Conservation and human rights in the context of native title in Australia

Native title is the common law recognition of rights that Australia’s Aboriginal and Torres Strait Islander peoples hold in relation to their country. In this chapter we examine the complexities of native title to highlight what the human rights approach off ers to conservation and where there are limitations. Prior to recognition of native title there were a handful of joint management arrangements for conservation areas that were leased by government on land tenures owned by Aboriginal people. These joint management arrangements were not as explicitly grounded in human rights norms as native title rights. They were partly a response to the land rights movement and partly arranged to give mining companies access to mineral deposits.