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Last updated: Tuesday, 4 March 2008 |
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Regular Features
Reader Letters Archived Articles
Indigenous Sites
New Zealand sites
Overseas links
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Indigenous Peoples and the Law is an online institute of law
affecting indigenous peoples. It aims to provide links to the best
and latest articles available on the internet. Original essays and
considered reader responses are also published on this site.
It was founded by Andrew Erueti
and Tom Bennion.
Editor: Rebecca Paton
Web design: Kennett Bros
Hosted by:
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The february 2008 draft negotiated agreement between the Crown and Nga Hapu o Ngati Porou over their tribal interests in the foreshore and seabed. [More...] [Your response] The Federation of Maori Authorities (FoMA) has legal action filed in the High Court challenging the Crown's actions to legislate themselves as a confirmed beneficiary to Crown Forest Lands, $61m in Trust funds, circumventing compensation provisions of the Crown Forest Asset Act (CFAA) 1989 and the appropriate legal process. [More...] [Your response] Maori Fisheries Trust Submission On Shared Fisheries To The Ministry Of Fisheries [More...] [Your response] A New Zealand Herald opinion article by Jock Brookfield: Time for a rethink on Maori customary title revisits the foreshore and seabed debate. [More...] [Your response] Maori Land and Development Finance: This paper examines issues connected with the availability of finance to develop Maori land and the use of Maori land as security for loans, using two case studies. The paper concludes with some remarks about the New Zealand situation that might be relevant and of interest to those working with Indigenous landowning communities in Australia. [More...] [Your response] The Privy Council decision in Ngati Apa Ki Te Waipounamu Trust v. The Attorney General, Maori Appellate Court, Te Runanga O Ngai Tahu (Appeal No. 83 of 2005) [More...] [Your response] Respecting and Valuing Indigenous Rights: an address given at the Human Rights Commission Symposia on Indigenous Rights to mark the International Day of the World's Indigenous Peoples, August 9, 2006, by Joris de Bres and Rosslyn Noonan. [More...] [Your response] Waka Umanga : A Proposed Law for Maori Governance Entitites. The report "Waka Umanaga: A Proposed Law for Maori Governance Entities" contains recommendations for legislation to provide for a new legal entity specifically designed for Maori groups that manage communally owned assets. [More...] [Your response] Custom and Human Rights in the Pacific - Summary Document. The summary document sets out the ideas the Commission has been exploring as to ways in which custom and human rights might be better harmonised in the Pacific. [More...] [Your response] "Protecting Indigenous Culture" a short article by Blair Bevan on how the law of intellectual property relates to indigenous rights. [More...] [Your response] Te Ohu Kai Moana Iwi Decisions Register. This register records decisions made by Te Ohu Kai Moana regarding an iwi's status as a mandated iwi organisation. [More...] [Your response] 'Mission to New Zealand' - Report of Rodolfo Stavenhagen, the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples released 4 April 2006 [More...] [Your response] The new approach revisited: a discussion paper on the Waitangi Tribunal’s current and developing practices. This publication updates the Tribunal’s new approach to the conduct of inquiries into historical claims. It appears in the aftermath of an election in which much attention was focused on the Treaty sector, and especially on accelerating the negotiation of Treaty settlements. [More...] [Your response] The Law Commission's Draft Report on Waka Umanga : A Proposed Law for Maori Governance Entitites [More...] [Your response] The Waitangi Tribunal Report on the Aotearoa Institute claim concerning Te Wânanga o Aotearoa. [More...] [Your response] Treaty settlement deadlines: what will they mean? Damian Stone and Rosalind Dawson examine some of the important issues that will arise from any set deadlines. [More...] [Your response] The Treaty of Waitangi Programme unit within the State Services Commission has launched an email-delivered seminar service covering the Treaty of Waitangi, general NZ history and individual history-makers. [More...] [Your response] The Waitangi Tribunal Offender Assessment Policies Report considers certain policies and procedures used by the Department of Corrections in relation to the assessment of offenders. In particular, it looks at a claim that tools used in the development of programmes that aim to reduce Maori reoffending actually disadvantage Maori offenders. [More...] [Your response] Harold Maniapoto and Dr Tui John Adams, on behalf of the Aotearoa Institute, have filed a claim in the Waitangi Tribunal alleging that the Crown has breached the Treaty of Waitangi in its recent dealings with Te Wananga o Aotearoa through its pursuit of "racially divisive policies". [More...] [Your response] New Zealand political parties' policies on the Treaty of Waitangi. The policy.net.nz website is run independently of any political party and provides links to political