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The Native Title Act was passed following the High Court of Australia decision of Mabo v Queensland, [4] which recognised for the first time that Indigenous people had rights to land sourced from their continuing connection to it and that these rights are recognised under Australian common law. Where these rights had not been extinguished ...
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 ...
Canada and the United States have assimilated Indigenous peoples via Indian termination policies, in which incentives are offered for Indigenous peoples to renounce Indigenous rights in exchange for benefits such as citizenship rights. Furthermore, Canada removed Indigenous rights if an Indigenous woman married a non-Indigenous person, an ...
The United Nations Declaration on the Rights of Indigenous Peoples Act [a] (French: Loi sur la Déclaration des Nations Unies sur les droits des peuples autochtones, also known as UNDA or formerly Bill C-15) is a law enacted by the Parliament of Canada and introduced during the second session of the 43rd Canadian Parliament in 2020. [1]
The Australian Human Rights Commission supports recognition of Aboriginal and Torres Strait Islander peoples in a preamble to the Constitution. [ 29 ] The call for a treaty is related to constitutional recognition of prior ownership of the land, as it reinforces the symbolic recognition of sovereignty of the original owners: a treaty is "a ...
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 or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. [1] These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" negotiations as legal ...