Finally, respect for human rights obligations, especially the right of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to equality before the
law, including in the enjoyment of the right to
equal treatment before the tribunals and all other organs administering justice [75], calls for the development of principles which address the unique evidentiary issues involved in native title litigation, including the reality of claims based substantially
upon orally - transmitted traditions, the lack of written records of indigenous
laws and customs, the «unsceptical» receipt of uncorroborated historical evidence incapable of being tested
under cross-examination, and the epistemological, ideological and cultural limitations of historical assessments of traditional
laws and customs by non-indigenous commentators.