(I) Philosophy behind and main thrust of Aboriginal heritage protections legislation in Australia.
 
(II) International law foundation for such legislation.

* Each of the States in Australia plus the Northern Territory have such legislation. There is also Commonwealth legislation, i.e. Australia - wide legislation of the Federal Parliament.
 
* Two different philosophies :
 
(I) The older legislation (and also the comparatively recent legislation in Queensland) views Aboriginal heritage as part of everybody's heritage. Archaeological sites, rock art, engravings, burial sites and materials associated with these are all treated as though they were ancient monuments, a bit like Stonehenge in England. The legislation calls these sites and objects "relics". Mythological and ceremonial sites, where covered by this type of legislation, are viewed in a similar way. Examples of such legislation are those in New South Wales, Victoria, Queensland, Tasmania and substantially also Western Australia. Such legislation largely treats Aboriginal culture as thing of the past. It gives little or no recognition to the rights of Aboriginal people to control over their cultural heritage. It gives control to Government Ministers or senior public servants under Ministerial control.
 
(II) Some legislation in recent years (Commonwealth, SA and the NT) have a different philosophical underpinning. It views Aboriginal people as beneficiaries of the legislation. It acknowledges their continuing interest in places significant according to Aboriginal tradition and in Aboriginal culture and heritage matters generally. It grants them rights with respect to Aboriginal cultural places and objects, regardless of underlying land tenure.
 
That does not mean however that there is ultimate Aboriginal control. Where a mining company or other third party have competing interests, it is a Government Minister who has the final say as to whether Aboriginal sites and objects are preserved and protected or can be damaged, destroyed or interfered with.
 
(III)International law foundation.
 
* UNESCO Convention for the Protection of the World Cultural and Natural Heritage : recognizes the duty of countries to protect and conserve for future generations items of cultural or natural heritage "of outstanding universal value." World Heritage Listing.
 
* International Covenant on Civil and Political Rights, particularly article 1 (right of self determination), article 18 (freedom of religion), article 27 (cultural and religious rights of ethnic, religious or linguistic minority: this arguably calls for active and substantial intervention by countries to protect and promote the cultural identity of Indigenous peoples).
 
* International Convention on the Elimination of All Forms of Racial Discrimination (articles 1.4 and 2 require countries to take "special measures" for the benefit of disadvantaged racial groups for the purpose of guaranteeing them full and equal enjoyment of human rights and fundamental freedoms.
 
Also: International Labour Organization (ILO) Convention no. 169; International Covenant on Economic, Social and Cultural Rights; UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; Proposed UN Declaration on the Rights of Indigenous Peoples.
 
These international Covenants, Conventions and declarations may provide an international law foundation for heritage protection laws in East Africa. They may also provide bases for legal submissions in Court in support of the protection of Indigenous heritage rights.