UNDRIP and the Intervention: Indigenous Self-Determination, Participation and Racial Discrimination in the Northern Territory of Australia
Abstract
The adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the General Assembly in 2007 was a landmark achievement in the development of indigenous rights under international law, in particular through its unequivocal recognition of indigenous peoples’ right to self-determination. That same year, Australia launched a comprehensive intervention into Aboriginal communities in the Northern Territory, which purported to safeguard important human rights but was heavily criticised for its discriminatory and non-consultative approach. As the Intervention legislation is soon to be replaced, all states stand to learn from Australia’s mistakes as the international community works together to convert the aspirations of UNDRIP to reality. This article analyses the meaning of self-determination under international law, now that the long debate over whether indigenous peoples are ‘peoples’ has been resolved. It argues that self-determination entails the empowerment of a people to control its own affairs through freedom from discrimination and meaningful participation in decision-making, and that the scope of self-determination must be the same for indigenous peoples as for ‘all peoples’. The failures of the Northern Territory Intervention, discussed in light of that definition, show that the human rights system has been inadequate for the protection of indigenous rights in Australia. UNDRIP has an important contribution to make, but like any international instrument it will only be effective if it is implemented on the ground. The simple definition of self-determination articulated here could help to facilitate that implementation.