Relevant bibliographies by topics / Indigenous peoples Land tenure Australia

Academic literature on the topic 'Indigenous peoples Land tenure Australia'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Indigenous peoples Land tenure Australia"

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Gray, Peter R. A. "Do the Walls Have Ears? Indigenous Title and Courts in Australia." International Journal of Legal Information 28, no. 2 (2000): 185–212. http://dx.doi.org/10.1017/s0731126500009070.

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Australia has always been a place of legal pluralism. Before the British colonists brought with them the common law and the statute law of England, there were indigenous systems of law. Indeed, there were very many of them. They did not cease to exist just because English law was imported. Sadly, for over 200 years, their existence was not officially recognised by the Anglo-Australian legal system. In 1992, in Mabo v State of Queensland [No.2], the High Court of Australia did more than “invent” native title. It made this nation officially a legally pluralist one. The common law now recognises, and gives effect to, indigenous law with respect to land tenure and, possibly, with respect to other aspects of life and death as well. Native title is what indigenous law says it is, no more and no less, except to the extent that non-indigenous law operates to “extinguish” or “impair” native title. The first inquiry in any application for a determination of native title must be as to the continuing existence of an indigenous legal system and the manner in which that legal system deals with entitlements in relation to the relevant land. If such a system survives and gives entitlement to people, it must then be asked whether non-Aboriginal law has “extinguished” or “impaired” those entitlements. In truth, this inquiry is as to whether the non-indigenous legal system has withdrawn its recognition of those entitlements, because of its creation of interests, or recognition of activities, incompatible with the continuing existence of indigenous entitlements. The entitlements continue to exist in indigenous law, despite any “extinguishment” or “impairment.”
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Castillo, Greg. "Spinifex People as Cold War Moderns." Contemporaneity: Historical Presence in Visual Culture 4 (August 3, 2015): 71–94. http://dx.doi.org/10.5195/contemp.2015.144.

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Aboriginal Australian contemporary artists create works that express indigenous traditions as well as the unprecedented conditions of global modernity. This is especially true for the founders of the Spinifex Arts Project, a collective established in 1997 to create so-called “government paintings”: the large-scale canvases produced as documents of land tenure used in negotiations with the government of Western Australia to reclaim expropriated desert homelands. British and Australian nuclear testing in the 1950s displaced the Anangu juta pila nguru, now known to us as the Spinifex people, from their nomadic lifeworld. Exodus and the subsequent struggle to regain lost homelands through paintings created as corroborating evidence for native title claims make Spinifex canvases not simply expressions of Tjukurpa, or “Dreamings,” but also artifacts of the atomic age and its impact on a culture seemingly far from the front lines of cold war conflict.
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Barber, M., S. Jackson, J. Shellberg, and V. Sinnamon. "Working Knowledge: characterising collective indigenous, scientific, and local knowledge about the ecology, hydrology and geomorphology of Oriners Station, Cape York Peninsula, Australia." Rangeland Journal 36, no. 1 (2014): 53. http://dx.doi.org/10.1071/rj13083.

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The term, Working Knowledge, is introduced to describe the content of a local cross-cultural knowledge recovery and integration project focussed on the indigenous-owned Oriners pastoral lease near Kowanyama on the Cape York Peninsula, Queensland. Social and biophysical scientific researchers collaborated with indigenous people, non-indigenous pastoralists, and an indigenous natural resource management (NRM) agency to record key ecological, hydrological and geomorphological features of this intermittently occupied and environmentally valuable ‘flooded forest’ country. Working Knowledge was developed in preference to ‘local’ and/or ‘indigenous’ knowledge because it collectively describes the contexts in which the knowledge was obtained (through pastoral, indigenous, NRM, and scientific labour), the diverse backgrounds of the project participants, the provisional and utilitarian quality of the collated knowledge, and the focus on aiding adaptive management. Key examples and epistemological themes emerging from the knowledge recovery research, as well as preliminary integrative models of important hydro-ecological processes, are presented. Changing land tenure and economic regimes on surrounding cattle stations make this study regionally significant but the Working Knowledge concept is also useful in analysing the knowledge base used by the wider contemporary indigenous land management sector. Employees in this expanding, largely externally funded, and increasingly formalised sector draw on a range of knowledge in making operational decisions – indigenous, scientific, NRM, bureaucratic and knowledge learned in pastoral and other enterprises. Although this shared base is often a source of strength, important aspects or precepts of particular component knowledges must necessarily be deprioritised, compromised, or even elided in everyday NRM operations constrained by particular management logics, priorities and funding sources. Working Knowledge accurately characterised a local case study, but also invites further analysis of the contemporary indigenous NRM knowledge base and its relationship to the individual precepts and requirements of the indigenous, scientific, local and other knowledges which respectively inform it.
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Ash, Andrew, and Ian Watson. "Developing the north: learning from the past to guide future plans and policies." Rangeland Journal 40, no. 4 (2018): 301. http://dx.doi.org/10.1071/rj18034.

