Friday, October 16, 2020

Native Title

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"The High Courts recognition of Native Title has ended many indigenous people's sense of exile in their own country" . Native title is the recognition in Australian law that indigenous people had a system of law and ownership of their lands before European settlement. Where the traditional connection to land and waters has been maintained and where government acts have not removed it, the law recognizes this as native title. Some people believe that native title has been a democratic disaster.

In many instances, although land is returned, native title does not create socially viable and economically healthy communities. Some communities still suffer from social or economic problems even after their traditional lands have been returned to them through native title. Although their land rights are recognised native title does not help education, housing and employment of indigenous communities as a whole.

Whilst the introduction of native title and land rights legislation has been seen by many as a democratic disaster, I believe that the benefits to our community have far outweighed the negatives. In a time when reconciliation is so important, the recognition in Australian law of Indigenous Australians' rights and interests in lands and waters according to their own traditional laws and customs has been a very important step towards mutual respect and living in harmony. "Native Title rights can exist and be exercised alongside the rights of other people." Recognition of Native Title does not take away other peoples rights. Native title is a vital step to a future of reconciliation, acceptance, respect and celebration.

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