I think there is a lot of guidance to be drawn from international standards, such as the UN Declaration on the Rights of Indigenous Peoples, and the interpretations that exist out there through bodies like the UN Permanent Forum on Indigenous Issues and the expert mechanism on the rights of indigenous peoples.
To go back to first principles, I think there are a few key things to be mindful of. One is the fact that we have all inherited a situation where indigenous peoples' inherent rights to self-government over their lands and territories were historically denied. Our laws and practices are built on that foundation. We have to come to terms with that. To ignore that in the process of engagement inevitably perpetuates not only an injustice, but also conflict.
Unfortunately, our current practice is to put the onus on indigenous peoples to launch long and expensive court cases, and to put all these issues in the most adversarial, expensive and time-consuming process possible, where people have to prove their rights exist.