Land Rights Agreements

Gepostet von am Dez 11, 2020 in Allgemein | Keine Kommentare

Article 16 of CEDAW, which focuses on the elimination of discrimination within the family, calls on States Parties to take all necessary measures to ensure that both spouses enjoy the same rights in the United Nations for property, acquisition, acquisition, administration, enjoyment and transfer (FOOD AND AGRICULTURAL ORGANISATION OF THE UNITED NATIONS). Although land rights are not directly mentioned, the reference to property and property could be considered implicitly relevant to the property in the land. The Committee for the Elimination of Discrimination against Women (CEDAW) emphasized this link in its general recommendation 21 on „equality in marital and family relationships,“ which focuses largely on section 16. The general recommendation indicates that this reference to cultural integrity was echoed in the recent decision of the African Commission on Human and Peoples` Rights (ACHPR) concerning the Endorois community in Kenya. This case concerned the expulsion of the Endorois community from its ancestral lands in the heart of the Great Rift Valley, to create a game reserve, plunge a community of traditional shepherds into poverty and push it to the brink of cultural extinction. In this case, the Aboriginal community asserted that access to its ancestral territory „is considered sacred, in addition to subsistence and livelihoods, and is inseparable from the cultural integrity of the community and its traditional way of life“ (AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS, 2010, period 16). In its decision, the African Commission secured the right to cultural integrity by recognizing that the withdrawal of the indigenous community from its ancestral lands violated its right to cultural integrity based on freedom of religion (Article 8), the right to culture (Article 17) and access to natural resources (Article 21) of the African Charter. In 2016, the NSW government launched the negotiation program, which will facilitate the transfer of Kronland, which is no longer required by the NSW government, to local councils and LALCs. ALAs are used in the management of LALCs as part of this process. People can access Aboriginal land with permission. An authorization is only suitable for access.

It is not suitable for other activities. If you use or operate in an Aboriginal country without a current Section 19 agreement, you may commit an offence under the Aboriginal Land Act (NT), the Land Rights Act or the Criminal Code Act 1983 (NT) and the NLC may have the right to seek compensation for traditional Aboriginal owners. Another recurring theme in the final remarks of the CEDAW Commission is therefore the close relationship between access to land rights and livelihoods such as food and water. In the case of Nepal, for example, the Committee called on the government to „ensure equal access for women to nutritious food and resources by eliminating discriminatory practices, guaranteeing women`s property rights and facilitating women`s access to clean water and fuel“ (United Nations, 2011, item 38). Women, especially in rural communities, have often stressed that land rights must be seen as a central element of their access to water, food and health, and that these land rights are central to supporting not only their livelihoods, but also their children and families.