Self-determination of Australian Aborigines
Encyclopedia
The concept of self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...

has, since 2003, become a topic of some debate in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

 in relation to Indigenous Australians
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....

.
In the early 1970s, the Aboriginal community approached the Government of Australia
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...

 and requested the right to administer their own communities. This encompassed basic local government functions, ranging from land dealings and management of community centres to road maintenance and garbage collection, as well as setting education programs and standards in their local schools.

The Federal Government assented (with certain conditions) and a central Aboriginal administrator called ATSIC (Aboriginal and Torres Strait Islander Commission) was appointed and constituted to allocate and distribute funds to the various Aboriginal communities and to liaise with the Federal Government regarding the welfare of Aboriginal areas that required improvement and/or funding. Some argued that this was a form of self-determination or were, at the very least, initial step towards self-determination because Aboriginal people were becoming a 'self-contained' people within Australia. In addition, Aboriginal people had recently acquired native-title land rights following the Mabo decision of the High Court of Australia in the late 1980s.

However, others have argued that this was not sufficient to be described as self-determination, simply because the Federal Government retained and at times exercised its power over Aboriginal communities and ATSIC. It would seem (although this view may be disputed) that a people's independent law-making power may be the great dividing line between self-determination and merely "steps towards" self-determination.

The reason that the distinction came into dispute was because ATSIC was surrounded by controversy in 2004-2005. There were allegations of mismanagement and a few rumours circulated about substantial amounts of money that had "gone missing" or been given to third parties under unusual circumstances. Furthermore, a senior member of ATSIC was accused of rape and a trial followed. In any case, the Federal Government terminated ATSIC's commission and reassumed full control of Aboriginal welfare and allocating/distributing funding.

In terms of self-determination, this would be regarded as a backward step. But some in the Australian Federal Government have attempted to use this "mess" to argue that self-determination is destined to fail or not a viable option. However, those who believe in self-determination argue that the establishment of ATSIC and so on was not really self-determination and therefore, we should not look at recent events to dismiss the possibility of self-determination working in the future.

Hence, self-determination has been held to be an example of an advancement of the fundamental political rights of politically bounded 'peoples' at work, but also as an example of an abstract theory that has been implemented in contexts with sometimes severe political and national conflict.
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