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eBook details

• Title: Missed Meanings: The Language of Sovereignty in the Treaty Debate (Aboriginal Sovereignty)
• Author : Arena Journal
• Release Date : January 01, 2002
• Genre: Religion & Spirituality,Books,
• Pages : * pages
• Size : 209 KB

Description

In the ten years since the High Court's recognition of native title in the Mabo case, there has been intense scrutiny of the outcomes achieved through that recognition. For the most part this has focused on the number of successful determinations and the content of the rights reflected in those determinations. For those of us who look further afield at the changes in the political and legal environment occasioned by the recognition of native title, there is a stark contrast between the potential limits of native title, as evidenced in the adverse outcome in the appeal of the Yorta Yorta Nations, and the larger possibilities of the emergence of Indigenous rights to self-government. ATSIC chairman Geoff Clark has repeatedly suggested that the native title process has failed and has called for greater energy to be devoted to a treaty process. (1) It has therefore been assumed that there is a necessary disjunction between native title and a treaty process. I have argued elsewhere that native title as a property right cannot be separated from native title as a self-government right. (2) The process of determination and negotiation of Indigenous Land Use Agreements establishes Indigenous peoples as one group among hundreds of interest holders and, in its current form, does not adequately recognize the status of native title holding groups as political, legal and social entities. This is despite the fact that the establishment of these elements is part of the proof of native title. Recognition of a collective interest in land, which is demonstrated through proof of Indigenous peoples' status as lawmakers, necessarily involves the recognition of a sphere of Indigenous authority and autonomy. I will argue that native title in this sense is a recognition of an Indigenous or inherent sovereignty, as I understand that term, residing in Indigenous peoples. This is not a completely outlandish leap to make. Indeed, this necessary connection has been made recently in Canada, both in federal policy and by the courts. (3)

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