This month, Chief Judge Brian Preston, whom Kellehers addressed at LAWASIA in Sydney, prepared the following message.
The message highlights recent legal challenges concerning the rights of Indigenous people:
- On 18 March 2022, the Land Court of Queensland agreed to take on-country evidence from First Nations witnesses about the impacts of climate change on their cultural rights;
- On 26 May 2022, the High Court of South Africa found the Minister for Mineral Resources and Energy failed to account of traditional communities’ spiritual and cultural rights and rights to livelihood;
- On 21 September 2022, the Federal Court found the regulator for Offshore Petroleum failed to assess whether Santos consulted with traditional owners of the Tiwi Islands, as required by law.
- On 22 September 2022, the UN Human Rights Committee found that Australia had violated Torres Strat Islanders’ rights to culture and rights to be free from arbitrary interference with privacy, family and home under articles 17 and 27 of the International Covenant on Civil and Political Rights;
https://mailchi.mp/lawasia/message-from-the-chair-environment-update-nov-2022
KELLEHERS AUSTRALIA PTY LTD
07 December 2022
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