parties' websites, and does not analyse or present views on their policy. [More...] [Your response] On 5 September 2005, Nga Kaihautu o Te Arawa Executive Council signed an Agreement in Principle with the Crown, to settle all the historical claims of a large grouping of Te Arawa Iwi and Hapu. [More...] [Your response] Don Brash, leader of the National Party's speech "We are all New Zealanders" delivered on 29 August 2005 calls for an end to race based funding and a repeal of references to the Treaty of Waitangi in legislation. [More...] [Your response] Some Customary Legal Concepts in Maori Traditional Migration Accounts Te Matahauariki Research Institute, October 2004. (Alex Frame and Joeliee Seed-Pihama) [More...] [Your response] Mason Durie: "Race and Ethnicity in Public Policy: Does it Work?" addresses race and ethnicity as visible characteristics of New Zealand society. It concludes that unless policies reflect that reality, diversity will be masked, best outcomes will be compromised, and assimilation will be fostered – as it was in the 19th century. [More...] [Your response] Legal Services (Territorial Customary Rights) Amendment Bill. The purpose of this Bill is to amend the Legal Services Act 2000 to ensure that the Act applies to persons making application to the High Court for territorial customary rights orders under the Foreshore and Seabed Act 2004. [More...] [Your response] The Waimumu Trust (Silna) Report: The Waitangi Tribunal’s report on an urgent inquiry into the Crown’s indigenous forest and SILNA policies, and the Forests Amendment Act 2004. [More...] [Your response] The Court of Appeal decision in Matauri X Inc v Bridgecorp Finance Ltd as delivered on 3 May 2005. [More...] [Your response] The Te Arawa Mandate Report - Te Wahanga Tuarua reports on the reconfirmation of the Te Arawa Executive Council's mandate. The Tribunal found that the Crown did not breach the principles of the Treaty of Waitangi in its monitoring of the reconfirmation process, and in its acceptance of the outcome. [More...] [Your response] An article by Claire Charters and Andrew Erueti discusses the New Zealand Government's response to CERD's decision on the Foreshore and Seabed Act 2004. [More...] [Your response] The Committee for the Elimination of Racial Discrimination review of the Foreshore and Seabed Act 2004. [More...] [Your response] Te Matahauariki Institute papers from a Symposium on ‘Concepts in Polynesian Customary Law'. [More...] [Your response] The Ministry of Justice has produced information on the operation of the Foreshore and Seabed Act 2004 [More...] [Your response] Te Arawa Lakes Settlement: links to settlement documents and a summary of the settlement. [More...] [Your response] The Ngati Awa Settlement: a brief history of Ngati Awa's land confiscation and eventual redress with the Crown. [More...] [Your response] Full text copy of the Foreshore and Seabed Act 2004 [More...] [Your response] Turanga Tangata Turanga Whenua: The report on the Turanganui a Kiwa claims in the Gisborne area. [More...] [Your response] Foreshore and Seabed Bill (129-1)As reported by the Fisheries and Other Sea-related Legislation committee)presented on 4/11/2004. [More...] [Your response] Te Raupatu o Tauranga Moana: Waitangi Tribunal Report on the Tauranga Confiscation Claims. [More...] [Your response] The Cultural, Ethical and Spiritual Dimensions of the Use of Human Genes in Other Organisms. This report contains the Bioethics Council's recommendations following its dialogue on human genes in other organisms, and considers the Maori dimension. [More...] [Your response] Te Arawa Mandate Report, Wai 1150. This report addresses the Crown’s decision to recognise the mandate of Nga Kaihautu o Te Arawa Executive Council (the Council) to negotiate the settlement of all Te Arawa historical claims.The report finds that the Crown failed to carry out a sufficiently active role in monitoring and scrutinising the Te Arawa mandating process, or in assessing the Council’s deed of mandate. The Tribunal concludes that issues of representivity and accountability with respect to the Council have not yet been thoroughly or fully resolved. [More...] [Your response] A summary edition of Healing the past, building a future: an abbreviated guide to the negotiation and settlement of historical grievances under the Treaty of Waitangi. [More...] [Your response] The Tribunal's Mohaka ki Ahuriri Report was released on Saturday 5 June 2004. It covers 20 Hawke's Bay claims spanning a district bounded by the Tutaekuri River to the south, Hawke Bay to the east, the Waiau River to the north, and the inland ranges and the old Hawke's Bay provincial boundary to the west. The claimants were predominantly Ngati Kahungunu, although some identified more or equally with Ngati Tuwharetoa. [More...] [Your response] Human Rights and the Treaty of Waitangi is a website created by the Human Rights Commission to promote dialogue on human rights and the Treaty of Waitangi. There are links to a draft discussion document, case studies and resources. [More...] [Your response] Historical and research information gathered from Maori is too often misused, former Waitangi Tribunal chairman and High Court Justice Eddie Durie says. [More...] [Your response] The Treaty of Waitangi Fisheries Commission's submission on the