C4. The Concept of Self-Determination
Specific Expectations
C4.1
explain the evolution of self-determination as a core principle and fundamental right in international law (e.g. with reference to the Charter of the United Nations, 1945; the Geneva Conventions, 1929–49; the United Nations Convention Relating to the Status of Refugees, 1951; the Indigenous and Tribal Populations Convention, 1957 [No. 107]; the International Covenant on Civil and Political Rights, 1966; the Indigenous and Tribal Peoples Convention, 1989 [No. 169]), and suggest reasons why self-determination is essential to cultural survival
- What is the principle of self-determination?
- In what ways does the United Nations demonstrate respect for self-determination and promote its implementation?
- What mechanisms has the United Nations put in place to assist in the resolution of self-determination claims and conflicts?
- How has the United Nations’ interpretation of self-determination become more supportive of Indigenous peoples since the inception of the intergovernmental organization in 1945?
C4.2
analyse a variety of perspectives on and models of Indigenous sovereignty/self-governance to identify some arguments in support of Indigenous nationhood and self-determination (e.g., the importance for Indigenous peoples of a spiritual relationship with the land and water; the length of time over which Indigenous peoples have occupied the land; the universal right of self-determination)
- From an Indigenous perspective, what are some similarities and differences between sovereignty, independence, and self-governance?
- In what ways does a spiritual relationship with the land and water affect the ability of Indigenous peoples to establish sovereignty agreements?
- Do you think that the concept of shared sovereignty in certain areas, such as has been developed between New Zealanders and Māori people, provides a model for other nations to consider? Why, or why not?
- In what specific ways are Sami people in Finland, Norway, and Sweden attempting to secure rights over land and natural resources? Why is this process fundamental to achieving self-determination?
- The Comarca of San Blas (Kuna Yala) arrangement replaced the Indigenous reserve system in the San Blas Islands of Panama. How did it redefine the legal status of Kuna Yala?
C4.3
explain various challenges that self-determining Indigenous communities face as settler governments create, ratify, and implement international treaties that affect these communities (e.g., lack of recognition as sovereign nations, lack of consultation, lack of respect for Indigenous values, inadequate legal representation), analysing the significance of these challenges for cultural survival
- What role do settler governments have in defining Indigenous sovereignty/self-governance?
- How does the involvement of settler governments challenge the ability of Indigenous communities to define their political status and governance systems?
- How does the non-Indigenous notion of a treaty work against the aims of Indigenous peoples?”