Realising the right of Indigenous peoples to development through common law recognition of Aboriginal resource rights

Abstract

The underdevelopment of Indigenous communities worldwide is well known. The poverty endured by Indigenous peoples in developed countries, such as Canada and Australia, is a particular concern. These Indigenous communities have higher rates of infant mortality, lower life expectancy and higher incarceration rates than do non-Indigenous populations. Alcoholism is endemic. The fundamental human rights of Indigenous peoples in Canada and Australia have not been adequately protected. This paper explores the content of Aboriginal title in both jurisdictions.