Towards an Australian republic, constitutionalising indigenous land rights

grantor: University of TorontoAustralia's Indigenous people have been dispossessed of their ancestral lands since colonisation began in 1788. Most Australians were unprepared for the High Court's decision in the 1992 Mabo case that established native title in Australia, despite the fact that such title had been recognised much earlier in other common law jurisdictions. However, the more that spiritual connection to the land is asserted by Aboriginal claimants, and requirements for the land's protection and ownership, the less the legal system will acknowledge it, as illustrated in the ridiculing of "secret women's business" in the Hindmarsh (Kumarangk) Island matter. As Australia is contemplating becoming a republic, it is timely to consider whether a new constitution would better protect Indigenous land rights. If we consider Aboriginal rights in Canada's constitution, the protection of individual rights in the United States constitution and developments of Indigenous peoples' rights at the international level we may understand more clearly whether constitutional entrenchment would be a suitable solution for Australia.L.L.M