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The development of northern Australia has been a policy ambition for over a century and the desire to do so continues unabated. Attempts to develop the north, especially for more intensive forms of agriculture are not new. In this paper we explore past agricultural developments, including some that persist today and those that have failed, to determine critical factors in success or failure. This was done with the aim of identifying where most effort should focus in supporting contemporary agricultural developments. Although climatic and environmental constraints, including pests and diseases, remain a challenge for agricultural development in these largely tropical rangelands, it is mainly factors associated with finances and investment planning, land tenure and property rights, management, skills, and supply chains, which provide the critical challenges. In particular, the desire to scale-up too rapidly and the associated failure to invest sufficient time and resources in management to learn how to develop appropriate farming systems that are sustainable and economically viable is a recurrent theme through the case study assessment. Scaling up in a more measured way, with a staged approach to the investment in physical capital, should better allow for the inevitable set-backs and the unexpected costs in developing tropical rangelands for agriculture. There are two notable differences from the historical mandate to develop. First is the acknowledgement that development should not disadvantage Indigenous people, that Indigenous people have strong interests and rights in land and water resources and that these resources will be deployed to further Indigenous economic development. Second, assessing environmental impacts of more intensive development is more rigorous than in the past and the resources and timeframes required for these processes are often underestimated.
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Hansungule, Michelo, and Ademola Oluborode Jegede. "The Impact of Climate Change on Indigenous Peoples’ Land Tenure and Use." International Journal on Minority and Group Rights 21, no. 2 (June 12, 2014): 256–91. http://dx.doi.org/10.1163/15718115-02102004.

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In Africa, owing to a lifestyle that is culturally and collectively dependent on land and its natural resources, indigenous peoples are adversely affected by climate change. This is despite the fact that they contribute least to its cause. While this situation requires the protection of indigenous peoples’ land tenure and use, this is generally not yet the reality in the domestic laws of states in Africa. Premised on four propositions, this article makes a case for a regional policy to safeguard indigenous peoples’ land tenure and use in the light of climate change challenge in Africa. In the main, the propositions are: the indigenous peoples have a distinctive perception of land tenure and use relevant for adaptation and mitigation purposes; the land tenure and use is adversely affected by climate change; there is weak protection of indigenous peoples’ land tenure and use under the national and international climate change response frameworks, particularly the National Adaptation Programmes Plan of Action (napa) documentation as well as land-related Clean Development Mechanism (cdm) and redd+ mitigation initiatives; and there are emerging regional activities with the potential to crystallise into a statement of policy. The proposed policy which should embody detailed normative and institutional safeguards on land tenure and use, the article recommends, can be initiated by the African Ministerial Conference on the Environment (amcen) and the African Commission on Human and Peoples’ Rights (African Commission) for the protection of indigenous peoples facing the adverse impact of climate change in Africa.
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Haryanto, Ririn V., Marthina Tjoa, and Husain Marasabessy. "Hak Tenurial Masyarakat Adat Dalam Pengelolaan Hutan." MAKILA 13, no. 2 (December 21, 2019): 139–49. http://dx.doi.org/10.30598/makila.v13i2.2440.

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The certainty of tenure rights has been a problem related to the use of forests by indigenous peoples. This study aims to identify indigenous peoples' existence and find out the forms of customary tenure rights in forest land management. The method used in this study is a qualitative method with a descriptive analysis to provide a true and accurate picture of the tenure rights of indigenous peoples. Research results show that indigenous peoples are still healthy with traditional institutions, and universal values ​​are always maintained. The tenure system in Wakal is controlled by the State, control by the clan, and control by the individual family. There are forms of tenure rights in the three tenure systems that include ownership rights, tenure rights, exclusive voting rights, and proprietary use rights that are still actively applied in forest management.
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Tjoa, Marthina, Didik Suharjito, Hariadi Kartodiharjo, and Endriatmo Soetarto. "Forest Land Tenure Rights on Indigenous Peoples in Honitetu Village West Seram District, Maluku." Jurnal Sylva Lestari 6, no. 3 (October 2, 2018): 91. http://dx.doi.org/10.23960/jsl3691-102.

