Modern Australian
The Times

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

What Every Homeowner Should Know About Roof and Drainage Maintenance

A home's roof and drainage system work together every day to protect the property from water damage. While many homeowners focus on visible areas such...

From Plans to Priced Quote: The Estimating Workflow Most Builders Skip

For a small one-off job, an experienced builder can size up the materials in their head. The problem is that most jobs are not small one-off jobs, and...

Organisational Experts Share Their Tips for Achieving a Clutter-Free Kitchen

They say the kitchen is the heart of a house which means a clutter-free kitchen not only makes your home in general look nicer, it also makes cookin...

10 Creative Ways AI Image Extenders Are Transforming Digital Content Creation in 2026

Introduction Artificial intelligence continues to reshape the digital landscape, and one of the most exciting innovations in 2026 is the rise of AI i...

What to Do When You're Arrested in Victoria

Most people have thought about this in the abstract. A knock at the door, a hand on the shoulder, a car pulled over on the Hume. In the abstract, th...

Common Financial Disputes During Separation

Separation hits on many levels, not just emotionally. When a partnership ends, untangling the financial side — assets, debts, and everything built t...

Why Posting More Content is Killing Your Brand

More content. More often. More platforms.Most brands have been running this playbook for three years. Most brands have nothing to show for it.Not be...

Garden Clean-Up vs. Regular Maintenance: Which Do You Really Need?

Most people ring a gardener and ask for a "tidy up." What they mean by that, and what the garden actually needs, are often two completely different ...

Solar Panel Maintenance Tips for Melbourne Homes

Three years in and the panels are still on the roof. The inverter is still blinking. The electricity bills are still lower than they used to be, rou...

Cost Effective Kitchen Renovations – From the Ground Up

Even in times of uncertainty, it seems renovations continue to be on the to-do list for many Australian property owners. As a result, demand on materi...

Why Bathroom Product Selection Matters More Than Most Homeowners Realise

Most homeowners think wrong when it comes to a bathroom renovation. They think hard about the layout. Spend hours choosing tiles. Agonise over pain...

How An Asbestos Removalist Ensures Safe And Compliant Property Environments in Melbourne

Maintaining a safe environment within residential and commercial properties requires careful management of hazardous materials, which is why engaging ...

Why Protein Bars Are A Convenient Option For Daily Nutrition And Energy

Maintaining balanced nutrition throughout the day can be challenging, especially for individuals with busy schedules, which is why protein bars hav...

Property Settlements After Separation: Key Considerations

Dividing assets after a separation is one of the more complex and emotionally charged aspects of the process. Understanding how property settlements...

Why Dust Control Matters During Bathroom Demolition

People usually expect bathroom demolition to be noisy.  No one thinks of dust — but it turns up everywhere. Inside cupboards. On couches. Along...

Why Roller Shutters And Outdoor Blinds Are Popular For Modern Properties

Many homeowners and businesses now install roller shutters to improve security, privacy, insulation, and weather protection across residential and ...

Slushie Machine Hire for Events: What to Check Before Booking

There's a moment at every great event when guests stop what they're doing and just enjoy something. A slushie machine is often that moment. It draws p...

Why AS/NZS Certified Sunglasses Are Essential for Australian Kids

Australia has some of the highest UV radiation levels in the world. That's not a warning label exaggeration; it's a measurable, documented fact that s...