UNDRIP

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Laurentian University *

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Feb 20, 2024

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1 Assignment 1 Ashley Greer ISWK 4216 - Programs and Issues Frankie Misner Oct 5 2022

2 Colonization almost destroyed and entire Indigenous population while stripping them of their land, family, and culture with no considerations of repercussions (Henderson, 2018) . Their loved ones were kidnapped, murdered, or missing without a trace, they endured the Sixties Scoop, residential schools, and still live with these traumas today. As a result of colonization we see increased domestic violence, substance abuse, the fight for equality and basic living necessi- ties amongst others. It is no wonder the United Nations Declaration on the Rights of Indigenous People came to exist. This paper will further explore what it is, the history of the Working Group that brought this declaration forth, and next steps for Canada. The United Nations Declaration on the Rights of Indigenous Peoples is about the respect and recognition of the human rights of Indigenous peoples (Government of Canada, 2022). It af- firms a universal framework of minimum standards for the survival, dignity, and well-being of the world's indigenous peoples, and it expands on existing human rights standards and funda- mental freedoms as they apply to indigenous peoples' specific situations (United Nations, 2017). The Declaration is the most comprehensive international instrument on indigenous peoples' rights. It establishes a universal framework of minimum standards for the survival, dignity, and well-being of the world's indigenous peoples, and it expands on existing human rights standards and fundamental freedoms as they apply to indigenous peoples' specific situation (United Na- tions, 2017). Individual and collective rights, cultural rights and identity, education, health, em- ployment, language, and other issues are all addressed in the Declaration. According to the text, indigenous peoples have the right to fully enjoy all human rights and fundamental freedoms rec- ognized in the United Nations Charter, the Universal Declaration of Human Rights, and the rest of international human rights law, as a collective or as individuals (Hanson, n.d).They have the

3 right to freely determine their political status and pursue their economic, social, and cultural de- velopment as a result of this right. They have the right to preserve and strengthen their distinct political, legal, economic, social, and cultural institutions, while also retaining the right to fully participate in the state's political, economic, social, and cultural life if they so choose. The Decla- ration is particularly significant because Indigenous peoples, including Aboriginal and Torres Strait Islander peoples, were involved in its drafting. On June 21, 2021, the United Nations Dec- laration on the Rights of Indigenous Peoples Act (the Act) became law. The Act requires the Government of Canada to consult and collaborate with Indigenous peoples (Government of Canada, 2022). The Working Group on Indigenous Populations was established in 1982 and was one of six working groups overseen by the Sub-Commission on the Promotion and Protection of Human Rights, the United Nations Commission on Human Rights' main subsidiary body. The Working Group was formed as a result of a study conducted by Jos é R. Martinez Cobo on the issue of dis- crimination faced by indigenous peoples around the world. The study detailed indigenous peo- ples' oppression, marginalization, and exploitation (United Nations, 2017). In 1985, the WGIP began drafting a Declaration of Indigenous Rights in consultation with Indigenous representa- tives from around the world. The initial draught took eight years to develop and was submitted in 1993 to the Subcommission on the Prevention of Discrimination and Minority Protection (now known as the Subcommission on the Promotion and Protection of Human Rights), which ap- proved it the following year. Following its approval, the draft declaration was sent to the Com- mission on Human Rights, which formed a new working group comprised of human rights ex- perts and representatives from over 100 Indigenous organizations (Hanson, n.d). The process moved slowly due to concerns expressed by states about some of the draught declaration's core