Fisheries Amendment Bill (No 3). [More...] [Your response] MAORI EXPERIENCES OF THE DIRECT NEGOTIATION PROCESS: a publication by the Crown Forestry Rental Trust outlining the experiences of various tribal negotiators. [More...] [Your response] Michael Cullen (Deputy Prime Minister)'s Speech at the Human Rights Commission Forum addressed the human rights aspects of the foreshore and seabed debate and commented on the role of parliament and the courts in the debate. [More...] [Your response] The Legal Services Agency has introduced a website coordinating government resources online. There is a Maori section providing links to papers on Maori legal issues from government departments. [More...] [Your response] Ngai Tahu have taken a complaint about the foreshore and seabed legislation to the UN. [More...] [Your response] The Attorney General's views on the consistency of the Foreshore and Seabed Bill with the New Zealand Bill of Rights Act 1990. [More...] [Your response] Foreshore and Seabed framework and analysis. This Beehive paper sets out the changes to the foreshore seabed legislation since the December 2003 policy was released. [More...] [Your response] The foreshore and seabed - Mäori customary rights and some legal issues from the Parliamentary Library "Background Note" service. [More...] [Your response] |
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The 14 December 2007 resolution establishing a new UN expert body on the rights of indigenous peoples to advise the UN Human Rights Council. [More...] [Your response] Lajamanu and the Law: this video records the Warlpiri leaders and elders response when a police woman interrupted a Men's Initiation Ceremony for the young men of the Warlpiri. [More...] [Your response] The Asian Development Bank's consultation paper proposing changes to its safety procedures for projects affecting Asian and Pacific Indigenous Peoples. [More...] [Your response] The October 18, 2007 landmark Belize Land Rights decision, recognising the traditional land rights of the Maya and citing the UN Declaration on Indigenous Rights. [More...] [Your response] The UN Permanent Forum of Indigenous Peoples has scanned chapters of the now classic, José Martínez Cobo Final Report on the Study of the Problem of Discrimination Against Indigenous Populations. [More...] [Your response] Interaction between the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and the Native Title Act 1993 / Australia. Office of the Registrar of Aboriginal and Torres Strait Islander Corporations [More...] [Your response] Interaction between the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and the Native Title Act 1993 / Australia. Office of the Registrar of Aboriginal and Torres Strait Islander Corporations [More...] [Your response] Anderson, Dana and Dana: Indigenous land rights, entrepreneurship, and economic development in Canada: “Opting-in” to the global economy. This paper explores business development activities that flow from the later aspect of indigenous land rights in a Canadian context, suggesting that the process is a particular and important instance of social entrepreneurship. [More...] [Your response] Indigenous Land Rights & Resource Management in the Commonwealth Project (2004) publication: conceptualising land rights in the commonwealth. [More...] [Your response] An Entire Culture is at Stake an opinion column in the Age explores the Australian Government's motives for its intervention and introduction of martial law in the Northern Territories aboriginal communities. [More...] [Your response] Negotiation Or Confrontation: It’s Canada’s Choice: Final Report of the Standing Senate Committee on Aboriginal Peoples Special Study on the Federal Specific Claims Process [More...] [Your response] Which 'people' have right to self-determination? Stephen Tenorio Jr considers the potential for a Chamorro plebiscite to conflict with the UN's goals for indigenous peoples. [More...] [Your response] Bropho v State of Western Australia [2007] FCA 519: The claims in these cases are in respect of alleged racial discrimination. Addressing rights of the applicants in relation to ownership and management, the applicant relied on a number of recent decisions in which dicta described the nature of ‘property’ at law both at general law and in a human rights context.” [More...] [Your response] Discontentment Brews Over The Genographic Project. This article has links to commentary and debates on the issue of obtaining genetic information from indigenous populations. [More...] [Your response] Gumana v Northern Territory of Australia [2007] FCAFC 23 (2 March 2007). ABORIGINES – land rights – grant of fee simple estate to land trust – effect of grant in inter-tidal zone – whether exclusive possession – whether excludes power of Northern Territory Director of Fisheries to grant fishing licences in area NATIVE TITLE – inter-tidal zone – non-recognition at sovereignty of exclusive rights of possession in inter-tidal zone – whether a form of extinguishment – whether amenable to operation of s 47A of Native Title Act 1993 (Cth) mandating conditional disregard of extinguishment – native title holders – membership of group – spouses of clan members – access – non-exclusive possession – whether right to control access by other Aboriginal people [More...] [Your