76708 Comparative Issues in Aboriginal Self-determination

This subject provides a detailed theoretical and practical review of legal structures and concepts, which have been developed domestically and internationally to accommodate minority Indigenous peoples' aspirations for self-determination. Self-determination is a contested concept with varying meanings in international law, domestic law, and in political discourse. These meanings are investigated and evaluated with reference to shifting understandings of sovereignty and varying aspirations at community and regional levels. Within Australia, successive federal governments from 1972 up until 1996 have endorsed policies of self-determination. At a community level this policy has been implemented through community structures which are required to incorporate under mainstream or special incorporation legislation. This subject provides detailed analysis of the history, operation, amendments and judicial interpretations of the Aboriginal Councils and Associations Act 1976 (Cwlth). At a macro level, the Aboriginal and Torres Strait Islander Commission (ATSIC) is a unique and innovative structure intended to provide greater control and autonomy to Indigenous Australians. The ATSIC experiment is evaluated in terms of its stated objectives, with reference to developing standards under the Draft Declaration on Indigenous People's Rights and comparatively with self-governance policies in Canada. Comparative Canadian, United States and New Zealand models for implementing policies of self-determination within national sovereign boundaries are considered.