Login
Register
Print Friendly
Rights to Waters - Who and What are the Beneficiaries of Aquatic Protected Areas
Aboriginal and Torres Strait Islander Commission, CANBERRA, AUSTRALIA
Theme: TH1
The Aboriginal and Torres Strait Islander Commission (ATSIC) is the principal adviser to Governments on Indigenous affairs and it is empowered through a democratic election process by its Indigenous constituency to advance Indigenous rights. Inherent Indigenous rights must be recognised in all areas, including those to the waters and the resources therein. Aboriginal and Torres Strait Islander peoples assert their rights over land, sea, resources and artifacts on the basis that matters of authority and custodianship are agreed within relevant customary law processes . The historical nature of sovereignty asserted by Australia in respect of seas and submerged lands suggests that in the vast majority of cases there can be no other owner of the seabed than native title holders . The Attorney-General of Australia, the Hon. Daryl Williams addressing a conference on environmental law in 2000 said: 'Where native title issues arise, Indigenous Australians have a legally-recognised right to be involved in decisions that affect the environment, beyond those enjoyed by non-indigenous Australians.' … This relatively new dynamic creates both challenges and opportunities. The challenge is to reconcile indigenous and non-indigenous environmental needs and values. The opportunity is to learn from indigenous land management practices and to achieve sustainable development. At present, however, we are not benefitting as we should in this regard and Australia remains diminished in the international arena. It is in Australia's national interest that Indigenous rights and heritage be properly protected as a hallmark of Reconciliation. This may indeed be applicable elsewhere in the World in relation to marine protected waters and aquaculture operations and the adjacent waters.
