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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
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).
Indigenous rights are those rights that exist in recognition of the specific condition of indigenous peoples.This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people.
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), [2] is a United States federal agency within the Department of the Interior.It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives, and administering and managing over 55,700,000 acres (225,000 km 2) of reservations held in trust by the U.S. federal government for ...
Aboriginal title to land can be described by two main characteristics. First, aboriginal title provides a right of exclusive use and occupation over the land held. The purposes for which the land is held does not need to be limited to aboriginal practices, customs and traditions that are integral to distinctive aboriginal cultures. [11]
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 ...
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 ...