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Forest land tenure systems for indigenous peoples are always debated by various parties regarding the overlapping interests and rights of forest land. Objective of this study is to analyze the types of indigenous peoples' rights to strengthen forest land tenure systems in Honitetu Village, West Seram Regency. The research approach used is Participatory Action Research by building constructs of meaning between researchers and society repeatedly to obtain an understanding of the information discussed. Data were obtained through key informant interviews and focus group discussions conducted repeatedly. The analysis was carried out at each stage of the interview and discussion by making categorization of data to get an understanding of each data obtained. The results of study show that the system of forest land tenure in indigenous communities in Honite village includes control by the whole community (petuanan), control by clan groups (soa) and control by individuals (families). In these three systems, various types of rights are attached to managing and utilizing forest resources. The set of rights contained in indigenous peoples will be even stronger if it includes the linkage of longtime dimensions, the dimensions of space for the use of vertical or horizontal space, the dimensions of the subject with fixed ownership and the dimensions of the object include the results of forest land that provides full benefits.Key words: forest land tenure rights, indigenous people, forest management
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Mailissa, Ani, Thomas M. Silaya, Husain Marasabessy, and Mersiana Sahureka. "Kajian Hak Tenurial Masyarakaat Adat Dalam Pengelolaan Hutan di Dusun Melinani Kecamatan Seram Utara Kabupaten Maluku Tengah." MAKILA 15, no. 2 (December 31, 2021): 141–50. http://dx.doi.org/10.30598/makila.v15i2.4842.

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The tenure rights of indigenous peoples over the management of natural resources is an exciting topic because the existence of indigenous law communities depends on forest natural resources. This study aims to find out the types of rights of indigenous peoples in forest management in Melinani Hamlet. The method used in this study is a qualitative descriptive method. The data collection techniques used are interviews and observation techniques. The results of the survey showed the tenure rights of the people of Melinani Hamlet, North Seram District of Central Maluku Regency, included six types of rights, namely extraction rights, management rights, renting rights, guaranteed rights, selling rights, and inheritance rights to access and manage forests in Hkm. The land tenure system is based on petuanan, clan, and individuals with diverse utilization patterns. According to soa Mailissa's predominantly land tenure, the land tenure system includes extraction rights, management rights, and inheritance rights. The marga system by the Mailissa Clan and individually carried out by the head of the family.
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Drbohlav, Petr, and Jiri Hejkrlik. "Indigenous Peoples’ Struggle for Secure Land Tenure in the Philippines: Case Study of Higaonon Tribe in Opol, Mindanao." Asian Social Science 13, no. 7 (June 23, 2017): 38. http://dx.doi.org/10.5539/ass.v13n7p38.

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Indigenous peoples worldwide struggle for control over land and natural resources against encroachment of state interests, external development and commercial pressures such as agribusiness, dams, logging and mining. Their battle to protect land and natural resources is at the same time the struggle to preserve indigenous culture and traditions often inextricably linked to the land itself. The Philippine Indigenous Peoples Rights Act recognizes the indigenous peoples’ rights to their ancestral lands and domains and offers a way of improving their land tenure security. The article employs case study design to illustrate the implementation gap between the rights of indigenous peoples in law and practice and the role different stakeholders play in securing indigenous peoples’ land tenure and dealing with palm oil agribusiness and mining industries’ interests in ancestral domains on the case of Higaonon tribe in Misamis Oriental province, Mindanao. The methodology for data collection was focus group discussions and key informant interviews with representatives of tribal leaders and members, non-government organizations and government bodies. Our results indicate that conflicting laws and mandates of various government bodies and lack of coordination between them, as well as lack of resources and political will to implement the Indigenous Peoples Rights Act are important factors behind slow issuance of ancestral domain titles. At the same time, we show that significant factor in the land tenure insecurity of indigenous peoples is disunity within the tribe and conflicting interests of its members and clans used by companies to further enhance their business interests. r, regarding weaving and finishing the rim, it should be done neatly without visible welded joints, and also 5) the product quality: each part is assembled fixing by leather, inside of the product is attached by cloth as well as filled with leftover fabric. Besides, the sewing should be considerably emphasized the strength to carry weight. In addition, the overall assessment of handcraft vetiver seat cushion model is at a high level.
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Dore, Jeremy, Christine Michael, Jeremy Russell-Smith, Maureen Tehan, and Lisa Caripis. "Carbon projects and Indigenous land in northern Australia." Rangeland Journal 36, no. 4 (2014): 389. http://dx.doi.org/10.1071/rj13128.

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Land activities contribute ~18% of total greenhouse gas emissions produced in Australia. To help reduce these emissions, the Carbon Farming Initiative (CFI) was implemented in 2011 to encourage land projects, which reduce the production of greenhouse gases and/or sequester carbon in the land. Prospective projects include savanna fire management and rangelands management, which have high relevance in northern Australia where Indigenous landholding is strong. This paper explores the land-tenure requirements necessary for these kinds of carbon projects to be approved by the Clean Energy Regulator. It provides an introduction to the CFI before discussing the land tenure requirements in the states of Queensland, the Northern Territory and Western Australia with respect to both emissions reduction and carbon sequestration projects. Potential issues with the current framework are highlighted, especially in relation to native title.
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Dissertations / Theses on the topic "Indigenous peoples Land tenure Australia"

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Toha, Kurnia. "The struggle over land rights : a study of indigenous property rights in Indonesia /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9627.

