Evolution of Rights to Self-Determinism of Aboriginal People: a Comparative Analysis of Land Rights Reforms in Australia Alex Sadler, Divya Gupta Bowdoin College
Indigenous Policy Journal Vol. XXIX, No. 3 (Winter 2019) Evolution of Rights to Self-Determinism of Aboriginal People: A Comparative Analysis of Land Rights Reforms in Australia Alex Sadler, Divya Gupta Bowdoin College Abstract Despite Australia’s ratification of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) in 2009, Aboriginal peoples continue to face obstacles in exercising their inherent rights to self-determination and to free, prior and informed consent regarding the development of their traditional land. Recent decades have seen advancements in legislation and government-backed programming to support the recognition of Aboriginal peoples’ land rights; however, the current framework often fails to achieve meaningful outcomes for impacted communities. This paper provides an overview of Australia’s current legislative and programming efforts to secure Aboriginal peoples’ land rights, evaluating the benefits and downsides to each initiative from a rights- based perspective, with the aim of promoting productive discourse on pathways to protecting and implementing the rights enshrined in the UNDRIP. Introduction In 2009, Australia ratified the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP), after being one of only four countries to vote against its adoption in 2007. In reversing its decision, Australia symbolically demonstrated its commitment to the global shift towards the recognition of indigenous peoples’ inherent rights, which as the Declaration outlines derive from “their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies.” (United Nations, 2008) Although the UNDRIP covers a range of rights, from culture and identity to employment and education, a core focus of the agreement is the right of indigenous peoples to determine the development of their people and traditional land according to their own needs and interests.
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