Articulating self-determination in the draft declaration on the rights of indigenous peoples

Current negotiations on the draft Declaration on the Rights of Indigenous Peoples envisage an indigenous peoples' right of self-determination. Development of a suitable provision on self-determination provides an opportunity for the world community to articulate more clearly what is meant by the right to self-determination outside traditional contexts. Examining the international legal authorities with a bearing on the subject, this article focusses on indications that a requirement of self-determination is representative government. The article develops the view that self-determination should accordingly be considered as a conceptual composite incorporating provision for political participation, autonomy, choice of community and negotiated self-determination. From this model of self-determination will flow political structures and measures which specifically take into account the particular identity and situations of indigenous peoples.