‘We Are All Here to Stay’: Citizenship, Sovereignty and the UN Declaration on the Rights of Indigenous Peoples

O’Sullivan, Dominic

doi:10.22459/waahts.2020

Cited by 9 publications

(3 citation statements)

References 98 publications

(95 reference statements)

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Remedial or restitutive measures address historic racism, but to contest racism's ongoing influence requires policy processes which admit that citizenship must be different if it is to treat all people as equally entitled to meaningful political influence (O'Sullivan, 2020). This is why Belich (1986), for example, argued that 'culture counts' in schooling and why Taylor and Gutmann (1994) argued for political arrangements that count 'the culture and cultural context valued by individuals as among their basic interests ' (1994: 3).…”

Section: Article Threementioning

confidence: 99%

A critical review of the Cabinet Circular on Te Tiriti o Waitangi and the Treaty of Waitangi advice to ministers

et al. 2021

Self Cite

View full text Add to dashboard Cite

The New Zealand state developed from a treaty between the British Crown and hapū (sub-tribes) in 1840. The te Reo (Māori language) text and the English version of the agreement are fundamentally different. Breaches of this treaty and tension over how the political relationship between Māori and the Crown should proceed are ongoing. In 2019, the Cabinet Office issued a Circular instructing bureaucratic advisers of the questions they should address when providing advice to ministers on the agreement’s contemporary application. In this article, we use Critical Tiriti Analysis (CTA) – an analytical framework applied to public policies – to suggest additional and alternative questions to inform bureaucratic advice. The article defines CTA in detail and shows how using it in this way could protect Māori rights to tino rangatiratanga (a sovereignty and authority that is not subservient to others) and substantive engagement, as citizens, in the formation of public policy. This article’s central argument is that the Circular reflects an important evolution in government policy thought. However, in showing how the Circular privileges the English version (the Treaty of Waitangi) over the Māori text (Te Tiriti o Waitangi), the article demonstrates how Māori political authority remains subservient to the Crown in ways that Te Tiriti did not intend. We show through the conceptual illustration of the care and protection of Māori children, despite the significant evolution in government thought that it represents, these rights are not fully protected by the Circular. This is significant because it was Te Tiriti, with its protection of extant Māori authority and sovereignty, that was signed by all but 39 of the more than 500 chiefs who agreed to the British Crown establishing government over their own people, but who did not agree to the colonial relationship which may be read into the English version.

show abstract

Section: Article Threementioning

confidence: 99%

A critical review of the Cabinet Circular on Te Tiriti o Waitangi and the Treaty of Waitangi advice to ministers

et al. 2021

Self Cite

View full text Add to dashboard Cite

show abstract

“…However, in Australia, Indigenous influence is often peripheral if it is present at all. For example, the Adani coal mine in Queensland will proceed against the wishes of the Wangan and Jagalingou people because, at the same time as it was preparing for treaty negotiations, Queensland extinguished the Indigenous nation’s native title and converted it to freehold title in the name of Adani Mining (O’Sullivan, 2020). This legal measure denied the Wangan and Jagalingou capacity to use the land for economic or other purposes or even to participate in decisions about how a private company might use it.…”

Section: Treaties Natural Resource and Education Policymentioning

confidence: 99%

Treaties and re-setting the colonial relationship: Lessons for Australia from the Treaty of Waitangi

