Does the Declaration give Indigenous peoples greater rights to land beyond those specified in the Native Title Act?
The Declaration requires that governments and Indigenous peoples engage in just and fair processes to negotiate ownership, control and compensation in relation to lands, waters and resources. Article 27 of the Declaration urges governments to establish a ‘fair, independent, impartial, open and transparent process… to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used’. This provision was inserted into the Declaration during the final negotiations by the previous Australian Government. Arguably, the Native Title Act and various land rights acts across the country do this. The Declaration may provide additional impetus for further dialogue about the effectiveness of the Native Title Act.
