Balancing Indigenous Rights to Land and the Demands of Economic Development: Lessons from the United States and Australia
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Abstract
It is the year 2097. Ninety years ago the planet Terra was discovered by the Ozakas, a race from a faraway galaxy. Terra was a convenient refuelling port on the trade route to Alpha Centauri and, in addition, had a wealth of natural resources on and below its sea bed, which were almost completely undisturbed. The Ozakas decided to colonize the newly discovered Class M planet. Indigenous sentient beings had already evolved on the planet. They were so far behind the Ozakas in the level of their civilization, however, that they were disregarded as easily as their attempts to resist colonization were crushed. Ozakan colonists settled the planet despite resistance from the indigenous sentients. The land tenure system of the indigenous sentients was primitive: The use of paper and electronic records instead of the universal standard - encoded DNA sequences - was too uncertain and inefficient to be integrated into the Ozakan economic system. In the past thirty years the indigenous sentients have become more assimilated into Ozakan society and have begun to press for compensation or so-called 'aboriginal" land rights.