Indigenous constitutional recognition from the point of view of self-determination and its exercise through democratic participation

INTRODUCTION: This paper is on Indigenous peoples’ right to self-determination and its exercise through democratic participation. First, I will expound on why the right to self-determination—as configured in international law, translated by many states and adopted by Indigenous communities—enhances liberal democratic governance. Then I will provide a cursory glance at the many and varied ways in which Western and non-Western liberal democracies have made efforts to accommodate Indigenous peoples in their public institutions. THE RIGHT TO SELF-DETERMINATION The normative principle of the right to self-determination has been adopted as the legal right underpinning Indigenous polities’ human rights worldwide. Within the framework of liberal democratic governance, the right to self-determination is the gold standard for virtually all countries with Indigenous populations—except for Australia