Indigenous Peoples and their Right to Political Participation

Tomaselli, Alexandra

doi:10.5771/9783845268781

Cited by 16 publications

(13 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…That means the title is vested in the aggregate population of the existing state, not to the substitute groups. In that sense, the self-determination has two aspects the internal and the external one although some scholars argue that the traditional division of internal-external self-determination is not satisfactory and multiple expression of the self-determination (the can differ among the right holders) should be accepted (Tomaselli 2016a;Xanthaki 2007).…”

Section: Non-territorial Autonomy As An Enrichment Of Representative mentioning

confidence: 99%

The possibilities and limits of non-territorial autonomy in securing indigenous self-determination

Shikova

2020

Filoz drus

View full text Add to dashboard Cite

Non-territorial autonomy (NTA) incorporates a mixture of different arrangements such as consociationalism and national-cultural autonomy (NCA), and forms of representation that de-territorialize self-determination. The paper analyses NTA possibilities in reaching indigenous self-governance and reveals the dilemmas in the applicability of NTA for securing the right to self-determination of indigenous peoples. Although the practice points towards some positive examples and successes of NTA institutions related to ingenious peoples (e.g. S?mi Parliaments), the question remains whether NTA holds sufficient potential for addressing indigenous needs upheld by the international principle ?right to land, territories and traditionally owned resources.?

show abstract

Section: Non-territorial Autonomy As An Enrichment Of Representative mentioning

confidence: 99%

The possibilities and limits of non-territorial autonomy in securing indigenous self-determination

Shikova

2020

Filoz drus

View full text Add to dashboard Cite

show abstract

“…Although the United Nations International Declaration on the Rights of Indigenous People does not prescribe what is meant by "self-determination," it is accepted that restoration of land rights and greater control over traditional lands are essential elements for self-determination. Access to land and restoration of rights in land constitute a basis whereupon other elements of self-determination such as autonomy, self-government, social justice, and reparation can be pursued [23]. 21 Aboriginal people have had a long and arduous struggle for land rights.…”

Section: Land Rights As An Avenue To Privatised Autonomymentioning

confidence: 99%

“…The Native Title Act was never intended for native title to provide basis for autonomy of self-government. 23 Native title is seen as a "bundle of rights" which relate principally to the proprietary interests an Aboriginal community has in land, for example, caring of country, but not to self-government or autonomy as understood in a public law sense.…”

Section: Land Rights As An Avenue To Privatised Autonomymentioning

confidence: 99%

“…Barrie comments that the "initial optimism [after Mabo] in aboriginal communities has changed to 22 The Court [26] observed that the original settlers "were ignorant of the fact that, under pre-existing local law or custom, particular tribes or clans had established entitlements to the occupation and use of particular areas of land," but increasingly a realisation developed about the social cohesion and organisation albeit that no title to land was recognised. 23 In Mabo the court ruled by way of obiter that native title does not deliver "sovereignty" to the claimants and hence that the rights recognised under native title do not challenge the sovereignty of the Crown in regard to the governance of Australia under the Constitution. See [27] 53 ALRJ 403 at 408.…”

Section: Land Rights As An Avenue To Privatised Autonomymentioning

confidence: 99%

“…Whereas early white settlers where of the view that Aboriginal people in general were hunter-gatherers who endlessly roamed the country without any specific very nature a "classic treaty" which implies "a coming together between two nations to agree on certain things, and in doing so, finding a way forward together and recognising each other's sovereignty." (p. 23 pattern, social organisation or area where they called "home," contemporary research shows that although the communities hunted and collected to feed themselves and traversed widely, they were generally located in a certain area which they regarded as their country and for which they had responsibility. Their understanding of land ownership was not that the land belonged to them, but rather than they belonged to the land and had to take care of it.…”

Section: Profile Of the Noongar People And Their Landmentioning

confidence: 99%

See 2 more Smart Citations

Privatised Autonomy for the Noongar People of Australia: A New Model for Indigenous Self-Government

Villiers¹

2019

Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe

View full text Add to dashboard Cite

The Aboriginal people of Australia have for many year sought rectification of past injustices. The absence of political structures whereby Aboriginal people can communicate their views; govern themselves in regard to their traditions and culture; and promote their interests in similar way as applies to other indigenous people in the world has been identified as a major shortcoming in the institutional arrangements in Australia. It is especially since 1992 when native title had first been recognised in Australia that Aboriginal people have attempted to utilise their land rights as a basis for a form of self-government or autonomy. The shortcoming of this approach is, however, that native title only exists in certain areas; native title is a relative weak right; and native title does not entail any self-governance rights. Recently the federal state of Western Australia broke new ground when it concluded an agreement, which has been described by some as a "treaty," with a large community of Aboriginal people in the south west of the state. This agreement, referred to as the Noongar Settlement, has the potential to serve as a model not only for other parts of Australia, but also beyond the shores of Australia. It recognises the traditional ownership of the land of the Noongar people, but then it goes on to establish for the Noongar people self-governing corporations. The corporations are not public law institutions, but in effect the powers and functions they discharge are of such a nature that they form in effect a fourth level of government. The corporations can exercise powers and functions not only in regard to aspects arising from traditional law and customs, but also in socioeconomic fields such as housing, welfare, land management, conservation and tourism. The Noongar Settlement places Australia in a leading position when it comes to the holistic settlement of a land claim and the recognition of Aboriginal people.

show abstract

Mobile Internet Access as a Human Right: A View from the European High North

Kirchner

2020

New Security Challenges

View full text Add to dashboard Cite

Indigenous Peoples and their Right to Political Participation

Cited by 16 publications

References 0 publications

The possibilities and limits of non-territorial autonomy in securing indigenous self-determination

The possibilities and limits of non-territorial autonomy in securing indigenous self-determination

Privatised Autonomy for the Noongar People of Australia: A New Model for Indigenous Self-Government

Mobile Internet Access as a Human Right: A View from the European High North

Contact Info

Product

Resources

About