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Anthias, Penelope. "The elusive promise of territory : an ethnographic case study of indigenous land titling in the Bolivian Chaco." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.707939.

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Besteman, Catherine Lowe. "Land tenure, social power, and the legacy of slavery in southern Somalia." Diss., The University of Arizona, 1991. http://hdl.handle.net/10150/185505.

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This dissertation reconstructs the settlement of the Middle Jubba Valley of Somalia by ex-slaves, their descendents, and other Somalis from 1850 to the present. It is an historical study of the construction of a social identity of the Jubba Valley agriculturalist population, and of the evolution of land tenure and land use patterns in the mid-valley. In examining the effects on valley farmers of new land tenure laws requiring registration of land, it shows how power dynamics are integral to the working of land tenure systems.
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Wawryk, Alexandra Sophia. "The protection of indigenous peoples' lands from oil exploitation in emerging economies." Title page, contents and abstract only, 2000. http://web4.library.adelaide.edu.au/theses/09PH/09phw346.pdf.

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Bibliography: leaves 651-699. "Through case studies of three emerging economies - Ecuador, Nigeria and Russia - this thesis analyses the factors present to a greater or lesser degree in emerging economies, such as severe foreign indebtedness and the absence of the rule of law, that undermine the effectiveness of the legal system in protecting indigenous peoples from oil exploitation. Having identified these factors, I propose that a dual approach to the protection of indigenous peoples' traditional lands and their environment be adopted, whereby international laws that set out the rights of indigenous peoples and place duties on states in this regard, are reinforced and translated into practice through the self-regulation of the international oil industry through a voluntary code of conduct for oil companies seeking to operate on indigenous peoples' traditional lands."
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Harris, Susan L. "Conservation easements on Mexican ejidos an alternative model for indigenous peoples /." Online pdf file accessible through the World Wide Web, 2008. http://archives.evergreen.edu/masterstheses/Accession86-10MES/Harris_SLMESThesis2008.pdf.

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Mainville, Robert. "Compensation in cases of infringement to aboriginal and treaty rights." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30317.

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This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)
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Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.

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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.
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Burn, Geoffrey Livingston. "Land and reconciliation in Australia : a theological approach." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/117230.

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This thesis is a work of Christian theology. Its purpose is twofold: firstly to develop an adequate understanding of reconciliation at the level of peoples and nations; and secondly to make a practical contribution to resolving the problems in Australia for the welfare of all the peoples, and of the land itself. The history of the relationships between the Indigenous and non-Indigenous peoples in Australia has left many problems, and no matter what the non-Indigenous people try to do, the Indigenous peoples of Australia continue to experience themselves as being in a state of siege. Trying to understand what is happening, and what can be done to resolve the problems for the peoples of Australia and the land, have been the implicit drivers for the theological development in this thesis. This thesis argues that the present generation in any trans-generational dispute is likely to continue to sin in ways that are shaped by the sins of the past, which explains why Indigenous peoples in Australia find themselves in a stage of siege, even when the non-Indigenous peoples are trying to pursue policies which they believe are for the welfare of all. The only way to resolve this is for the peoples of Australia to seek reconciliation. In particular, the non-Indigenous peoples need to repent, both of their own sins, and the sins of their forebears. Reconciliation processes have become part of the international political landscape. However, there are real concerns about the justice of pursuing reconciliation. An important part of the theological development of this thesis is therefore to show that pursuing reconciliation establishes justice. It is shown that the nature of justice, and of repentance, can only be established by pursuing reconciliation. Reconciliation is possible because God has made it possible, and is working in the world to bring reconciliation. Because land is an essential part of Indigenous identity in Australia, the history of land in court cases and legislation in Australia over the past half century forms an important case study in this work. It is shown that, although there was significant repentance within the non-Indigenous legal system in Australia, the degree of repentance available through that legal system is inherently limited, and so a more radical approach is needed in order to seek reconciliation in Australia. A final chapter considers what the non-Indigenous people of Australia need to do in order to repent.
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Groke, Veronika. "'Es una comunidad libre' : contesting the potential of indigenous communities in southeastern Bolivia." Thesis, University of St Andrews, 2012. http://hdl.handle.net/10023/2549.

