To what extent does the United Nations facilitate self-determination and Indigenous rights to participate in decision making?

Abstract

The United Nations has witnessed an increasing level of recognition of Indigenous rights since the adoption of the Declaration in 2007. This thesis examines the extend to which the United Nations facilitates the recognition of Indigenous rights to self-determination in this emerging area of international law and assesses its impact domestically within settler-states. Specifically, it assesses the capacity for Indigenous advocacy at the United Nations to influence colonial-settler states’ recognition of Indigenous rights to self-determination, as asserted in the Declaration on the Rights of Indigenous Peoples and seeks to identify means to increase its efficacy.

The study draws a comparative analysis from four settler-states, Canada, the United States of America, New Zealand and Bolivia, to highlight lessons that may inform the Australian context. The research aims to assess settler Governments’ responsiveness and capacity within the United Nations framework to better facilitate the recognition of self-determination and avenues for adjudication, reparation and redress for Indigenous Peoples.

The thesis implements a Transformative Indigenous Rights Theory which privileges Indigenous voices and enacts a decolonizing intent. Methodologically, the thesis draws on interviews with Indigenous leaders involved in UN processes and an action-based praxis approach, which highlighted the correlation between local and global advocacy.