Human Rights and the Environment in the Ogiek Case: Implications for Property Rights in Queensland

Article


Jones, Nicky. 2023. "Human Rights and the Environment in the Ogiek Case: Implications for Property Rights in Queensland." Environmental and Planning Law Journal. 39 (3), pp. 242-253.
Article Title

Human Rights and the Environment in the Ogiek Case: Implications for Property Rights in Queensland

ERA Journal ID17107
Article CategoryArticle
AuthorsJones, Nicky
EditorsMartin, R.
Journal TitleEnvironmental and Planning Law Journal
Journal Citation39 (3), pp. 242-253
Article Number2
Number of Pages12
Year2023
PublisherLawbook Co.
Place of PublicationAustralia
ISSN0813-300X
Web Address (URL)https://legal.thomsonreuters.com.au/environmental-and-planning-law-journal-parts-bound-volumes/productdetail/30121
Abstract

This article focuses on property rights protected under the Universal Declaration of Human Rights, the African Charter on Human and Peoples’ Rights and now the Human Rights Act 2019 (Qld).

In 2017, the African Court on Human and Peoples’ Rights decided that the Kenyan government’s forced eviction of the Indigenous Ogiek people from their ancestral lands violated their property rights under the African Charter. The Court found that the right to property may be collective and individual, include Indigenous ancestral lands, and prevail over unsupported environmental claims. Indigenous land-related rights may also be supported by the free, prior and informed consent principle.

This article suggests that international law and decisions such as Ogiek may guide interpretations of property rights under Queensland’s Human Rights Act 2019, taking the comparative approach permitted under its statutory framework. Could Queensland’s right to property also protect Indigenous peoples’ rights to traditional lands and resources?

Keywordsproperty rights, human rights, right to property, Indigenous people, environment
ANZSRC Field of Research 2020480302. Comparative law
Public Notes

Human Rights and the Environment in the Ogiek Case: Implications for Property Rights in Queensland

Byline AffiliationsSchool of Law and Justice
Permalink -

https://research.usq.edu.au/item/z14qw/human-rights-and-the-environment-in-the-ogiek-case-implications-for-property-rights-in-queensland

  • 25
    total views
  • 2
    total downloads
  • 2
    views this month
  • 0
    downloads this month