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The thesis is a study of a Guaraní community (comunidad) situated in the Department of Santa Cruz in the southeastern lowlands of Bolivia. The thesis uses the concept of ‘comunidad’ as a focus of investigation. While this concept is one that is familiar and firmly embedded in contemporary discourses throughout Bolivia, the meanings which different people and interest groups attach to it and the purposes which they ascribe to it are far from unanimous. Apart from the physical and legal entity, comprising a group of people, the land on which they live, and the legal title for its ownership, a comunidad is a multifaceted and multilayered complex of diverging and sometimes competing ideas, desires and agendas. Questioning the concept of ‘comunidad’ in this way opens up new perspectives on what people are doing and why that could easily be overlooked in continuing to assume that we know what we are talking about when talking about a ‘comunidad indígena’ in Bolivia today. The thesis explores the case of Cañón de Segura by eliciting and bringing together the various claims and perspectives that impact on the lives of its inhabitants (comunarios). Starting with a historical overview to situate the comunidad within Bolivian and Guaraní history, the thesis moves into an ethnographic discussion of the comunarios’ own perceptions and meanings of ‘comunidad’, followed by an exploration of various outsiders’ perspectives on the same topic that impact on the comunarios’ lives in different ways. The aim of the thesis is to illustrate the overlap and entanglements between these different positions in order to show how the different perspectives on the meaning and purpose of a Guaraní ‘comunidad’ all contribute to shape the actual realities of people’s lives ‘on the ground’.
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Ujma, Susan. "A comparative study of indigenous people's and early European settlers' usage of three Perth wetlands, Western Australia, 1829-1939." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2012. https://ro.ecu.edu.au/theses/547.

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This study takes as its focus the contrasting manner in which the Nyoongar indigenous people and the early European settlers utilised three wetland environments in southwest Australia over the century between 1829 and 1939. The thesis offers both an ecological and a landscape perspective to changes in the wetlands of Herdsman Lake, Lake Joondalup and Loch McNess. The chain of interconnecting linear lakes provides some of the largest permanent sources of fresh water masses on the Swan Coastal Plain. This thesis acknowledges the importance of the wetland system to the Nyoongar indigenous people. The aim of this research is to interpret the human intervention into the wetland ecosystems by using a methodology that combines cultural landscape, historical and biophysical concepts as guiding themes. Assisted by historical maps and field observations, this study offers an ecological perspective on the wetlands, depicting changes in the human footprint on its landscape, and mapping the changes since the indigenous people’s sustainable ecology and guardianship were removed. These data can be used and compared with current information to gain insights into how and why modification to these wetlands occurred. An emphasis is on the impact of human settlement and land use on natural systems. In the colonial period wetlands were not generally viewed as visually pleasing; they were perceived as alien and hostile environments. Settlers saw the land as an economic commodity to be exploited in a money economy. Thus the effects of a sequence of occupances and their transformation of environments as traditional Aboriginal resource use gave way to early European settlement, which brought about an evolution and cultural change in the wetland ecosystems, and attitudes towards them.
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Books on the topic "Indigenous peoples Land tenure Australia"

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Greta, Bird, Martin Gary, Nielsen Jennifer, Southern Cross University. Faculty of Law and Criminal Justice., and Gungil Jindibah Centre, eds. Majah: Indigenous peoples and the law. Sydney: Federation Press, 1996.

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Cunneen, Chris. Indigenous people and the law in Australia. Sydney: Butterworths, 1995.

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Aboriginal title and indigenous peoples: Canada, Australia, and New Zealand. Vancouver: UBC Press, 2010.

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Trouble with tradition: Native title and cultural change. Sydney: Federation Press, 2008.

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Scholtz, Christa Sieglinde. Negotiating claims: The emergence of indigenous land claim negotiation policies in Australia, Canada, New Zealand, and the United States. New York, NY: Routledge, 2006.

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Indigenous Land Use Agreements Conference (1995 Darwin, N.T.). The way forward: Collaboration and cooperation 'in country' : proceedings of the Indigenous Land Use Agreements Conference (26 - 29 September 1995, Darwin, Northern Territory, Australia. 2nd ed. Perth: National Native Title Tribunal, 1996.

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Indigenous Land Use Agreements Conference (1995 Darwin, N.T.). The way forward: Collaboration and cooperation "in country" : proceedings of the Indigenous Land Use Agreements Conference (26-29 September, 1995, Darwin, Northern Territory, Australia). Perth, W.A: The Tribunal, 1996.

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N, Wilmsen Edwin, ed. We are here: Politics of aboriginal land tenure. Berkeley: University of California Press, 1989.

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Baker, Richard Munro. Land is life: From bush to town : the story of the Yanyuwa people. St Leonards, N.S.W., Australia: Allen & Unwin, 1999.

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1946-, Host John T., and Owens Chris, eds. 'It's still in my heart this is my country': The single Noongar claim history. Crawley, W.A: UWA Press, 2009.

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Book chapters on the topic "Indigenous peoples Land tenure Australia"

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Altman, Jon. "Benefit Sharing is No Solution to Development: Experiences from Mining on Aboriginal Land in Australia." In Indigenous Peoples, Consent and Benefit Sharing, 285–302. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-3123-5_15.

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Monterroso, Iliana, and Erin Sills. "Interaction of Conditional Incentives for Ecosystem Conservation with Tenure Security: Multiple Roles for Tenure Interventions." In Land Tenure Security and Sustainable Development, 201–23. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-81881-4_10.

