ABSTRACT
Recourse to litigation as a means of securing indigenous peoples’ rights has been practised for over a century, starting with the US Supreme Court famously finding in favour of the Cherokee in Worcester vs. Georgia in 1832. 2 Unfortunately, this significant legal victory was swiftly overshadowed by the authorities’ refusal to implement the decision, resulting in the Cherokee being evicted from their land and the case becoming known as the Trial of Tears. 3 Since this time, a number of precedent-setting decisions have followed in the quest to redress historical injustices. Some have fostered change to great effect by prompting legislative reforms and improving the day-to-day lives of indigenous peoples. However, many other legal victories have translated into little more than prose on paper.
