Understanding Self Determination

Syllabus Topic

Option 4: Indigenous peoples

Nature of the law and indigenous peoples

• importance of the right to self-determination

Introduction

Self-determination is a crucial concept for understanding the rights and governance of indigenous peoples. This article explores the meaning of self-determination, its recognition in international law, and the practical challenges faced by indigenous communities in achieving self-determination.

Understanding Self-Determination

Self-determination refers to the ability of an individual, a group of individuals, or a people to govern themselves. This encompasses making decisions about their governance, legal systems, and the most effective education and health systems.

Indigenous Perspectives

A valuable resource for understanding self-determination from an indigenous perspective is Vincent Redhouse's TED Talk, "A Fair Go for Self-Determination," delivered in Canberra in 2017. Redhouse, a Native American from the Navajo Nation, shares insights on what self-determination looks like and how it has been advocated for and implemented in his experience. His talk offers a profound view on potential changes for indigenous peoples worldwide, and can help distinguish traditionally paternalistic approaches towards Indigenous peoples and their right to self-determination, and a more well-rounded one.

Watch the TED Talk here: A Fair Go for Self-Determination

International Recognition of Self-Determination

The United Nations has emphasized the right to self-determination through several key declarations and resolutions:

Declaration on the Granting of Independence to Colonial Countries and Peoples (UDGICCP)

The UDGICCP, passed by the General Assembly of the UN in 1960, declares that the "subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights," and that "all peoples have the right to self-determination ... they freely determine their political status and freely pursue their economic, social and cultural development." It also states that "any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations."

Declaration on the Rights of Indigenous Peoples (UNDRIP)

UNDRIP also stresses that the right to self-determination is a fundamental right for indigenous peoples. Article 3 of UNDRIP explicitly recognizes this right, affirming that indigenous peoples have the right to self-determination, including the ability to freely determine their political status and pursue their economic, social, and cultural development.

Challenges in Realizing Self-Determination

Despite these declarations, several political and legal factors have limited the application of self-determination for indigenous peoples. These challenges are both practical and ideological, reflecting the complex realities of indigenous communities within colonized nations.

For instance, Indigenous people make up just 6% of the global population, yet account for 19% of the world’s poorest, often holding less power institutionally, culturally, economically, and practically.

At an international level, a distinction has been made between societies where colonized people make up a majority versus a minority of the population. Those who constitute the majority have found it easier to obtain the right to self-determination, as seen in countries like Kenya and India, although India’s estimated indigenous population of 104 million comprises proportionally 8.6% of the population. Conversely, in countries where indigenous peoples are a minority, such as Australia where First Nations people represent 3.8% of the total population, Indigenous people face various barriers to quality of life due to intergenerational legacies and cycles of oppressive policy, and socioeconomically complex barriers. The situation is the same in the US, and Canada, achieving self-determination has been more challenging.

Conclusion

Self-determination is a fundamental human right recognized by international law, yet its implementation for indigenous peoples remains fraught with challenges. By exploring indigenous perspectives and understanding the legal frameworks supporting self-determination, there can be a deeper appreciation of the ongoing struggles and potential pathways for achieving meaningful self-governance for indigenous communities.

SOURCES

Australian Human Rights Commission – AHRC: Self Determination

Sydney Criminal Lawyers: The “Protection” Era: A Settler Colonial System of Paternalistic Control

Youtube- TEDx: A fair go for self-determination - Vincent Redhouse

UN Human Rights Office of the High Commissioner- OHCHR: Declaration on the Granting of Independence to Colonial Countries and Peoples

UN: UNDRIP

World Bank Group: Indigenous Peoples

International Work Group for Indigenous Affairs- IWGIA: Indigenous peoples in Kenya

IWGIA: Indigenous peoples in India

Australian Institute of Health and Welfare – AIHW: Profile of First Nations people

IWGIA: Indigenous peoples in the United States

IWGIA: Indigenous peoples in Canada