right to self-determination

  • A Comparison of Nisga’a Self-Government and International Standards of Indigenous Self-Determination

    Author: Agnieszka Szpak
    E-mail: aszpak@umk.pl
    Institution: Nicolaus Copernicus University, Poland
    ORCID: https://orcid.org/000-0001-7601-1230
    Year of publication: 2020
    Source: Show
    Pages: 77-95
    DOI Address: https://doi.org/10.15804/ppsy2020305
    PDF: ppsy/49-3/ppsy2020305.pdf

    The paper concentrates on the right to self-determination of indigenous peoples on the basis of the Nisga’a Nation. The author analyzes the most important provisions of the Nisga’a Final Agreement, in particular those envisaging self-determination of the Nisga’a Nation. Then the author briefly examines the Nisga’a Constitution which may be regarded as a means to implement the Nisga’a Final Agreement. It shows how the Nisga’a selfgovernance model fits into the provisions on self-determination of indigenous peoples. The thesis of this paper is that the Nisga’a self-governance is consonant with international legal standards expressed in the UN Declaration on the Rights of Indigenous Peoples. Nisga’a selfgovernment model is much more than just cultural autonomy: it actually amounts to political autonomy. This subject is worth exploring because it may serve as a pattern to be followed with reference to other indigenous peoples, not only in Canada.

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