Session 09-05: Effectively strengthening indigenous rights HISTORIC TENURE CERTAINTY PROJECT – A TOOL FOR SHARING THE KNOWLEDGE, SHARING THE FUTURE RAELENE.

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Presentation transcript:

Session 09-05: Effectively strengthening indigenous rights HISTORIC TENURE CERTAINTY PROJECT – A TOOL FOR SHARING THE KNOWLEDGE, SHARING THE FUTURE RAELENE WEBB QC President, National Native Title Tribunal Australia Prepared for presentation at the “2015 WORLD BANK CONFERENCE ON LAND AND POVERTY” The World Bank – Washington DC, March 23-27, 2015

Pre 1788

1788

1825

1829

1993

2015

Native Title Act 1993 (Cth) s 223(1) The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where: (a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and (b) the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and (c) the rights and interests are recognised by the common law of Australia.

Traditional Connection Under the traditional laws and customs of the group of indigenous people claiming native title, are their claimed rights and interests based on their traditional connection to the claimed area?

Extinguishment Is “recognition” refused because of actions the government has taken, or allowed others to do, over a particular areas that are inconsistent with native title?

Prohibition on making native title claims

31 December native title determinations made 33 litigated 230 by agreement

31 December Current claimant applications < 5 years (35%) 5-10 years - 40 (12%) years (32%) > 15 years - 68 (21%)

Potential native title extinguishment by current tenure type

Kooma People #4

Current Titles Meeting Place (Web based GIS) Property boundaries Digital Cadastral Databases Historical Tenure Instruments Historical Tenure Databases Stories (Content Providers) Conversations (Collaboration Services) Knowledge (Decision Products) Agreements Project focus ‘Gather stories to support Agreements’

Peter Yu A series of maps based on traditional indigenous knowledge, Western science and official data would be overlaid as comprehensive database of cultural, social, historical and environmental evidence that could form an important element of a postcolonial relationship. These maps should be fundamental to future regional planning and development methodologies.