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Pitfalls and Pipelines - Philippine Indigenous Peoples Links

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170 <strong>Pitfalls</strong> <strong>and</strong> <strong>Pipelines</strong>: <strong>Indigenous</strong> <strong>Peoples</strong> <strong>and</strong> Extractive Industries<br />

34<br />

Ibid.<br />

35<br />

“Mabo v Queensl<strong>and</strong>.” No. 2, 1992, 175 CLR 1.<br />

36<br />

“Wik <strong>Peoples</strong> v State of Queensl<strong>and</strong>.” 1996, 187 CLR 1.<br />

37<br />

See http://www.australianpolitics.com/issues/aborigines/<br />

amended-10-point-plan.shtml <strong>and</strong> Wikipedia entry on Native<br />

Title Amendment Act 1998, http://en.wikipedia.org/wiki/<br />

Native_Title_Amendment_Act_1998.<br />

38<br />

Members of the Yorta Yorta Aboriginal Corporation v Victoria [2002]<br />

HCA 58.<br />

39<br />

“Western Australia v Ward.” 2002, 213 CLR 1.<br />

40<br />

“Native Title Act 1993 (Cth).” Preamble, p. 2.<br />

41<br />

At a reconciliation convention in May 2000, the government opposed<br />

the wording of a proposed “Australian Declaration towards<br />

Reconciliation,” with the Howard government preferring reference be<br />

made to “practical reconciliation” that focuses on health, education,<br />

housing <strong>and</strong> employment, rather than the more symbolic proposal for<br />

an apology, a major recommendation from the 1997 “Bringing them<br />

Home” Report.<br />

42<br />

N. Pearson, 2009, “Opening Address.” Brisbane Writers Festival, 16<br />

September.<br />

43<br />

Queensl<strong>and</strong> Wild Rivers Act 2005 helps ensure that certain rivers in<br />

Queensl<strong>and</strong> are protected. While the legislation states that traditional<br />

<strong>and</strong> cultural activities are not affected, indigenous activists, such as<br />

Noel Pearson, argue that the legislation inhibits the rights of indigenous<br />

peoples to pursue economic development opportunities.<br />

44<br />

As part of the government’s response to the 1992 High Court decision<br />

on native title, the Acting Prime Minister sought the formal views<br />

of the Aboriginal <strong>and</strong> Torres Strait Isl<strong>and</strong>er Commission on further<br />

measures that should be considered to address the dispossession of<br />

Aboriginal <strong>and</strong> Torres Strait Isl<strong>and</strong>er peoples. The resulting report<br />

formed part of the government’s three policy responses, which included<br />

a commitment to further social justice measures for <strong>Indigenous</strong> peoples<br />

in acknowledgment of continuing disadvantage <strong>and</strong> dispossession.<br />

45<br />

Robert McClell<strong>and</strong>, 2008, “Commonwealth Attorney General, speech<br />

to the Negotiating Native Title Forum.” Brisbane, 29 February.<br />

46<br />

Ibid.<br />

47<br />

Minister Jenny Macklin, Minister for Families, Housing Community<br />

Services <strong>and</strong> <strong>Indigenous</strong> Affairs.

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