Designing Indigenous Institutions According to International Standards

Abstract

This article considers international standards of indigenous self-determination and self-governance rights exercised through establishment of indigenous representative institutions. In doing so, this article examines necessary processes of engagement a State should implement, that includes Indigenous people in the design, development, and maintenance of their own representative institutions so that they can function effectively. This article also considers how national indigenous representative institutions have been established and maintained in Australia and Canada given both chosen jurisdictions share similar colonial experiences yet have different formal legislative arrangements in place for Indigenous institutional representation at a national level. It then considers how, given their differing circumstances, those institutions in each jurisdiction work effectively and in partnership with the State. Ultimately, this article canvasses both the advances and limitations that Indigenous peoples of Australia and Canada have experienced with seeking to legislatively implement internationally recognised Indigenous rights within their State’s legal system. In doing so, this article seeks to highlight the lessons that can be learned from both jurisdictions’ experiences and emphasise the importance of achieving better outcomes for Indigenous peoples through a state’s implementation and support of self-governance and self-determination rights.