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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 idea that making land productive serves as the basis of property rights establishes the corollary that the failure to improve land could mean forfeiting property rights. Under Locke's theory, "[e]ven if land is occupied by indigenous peoples, and even if they make use of the land themselves, their land is still open to legitimate colonial ...
[54] Wurundjeri, Yorta Yorta and Taungurung man Andrew Peters expressed the view that "using the phrase ‘traditional owners’ indicates an Indigenous definition of ownership that has never involved monetary payments, title, or exclusive rights, but rather the recognition of thousands of years of respect, rights and responsibilities shared ...
Ancestral domain or ancestral lands are the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indicating relationship to land based on ancestry, while domain indicates relationships beyond material lands and territories, including spiritual and cultural ...
In the 1970s, Indigenous Australians became more politically active, and a powerful movement for the recognition of Indigenous land rights emerged. Also during this decade, the federal government started buying privately-owned land in order to benefit Indigenous communities, and also to create Crown land which would be available for claim. [4]
English law objectified land, making it an object of which the purchaser had ownership of every aspect. Native American law conceived only the possibility of usufruct rights, the right, that is, to own the nuts or fish or wood that land or bodies of water produced, or the right to hunt, fish or live on the land, there was no possibility of ...
Customary land is land held under customary land tenure and the enjoyment of some use of land that arises through customary, unwritten practice rather than through written codified law. [1] It is the tenure usually associated with indigenous communities and administered in accordance with their customs, as opposed to statutory tenure usually ...
Today, Indigenous sovereignty generally relates to "inherent rights deriving from spiritual and historical connections to land". [1] Indigenous studies academic Aileen Moreton-Robinson has written that the first owners of the land were ancestral beings of Aboriginal peoples, and "since spiritual belief is completely integrated into human daily activity, the powers that guide and direct the ...