Aboriginal and Torres Strait Islander peoples and multinational federalism in Australia

Abstract

Democratic governance is premised on the belief that all citizens are empowered to shape the society in which they live. Over generations, Aboriginal and Torres Strait Islander peoples have maintained that Australian democratic practice does not live up to this ideal, contending that the state's legal and political framework does not empower them with the capacity to have their voices heard and their interests considered in the processes of government. However, non-Indigenous Australians remain suspicious of Indigenous-specific political and legal mechanisms designed to rectify this structural fault. In this paper, I argue that this suspicion-and Australia's governance framework more broadly-arises from a particular conception of democratic theory that marginalises Aboriginal and Torres Strait Islander peoplehood. If, as the Uluru Statement from the Heart calls for, Australia's political institutions are to be rebuilt so as to empower Aboriginal and Torres Strait Islanders 'to take a rightful place in [their] own country', that conception of democratic theory must first be revealed and re-centred. Multinational federalism offers one path towards a more equitable future.

The Road to Uluru: Constitutional Recognition and the UNDeclaration on the Rights of Indigenous Peoples

“…However, even if as Palawa lawyer Michael Mansell argues, the UNDRIP is intended to "guide and encourage Indigenous peoples to forms of autonomy within the nation-state", 24 it still encompasses clear substantive rights resting on autonomy and respect. 25 As Guugu Yimithirr lawyer Noel Pearson has explained, self-determination underlies Indigenous peoples' desire to "take charge of our own affairs and lead our own development agendas". 26 This includes the ability to wield greater control over land and resources, as well as authority to ensure cultural preservation and integrity.…”

The Road to Uluru: Constitutional Recognition and the UN Declaration on the Rights of Indigenous Peoples

“…Ascertaining the legal boundaries of self-determination is important, but even if the principle is understood as 'guid[ing] and encourage[ing] Indigenous peoples to forms of autonomy within the nation-state', 13 it still encompasses clear substantive rights resting on autonomy and respect. 14 As Noel Pearson has explained, self-determination underlies Indigenous peoples' desire to 'take charge of our own affairs and lead our own development agendas'. 15 This includes the ability to wield greater control over land and resources, as well as authority to ensure cultural preservation and integrity; 16 all rights guaranteed in the UNDRIP, 17 and recognisable in generations of Aboriginal and Torres Strait Islander advocacy.…”