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Native title is not a grant or right created by governments. Native title in Australia includes rights and interests relating to land and waters held by Indigenous Australians under traditional laws and customs, and recognised in accordance with the Native Title Act 1993 (Cth). [2]
Self-determination encompasses both Aboriginal land rights and self-governance, [1] [2] and may also be supported by a treaty between a government and an Indigenous group in Australia. [ 3 ] From the 1970s to 1990s, the Australian government supported Aboriginal groups moving from large settlements in remote areas back to outstation communities ...
Since 2007, Australia, Canada, New Zealand, and the United States have reversed their position and now support the declaration. As of February 2020, the United Nations Department of Economic and Social Affairs, Indigenous Peoples describe (A/RES/61/295) as "...the most comprehensive international instrument on the rights of indigenous peoples ...
Indigenous treaties in Australia are proposed binding legal agreements between Australian governments and Australian First Nations (or other similar groups). A treaty could (amongst other things) recognise First Nations as distinct political communities, acknowledge Indigenous Sovereignty, set out mutually recognised rights and responsibilities or provide for some degree of self-government. [1]
Native Canadians was often used in Canada to differentiate this American term until the 1980s. [34] In contrast to the more-specific Aboriginal, one of the issues with the term native is its general applicability: in certain contexts, it could be used in reference to non-Indigenous peoples in regards to an individual place of origin / birth. [35]
National Native Title Tribunal definition: [3] [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).
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.
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]