“The Member States of the United Nations must…play a more substantive, proactive and central role in the campaign to respect and recognize Indigenous peoples’ human rights. They must take their obligations seriously, both at the international and domestic levels…Inaction is not an option.”
~Excerpt from State of the World’s Indigenous Peoples (SOWIP), released Feb 17, 2010 by the United Nations Department of Economic and Social Affairs
On November 12, 2010 the Government of Canada officially endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This was a positive step given that Canada was one of four countries to vote against the UNDRIP when it was first adopted by the United Nations General Assembly in September 2007. The endorsement was greeted with enthusiasm by Aboriginal and civil society groups across Canada.
This endorsement, however, is only the first step towards right relations. The Assembly of First Nations (AFN) described it as setting the stage for “a new approach to building stronger First Nations and a stronger Canada.” The Inuit Tapiriit Kanatami (ITK) called it a “positive starting point” but went on to say that “effective implementation of the UNDRIP in Canada requires… incorporation of its principles into current and future laws and the policies and programs that have resulted in Inuit being left behind other Canadians.”
What is the Declaration?
The UNDRIP is a landmark document more than 20 years in the making, created in consultation with Indigenous groups and governments from around the world. It contains several key themes:
- An emphasis on collective rights “to a degree unprecedented in international human rights law”. This is important as Indigenous cultures tend to be based on collective perspectives and some rights, such as the right to language or culture, only make sense when they can be protected collectively.
- The right to self-determination, allowing Indigenous peoples to “freely determine their political status and pursue their economic, social and cultural development.”
- The right to free, prior and informed consent, a key aspect of self-determination, which stipulates that Indigenous peoples have the right to grant or withhold approval of actions which affect them, including natural resource development.
- Land rights “in the context of the profound relationship that indigenous peoples have to their lands, territories and resources”, which include the right to subsistence practices and the right to determine their own priorities for development.
- The right to redress for past, present or future violations of the rights laid down in the UNDRIP.
Ultimately, as summarized by the United Nations, the Declaration “outlaws discrimination against Indigenous peoples, promotes their full and effective participation in all matters that concern them, as well as their right to remain distinct and to pursue their own visions of economic and social development.” It demands governments develop new approaches to working with Indigenous peoples that are more participatory and partnership-based. While the Declaration is not legally binding it is important to note that it is meant to clarify rights enshrined in previously existing international human rights instruments. It is meant to “represent the dynamic development of international legal norms and reflect the commitment of states to move in certain directions, abiding by certain principles.”
Endorsement vs. Implementation
In 2010 the United Nations Permanent Forum on Indigenous Issues (UNFPII) released a report titled State of the World's Indigenous Peoples containing discussion of how to assess Indigenous rights “on the ground,” saying
“The right of self-determination is recognized as a pre-requisite to the exercise and enjoyment of all human rights… In this regard, do indigenous people exercise their human right to development, including social development, economic development, cultural development and spiritual development?”
Using this as a benchmark with which to measure the degree to which Indigenous rights are realized and the Declaration is implemented can provide understanding of how far we have to go in Canada. The Canadian Human Rights Commission has said that “the social and economic situation of Aboriginal people [is] among the most pressing human rights issues facing Canada.” For instance, the suicide rate for Inuit is 11 times that of the rest of Canada, 70% of First Nations on reserve don’t complete high school, and 60% of Aboriginal children in cities live below the poverty line. When discussing Aboriginal groups and Canadian government relations, the UN Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous people stated in 2004 that “the uneven negotiating power between the parties tends to tilt the balance in favour of the interests of the federal or provincial governments.”
Indeed, the contrast between the standards of the Declaration and the actual situation for Canada’s Aboriginal peoples emphasizes the gap between principles and practice and reinforces the point made by groups such as the AFN and the ITK – that endorsement is a good first step but it is by no means an end in and of itself. As the Chair of the UNFPII stated on the occasion of the adoption of the UNDRIP
“Effective implementation of the Declaration will be the test of commitment of States and the whole international community to protect, respect and fulfill Indigenous peoples’ collective and individual rights.”
So, as we move forward from the endorsement, Canadians should ask: how will Canada rise to this challenge?
For those interested in supporting implementation of the UNDRIP in Canada, please join CPJ and DfA on June 20th in participating in the Roll with the Declaration day of action in Ottawa, a campaign formally endorsed by both CPJ's Board and DfA. For more information, please visithttp://www.kairoscanada.org/fileadmin/fe/files/PDF/TakeAction/RollInOtta....