response] A Red Tape Evaluation in Selected Indigenous Communities: Final Report for the Office of Indigenous Policy Coordination (Australia). This evaluation of the administrative burden of government funding programs on Indigenous organisations was undertaken between mid-2005 and January 2006. [More...] [Your response] The Report "Hidden Apartheid" was produced as a “shadow report” to the UN Committee on the Elimination of Racial Discrimination (CERD), in advance of its February 2007 consideration of a report by the government of India. The report concludes that indigenous/tribal peoples, the Dalits and the minorities face discrimination because of the action of the State governments. [More...] [Your response] The African Union has expressed concerns about the UN Declaration on the Rights of Indigenous peoples. The concerns include the definitions of indigenous peoples, self-determination, ownership of land and resources, establishment of distinct political and economic institutions and national and territorial integrity. [More...] [Your response] The Inuit Circumpolar Conference (Canada) website contains information about the inuit's stance towards climate change and related issues. [More...] [Your response] Native Title Amendment Bill 2006 addresses representation arrangements and proposes several other changes to the claims resolution mechanisms. [More...] [Your response] Boom and dust lifestyle: Noel Pearson considers the Native Title Act and terms upon which mining takes place in Australia and concludes that the laws and agreements offer no benefits to the indigenous population. [More...] [Your response] Bushmen from the Kalahari desert have won a court case in which they accused Botswana's government of illegally moving them from their land. A copy of the judgment is available from the Editor. [More...] [Your response] Akiba and Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 3) [2007] FCA 39. This application for joinder considers, among other matters, the effect of the Treaty between Australia and Papua New Guinea on a native title application. [More...] [Your response] Senate Legal & Constitutional Committee: Inquiry into the Native Title Amendment Bill 2006 submissions and transcripts. [More...] [Your response] A group of aboriginal people from Hualien, eastern Taiwan were ratified yesterday as the Sakizaya tribe, officially designating them as the country's 13th distinct indigenous group. [More...] [Your response] The full Fiji Human Rights Commission report into the 6 December 2006 assumption of executive authority by the Commander of the Fiji Military Forces. [More...] [Your response] Graeme Neate President of the Native Title Tribunal's speech about the central role of agreement-making in the native title process at the MCA Sustainable Development Conference 2006, held in Perth in November. [More...] [Your response] Native Title Claims Resolution Review a report to the Australian Government which focuses on the process by which native title applications are resolved and examines the role and practices of the National Native Title Tribunal (NNTT) and the Federal Court of Australia. The purpose of the Report is to identify ways to improve the efficiency and effectiveness of the claims resolution process. [More...] [Your response] The UN Special Rapporteur on indigenous rights has recommended that the Declaration on Rights of Indigenous Peoples must be adopted without change to avoid delay. Member states' objections include ambiguity in wording and flaws in the document. [More...] [Your response] The Australian Government has indicated that it wants to change sentencing/bail laws to stop courts from taking into account cultural backgrounds, customary laws or cultural practices. [More...] [Your response] The Senate Committee's report into Bail and Sentencing and associated documents. [More...] [Your response] September 2006 update on progress with the United Nations Draft Declaration of Indigenous Rights [More...] [Your response] The Unrepresented Nations and Peoples Organization (UNPO) is a democratic, international membership organization. Its members are indigenous peoples, occupied nations, minorities and independent states or territories who have joined together to protect their human and cultural rights, preserve their environments, and to find non-violent solutions to conflicts which affect them. UNPO provides a legitimate and established international forum for member aspirations and assists its members in effective participation at an international level. [More...] [Your response] An Australian Federal Court ruling has recognised the native title rights and interests of Western Australia's Noongar people to the Perth metro area. [More...] [Your response] The Concerned Land Claimants’ Organisation Of Port Elizabeth v The Port Elizabeth Land And Community Restoration Association Constitutional Court of South Africa (21 September 2006). This case concerns an association of land claimants who were dispossessed of their land under a racially oppressive law. CCT 29/06 [More...] [Your response] Some legal considerations concerning Saami rights in saltwater: The extent of ownership rights in saltwater areas under Norwegian and international law. [More...] [Your response] The Australian Attorney General's speech to the Native Title Conference 