with providing advice on whether, and how best, to recognise Indigenous Australians in the Constitution.

Constitutional reform to recognise Indigenous peoples in the preamble; remove discriminatory provisions from the Constitution and replace these with a guarantee of equal treatment and non-discrimination;

While the legal construction of native title in Australia has diminished the extent to which the law will recognise Indigenous laws and customs and decision - making structures, a broader policy approach to native title can give recognition to Indigenous identity as it manifests in the way of life of a vast array of traditional owner groups throughout this country.

On the view of the majority, the common law alone would not recognise any Indigenous rights offshore.

The preferred preamble may well end up proposing that Australians «recognise Indigenous Australians as the original occupants and custodians» of Australia, as many of the quoted suggestions in this article have proposed, and as this author would recommend.

The first decision to recognise Indigenous people's native title rights and interests over the sea was Commonwealth v Yarmirr, for the Yuwurruma members of the Mandilarri - Ildugij, Mangalara, Murran, Gadura - Minaga, and Ngaynjaharr clans in 2001.

On 11 October 2001, the High Court determined that the Yarmirr people of Croker Island have a native title right to fish in their sea country.2 It was the first Australian decision to recognise Indigenous peoples» right to native title over the sea.

This phrase was directly addressed in the High Court's decision in Yarmirr where the High Court explained that the common law can not recognise Indigenous rights where the two are inconsistent.

The Commission notes that the Declaration includes a number of articles on land and resources, including Articles 25 - 32 which provide for rights to maintain traditional connections to land and territories, for ownership of such lands and protection of lands by the state, establishment of systems to recognise indigenous lands and rights to redress and compensation for lands that have been taken.

Federal and state parliaments around Australia have enacted more than twenty separate pieces of legislation to provide or recognise Indigenous interests in land.

The construction of native title as a bundle of rights and interests, confirmed in the Miriuwung Gajerrong decision, also reflects the failure of the common law and the NTA to recognise Indigenous people as a people with a system of laws based on a profound relationship to land.

Determinations of native title are being made that recognise Indigenous peoples rights and interests in land and waters held under their traditional laws and customs.

The construction of native title as a bundle of rights and interests, confirmed in the Miriuwung Gajerrong decision, reflects the failure of the common law and the Native Title Act to recognise Indigenous people as a people with a system of laws based on a profound relationship to land.

Deadly Choices creates space to celebrate and recognise Indigenous agency, cultural values and identity.

Indigenous health was a big focus on many of the sessions and raised by Shorten, but Labor's vows to work in partnership with Aboriginal and Torres Strait Islander people and recognise Indigenous health leadership would have perhaps resonated even more if an Indigenous health expert had been among the session chairs at the summit.

• The need for Australia to recognise Indigenous sovereignty, and to address the atrocities committed in the past.

While the High Court's decision in the Mabo case rectified the failure of Australian society to legally recognise Indigenous culture and law, the issue which remains to be resolved is the meaning and value that contemporary Australian society will give to Indigenous culture.

It is clear that elements of the Indigenous Partnership Strategy influenced the government's approach in the negotiation of this agreement, including the Government's willingness to recognise Indigenous custodianship of land and actively promote Indigenous participation in cultural heritage, land and natural resource management programs.

Negotiation of agreements that recognise Indigenous governance within their traditional lands

In violation of United Nations principles, Australia's native title laws do not recognise Indigenous peoples» rights to consent over what happens on their country.

The Prime Minister has also raised the possibility of constitutional reform to recognise Indigenous peoples and has identified processes to improve Indigenous representation — two key issues that will impact on the adequacy of rights protection for Indigenous peoples.

Negotiation of agreements should recognise Indigenous governance within their traditional lands

Justice and equality require that the common law recognise Indigenous «social organisation» and «transmute it into the substance of [transferable] rights of property as we know them».

The Commission recommends that s86A (2) of the Water Amendment Bill 2008, be expanded to recognise Indigenous cultural flows as a «critical human water need».

