Origins and goals of the Native Title Act
On a submission to the Australian Law Reform commission upon the Native Title Act it has been under an objective of amending the results of prior inequities towards the advancement and protection of the Aboriginal persons and Torres Strait Islanders (Acts, 2011). It also undertakes to make certain that they are provided with complete identity as to their rights and interests along with the preservation of their culture. The aim of the Native Title Act 1993 is to gift the right of liberty and life to the natives. It ensures that all accomplishments are valued and rights are enforced for the minority section in Australia (Moreton-Robinson, 2015).
Analysis
Citing the aid of the Mabo conclusion the Native Title act clearly adopts from the United Nations Declaration on the Rights of Indigenous people. Such a declaration is a device for correcting the past failures that cropped up while safeguarding the native persons. The declaration aimed to give the basic necessities for a living and to have a happy and healthy life. It targeted to provide the equality of rights between the classes of mass. The International customary law has vivid similarities (Australian reform commission, 2015).
It is necessary that these diverse communities which are working together all their reviews and interrogations gives an up to date outlook to finalize the system of the native title act. With the provision of equal employment opportunities and also equality of rights and interests in the social, economic, political, cultural backgrounds of their lives, the Native Title Act of 1993 has come a long way in establishing its goals and also to secure peace and justice for the natives under this act. The one thing upon which the act is dependant is that the quantity of the resources supplied for their targets (Castellano, 2014). This entirely depends upon the government of Australia.
Hence it becomes an urgent need that equitable relations are maintained with the head of the state so that no problem arises. It has been put forth by the commission that ALRC does not pay heed to the recommendations but they carry on their tasks in consultation the current native working communities upon the latest needs and references as desired in the contemporary era.
The Native Title Amendment Bill of 2012 puts importance upon the history of the poor and suffered natives and also aim to protect the environment. Proper conduct of the rules and regulations are ensured to be followed. . The connection with the United Nations organization of human rights puts emphasis upon the theories portrayed by the amendment bill of 2011. The UN symbolizes unity with humanity and considers that all the citizens possess equitable rights and interests. Thus it is the duty of the government to embrace all its citizens together and shower them with all the desired rights and interests. This is the prime objective of the UN to bring forth peace and harmony between the states and also between the citizens residing in the state.
Requirements for claiming Native Title under Section 223(1)
Effectiveness
The Native Title Act has been proved to be effective in increasing the involvement of the people to aid the aboriginals from across the nation. The act has been proved to conserve the social norms, traditions, customs and culture of these backward classes of people. It has provided with the rights to gain and safeguard the properties under their names (Kent, 2013). Maintenance of the religiousness as related to the land and other immovable properties is granted with insurance to the upcoming peer group.
A development of the personal ownership upon lands and properties through traditions. There has been an effective restitution of fair trial with fair compensation to the aggrieved. Importance has been laid upon to safeguard and conserve the natural environment, because it is then only that the personal properties could be protected. This is a very noble outlook to protect the future generations.
A specific way and list of regulations are strictly followed by the officials to ensure that the effectiveness of the act is ensured and the aboriginals of the Torres Strait Islands have an adequately good standard of living. The laws of the indigenous people have been identified and given the due importance to (Thornberry, 2013). A support of just and fair legal processes provides identity to the systems of land tenure and assures that the rights of the indigenous people are put at the right place. There has been measures taken by the authorities of this act to bridge the space between the international human rights and the native title act level.
On observing a review upon the system of native title the present scenario works extensively upon the betterment of taxes and other related payments. They also emphasize upon how these payments can have an increased advantage over the native people of the Torres Strait Islanders. A check and various regulations are also imposed upon the organizations and associations which deal with the native people. An overall review of the native title act of 1993 is always recommended to ensure the smooth functioning of the economy and all other facilities towards the indigenous people in general. For the betterment in the functioning strategies, the native title amendment bill has been originated in 2012 which successfully worked to reach it targets.
It has been considered by the Commission that while the other challenges are laid emphasis upon, the challenge from the aspect of the evidence of level of living is needed for the Aboriginal and Torres Strait Islanders. Hence, it proves that there has been an extension of the rights over the lands and other properties including the resources. But before applying for all the norms and standards of living by these natives a clear proof of their identity is required to be provided. The goal of the native title act is to see that all the natives especially the deprived class who have had a torrential past through their ways of life are fully recognized.
Relevance of international customary law and UN Declaration on the Rights of Indigenous Peoples
The goal seeks to include in itself that all these persons are not deprived of anything in the society. Their goal is to see that these people are not restricted or discriminated in any sphere of their lives. The Native Title Act aims to provide a happy and healthy living and also proposes that these people do not face any harsh circumstances in the society and in the competitive market, the reason being only that they are the deprived class of people.
The Native Report of 2011 throws light upon the procedure of giving a detailed relationships between each other and also with the relation to their respective properties. If this procedure is not followed then there can be an imposition upon the natives of Torres Strait islanders and the aboriginals that they have to lead a tougher life. The report has put suggestions upon the present rules and regulations. The abstaining from violence is also desired for a smooth and peaceful functioning of the mechanisms. The section 223 of the above act portrays the relationship of the natives with the land and waters. This is the actual topic of the claim in relation with the customs and traditions.
Section 190 B states that in order to make this relation appear in public there should at least one member present who has had a prior experience of the conventional physical connection with that of those lands and waters. The presence of members settles a standard which prohibits the claimants from frivolous and vexatious claims depending upon the effects of colonization and other factors. There has also been another theory which has been come across after an extensive study that there has been a spiritual connection. This theory has been supported by the native title amendment (reform) bill of 2011. This spiritual relationship or the connection as said earlier has a positive impact towards establishing the identity and the rights of the natives of Australia.
The native title act has went through diverse reviews which clearly puts emphasis upon the flexibility and its enforcement on clear and specific terms. This has paved a way for the future generations of the natives and the aboriginals of Torres Strait islanders to live a life of dignity and pleasure. The effectiveness of the act has made sure that the future generations does not have to look back in past and recollect the harsh memories once witnessed by their ancestors. The native title act of 1993 has made their lives much easier because it has gifted them a life without discrimination from the other citizens of Australia.
Conclusion
After a close perusal of the above information given, it can be stated that the Native Title Act has come a long way in safeguarding the interests of the aboriginals and the people of the Torres Strait Island. Since they have been victims of the past oppression and injustices, they deserve to have a happy and healthy life with their families. The act has proved to be effective in maintaining their rights and interests in the desired ways. Undoubtedly this has widened the horizon for the backward people of Australia to live in peace and harmony.
References
Acts, C.C., 2011. Native Title Act 1993.
Australian Law Reform Commission, 2015. Connection to country: review of the Native Title Act 1993.
Castellano, M.B., 2014. Ethics of Aboriginal Research1. Global bioethics and human rights: Contemporary issues, 273(2), pp. 34-56.
Kent, A., 2013. China, the United Nations, and human rights: The limits of compliance. 4th ed. Pennsylvania: University of Pennsylvania Press.
Moreton-Robinson, A., 2015. The white possessive: Property, power, and indigenous sovereignty. 7th ed. London: Minnesota Press.
Thornberry, P., 2013. Indigenous peoples and human rights. 6th ed. London: Oxford University Press.
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