ANTaR Victoria Land Justice Policy

This policy proceeds from the fundamental premise that all Aboriginal and Torres Strait Islander people have been – by definition – dispossessed of their lands.

ANTaR acknowledges the draft United Nations Declaration of the Rights of Indigenous People, specifically Article 27 which reads as follows…

Indigenous peoples have the right to the restitution of the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, occupied, used or damaged without their free and informed consent. Where this is not possible, they have the right to just and fair compensation. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status.

ANTaR notes that this land – owned by Aboriginal and Torres Strait Islander people in its entirety prior to 1788 - was never sold or ceded to Europeans. No treaty was ever negotiated.

In these circumstances there is no legal justification for the dispossession which has occurred. This remains a question at the core of relations between Indigenous and non-Indigenous Australians.

Limited remedies under the Native Title Act apply only to traditional owners who can demonstrate ‘continuous connection’ to the satisfaction of the courts. The great majority of Aboriginal people in Victoria cannot benefit from this legislation.

A more comprehensive land justice settlement is required.

ANTaR calls on state and federal governments to:

1. Acknowledge the fact of dispossession.

2. Apologise for this wrongdoing.

3. Undertake to make appropriate restitution and enter into genuine negotiation with Indigenous communities to establish 'how' and 'how much'.

4. Provide Indigenous communities with sufficient resourcing and infrastructure to develop and represent their position adequately during such negotiations.

5. Fund a substantial public education campaign to increase the level of understanding about Indigenous land rights, and the operation of the Native Title Act in particular.

Should you wish to discuss ANTaR's position on these issues please send an email to Graham Ring (Chair, Policy and Strategy Group) at

graham.ring@bigpond.com