Export as

Related outputs

An Annotated Guide to the Human Rights Act 2019 (Qld)
Jones, Nicky and Billings, Peter. 2023. An Annotated Guide to the Human Rights Act 2019 (Qld). Australia. Lexis Nexis.
Queensland is not only trampling the rights of children, it is setting a concerning legal precedent
Jones, Nicky. 2023. "Queensland is not only trampling the rights of children, it is setting a concerning legal precedent." Conversations: The Journal of Cavellian Studies.
Submission to Queensland Human Rights Commission’s review of Queensland’s Anti-Discrimination Act, 28 February 2022
Jones, Nicky. 2022. Submission to Queensland Human Rights Commission’s review of Queensland’s Anti-Discrimination Act, 28 February 2022. Unpublished.
Law and the International Community: Looking Into the (Post-COVID-19) Future
Jones, Nicky. 2021. "Law and the International Community: Looking Into the (Post-COVID-19) Future." Arifin, Ridwan, Muhtada, Dani and Anitasari, Rahayu Fery (ed.) 3rd International Conference on Indonesian Legal Studies (ICILS 2020). Semarang, Indonesia 01 Jul 2020 Belgium. https://doi.org/10.4108/eai.1-7-2020.2303676
Submission to the Commonwealth Attorney-General’s Department regarding Commonwealth government’s Religious Discrimination Bill
Jones, Nicky. 2019. Submission to the Commonwealth Attorney-General’s Department regarding Commonwealth government’s Religious Discrimination Bill. Attorney-General's Department.
Submission to the Legal Affairs and Community Safety Committee on the Human Rights Bill 2018
Jones, Nicky and Patrick, Jeremy. 2018. Submission to the Legal Affairs and Community Safety Committee on the Human Rights Bill 2018. Unpublished.
Secularism and state neutrality: the headscarf in French and German public schools
Jones, Nicky and Braun, Kerstin. 2017. "Secularism and state neutrality: the headscarf in French and German public schools." Australian Journal of Human Rights. 23 (1), pp. 61-89. https://doi.org/10.1080/1323238X.2017.1314441
Reforming the Australian Constitution: an overview of recognition proposals
Jones, Nicky. 2016. "Reforming the Australian Constitution: an overview of recognition proposals." Young, Simon, Nielsen, Jennifer and Patrick, Jeremy (ed.) Constitutional recognition of first peoples in Australia: theories and comparative perspectives. Sydney, New South Wales. Federation Press. pp. 48-67
Law provides for settlement of the invasion arguments
Jones, Nicky. 2016. "Law provides for settlement of the invasion arguments." Courier Mail.
'With a little help from a friend': self-represented litigants, payment and legal profession regulation
Jones, Nicky. 2013. "'With a little help from a friend': self-represented litigants, payment and legal profession regulation." Queensland Lawyer. 33 (1), pp. 52-66.
Religious freedom in a secular society: the case of the Islamic headscarf in France
Jones, Nicky. 2012. "Religious freedom in a secular society: the case of the Islamic headscarf in France." Babie, Paul and Rochow, Neville (ed.) Freedom of religion under Bills of Rights. Adelaide, Australia. University of Adelaide Press. pp. 216-238
Justice must be seen to be done: organisational justice and the headscarf and burqa laws in France
Jones, Nicky. 2012. "Justice must be seen to be done: organisational justice and the headscarf and burqa laws in France." International Journal of Organisational Behaviour. 17 (2), pp. 18-28.
Justice must be seen to be done: organisational justice and Islamic headscarf and burqa laws in France
Jones, Nicky. 2011. "Justice must be seen to be done: organisational justice and Islamic headscarf and burqa laws in France." Building Business Communities: Justice, Performance and Change Creating a Sustainable Scholarly Community Colloquia (2011). Brisbane, Australia 09 Nov 2011 Toowoomba, Australia.
Integral Europe: Fast–Capitalism, Multiculturalism, Neofascism by Douglas R. Holmes
Jones, Nicky. 2003. "Integral Europe: Fast–Capitalism, Multiculturalism, Neofascism by Douglas R. Holmes." Australian Journal of Politics and History. 49 (1), pp. 151-152.
The state of secularism: the new law and the affair of the Islamic headscarf in France
Jones, Nicky. 2005. "The state of secularism: the new law and the affair of the Islamic headscarf in France." Interface: A Forum for Theology in the World. 8 (1), pp. 70-82.
Beneath the veil: Muslim girls and the Islamic headscarf in secular France
Jones, Nicky. 2009. "Beneath the veil: Muslim girls and the Islamic headscarf in secular France." Macquarie Law Journal. 9, pp. 47-69.
The rights thing to do? Towards an Australian Bill of Rights
Jones, Nicky. 2002. "The rights thing to do? Towards an Australian Bill of Rights." Human Rights Defender. 11 (2), pp. 17-22.
Lawyers, language and legal professional standards: Legal Services Commissioner v Turley [2008] LPT 4
Jones, Nicky. 2009. "Lawyers, language and legal professional standards: Legal Services Commissioner v Turley [2008] LPT 4." University of Queensland Law Journal. 28 (2), pp. 354-360.
Gift vouchers and expiry dates: when the gift stops giving
Jones, Nicky. 2009. "Gift vouchers and expiry dates: when the gift stops giving." QUT Law Review. 9 (2), pp. 213-231.
L’état de la laïcité en France: après l’affaire du foulard
Jones, Nicky. 2007. "L’état de la laïcité en France: après l’affaire du foulard." The MLTA Quarterly. 140, pp. 23-29.
Wrongs and rights: the economic, social and cultural rights of Indigenous peoples in Australia
Jones, Nicky. 2003. Wrongs and rights: the economic, social and cultural rights of Indigenous peoples in Australia. Australia. University of Queensland.
Keeping the faith: secularism, Muslim schoolgirls and the Islamic headscarf in France
Jones, Nicky. 2004. "Keeping the faith: secularism, Muslim schoolgirls and the Islamic headscarf in France." Human Rights Defender. 13 (1), pp. 4-7.
Constitutive regulation of the firm: occupational health and safety, dismissal, discrimination and sexual harassment
Johnstone, Richard and Jones, Nicky. 2006. "Constitutive regulation of the firm: occupational health and safety, dismissal, discrimination and sexual harassment." Arup, Christopher, Gahan, Peter, Howe, John, Johnstone, Richard, Mitchell, Richard and O'Donnell, Anthony (ed.) Labour law and labour market regulation: essays on the construction constitution and regulation of labour markets and work relationships . Leichhardt, NSW. Federation Press. pp. 483-500
To give and to receive: the Australian government's proposed electoral finance reforms
Gray, Anthony and Jones, Nicky. 2010. "To give and to receive: the Australian government's proposed electoral finance reforms." University of Tasmania Law Review. 28 (2), pp. 182-209.
Confusion in a virtual world
Jones, Nicky. 2008. "Confusion in a virtual world." The Courier-Mail.
Black deaths stain our history
Jones, Nicky. 2007. "Black deaths stain our history." The Courier-Mail.