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AbstractThis chapter examines the role of tenure in conditional incentives for ecosystem conservation, often known as PES or payment for ecosystem services. PES systems that mimic market exchange require that resource tenure be clear and uncontested. In practice, there are different levels of conditionality in PES and different types of tenure challenges. REDD+, or Reducing Emissions from Deforestation and Forest Degradation, was initially conceived as a PES system embedded in a global exchange of carbon credits, thus requiring secure forest tenure. We examine one global initiative to achieve that, the Dedicated Grant Mechanism for Indigenous Peoples and Local Communities. Cases in Peru and Indonesia illustrate how tenure interventions can both enable implementation of conditional incentives and become part of those incentives.
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Holland, Margaret B., and Moustapha Diop. "Strategies for Securing Tenure: The Promise and Pitfalls of Formalization." In Land Tenure Security and Sustainable Development, 225–46. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-81881-4_11.

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AbstractIn this chapter, we explore land formalization as a primary mechanism for strengthening land tenure security, initially through an exploration of post-colonial and post-independence large-scale land titling efforts in the Global South. We then explore some common assumptions tied to land formalization, its relationship with tenure security, and how it has reached a current position of prominence on global sustainability agendas. Finally, we discuss the newest generation of efforts to develop more geographically targeted approaches to land formalization, often focusing on the lands of Indigenous Peoples and local communities, to increase tenure security, improve livelihoods, and safeguard ecosystems. We see formalization as remaining an important component of the land tenure security toolbox, but the way it is approached and implemented requires constant reassessment and innovation.
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Harvey, Mark. "Disputation, Kinship and Land Tenure in Western Arnhem Land." In Skin, Kin and Clan: The dynamics of social categories in Indigenous Australia, 107–36. ANU Press, 2018. http://dx.doi.org/10.22459/skc.04.2018.05.

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Broderstad, Else Grete, and Eva Josefsen. "Comprehending the mandate and interactions of land tenure reform in Finnmark, Norway." In Routledge Handbook of Indigenous Peoples in the Arctic, 159–73. Routledge, 2020. http://dx.doi.org/10.4324/9780429270451-12.

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Wensing, Ed. "Dealings in native title and statutory Aboriginal land rights lands in Australia: What land tenure reform is needed?" In Engaging Indigenous Economy: Debating diverse approaches. ANU Press, 2016. http://dx.doi.org/10.22459/caepr35.04.2016.16.

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Abolhasan, Mehran, and Paul Boustead. "UHF-Based Community Voice Service in Ngannyatjarra Lands of Australia." In Information Technology and Indigenous People, 295–97. IGI Global, 2007. http://dx.doi.org/10.4018/978-1-59904-298-5.ch038.

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The Ngaanyatjarra land is located in the Gibson Desert in the state of Western Australia, and is the home of 12 major communities primarily made up of indigenous peoples. These communities are spread over a 250,000 square kilometre radius, with the population of each community ranging from 75 to 450. The remote location of these communities, far from major rural centres, has limited the roll-out of advanced communication technologies. One area of concern has been the limited availability of personal communication services to provide communication links within and between these communities.
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Langton, Marcia, Odette Mazel, and Lisa Palmer. "Agreements Treaties and Negotiated Settlements Database." In Information Technology and Indigenous People, 266–71. IGI Global, 2007. http://dx.doi.org/10.4018/978-1-59904-298-5.ch035.

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The Agreements Treaties and Negotiated Settlements (ATNS) database (www.atns.net.au) is an online gateway and resource that links current information, historical detail and published material relating to agreements made between indigenous peoples and others in Australia and overseas. Designed for use by indigenous and other community organisations, researchers, government and industry bodies, the ATNS database includes information on agreements not only relating to land, but those made in the areas of health, education, research, policy and indigenous relations. Since its public launch in 2003, the database has become an important research facility and is the only resource of its kind in Australia that demonstrates the range and variety of agreement making with indigenous peoples in various jurisdictions.
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Goodall, Heather. "Authority under challenge: Pikampul land and Queen Victoria’s law during the British invasion of Australia." In Empire and others: British encounters with indigenous peoples, 1600–1850, 260–79. Routledge, 2020. http://dx.doi.org/10.4324/9781003076711-13.

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Kral, Michael J. "Resistance and Reclamation." In The Return of the Sun, 101–12. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190269333.003.0004.

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After many years, and for some peoples centuries, of colonial/imperial dispossession of their lives and cultures, indigenous peoples are increasingly gaining momentum in self-determination and collective agency. A spirit is moving, however slowly but strongly, through Indigenous country. It is called indigenism, the international human rights movement for indigenous peoples. This chapter examines how indigenous peoples and Inuit are reclaiming their lives after colonialism. Self-determination and human rights are discussed, as are indigenous social movements. These movements are seen in Canada, the United States, Ecuador, the Philippines, South America, Australia, New Zealand, Norway, Sweden, and other countries. The chapter concludes with a focus on Inuit self-determination, including land claims and self-government.
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Reports on the topic "Indigenous peoples Land tenure Australia"

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Almeida, Fernanda. Legislative Pathways for Securing Community-based Property Rights. Rights and Resources Initiative, May 2017. http://dx.doi.org/10.53892/xmhg7144.

