Legal Systems Australia

The term indigenous peoples have a variety of references including first nations, nations and aboriginals. Indigenous peoples are ‘people, communities and nations who claim a historical continuity and cultural affinity with society’s endemics to their original territories that develop prior to exposure to the larger connected civilisation associated with western culture. During the nineteenth century whilst colonisation was taking place throughout the world, indigenous people found it tough to maintain their sense of self-determination, land rights, and sovereignty. This was due to the laws and legal systems put into place, both domestically and internationally. These legal ramifications made it difficult for indigenous people to resurge and regain their sovereignty and land rights.
Self determination is defined by the ICJ as ‘the need to pay regard to the freely expressed will of people’. It embodies the right for all people to determine their own economic, social and cultural development and is a fundamental principle in international law. It has also been recognised in other international and regional human rights instruments such as Helsinki Final Act 1972 and Article 20 of the African Charter of Human and Peoples Rights. Self determination most often does NOT imply succession from the state.
During colonisation sovereignty was severed for indigenous people. Sovereignty is the ability of peoples to have a nation state. It is a continual issue as it requires a nation to surrender its own sovereignty over indigenous peoples and their land. Indigenous peoples that have achieved sovereignty include the Inuit peoples (Canada) and the Nunavut peoples.
Cultural integrity involves the occupation of ancestral lands, passing on of culture, religion, tribal systems and language. It is constantly developing from the historical continuity that particular indigenous peoples have with their land. It includes the right the right to practise and preserve cultural traditions...