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Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights , influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to ...
Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust. The power of Congress to extinguish aboriginal title—by "purchase or conquest," or with a clear statement—is plenary and
He defined the legal argument for a treaty or treaties and Aboriginal sovereignty in his 1987 work Aboriginal Sovereignty, Justice, the Law and Land. [41] In 1990, Pakana lawyer and academic Michael Mansell co-founded the Aboriginal Provisional Government, based on the principle that Aboriginal people "are and always have been a sovereign ...
National Native Title Tribunal definition: [3] [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).
Aboriginal title, also known as native title (Australia), customary title (New Zealand), original Indian title (US), is the common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty. Indigenous peoples may also have certain rights on Crown land in many jurisdictions.
The embassy was established in response to the McMahon Coalition Government's refusal to recognise Aboriginal land rights or native title in Australia, instead offering 50-year general-purpose leases for Aboriginal people which would be conditional upon their "intention and ability to make reasonable economic and social use of land", while ...
The Department of Aboriginal Affairs was founded by the Whitlam government to replace the government agencies responsible for Indigenous affairs, the Council for Aboriginal Affairs, and the Office of Aboriginal Affairs, while also providing a route for self-determination by employing Indigenous Australians. [7]
The term "Aboriginal" was coined by white settlers in Australia in the 1830s, after they began to adopt the term "Australian" to define themselves. No real attempt to define the term legally was made until the 1980s, despite use of the term twice in the 1901 Constitution of Australia, before these were removed following the 1967 referendum ...