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Indigenous Self-Determination in Australia

Author : Laura Rademaker

Publisher : ANU Press

Page : 368 pages

File Size : 42,25 MB

Release : 2020-09-09

Category : Social Science

ISBN : 1760463787

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Book Description

Histories of the colonisation of Australia have recognised distinct periods or eras in the colonial relationship: ‘protection’ and ‘assimilation’. It is widely understood that, in 1973, the Whitlam Government initiated a new policy era: ‘self-determination’. Yet, the defining features of this era, as well as how, why and when it ended, are far from clear. In this collection we ask: how shall we write the history of self-determination? How should we bring together, in the one narrative, innovations in public policy and Aboriginal and Torres Strait Islander initiatives? How (dis)continuous has ‘self-determination’ been with ‘assimilation’ or with what came after? Among the contributions to this book there are different views about whether Australia is still practising ‘self-determination’ and even whether it ever did or could. This book covers domains of government policy and Indigenous agency including local government, education, land rights, the outstation movement, international law, foreign policy, capital programs, health, public administration, mission policies and the policing of identity. Each of the contributors is a specialist in his/her topic. Few of the contributors would call themselves ‘historians’, but each has met the challenge to consider Australia’s recent past as an era animated by ideas and practices of Indigenous self-determination.



Treaty and Statehood

Author : Michael Mansell

Publisher :

Page : 301 pages

File Size : 34,90 MB

Release : 2016

Category : Aboriginal Australians

ISBN : 9781760020835

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Book Description

If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...



Aboriginal Self-determination

Author : Gary Johns

Publisher : Connor Court Publishing

Page : 323 pages

File Size : 35,59 MB

Release : 2011

Category : Aboriginal Australians

ISBN : 9781921421860

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Book Description

Land rights, welfare and culture have locked aborigines out of the good life. Land has become a burden, welfare has become disabling, bad behaviour is mistaken for culture. There is a way out. Aborigines must abide by the same rules as every other Australian -- seek out opportunities, study hard, and free themselves from a culture of bad behaviour. This is in contrast to the white man's dream of Aboriginal self-determination. This grand experiment has failed. Aborigines, especially those in remote Australia, need an exit strategy from the dream. The exit strategy outlined in this book destroys the rallying cry for culture. Instead, it shows that the way to self-determination is through individual dignity.



Indigenous Courts, Self-Determination and Criminal Justice

Author : Valmaine Toki

Publisher : Routledge

Page : 328 pages

File Size : 27,17 MB

Release : 2018-04-09

Category : Law

ISBN : 1351239600

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Book Description

In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.



Wise Practices

Author : Robert Hamilton

Publisher : University of Toronto Press

Page : 385 pages

File Size : 13,22 MB

Release : 2021-10-01

Category : Law

ISBN : 1487537506

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Book Description

Indigenous peoples in Canada are striving for greater economic prosperity and political self-determination. Investigating specific legal, economic, and political practices, and including research from interviews with Indigenous political and business leaders, this collection seeks to provide insights grounded in lived experience. Covering such critical topics as economic justice and self-determination, and the barriers faced in pursuing each, Wise Practices sets out to understand the issues not in terms of sweeping empirical findings but through particular experiences of individuals and communities. The choice to focus on specific practices of law and governance is a conscious rejection of idealized theorizing about law and governance and represents an important step beyond the existing scholarship. This volume offers readers a broad scope of perspectives, incorporating contemporary thought on Indigenous law and legal orders, the impact of state law on Indigenous peoples, theories and practices of economic development, and grounded practices of governances. While the authors address a range of topics, each does so in a way that sheds light on how Indigenous practices of law and governance support the social and economic development of Indigenous peoples.



Aboriginal Self-determination

Author : Frank Cassidy

Publisher : IRPP

Page : 300 pages

File Size : 45,2 MB

Release : 1991

Category : Social Science

ISBN : 9780889821118

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Book Description

This collection of papers on self-government and self-determination for native groups (First Nations) in Canada, presents a variety of views on an acceptable definition, the implications of the ideas and theory, and means of implementation.



Reclaiming Indigenous Governance

Author : William Nikolakis

Publisher : University of Arizona Press

Page : 353 pages

File Size : 21,83 MB

Release : 2019-10-22

Category : Social Science

ISBN : 0816540543

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Book Description

Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.



Aboriginal Australia

Author : Colin Bourke

Publisher : Macmillan

Page : 316 pages

File Size : 45,95 MB

Release : 1998

Category : History

ISBN : 9780702230516

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Book Description

With an analysis of the traditional, colonial, and contemporary experiences of indigenous Australians, this study examines various facets of the lives of Aboriginal Australians and shows how their struggles enrich the Australian community as a whole. Insightful and engaging, this reference presents an investigation on the continual struggle facing Aboriginals to maintain a strong identity and heritage while actively participating in and contributing to the modern world.



Restructuring Relations

Author : Rauna Kuokkanen

Publisher : Oxford University Press

Page : 385 pages

File Size : 33,70 MB

Release : 2019-03-01

Category : Political Science

ISBN : 0190913304

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Book Description

Adopted in 2007, the UN Declaration on the Rights of Indigenous Peoples establishes self-determination--including free, prior, and informed consent--as a foundational right and principle. Self-determination, both individual and collective, is among the most important and pressing issues for Indigenous women worldwide. Yet Indigenous women's interests have been overlooked in the formulation of Indigenous self-government, and existing studies of Indigenous self-government largely ignore issues of gender. As such, the current literature on Indigenous governance conceals patriarchal structures and power that create barriers for women to resources and participation in Indigenous societies. Drawing on Indigenous and feminist political and legal theory--as well as extensive participant interviews in Canada, Greenland, and Scandinavia-- this book argues that the current rights discourse and focus on Indigenous-state relations is too limited in scope to convey the full meaning of "self-determination" for Indigenous peoples. The book conceptualizes self-determination as a foundational value informed by the norm of integrity and suggests that Indigenous self-determination cannot be achieved without restructuring all relations of domination nor can it be secured in the absence of gender justice. As a foundational value, self-determination seeks to restructure all relations of domination, not only hegemonic relations with the state. Importantly, it challenges the opposition between "self-determination" and "gender" created and maintained by international law, Indigenous political discourse, and Indigenous institutions. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.



First World, First Nations

Author : Gunter Minnerup

Publisher : Liverpool University Press

Page : 393 pages

File Size : 50,42 MB

Release : 2010-10-21

Category : Social Science

ISBN : 1836241704

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Book Description

Collects essays on the Indigenous peoples of Australia and Northern Europe, exploring the similarities and differences between the Indigenous experiences in the Nordic countries and Australia.