Abstract:

Territorial autonomy is a common aspiration of many minority ethnic groups and the prevalent approach to the resolution of self-determination claims. Yet many parts of the world are characterised by a plethora of overlapping claims to territory. It is not possible for every group claiming a right to self-determination to have a homeland recognised, while some communities are so small and scattered so as to render territorial autonomy unfeasible. Nepal and Australia are two such cases, each comprising dozens of different Indigenous groups, many with overlapping claims. In such circumstances, non-territorial federalism would seem an obvious potential solution. However, it has barely been tried. This paper considers whether non-territorial federalism is a realistic approach to the resolution of self-determination claims in Australia? Firstly, it undertakes a review of non-territorial federalism around the globe in theory and practice. Secondly, it considers lessons from Nepal, where non-territorial federalism was proposed as a specific solution to the claims of small and scattered communities. Thirdly, it applies these lessons to the case of Australia and Indigenous self-determination claims. Using the Uluru Statement from the Heart as a point of reference, it discusses how the ‘personality principle’ – where membership of a political entity is based on identity rather than residence - can be applied in conjunction with federal principles. It argues that this framework would go some way towards delivering on three of the four key elements of the Uluru Statement from the Heart – a Voice, agreement-making and a recognition of sovereignty.

Biography:

Michael Breen is a McKenzie Postdoctoral Fellow in the School of Social and Political Sciences at the University of Melbourne. Prior to that Michael worked at Deakin University, after completing his PhD at Nanyang Technological University, Singapore. Michael's research focuses on federalism in Asia, the management of ethnic diversity, and the role of deliberative democracy in constitution-making and conflict management. Prior to academia, Michael was a policy maker, negotiator and project manager in various government departments in Australia and international organisations such as the United Nations Development Programme. He is a co-author of the Victorian Traditional Owner Settlement Act 2010 and former native title negotiator. Michael also worked in Nepal on its new federal democratic constitution and the idea of non-territorial federalism for Dalits, Muslims and other scattered communities.

Media:

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