Requiring the court to recognise Indigenous law and culture still leaves it with a discretion as to what meaning to give it.

The High Court rejected this approach of not recognising Indigenous interests in land because their «usage and conceptions of rights and duties» were irreconcilable with «rights of property as we know them».

Free, prior, and informed consent recognises Indigenous peoples inherent and prior rights to our lands and resources and respects our legitimate authority to require that non-Indigenous stakeholders enter into an equal and respectful relationship with us, based on the principle of informed consent.

However, the ATSI Act falls short of recognising Indigenous self - governance or self - determination which can help to ensure full and effective participation and shared ownership of policies and outcomes.

Before native title was recognised in Mabo (No. 2), 43 it was thought that Aboriginal and Torres Strait Islander peoples» interests in land under their own laws and customs could not be given effect in Australian law.44 Until the Mabo decision, land rights legislation provided the only means of recognising Indigenous rights in land within the Australian legal system.

Directly addressing the question of the inalienability of community - owned land, Justice Brennan in the Mabo decision27 considers whether such characteristics would prevent the common law recognising Indigenous people's unique relationship with the land as a proprietary interest.

That is, recognising Indigenous identity in all its complexity; and maximising the capacity of native title to contribute to the economic and social development of traditional owner groups and the communities they live in.

The paper proposed a number of principles for native title agreement making which are aimed at meeting the two pronged challenge of recognising Indigenous identity and maximising economic and social development.

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».

Firstly, the preamble of the Human Rights Act 2004 (ACT) recognises Indigenous peoples as the first people of Australia:

Mabo is not only a case about whether the common law recognises Indigenous people's relationship to their land.

recognises Indigenous governance within their traditional lands including recognition of native title holders as owners or joint - owners and managers of the land

(i) recognising Indigenous peoples» cultural connections to homelands (whether on a visiting or permanent basis) but avoiding expectations of major investment in service provision where there are few economic or educational opportunities; and

Governments should consider the introduction of constitutional and or legislative provisions recognising indigenous rights.

There were positive indications in early court decisions that, in recognising Indigenous relationships to land, the law of native title would retain the essential identity of these relationships as Indigenous.

Our activities began in 1993 after the High Court's historic decision in Mabo v Queensland (No. 2)(1992), which recognises Indigenous peoples» rights to land under the legal concept of native title, and are currently supported through a funding agreement with the Department of the Prime Minister and Cabinet.

Companies are in the process of changing their policies and practices and are taking significant initiatives in recognising Indigenous rights and interests, but they have yet to develop coherent policies, practices and monitoring systems across a range of issues and / or have yet to change their approach to Indigenous peoples in fundamental ways.

The National Water Initiative also commits all States and Territories of the MDB to increasing indigenous representation in water planning; recognising Indigenous peoples water needs, and providing for Indigenous access to water resources; incorporating indigenous social, spiritual and customary objectives and strategies; and acknowledging the possible existence of native title rights to water.

The Social Justice Commissioner developed the following checklist of human rights standards relating to diversion of juveniles, with a particular emphasis on recognising Indigenous rights.

In particular the Declaration affirms and recognises Indigenous peoples rights to maintain and strengthen our relationships with our lands, territories, waters and resources and to ensure their viability for future generations.

«Free, prior and informed consent recognises indigenous peoples» inherent and prior rights to their lands and resources and respects their legitimate authority to require that third parties enter into an equal and respectful relationship with them, based on the principle of informed consent».6

Land and Homelands: Gaining increased access to country and homelands to improve social lifestyles, health and well being and recognising the Indigenous relationship with the land through legislative or other initiatives such as traditional owner joint management schemes and for the Native Title Representative Body to become accountable to the constituents through transparency of its operations and governance.

Their version recognised Indigenous Australians as «the original occupants and custodians of our land».

The reported success of the Family Wellbeing Program in addressing these issues has made it one of the most sought - after and recognised Indigenous empowerment and skill development programs.