抄録
This paper investigates important aspects regarding the promotion of indigenous "self-determination" as a measure to improve the current circumstances for indigenous peoples in Australia. It also examines how the aspects have been realized in university reform currently being promoted in Australia. The paper specifically focuses on Japanese and Australian programs involving indigenous issues and how it is related to the importance of their right to participate in a self-determination process involving indigenous issues. The participation of Aboriginal and Torres Strait Islanders should be promoted legally, through the review of issues such as the Aboriginal deaths in custody. Finally, the paper discusses the expansion of the university legal education system that has been designed for the promotion of Aboriginal and Torres Strait Islanders judicial participation. This is through the introduction and development of a learning assistance system at entry level and during the attendance period. The Aboriginal and Torres Strait Islanders' marginal legal situation in Australian society has been confirmed through the examination of the above aspects. This may be instigated by the high rate of arrests and unfair treatment being caused by a relatively low level of understanding of Aboriginal and Torres Strait Islanders in criminal judicial aspects. On the other hand, there has been a legal initiative of introducing Aboriginal views in a self-determination process to prevent them from being falsely charged. This is a pro-active correction policy, that is trying to increase the presence of Aboriginal and Torres Strait Islanders in legal organizations, through their participation in legal matters. This is specifically being developed through the extension of a legal education system at university. A learning assistance program designed for the promotion of Aboriginal and Torres Strait Islanders' studies is given during the study of law at university. Additional support, such as a Pre-Law Program, is also given in the period prior to their entrance to a law school. During their attendance, the Law Faculty supports a trial scheme for Aboriginal and Torres Strait Islanders that provides them with equal academic opportunities. Although the university extension program discussed in this paper for Aboriginal and Torres Strait Islanders in Australia raises various issues, it is expected to play a crucial role in the achievement of their legal capabilities and "self-determination".
