In this episode we introduce 'Customary Land' and use land related articles from the United Nations Declaration on the Rights of Indigenous Peoples (UN DRIP 2007) to explain its importance in contemporary society.
For example, among the many important Articles in the Declaration:
00:14:16 Article 18 & 19 provide the framework and authority for an Aboriginal Voice' in the current constitutional amendment discussions in Australia.
00:20:29 Article 25 discusses 'ownership', spiritual relationship, and intergenerational responsibilities over customary land, territories, waters and seas. Article 26 & 27 expand this into land tenure systems.
00:23:40 Article 28 provides the framework for restitution and/or compensation relating to Customary Land.
00:28:04 Article 32 sets out the requirements for resource exploitation on Customary Land - this is particularly important for Mining Companies, as well as Banks and Financial Organisations (including Superannuation Funds) and State Governments.
00:33:41 Article 39 provides the basis financial support from States for technical assistance and professional advice (akin to the exemplar of the iTaukei Land Trust Board in Fiji). This is expanded into UN level support in Article 41.
Resources referred to:
UN Declaration on the Rights of Indigenous Peoples
UN Food and Agriculture Organisation Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security
Music: Battle Drums by Kyle Preston
©️ Spike Boydell 2023
Host: Spike Boydell
Website: TheCustomaryLandPodcast.com
Email: contact@thecustomarylandpodcast.com
Royalty free music used in this episode is from my Artlist.io subscription.
DISCLAIMER: The views, insights and opinions shared on the Customary Land Podcast are those of the Host, any Guests, and others they may cite. They do not constitute legal or financial advice and should not be construed as such by any individual, group or organisation. Before undertaking any dealing or action relating to customary land, individuals, groups or organisations should obtain professional advice from a qualified lawyer, experienced valuer and/or certified accountant with specialist expertise in your particular country. Alternatively, you can contact Customary Land Solutions for advocacy, advisory and capacity building solutions for customary and indigenous landowning groups and trusts on land management, leasehold, valuation and resource compensation issues (E: contact@customarylandsolutions.com).