O’Sullivan

2021

Ethnicities

View full text Add to dashboard Cite

Colonial hegemony distinguishes relationships between the Australian state and Indigenous nations. British government was violently established and there was no accommodation with the Indigenous populations to allow settlement to proceed, as occurred through treaties in Canada and New Zealand. Indigenous arguments for treaties in Australia are, however, well established. Notwithstanding some Commonwealth and state and territory governments considering such agreements over the past 40 years, none have been concluded, and more modest forms of recognition have been alternatively proposed. In 2015, following extensive Indigenous advocacy, the Prime Minister and Leader of the Opposition appointed a Referendum Council to consult on an amendment to the Commonwealth Constitution to recognise Australia’s first peoples. The recommendation of a Voice to Parliament and a Makarrata Commission to oversee truth telling and agreements to allow ‘coming together after a struggle’ suggested a transformative ambition beyond the Prime Minister and Leader of the Opposition’s expectations. Makarrata does not stipulate treaties as an ideal form of agreement, but in raising the possibility, the Council added to the concept’s political momentum. This article discusses the place of treaties in contemporary Australian discourse, including treaty negotiations that are in progress in Victoria, Queensland and the Northern Territory. It uses examples from New Zealand’s Treaty of Waitangi to discuss their possibilities and limits in Australia. From these examples, two overarching arguments are made. Firstly, that treaties are potentially transformative, not because they may settle historical grievances, but because their required mutual recognition of each party’s enduring political standing means that they define ongoing, just terms of association. Secondly, the substantively different political arrangements that they presume mean that they are not merely instruments of egalitarian justice and are instead concerned with the distribution of political authority – Indigenous authority over their affairs and through a distinctive and culturally contextualised state citizenship.

show abstract

“…Furthermore, the democratic rights of indigenous peoples play pivotal role in ensuring their meaningful participation in decision-making processes that impact their lives (Brugnach, et al 2017). Democratic rights encompass not only political participation, but also the right to equality, non-discrimination, and cultural expression (O'Sullivan, 2020). Here, the authors shall examine how democratic principles can be effectively applied to safeguard the rights and interests of indigenous peoples within the framework of international law.…”

mentioning

confidence: 99%

(Re)affirming sovereignty, self-determination, and democratic rights: An analysis of evolving jurisprudence concerning indigenous peoples under international law

Raj,

Alam

2023

Multidiscip. Rev.

View full text Add to dashboard Cite

This research article delves into the formidable obstacles and struggles that indigenous people encounter as they strive for their rights within the framework of international law. Its broad objective is to obtain a comprehensive understanding of the rights indigenous communities demand in contrast to the rights available to them at the international level. The paper focuses on three fundamental rights actively sought by indigenous peoples: indigenous sovereignty, right to self-determination, and democratic rights. To commence, the paper undertakes a thorough examination of the concept of sovereignty and its pertinence to indigenous communities. It analyzes the nature and extent of indigenous sovereignty, considering how the ongoing debate on sovereignty influences the calls for indigenous self-governance. Additionally, it critically evaluates the associated rights that are intrinsically linked to indigenous sovereignty. Following this, the paper explores the notion of self-determination and investigates the interpretations and aspirations of indigenous peoples with regard to this right. It also scrutinizes the right to self-determination within the specific context of indigenous communities. Subsequently, the paper delves into the democratic rights of indigenous peoples as prescribed under international law. It emphasizes the challenges and prospects involved in ensuring democratic participation and representation for indigenous communities. By comprehensively exploring these crucial facets, the authors aim to provide valuable insights into the challenges faced by indigenous peoples in asserting their sovereignty, self-determination, and democratic rights. Moreover, the research also endeavours to contribute to the existing discourse on indigenous rights, shedding light on the evolving nature of international law and its feasibility to address the concerns and aspirations of indigenous communities.

show abstract

‘We Are All Here to Stay’: Citizenship, Sovereignty and the UN Declaration on the Rights of Indigenous Peoples

Cited by 9 publications

References 98 publications

A critical review of the Cabinet Circular on Te Tiriti o Waitangi and the Treaty of Waitangi advice to ministers

A critical review of the Cabinet Circular on Te Tiriti o Waitangi and the Treaty of Waitangi advice to ministers

Treaties and re-setting the colonial relationship: Lessons for Australia from the Treaty of Waitangi

(Re)affirming sovereignty, self-determination, and democratic rights: An analysis of evolving jurisprudence concerning indigenous peoples under international law

Contact Info

Product

Resources

About