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Governments are increasingly recognizing Indigenous Peoples’ and local communities’ rights to land and resources. Despite increased recognition, there are several shortcomings in the legal frameworks through which governments formally recognize community-based property rights. Building on consultations with legal experts on community rights, recent literature, and a review of over 200 national legal instruments, this paper proposes a framework of analysis to systematically classify and evaluate legal pathways to secure recognition of community-based property rights. The framework considers five key elements common to laws recognizing community-based rights, and helps determine how these rights can be exercised and implemented in practice as well as three common legislative entry points through which legal recognition can take place. Furthermore, to illustrate the variety of legal pathways (and potential advantages and limitations of each) that have been used by national legislators to recognize community tenure rights, the paper also applies this framework to the legal frameworks (or tenure “regimes”) included in the Rights and Resources Initiative’s legal tenure rights database. It concludes that although legal recognition in national systems has advanced in the past decades, it is far from ideal, even in the best cases.
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Who Owns the World's Land? A global baseline of formally recognized indigenous and community land rights. Rights and Resources Initiative, September 2015. http://dx.doi.org/10.53892/nxfo7501.

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The first analysis to quantify the amount of land formally recognized by national governments as owned or controlled by Indigenous Peoples and local communities around the world. Ownership of the world’s rural lands and natural resources is a major source of contestation around the globe, affecting prospects for rural economic development, human rights and dignity, cultural survival, environmental conservation, and efforts to combat climate change. Communities are estimated to hold as much as 65 percent of the world’s land area through customary, community-based tenure systems. However, national governments only recognize formal, legal rights of Indigenous Peoples and local communities to a fraction of these lands. Some countries are in the process of recognizing communities’ rights, and estimates from those countries provide some indication of the size of these gaps in recognition. As demands for land tenure reform increase and national processes to recognize land rights advance, this report provides a baseline that documents the current status of formal, statutory recognition of community-based tenure.
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Scaling-Up the Recognition of Indigenous and Community Land Rights: Opportunities, Costs and Climate Implications. Rights and Resources Initiative, March 2021. http://dx.doi.org/10.53892/qmud8864.

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A growing body of evidence suggests that recognition of the collective tenure rights of Indigenous Peoples, local communities, and Afro-descendants is a powerful and cost-effective strategy for addressing the climate and biodiversity crises. In spite of this, international funding for rights recognition pales in comparison to donor mobilization around alternative solutions to these crises.
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UNDER THE COVER OF COVID: New Laws in Asia Favor Business at the Cost of Indigenous Peoples’ and Local Communities’ Land and Territorial Rights. Rights and Resources Initiative, November 2020. http://dx.doi.org/10.53892/ucyl6747.

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This brief discusses legislative developments during COVID-19 in India, Indonesia, and the Philippines that undermine sustainable human-environment interactions and IPs’ and LCs’ broader enjoyment of their rights over their customary territories. While India, Indonesia and the Philippines have yet to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169) (ILO 169), all three countries have ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Each of these countries has also promoted national-level tenure reforms over lands and forests, though their implementation has been weak.
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Who Owns the Land in Africa? Formal recognition of community-based land rights in Sub-Saharan Africa. Rights and Resources Initiative, October 2015. http://dx.doi.org/10.53892/wlvi2246.

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The question of who owns the world’s lands and natural resources is a major source of contestation around the globe, affecting prospects for rural economic development, human rights and dignity, cultural survival, political stability, conservation of the environment, and efforts to combat climate change. To inform advocacy and action on community land rights, RRI has published Who Owns the World’s Land? A global baseline of formally recognized indigenous & community land rights (“the global baseline”), which identifies the amount of land national governments have formally recognized as owned or controlled by Indigenous Peoples and local communities across 64 countries constituting 82 percent of global land area. The report focuses on community-based tenure regimes, which include any system where formal rights to own or manage land or terrestrial resources are held at the community level, including lands held under customary tenure regimes. This brief summarizes findings on community ownership and control of lands in the 19 countries in Sub-Saharan Africa that were included in the global baseline.
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The Opportunity Framework 2020: Identifying Opportunities to Invest in Securing Collective Tenure Rights in the Forest Areas of Low- and Middle-Income Countries. Rights and Resources Initiative, September 2020. http://dx.doi.org/10.53892/rhaa9312.

