Submission – International Commission of Jurists Victoria and RMIT University, Graduate School of Business and Law

This submission was prepared by Dr Jeremie Bracka (RMIT, Graduate School of Business and Law), Jeremy Gunther, Jennifer Keene-McCann (ICJV), Rishabh Mishra, and Simon Thomas (ICJV).

This submission contends that principles derived from international law and practice can inform approaches to redress for First Peoples in Victoria who have suffered land injustice, adopting the following structure:

• Part A focuses on the forms of reparations that may be available in the Victorian context. Reparations are an internationally recognised right, and can provide a pathway for recourse to survivors, reconstituting dignity, and restoring ‘a broken relationship’.
• Part B discusses comparative contexts and international practice, drawing on the body of transitional justice scholarship—particularly in relation to reparations—and present learnings from four country-specific examples in which land injustice has been addressed.
• Part C considers challenges and potential solutions.