Modern Australian
Men's Weekly

.

Can colonialism be reversed? The UN's Declaration on the Rights of Indigenous Peoples provides some answers

  • Written by Dominic O'Sullivan, Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and Associate Professor of Political Science, Charles Sturt University

Can a state built upon the “taking of another people’s lands, lives and power” ever really be just?

Colonialism can’t be reversed, so at a simple level the answer is no.

But in my book, ‘We Are All Here to Stay’, published last week, I argue colonialism need not be a permanent state.

The United Nations Declaration on the Rights of Indigenous Peoples, which New Zealand is currently thinking about implementing, shows how and why.

New Zealand, Australia, Canada and the United States were the only UN members to oppose the declaration when it was adopted in 2007. They were worried about the constraints they thought it would place on state authority, in particular over Indigenous land.

All four have since changed their positions. In 2010, then New Zealand Prime Minister John Key argued:

While the declaration is non-binding, it both affirms accepted rights and establishes future aspirations. My objective is to build better relationships between Māori and the Crown, and I believe that supporting the declaration is a small but significant step in that direction.

The state’s right to govern is not absolute

The declaration recognises the state’s right to govern. But it also constrains it by recognising self-determination as a right that belongs to everybody — to Indigenous peoples as much as anybody else.

Self-determination has far-reaching implications for rights to land, language and culture and for government policy in areas such as health, education and economic development.

Read more: How to improve health outcomes for Indigenous peoples by making space for self-determination

The declaration’s 46 articles challenge the idea of state sovereignty as an exclusive and absolute right to exercise authority over Indigenous peoples. It parallels New Zealand’s Treaty of Waitangi by affirming Indigenous peoples’ authority over their own affairs and their right to meaningful influence as citizens of the state.

The fact that 144 UN member states voted for the declaration shows that the international community regards these assumptions as fair and reasonable. The declaration states:

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Indigenous people’s right to make their own decisions

The declaration provides different ways of thinking about political authority. The Māori right to make their own decisions, through iwi (tribes) and other independent institutions, and to participate as members of the wider political community implies a distinctive Māori presence in the sovereign state.

The Waitangi Tribunal, which was established in 1975 to hear alleged breaches of the Treaty of Waitangi, is a forum for thinking about these questions. In a tribunal report concerning Māori culture and identity, Justice Joe Williams, subsequently the first Māori appointed to the Supreme Court of New Zealand, argued:

Fundamentally, there is a need for a mindset shift away from the pervasive assumption that the Crown is Pākehā [non-Māori], English-speaking, and distinct from Māori rather than representative of them. Increasingly, in the 21st century, the Crown is also Māori. If the nation is to move forward, this reality must be grasped.

Read more: The Crown is Māori too - citizenship, sovereignty and the Treaty of Waitangi

From this perspective, the Crown is an inclusive and unifying institution. It is neither the Pākehā political community, nor the dominant party in a bi-cultural treaty partnership.

Beyond partnership to independence and authority

In 2019, the state’s solution to allegations of racist and ineffective practices in its child welfare agency Oranga Tamariki was to call for stronger partnerships between Māori and the state.

It is too early to say whether partnership agreements will reduce the numbers of Māori children taken from their families into state care.

But in 2020 independent reports into Oranga Tamariki show measures more robust than partnership may be required to assure Māori of the declaration’s undertaking that:

Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

Claims to the Waitangi Tribunal, arguing for independent authority in health and education and ensuring that Māori benefit fully from international trade agreements, have had mixed success for the Māori claimants. However, the declaration gives international authority to the arguments made.

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, Indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programs affecting them and, as far as possible, to administer such programs through their own institutions.

A colonial state may never be just. But as New Zealand considers its implementation of the declaration, the important moral question is whether the declaration can help people to work out what a state will look like if it no longer reflects the colonial insistence on power over others.

Authors: Dominic O'Sullivan, Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and Associate Professor of Political Science, Charles Sturt University

Read more https://theconversation.com/can-colonialism-be-reversed-the-uns-declaration-on-the-rights-of-indigenous-peoples-provides-some-answers-147017

Why Ceiling Fans Remain One of the Most Effective Solutions for Year-Round Comfort

Creating a comfortable indoor environment without relying heavily on energy-intensive systems is a priority for many households. Installing ceiling ...

Why an Industrial Air Compressor Is Vital for Modern Manufacturing

In many industrial environments, compressed air is as essential as electricity or water. An industrial air compressor provides the power needed to ...

Why Commercial Carpet Cleaning Services Matter for Professional Spaces

Clean carpets play a major role in shaping how a commercial space looks, feels, and functions. Commercial carpet cleaning services are essential fo...

5 Things to Consider Before Choosing a Commercial Painter

Choosing the right painter for a commercial business can be challenging. Regardless of the type and the size of the property, all commercial project...

Why Medical Fitout Melbourne Practices Rely on for Modern Healthcare Spaces

A well-planned medical fitout Melbourne is essential for creating healthcare environments that support patient care, clinical efficiency, and regula...

Luxury Builders Melbourne Crafting Homes Defined by Design and Detail

Building a premium home is about far more than size or appearance. It is about precision, craftsmanship, and a deep understanding of how refined spa...

Electric Sliding Door Solutions for Modern Living and Commercial Spaces

The way people move through spaces has changed dramatically over the years, and the electric sliding door has become a defining feature of that evol...

Australia’s New Fast Track to Advanced Care in Vietnam

For many Australians, the decision to seek medical care abroad often begins with a specific feeling: the quiet frustration of waiting. According to ...

Cardboard Boxes: A Practical Packaging Solution for Modern Businesses

Reliable cardboard boxes play a vital role in how goods are stored, protected, and transported across industries. From small retailers to large-sca...

The Rise of Smart Homes in Australia: What’s Worth Investing In?

Australia is in the midst of a home technology revolution. From energy efficiency to integrated security, today’s homeowners are transforming thei...

Winter Hairstyling Tips to Prevent Dryness

Winter can be particularly harsh on your hair. Cold air outside, dry indoor heating, and frequent temperature changes can strip moisture from the ha...

Short Term Loans in Australia: Practical Insights for Borrowers and Finance Professionals

Short term loans play a crucial role in Australia’s personal finance landscape. They are designed to cover short-term expenses, unexpected bills, ...

Best EPD Consultants in Australia

Environmental Product Declarations (EPDs) play an increasingly important role in the Australian construction, manufacturing, and infrastructure sect...

I/O Controller And Its Role In Modern Industrial Automation

Industrial automation relies on a range of advanced technologies to ensure precision, speed, and reliability in day-to-day operations. Among these t...

Hydraulic Systems And Their Importance In Modern Industry

A hydraulic system plays a vital role in powering machinery, controlling movement, and delivering high-force performance across countless industrial...

Why Australian Businesses Are Having a Second Think About Digital Growth

Running a business these days is a whole lot different to how it was even a few short years ago. Customers are better informed, there's more competi...

Restaurants Risk Compliance Issues Amid Commercial Plumber Shortage

As demand for housing, roads and facilities increases, so does the demand for trade workers. According to Infrastructure Australia, the construction i...

The Importance Of A Professional Medical Fitout Melbourne For Modern Healthcare Facilities

Healthcare environments must operate with precision, efficiency, and a strong focus on patient comfort. A well-planned medical fitout Melbourne hel...