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Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. [1]
The Aboriginal Land Rights Act 1976 established the basis upon which Aboriginal people in the Northern Territory could claim rights to land based on traditional occupation. The statute, the first of the Aboriginal land rights acts , was significant in that it allowed a claim of title if claimants could provide evidence of their traditional ...
Following progress on First Nations land rights, European Australian understanding of traditional custodianship improved in the 1980s. In 1981, journalist Jack Waterford wrote of Aboriginal law as a system of "religious obligations, duties of kinship and relationship, caring for country and the acquisition and passing on of the community's ...
Aztec warriors led by an eagle knight, each holding a macuahuitl club. Florentine Codex, book IX, F, 5v.Manuscript written by Bernardino de Sahagún.. Before Europeans set out to discover what had been populated by others in their Age of Discovery and before the European colonization, Indigenous peoples resided in a large proportion of the world's territory.
To protect indigenous land rights, special rules are sometimes created to protect the areas they live in. In other cases, governments establish "reserves" with the intention of segregation . Some indigenous peoples live in places where their right to land is not recognised, or not effectively protected.
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the ...
Aboriginal title is a beneficial interest in land, although the Crown retains an underlying title. [5] The court set out a number of conditions which must be met in order for the Crown to extinguish Aboriginal title. [6] The court, 10 years later, in Tsilhqot'in Nation v. British Columbia, rejected all Crown arguments for Aboriginal title ...
Indigenous rights are those rights that exist in recognition of the specific condition of indigenous peoples.This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people.