It raises many important questions for Australian society and we should not underestimate the complexity of the issues involved. Critically, racial discrimination law provides important standards and parameters that I believe can be used as a guide in achieving a result that benefits all Australians. One matter that needs to be acknowledged from the outset is that the recognition of Indigenous peoples' right to land is critical to their survival. The ability of Indigenous people to preserve their distinct identity is closely related to their ability to gain recognition of their rights to land.
Land provides a basis for all Indigenous societies.
Additionally it needs to be acknowledged that Indigenous Australians are the most disadvantaged members of Australian society. Indigenous people are disadvantaged today because of their history of dispossession. It needs to be remember that until relatively recently, the official attitude towards Indigenous people was that they were a dying race and that their best opportunity lay in assimilation. Aboriginal people were segregated on mission settlements and deliberately taken away from their traditional lands. They lost languages, culture, religion and all of this is tied to their loss of land.