76708 Comparative Issues in Aboriginal Self-determination

Requisite(s): 70417 Corporate Law

There are also course requisites for this subject. See access conditions.

This course provides a 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 to 1996 have endorsed policies of self-determination. This ended in 1996 with the election of the Howard Coalition Government. Both Australia's participation in international human rights fora and domestic policy moved from a rights framework to a policy of 'practical reconciliation'.

Established in 1990 the Aboriginal and Torres Strait Islander Commission (ATSIC) was a unique and innovative structure intended to provide greater control and autonomy to Indigenous Australians. It was abolished by the Federal Government in 2004 and its functions are being dispersed to mainstream departments. The ATSIC experiment is evaluated with reference to its stated objectives, established and developing human rights standards, and comparatively, with self-governance policies in other jurisdictions. The establishment of an appointed Indigenous Advisory Council in 2004 and the new focus on 'Shared Responsibility Agreements' is also considered.

At a community level government policies of self-determination have been implemented through community structures, which are required to incorporate under mainstream or special incorporation legislation. There are approximately 3000 Indigenous organisations incorporated under the Aboriginal Councils and Associations Act 1976 (Cth) and many more are incorporated under state associations legislation and the Corporations Law. This course will offer the opportunity to review and evaluate the history, operation and amendments to the Aboriginal Councils and Associations Act 1976 (Cth).

Comparative Canadian, US and New Zealand models for implementing policies of self-determination within national sovereign boundaries will be considered.