Background
The UN General Assembly (UNGA) adopted the United Nations Declaration on the Rights of Indigenous Peoples on Thursday, 13 September 2007. Among 192 members of the nation-states, a majority of 144 states voted in favour of the resolution. Four voted against, and 11 members abstained from voting on the resolution. Canada was one of the four countries, alongside Australia, New Zealand, and the United States, which voted against the adoption of the UNDRIP resolution. Although Canada recognised UNDRIP in November 2010, it only officially adopted the resolution on 10 May, 2016. However, Canada was not legally bound to follow UNDRIP as it was not enacted in Canadian law. Finally, on 21 June 2021, it became law when the United Nations Declaration on the Rights of Indigenous Peoples Act came into force in Canada.
“Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination.”
United Nations Declaration on the Rights of Indigenous Peoples (2007)
The UNDRIP is the sole document enshrining the human rights of Indigenous peoples worldwide. It safeguards fundamental individual and collective rights, including education, health, housing, employment, culture, language, and many more. The Declaration further recognizes Indigenous peoples have been systematically discriminated against and subject to a wide array of destructive colonial practices. Given the history of subjection and discrimination, UNDRIP therefore asserts the rights entitled to Indigenous peoples through the Declaration are just and fair.
It took over twenty years of dialogue and negations to finally adopt the resolution to enshrine the rights of Indigenous peoples. The process of drafting the resolution began in 1982 when the United Nations Economic and Social Council established the Working Group on Indigenous Populations. By 1993, the Working Group, was able to submit a final text to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities. The text became approved in 1994 and was sent to the U.N. Commission on Human Rights for further and final approval.
Canada & UNDRIP
Initially, Canada did not want to adopt the Resolution as certain Articles of UNDRIP posed challenges for the government. Canada’s colonial past, subjugation of the Indigenous population, and the ongoing dominance of settler culture put the country at odds with the spirit and intent of the Declaration. Practical matters were also a potential source of conflict, such as the Canadian government accepting UNDRIP articles related to land disputes and resource distribution. A significant challenge was the need for free, informed, and prior consent of Indigenous peoples before making decisions on any issue affecting an Indigenous population, Nation, or community. Canada therefore cited the Resolution as potentially endangering the country’s sovereignty, defending the decision to vote against it by stating it was not consistent with Canadian constitutional law. At the time, the Canadian government also asserted they were already upholding equal human rights for all citizens and therefore did not require a separate resolution to address and uphold the rights of Indigenous populations in the country. However, Canada’s track record regarding long-standing drinking water advisories in First Nations, poor educational infrastructure, widening health outcomes, and inadequate housing for First Nations and Indigenous peoples across the country arguably suggested otherwise. In 2010, the Conservative Harper government followed a similar path to that of the United States, Australia, and New Zealand by adopting UNDRIP as a statement of aspirations but not as a legally binding document.
Indigenous Support & Advocacy for UNDRIP
Since 2010, there has been continuous advocacy by Indigenous leaders and supporters in Canada to implement UNDRIP in Canadian legislation. Despite consistent support by the Truth and Reconciliation Commission of Canada (TRC), two bills on UNDRIP failed to advance in Parliament. However, the Canadian view of UNDRIP shifted after Justin Trudeau became Prime Minister upon election of a Liberal government in 2015. A campaign promise, Prime Minister Trudeau had Canada sign the document. Finally, in December 2020, the government moved forward with a framework of legislation, Bill C-15, with the intent of implementing UNDRIP. Parliament passed the bill, and it came into force after receiving Royal Assent on June 21, 2021. Recently, in June 2023, Canada released the 2023-2028 UN Declaration Act Action Plan in collaboration and discussion with First Nations, Inuit and Métis from across Canada. The need for implementing the UN Declaration Act and the Action Plan has been noted as particularly important to fight systematic racism and discrimination, as well as to improve the socio-economic conditions and to promote greater equality for Indigenous peoples in Canada.
Canada’s rhetoric towards Indigenous peoples and commitment to reconciliation has improved drastically since 2015; however, much work remains to be done. A step forward, the Canadian government has committed to co-developed legislation and collaboration with Indigenous partners. Canada allocated $31.5 million over two years from 2021-2022 to develop an action plan to implement and achieve the objectives of the UNDRIP Declaration. Furthermore, Indigenous Services Canada (ISC) has allocated $76.3 million for 2023-24 to advance the administrative capacity of First Nations governments and tribal councils, for the express purpose of advancing Indigenous self-determination and economic reconciliation. For example, the recently amended First Nations Fiscal Management Act enables First Nations to earn more revenue to improve socioeconomic circumstances by exercising their jurisdiction over property taxation and financial administration.
Conclusion
The United Nations Declaration on the Rights of Indigenous Peoples Act allowed the Government of Canada and the Indigenous peoples in Canada to forge a renewed relationship by enacting and interpreting UNDRIP through Canadian law. Notably, although it provides a framework for implementing the UN Declaration at the federal level, six provincial governments still oppose the legislation. In November 2019, British Colombia was the first among all the provinces to pass legislation to implement UNDRIP. There are no federal legislative challenges that prevent the provinces to create their own plan to implement UN Declaration. True reconciliation can only be achieved when the Declaration will be adopted as a framework on all levels of government.