This book is about Aboriginal children and the need for fundamental changes in
the design, management and delivery of child welfare services within Aboriginal
communities in Canada and Australia. However, the effective implementation of
those changes requires a journey well beyond the single issue of child welfare to
the heart of the debate over self-government, self-determination and sovereignty
in both national and international law.
In September 2007 the United Nations adopted the UN Declaration on the
Rights of Indigenous Peoples. It is hoped the Declaration will mark a new dawn
in the often troubled relationship between indigenous peoples and international
law. It represents the culmination of a number of important changes to some of
the more problematic assumptions which have underpinned international law
and which, for many years, have undermined State relations with indigenous
peoples. International law continues to have serious limitations as a site for the
successful decolonization of indigenous peoples. However, the last 60 years have
seen a considerable weakening in the once exclusive state-centric foundations of
international law, a corresponding willingness to afford greater legal recognition
to the rights and interests of sub-state groups and growing recognition of the
importance of protecting and supporting a wide range of diverse cultures and
traditions. With the UN Declaration on Indigenous Peoples enshrining long overdue
recognition of indigenous peoples as colonized peoples, these developments hold
out enormous promise for indigenous peoples, vindicating their strong commitment
to international law as the most appropriate forum in which to address the many
complex problems facing their communities