Indigenous Self-Determination and the State

The right of indigenous self-determination is now accepted at both the national and international level, but the exercise of the right to self-determination does not connote any specific institutional arrangement. This chapter, from the forthcoming book, Indigenous Peoples and the Law: Comparative and Critical Perspectives (Hart Publishing, Oxford), describes a variety of arrangements in Australia, Canada, New Zealand and the United States. Indigenous people have the greatest political autonomy in the sovereignty/self-government model found in the United States and in the latest self government agreements from Canada. The self- administration/self-management model provides for indigenous entities to deliver social services and educational services to their own communities. The co-management/joint management model provides for indigenous participation in the management of lands and resources. Finally, there are arrangements that provide for participation in public government. An example would be the guaranteed Maori seats in the legislature in Aotearoa/New Zealand