2006 "Tradition and change, Culture and Commerce. Native Title, the Government's Proposals for Reform." [More...] [Your response] Indigenous Governance: The Harvard Project on Native American Economic Development and appropriate principles of governance for Aboriginal Australia by Patrick Sullivan (2006) AIATSIS Discussion Paper No.17 [More...] [Your response] Gray and Sanders, Views from the top of the 'quiet revolution': Secretarial perspectives on the new arrangements in Indigenous affairs in Australia. This paper argues that while the level of senior executive attention being given to Indigenous affairs across a broad range of Commonwealth portfolios is genuinely innovative, there are other aspects of the new arrangements that draw on and rework past experience and well-established ideas in Indigenous affairs. [More...] [Your response] WIPO - Strategic Use of Intellectual Property for Development and Protection of Traditional Knowledge. A presentation by Pushpendra Rai as part of the World Intellectual Property Organisation - Principles and Policy Objectives for Protection of Traditional Knowledge Workshop, 3 April 2006. [More...] [Your response] Who owns native culture? Resources for understanding current debates about the legal status of indigenous culture. [More...] [Your response] Jango v Northern Territory of Australia (includes Summary) [2006] FCA 318 (31 March 2006). This is the first case in the Federal Court in which Aboriginal applicants have sought a determination of compensation as the result of extinguishment of native title over land. [More...] [Your response] The revised version of the United Nations draft Declaration of the Rights of Indigenous Peoples: [More...] [Your response] The UN CERD (racial discrimination) Committee's latest early warning decision in relation to US Indian land rights (the Western Shoshone/Dann case): [More...] [Your response] Australia: Report on the operation of Native Title Representative Bodies (21 March 2006) [More...] [Your response] The website of the European Network for Indigenous Australian Rights (ENIAR) aims to promote awareness on indigenous issues and to provide information for Indigenous Australians about Europe and international organisations. [More...] [Your response] Report of the working Group on the draft declaration on the rights of indigenous peoples. The eleventh session (resumed session) of the inter-sessional working group on the draft United Nations declaration on the rights of indigenous peoples took place from 30 January – 3 February 2006 in Palais des Nations. [More...] [Your response] Mikisew Cree First Nation v Minister of Candian Heritage and others. The Supreme Court of Canada decision addresses the right to consult when treaty rights are affected by a decision to put a road through First Nations land. [More...] [Your response] Cornell University's overview of American Indian law is a useful starting point for researchers interested in locating the main sources of international, state and federal law in this area. [More...] [Your response] Tribal Enrollment: The 9th Circuit Court of Appeals held that the federal government can't force Native American tribes to make decisions on enrollment matters even if the process seems unfair. [More...] [Your response] Website for the "Protection and Repatriation of First Nation Cultural Heritage" research project. [More...] [Your response] Review of the Land Administration Act 1997 tabled in the Western Australian Parliament on 31 August 2005. [More...] [Your response] Disinterested Truth: Legitimation of the Doctrine of Tenure Post-Mabo This article argues that it is time for the complete abolition of feudal tenure in Australian land law and its replacement with an allodial model better able to promote proprietary independence, equality and cultural neutrality. [More...] [Your response] A collection of papers from the Bennelong Society Conference "Remote Aboriginal Communities: Where are the jobs?" [More...] [Your response] Sue Farran and Alexander Su'a, Discriminating on the Grounds of Status: Criminal law and fa'fafine and fakaleiti in the South Pacific. [More...] [Your response] Databank on Indigenous Legislation. This databank contains information on indigenous legislation classified by country and by theme for all countries of Latin America. There are 20 themes and their respective subthemes, covering from cultural diversity, identification criteria and language to land and territories, economic rights and civil registry. [More...] [Your response] Oxfam Australia has released a new report, Land Rights and Development Reform in Remote Australia. The release of the report follows recent proposals suggesting that individual land ownership would boost Indigenous economic development and home ownership, and indications the Federal Government is looking at possible changes to land rights and native title legislation to facilitate this. [More...] [Your response] The WAFIC Native Title Website. The Western Australian Fishing Industry Council ("WAFIC") acts as an industry representative for Western Australian fishing, pearling and crown land aquaculture interests and is an active respondent to native title claims. Its website is of interest to anyone researching or involved in native title claims to the seabead and foreshore areas. [More...] [Your