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Indigenous Peoples, local communities, and Afro-Descendant Peoples (IP, LC & ADP) — roughly 2.5 billion people — customarily manage over 50% of the global land mass, but governments currently recognize their legal ownership to just 10% (RRI, 2015). Fortunately, there has been progress in addressing this historic injustice in recent years as governments have begun to pass legislation and achieve court decisions to recognize the historic and customary use and ownership of these lands. A recent stock-taking finds that since 2002, at least 14 additional countries have passed legislation that require governments to recognize these rights. Similarly, there have been positive national and regional level court decisions in numerous countries supporting the formal recognition of the collective land and forest rights of Indigenous Peoples, local communities, and Afro-descendant Peoples. RRI research demonstrates that if only 7 countries implemented these new laws, policies, and court decisions, over 176 million hectares would be transferred from government to Indigenous, local community, and Afro-descendant ownership, benefitting over 200 million people (RRI, 2018). The focus of this report, and the Framework itself, is limited to formal recognition of land and forest rights (i.e. delimitation, mapping, registry, etc.). It does not assess the important and subsequent steps of strengthening community or territorial governance, the enforcement of these rights by governments, or the capacities necessary to enable Indigenous, local community, and Afro-descendant organizations to manage or exploit their resources or engage in enterprises or economic development activities – all of which are essential for sustained and self-determined conservation and development. This Framework focuses on the first step in this longer process.
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Securing Community Land Rights: Priorities & Opportunities to Advance Climate & Sustainable Development Goals. Rights and Resources Initiative, October 2017. http://dx.doi.org/10.53892/qfuj1241.

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Today, insecure tenure rights threaten the livelihoods and wellbeing of a third of the world’s population, and with it, the very future of our planet. As the historical stewards of the world’s lands and forests, Indigenous Peoples, local communities, and rural women play a critical role in the management and sustainable use of globally significant natural resource systems. In effect, protecting their rights protects everyone’s right to live in a more just, prosperous, and verdant world. Governments, however, have so far been slow to recognize and secure the collective land and resource rights of rural communities. As a result, even though Indigenous Peoples and local communities customarily claim and manage over 50 percent of the world’s lands, they legally own just 10 percent. In order to eliminate poverty; prevent the spread of social and political conflicts; and ensure progress toward global climate, conservation, and development goals, urgent actions are needed to redress this fundamental injustice. Fortunately, the world has never been better positioned to close this gap.
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Urgency and Opportunity: Addressing Global Health, Climate, and Biodiversity Crises by Scaling-Up the Recognition and Protection of Indigenous and Community Land Rights and Livelihoods. Rights and Resources Initiative, September 2020. http://dx.doi.org/10.53892/pqge1890.

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The legal recognition and protection of the land and territorial rights of Indigenous Peoples (IPs), local communities (LCs), and Afro-descendants (ADs) offers one of the most reliable, efficient, and equitable solutions to the pursuit of global climate and biodiversity commitments and the realization of a safer and more resilient world for all. Backed by a robust body of research showing the transformative socio-ecological impacts of community-based tenure security, new analyses now confirm the global extent of community lands and the tangible opportunities within countries to dramatically accelerate the legal recognition and protection of the customary land and resource rights of communities.
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Building Bridges: Innovations and Approaches to Increase Financing to Indigenous and Afro-descendant Peoples and Local Communities for Climate and Conservation Goals. Rights and Resources Initiative, December 2022. http://dx.doi.org/10.53892/ypxi4263.

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Indigenous Peoples, local communities, and Afro-descendant Peoples must be recognized and supported as key actors and leaders in combatting climate change and conserving the Earth’s natural diversity to have any hope of reaching global climate and biodiversity goals. The men and women in these groups have long stewarded their lands, territories, and resources, across an estimated 50% of the global land area. Scientific studies and local experience have increasingly demonstrated that Indigenous Peoples, Afro-descendant Peoples, and local communities with secure tenure and support are often highly effective stewards of forests and other natural ecosystems, with high levels of ecological intactness and low levels of deforestation in their lands relative to other areas. This paper provides an initial overview of emerging experience with “fit for purpose” approaches to channel resources at scale to collective rightsholders and their supporting organizations to conserve and manage forests and rural landscapes. It draws on presentations and discussions from Path to Scale dialogues, a review of recent, relevant literature, public events and further inputs from Path to Scale participants and RRI coalition members.
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Summary: Community Rights and Tenure in Country Emission Reduction Programs: Status and Risks for the FCPF Carbon Fund. Rights and Resources Initiative, June 2016. http://dx.doi.org/10.53892/asds2069.

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A decade after REDD appeared on the international scene, mechanisms to reduce emissions by protecting forests–activities referred to as REDD+–are finally moving from the idea phase to implementation. One of the more advanced REDD+ initiatives is the World Bank-led Forest Caron Partnership Facility (FCPF) Carbon Fund. However, new research from RRI reveals that the plans submitted by governments to the Carbon Fund fall short where indigenous and community rights are concerned. The 13 submissions reviewed by RRI either fail to recognize the importance of land rights or adequately include local peoples in key decision-making processes. In fact, the World Bank’s requirements themselves fail to prioritize these rights.
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