Aboriginal Land Agreement Negotiation Framework

6.5 A partial agreement of the agreement in principle is concluded by the contractors for consideration as soon as it is signed by the chief negotiators. 51. Native Title Process Agreement, Quandamooka Land Council Aboriginal Corporation and Redland Shire Council, op.cit., clause 6.2 b) International human rights principles recognize that indigenous peoples are entitled to effective participation in decisions concerning their traditional country. With regard to the negotiations on national titles, this right should be established: 6.3 After the agreement of the chief negotiators, the parties can: to avoid an exception to the contractual rights of the natives, they must be enshrined in the Constitution. In its 1983 report, the Senate Standing Committee on Constitutional and Legal Affairs proposed two Hundred Years Later to include in the Constitution a clause modelled on s105A, in which the Commonwealth has the power to enter into agreements with representatives of the Aborigines and the Torres Strait Islander. This proposal remains a viable option to ensure that contractual rights are applicable to all parliaments. [62] In New South Wales, the NSW Aboriginal Land Council and the NSW Minerals Council signed a protocol for negotiating exploration and mining agreements for NSW. The Western Australian Abnative Native Title Working Group (WAANTWG) proposed that Aboriginal parties submit a negotiating report rather than a liaison report to clarify issues between the Aboriginal groups concerned about the interests that should be addressed under framework agreements and the negotiations that flow from them. I am pleased to note that aspects of the WAANTWG proposal are expressed in the final report of the mural revision, with the proposal that governments encourage the development of a report by local title applicants dealing with the issues to be resolved and the results they seek. [37] The agreements provide an opportunity to restore to indigenous peoples the power to decide on membership in a group and are consistent with the principle of human rights set out above, namely the self-identification of indigenous peoples.

The framework agreed with the NSWALC is that the agreement documents, recognizes and respects the competing interests in the Cape York area: the “great” approach to focal claims, the Crown and negotiated framework agreements can ensure that Aboriginal interests are recognized by adopting the principle of non-suppression as a minimum standard on which relations between Aboriginal and non-Aboriginal interests can be based on land. It is encouraging to acknowledge the government`s support for this principle, as shown by the submission by the Attorney General of the Commonwealth of Inquiry into ILUA by the Joint Parliamentary Committee for the BB for Indigenous Peoples and the Aboriginal Fund and Torres Strait Islander Land Fund: the principle of non-suppression, which led to an agreement between the indigenous peoples of the Cape York and Comalco region. , went so far as to recognize Aboriginal interests, although it was likely that, by law, the native title had been removed.

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