response] R v Marshall; R v Bernard [2005] SCC 43. This case addresses whether Mi’kmaq in Nova Scotia and New Brunswick have treaty right to log on Crown lands for commercial purposes and the standard of occupation and type of evidence required to prove title. [More...] [Your response] The Oklahoma State University Library Electronic Publishing Center has regularly updated digitized volumes of Indian Claims Commission Decisions. [More...] [Your response] The Native American Rights Fund (NARF) website contains useful links to recent cases, the National Indian Law Library, the NARF legal review and newsletters. [More...] [Your response] The Review of the Uniform Evidence Act, at Chapter 17, discusses whether the uniform Evidence Acts should be amended to include a provision dealing specifically with the admissibility of evidence of traditional aboriginal laws and customs. [More...] [Your response] The Tasmanian Legislative Council has passed a law enacting a definition of "Aboriginal Person" in the Aboriginal Lands Amendment Bill 2005 (Tas) (Act Number: 26 of 2005). [More...] [Your response] The "Indigenous Portal" is the Australian Government's window to resources, contacts, information, and government programs and services for Aboriginal people and Torres Strait Islanders. [More...] [Your response] The Australian Corporations (Aboriginal and Torres Strait Islander) Bill 2005 aims to reform the Aboriginal Councils and Associations Act 1976. It was introduced in the House of Representatives on 23 June 2005. [More...] [Your response] De Rose v State of Western Australia (No 2). The final judgment of this case was delivered on 8 June 2005. Important comments are made regarding connection with ancestral land and extinguishment of native title. [More...] [Your response] Lessons from the Tiwi Islands: The need for radical improvement in remote Aboriginal communities. Addresses governance structures created during the last 30 years for remote Aboriginal communities. [More...] [Your response] Sanpine v Koompahtoo Local Aboriginal Land Council [2005] NSWSC 365 concerns a deal with an Aboriginal Land Council and considers several of the statutory requirements for Aboriginal Land Councils. [More...] [Your response] Daniel v State of Western Australia Judge's remarks on making of the Ngarluma/Yindjibarndi native title determination. [More...] [Your response] Native Title Representative Body Lawyer Professional Development Project a research project examining Native Title law and practice focussing on the challenges Native Title Representative Bodies (NTRB) lawyers face while representing the interests of native title claimants. [More...] [Your response] The Aboriginal Law Bulletin (now the Indigenous Law Bulletin) back issues can be found online at Austlii. The dates covered are from 1981 to 1997. [More...] [Your response] Indigenous Cultural and Intellectual Property and Customary Law: a research paper by the Western Australian Law Reform Commission addressing indigenous cultural expression and traditional knowledge. [More...] [Your response] Living on Saltwater Country: A review of literature about Aboriginal rights, use, management and interests in northern Australian marine environments 2004 [More...] [Your response] The Australian Government's "Indigenous Portal" contains resources, contacts, information, and government programs and services for Aboriginal people and Torres Strait Islanders. [More...] [Your response] The decision of the British Columbia Court of Appeal in Musqueam Indian Band v. British Columbia (Minister of Sustainable Resource Management) concerns the scope of the duty to consult and accommodate in the light of the Supreme Court of Canada's decision in the Haida Nation case. [More...] [Your response] The University of New South Wales "Treaty Project" explores the concept of a Treaty Between Indigenous and Non-Indigenous Australians. A resource page has links to the Project's latest issue papers and other international resources. [More...] [Your response] The Indigenous Land Acts Review was established to review the Aboriginal Land Act 1991 (Qld) and the Torres Strait Islander Land Act 1991 (Qld). A discussion paper has been produced. Submissions are due in May 2005. [More...] [Your response] Aboriginal Customary Law: Can it be Recognised? A Western Australia Law Commission publication. [More...] [Your response] The Select Committee on the Administration of Indigenous Affairs report on life after ATSIC addresses the Australian Government's proposed reforms for representation and service delivery in indigenous matters. [More...] [Your response] The decision of the Supreme Court of British Columbia in the matter of Blaney et al v. British Columbia addresses the obligation to consult and accommodate in relation to asserted rights over aquaculture. [More...] [Your response] The Inter-American Commission on Human Rights report on the Maya of the Southern Toledo District of Belize addresses collective rights to traditional lands of the Maya. [More...] [Your response] A New Way of Doing Justice Business? The Law Reform Commission of Western Australia has produced a background paper on community justice mechanisms and sustainable governance in Western Australia. [More...] [Your response] |
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