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4 provisions, namely indigenous peoples' right to self-determination and control over natural re- sources found on indigenous peoples' traditional lands. Due to the need to address these issues, an open-ended inter-sessional working group was formed in 1995 to consider and elaborate on the 1994 draught declaration (United Nations, 2017). The final version of the Working Group represented a compromise between UN member states and Indigenous representatives. The draught was accepted by the UN Human Rights Council in 2006, and it was adopted by a major- ity of the UN General Assembly the following year (Hanson, n.d). The United Nations Declara- tion on the Rights of Indigenous Peoples was adopted by the General Assembly on Thursday, 13 September 2007, by a majority of 143 states in favour, 4 votes against. Years later the four coun- tries that voted against have reversed their position and now support the UN Declaration (United Nations, 2017). The Act is an important step in moving Canada ’ s relationship with Indigenous peoples forward. The Government of Canada will engage with Indigenous partners to better understand their priorities for the action plan and to identify potential measures for gradually aligning fed- eral laws with the Declaration. National and regional Indigenous organizations, Indigenous rights holders, modern treaty and self-governing nations, women's and youth organizations, 2SLGBTQQIA+ Indigenous people, urban Indigenous people, and other identified Indigenous groups will be involved (Government of Canada, 2021). In consultation and cooperation with In- digenous peoples, all federal departments will play critical roles in implementing the legislation. We anticipate that some of the discussions will include identifying new, innovative processes and creative ways of working together as the Government of Canada considers the development of the action plan and the measures needed to ensure our laws are consistent with the Declaration in collaboration with Indigenous peoples (Government of Canada, 2022). This Act establishes a

5 long-term and action-oriented framework for the federal government's implementation of the Declaration in collaboration with Indigenous peoples. This framework establishes accountability and clarifies the future path for Indigenous peoples, communities, industry, and all Canadians. This Act provides a clear vision for the future, ensuring that federal laws reflect the Declaration's standards while also respecting Aboriginal and Treaty rights recognized and affirmed by the Constitution (Government of Canada, 2021). While UN Declarations are not legally binding in general; however, they represent the dynamic development of international legal norms and reflect states' commitment to move in cer- tain directions while adhering to certain principles. The Declaration, on the other hand, is widely regarded as not establishing new rights, rather, it provides a detailing or interpretation of the hu- man rights enshrined in other international human rights instruments of universal resonance – as these apply to indigenous peoples and indigenous individuals. (United Nations, 2017). The Dec- laration is an important tool for eradicating human rights violations against the world's over 370 million indigenous peoples and assisting indigenous peoples and states in combating discrimina- tion and marginaliz ation. This Act establishes a long-term and action-oriented framework for the federal government's implementation of the Declaration in collaboration with Indigenous peo- ples. This framework establishes accountability and clarifies the future path for Indigenous peo- ples, communities, industry, and all Canadians. Reflection This was a really eye-opening assignment for me. While I clearly see the need for this, I was unaware it existed. It added another layer of understanding of how impactful colonization was and still is today and as much as I may try, I will never fully understand it. I am embarrassed

6 and ashamed that something like this even needed to be created and that it took Canada until 2016 to endorse it, but not pass it until June 21, 2021.

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7 References Government of Canada, D. of J. (2021, December 10). Backgrounder: United nations declaration on the rights of indigenous peoples act . Govern- ment of Canada, Department of Justice, Electronic Communications. Retrieved October 5, 2022, from https://www.justice.gc.ca/eng/declara- tion/about-apropos.html Government of Canada, D. of J. (2022, September 13). Implementing the united nations declaration on the rights of indigenous peoples act . Im- plementing the United Nations Declaration on the Rights of Indigenous People Act. Retrieved October 5, 2022, from https:// www.justice.gc.ca/eng/declaration/index.html Government of Canada, D. of J. (2022, September 23). About the Act . Gov- ernment of Canada, Department of Justice, Electronic Communica- tions. Retrieved October 5, 2022, from https://www.justice.gc.ca/eng/ declaration/legislation.html Hanson, E. (n.d.). UN Declaration on the rights of indigenous peoples . indige- nousfoundations. Retrieved October 5, 2022, from https://indigenous- foundations.arts.ubc.ca/ un_declaration_on_the_rights_of_indigenous_peoples/ Henderson, K. (2018, March 14). Understandings of colonization on Indige- nous Health . College of Medicine. Retrieved October 5, 2022, from https://medicine.usask.ca/news/2018/mymd/understandings-of-colo- nization-on-indigenous-health.php United Nations. (2017). United Nations declaration on the rights of indige- nous peoples for indigenous peoples . United Nations. Retrieved Octo- ber 5, 2022, from https://www.un.org/development/desa/indigenous- peoples/declaration-on-the-rights-of-indigenous-peoples.html

UNDRIP

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