ABSTRACT
In 1992 the decision in Mabo (No 2)1 was delivered by the High Court of Australia. There is no denying that the recognition of native title which resulted from that case was a monumental step forward not only for the recognition and protection of indigenous interests in land but for indigenous rights generally. However, a crucial feature of that decision was the finding that the sovereign government carries the right to extinguish native title. The manner in which a government can remove the property interests of its citizens raises a number of human rights issues. This is particularly so where the interference with property interests threatens the cultural heritage of those dispossessed.
