4. Self-Determination

Self-determination is the political right of the majority to exercise power within the boundaries of a generally accepted political area, or territory. 

The concept is mostly used in connection with the right of colonies to independence. It does not relate to attempts at independence by groups who do not possess their own sovereign states, such as the French Canadian. 

The system of Government established under the Commonwealth Constitution involves the exercise of the right to self-determination by the whole Australian people. This includes: 

  • the adoption and amendment of that Constitution from time to time; 

  • the continued existence and functions of the Australian States under the Constitution, and provision for self-government of Territories,  

  • provision for free and fair elections; the rule of law; and specific measures to protect human rights. 

Unfortunately, the system of Government does not actually support self-determination for Aboriginal peoples. This is a greater part of the argument for constitutional recognition. The right to self-determination, together with the rights recognised in Article 25 of the International Covenant on Civil and Political Rights (ICCPR), may also be relevant to issues of open and accountable government. Consultation and appropriate participation in decision making for people affected by Government decisions must also be ensured. 

For Indigenous people, self-determination is viewed as essential for the maintenance and practice of Aboriginal law, language and culture. 

 

 

 

The right to self-determination, together with the rights recognised in Article 25 of the ICCPR, may also be seen as relevant to issues of open and accountable government and to ensuring consultation with and appropriate participation in decision making for people affected by Government decisions. 

Attempts have continued to establish a body which can represent Aboriginal opinion on all matters of policy, through giving advice to the Commonwealth and in other ways.  The Commonwealth’s policy has been formulated by the Federal Minister for Aboriginal Affairs in the following way: 

This Government looks to achieve further progress for the Aboriginal peoples through the two principles of consultation and self-determination, that is, with the involvement of the Aboriginal people in the whole process ... All our policies, each of our programs and projects, have been and will continue to be, fashioned in discussions with Aboriginal people and their organisations at national and community levels. 

Self-determination is an 'ongoing process of choice' to ensure that Indigenous communities are enabled to meet their social, cultural and economic needs. 

 

Follow the links below for further information on Indigenous Self-Determination and formation of a Treaty.