Self-Determination of Indigenous Peoples in Greenland: A Comparison with The Orang Asli in Peninsular Malaysia

Hashimah Binti Abdul Halim, Rohaida Nordin

Abstract


For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose political status and cultural or economical development and can be considered as one of the vital rights for indigenous peoples as it allows the community to decide on various aspects of their lives. Looking beyond that, this concept can be further classified into external and internal self-determination and each country may adopt a different approach to this right. As Greenland has a relatively higher population of indigenous peoples, the laws and regulations on indigenous peoples can be distinct. Therefore, this study examines the availability of self-determination policies and possible issues on it’s implementation in Greenland in comparison to the rights of the Orang Asli in Peninsular Malaysia. By using critical legal analysis, this study provides an insight to the exercise of self-determination rights of the indigenous peoples in other jurisdiction and the relevancy of the same right in Malaysia which can help to identify certain aspects to be improved on in the existing national indigenous peoples’ rights laws.

Keywords


Self-Determination; Indigenous peoples; Self-Government; Greenland; Malaysia;

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References


Aboriginal Peoples Act of Malaysia. 1954.

Cobo, J. M. 1987. Study of the Problem of Discrimination Against Indigenous Populations: Final Report E/CN.4/ Sub.2/1986/7/Add.4. New York: United Nations.

Cultural Survival. 2015. Observations on the State of Indigenous Human Rights in Denmark in Light of the UN Declaration on the Rights of Indigenous Peoples Denmark.

Danish Parliament website. Parliament’s composition. Retrieved June 14, 2020, from.https://www. thedanishparliament.dk/en/democracy/parliaments-composition

Dessanti, C. 2015. Indigenous peoples’ right to self-determination. Intra Vires 1.1: 45-55.

Dwyer, H., & Burgan, M. 2012. Inuit history and culture. New York: Gareth Stevens Pub.

Edited by Mamo, D. 2020. The Indigenous world. 34th ed. Copenhagen, International Work Group for Indigenous Affairs (IWGIA).

Federal Constitution of Malaysia. 1957.

Foighel, I. 1980. Home rule in Greenland. Cph.: Nyt Nordisk Forlag.

Freeman, M. M. 2000. Endangered peoples of the Arctic: Struggles to survive and thrive. London: Greenwood Press.

Graugaard, N. D. 2009. National Identity in Greenland in the Age of Self-Government. Centre for the Critical Study of Political Power and Politics. 1-70.

Holle, M. L. 2019. The Forced Relocation of Indigenous Peoples in Greenland – Repercussions in Tort Law and Beyond. Copenhagen Business School Law Research Paper. Series 19-40.

Home Rule Act of Greenland. 1979

Ibp, I. 2018. Greenland Economic and Development Strategy Handbook - Strategic Information, Regulations Opportunities. 6th edition. USA: International Business Publications.

Larsen, J. N., Fondahl, G., & Rasmussen, H. 2014. Arctic human development report: Regional processes and global linkages. Copenhagen, Nordic Council of Ministers.

Lennox, C., & Short, D. 2018. Handbook of Indigenous Peoples’ Rights. London: Routledge.

Mortensen, B., & Barten, U. 2016. The Greenland Self- Government Act: The Pitfall for the Inuit in Greenland to Remain an Indigenous People. Yearbook of Polar Law. 8,103-128.

Nordin, R., & Witbrodt, M. A. 2012. Self-determination of indigenous peoples: The case of the Orang Asli. Asia Pacific Law Review 20(2): 189-210.

Nordin, R. 2018. Rights of the indigenous peoples in Peninsular Malaysia: Domestic and international perspectives. Bangi: Penerbit Universiti Kebangsaan Malaysia.

Nuttall, M. 2005. Encyclopedia of the Arctic. New York: Routledge.

Politics in Greenland. (n.d.). Retrieved June 11, 2020, from https://naalakkersuisut.gl/en/About-government-of-greenland/About-Greenland/Politics-in-Greenland

Rasheed, A. 2017. Iraqi court rules Kurdish independence vote unconstitutional. Retrieved July 06, 2020, from https://www.reuters.com/article/us-mideast-crisis-iraq-kurds-idUSKBN1DK0Q6

Self-Government Act of Greenland. 2009

Seymour, M. 2011. Internal Self-Determination and Secession. In The Ashgate Research Companion to Secession, edited by Pavkovic, A. et al., 385-397. Fanham, Burlington: Ashgate.

Skutsch, C. 2005. Encyclopedia of the World’s Minorities. New York: Routledge

Steinberg, P., Tasch, J., & Gerhardt, H. 2018. Contesting the Arctic: Politics and Imaginaries in the Circumpolar North. London: I.B. Tauris.

Spiermann, O. 2004. Hingitaq 53, Qajutaq Petersen, and Others v. Prime Minister’s Office (Qaanaaq Municipality and Greenland Home Rule Government Intervening in Support of the Appellants). The American Journal of International Law. 98(3), 572.

Takahashi, M. 2016. The Politics of the Right to Self- Determination: Reframing the Debate on Greenland’s Autonomy. Eurasia Border Review. 6(1), 25-43.

The United Nations General Assembly. 1966. International Covenant on Civil and Political Rights. Treaty Series, 999, 171.

The United Nations General Assembly. 2007. United Nations Declaration on the Rights of Indigenous Peoples (A/61/L.67 and Add.1).

Ulfbeck, V., Møllmann, A., Mortensen, B. O. 2018. Responsibilities and liabilities for commercial activity in the Arctic: The example of Greenland. Milton Park, Abington, Oxon, United 1Kingdom, Routledge, Taylor & Francis Group.

UN Human Rights Council 2019. Report of the Special Rapporteur on the Rights of Indigenous People. UN General Assembly. A/HRC/42/37/Add.2

Ureland, P. S. 1996. Language contact across the North Atlantic: Proceedings of the working groups held at University College, Galway (Ireland), August 29 - September 3, 1992 and the University of Göteborg (Sweden), August 16-21, 1993. Tübingen: Niemeyer.


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