Despite the abundant
recognition of the communal and
spiritual nature of Indigenous land rights, it is in fact these very aspects
of title, communality and spirituality, which are often under attack through one stratagem or another.
Indigenous rights to their lands and territories have been a concern
of international law from its origins in the 16th century expansion
of Europe into the New World.24 Today, international law provides strong support for Indigenous peoples» rights to own, control and enjoy their ancestral lands.25 This
recognition of the central place
of land for Indigenous peoples encompasses in particular the communal
nature of such title, and the central significance
of spiritual connection to their country.
The approach
of Justices Lee and North, it is submitted, is consistent with the High Court's previous
recognition of the
nature of Aboriginal connection with land as primarily a
spiritual affair.