UNDRIP AND THE INTERVENTION: INDIGENOUS SELF-DETERMINATION, PARTICIPATION, AND RACIAL DISCRIMINATION IN THE NORTHERN TERRITORY OF AUSTRALIA Cowan, Anna.  Pacific Rim Law & Policy Journal; Seattle Vol. 22, Iss. 2, (Mar 2013): 247-310. Copy Link Cite All Options You might have access to the full article... Try and log in through your institution to see if they have access to the full text. Log in through your library Content area Full Text Translate Headnote Abstract The adoption of the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP") by the General Assembly in 2007 was a landmark achievement in the development of indigenous rights under international law, particularly through its unequivocal recognition of indigenous peoples' right to self-determination. That same year, Australia launched a comprehensive Intervention into Aboriginal communities in the Northern Territory, which purported to safeguard important human rights but was heavily criticized for its discriminatory and non-consultative approach. This article explores the meaning of self-determination under international law, now that the long debate over whether indigenous peoples are "peoples" has finally been resolved. It then uses the result of that analysis as the basis for a critique of Australia's methodology in the Intervention. The article argues that self-determination entails the right of a people to control their own affairs through freedom from discrimination and meaningful participation in decision-making, and that the scope of self-determination must be the same for indigenous peoples as for 'all peoples' under international law. When assessed against these criteria, it is clear that Australia's Intervention methodology fell well short of the requirements of empowerment inherent in these established and evolving international human rights standards. As Australia moves beyond the Intervention towards Stronger Futures it is imperative that the mistakes of an approach based on discrimination and a failure to foster genuine participation by Aboriginal peoples are not continued. The lessons of the Intervention are relevant for other states beyond Australia as the international community moves to implement the standards in UNDRIP. I. Introduction Let us never forget this: . . . Australia's treatment of her aboriginal people will be the thing upon which the rest of the world will judge Australia and Australians-not just now, but in the greater perspective of history.1 Colonization, development, and modern "progress" have resulted in widespread marginalization for indigenous peoples in Australia2 and around the world.3 Virtually all indigenous peoples share common problems arising from systematic and persistent human rights violations, with indigenous status correlating closely with poverty.4

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