Implementing the United Nations Declaration on the Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP / the “Declaration”) was adopted by the United Nations General Assembly on September 13, 2007. Although Canada had been an active participant in drafting this document over a period of two decades, Canada opted to oppose the adoption in 2007, along with three other UN member nations: Australia, New Zealand, and the United States. Since then both Australia and New Zealand have reversed their position on the Declaration. In Canada, this past March, after more than two years of Indigenous advocacy, in its Speech from the Throne, Canada also expressed its intention to take steps to endorse the Declaration. Finally, on November 12, 2010, Canada announced that it had advised the President of the United Nations General Assembly that it was endorsing the UNDRIP.
The UNDRIP was adopted by the Chiefs-in-Assembly in Resolution No. 37/2007. It is an expression of the fundamental rights of Indigenous peoples around the world. It sets out the principles of partnership and mutual respect that should guide the relationship between states and Indigenous peoples. It provides ways to measure and assess the way states are respecting and implementing the rights of Indigenous peoples.
Key Issues and Activities
At the United Nations Permanent Forum on Indigenous Issues (UNPFII) meeting in New York in April 2010, National Chief Shawn A-in-chut Atleo was honoured to be selected to represent the North American Indigenous Caucus in the Half Day of Dialogue on North America.
The National Chief spoke to key areas for action by First Nations and the Government of Canada, including Treaties, citizenship, comprehensive land claims, border rights, water rights and missing and murdered Aboriginal women and girls. In each area, the National Chief identified the need to address these issues based on the principles of the UN Declaration – principles that serve to establish a minimum baseline upon which to address a wide range of issues affecting First Nations in Canada.
In June 2010, the UNPFII released its Report from its April session. The Report recommends, among other things:
The Permanent Forum urges the Governments of Canada and the United States to work in good faith with indigenous peoples for the unqualified endorsement and full implementation of the United Nations Declaration on the Rights of Indigenous Peoples, and urges that such endorsement and implementation honour the spirit and intent of the Declaration, consistent with indigenous peoples’ human rights.
The Permanent Forum encourages United Nations agencies and other bodies to offer training programmes for Canadian and national parliamentarians and United States members of Congress, and staff within national institutions such as human rights commissions and other agencies, with the aim of integrating the spirit and intent of the Declaration into national policies.
AFN Resolution 41/2010 concerning “Sacred Treaties-Sacred Trust: Working Together for Treaty Implementation and Advancing our Sovereignty as Nations” directs the AFN to provide First Nations with a draft resolution that can be passed by First Nation governments to reflect their own adoption of the UNDRIP. The draft resolution is included in the meeting materials for the December 2010 Special Chiefs Assembly.
Looking-Forward Agenda to Annual General Assembly – July 2011.
- To develop a First Nation implementation plan with the Government of Canada regarding the reflection of the standards set out in the UNDRIP within the laws and policies of Canada regarding Treaties, comprehensive claims, self-government and the full range of issues affecting First Nation and Canada relations.