Week 7 Notes on the United Nations Declaration of the Rights of Indigenous Peoples

Week 7: The United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) 1. **Universal Declaration of Human Rights (UDHR)** (1948): - States everyone is entitled to basic human rights like equality and freedom from discrimination. - Rights are universal (for every...

Week 7: The United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) 1. **Universal Declaration of Human Rights (UDHR)** (1948): - States everyone is entitled to basic human rights like equality and freedom from discrimination. - Rights are universal (for everyone), inalienable (cannot be taken away), and indivisible (one right depends on others). - [Universal] 1. We are ALL entitled - [Inalienable] 2. Should not be taken away (exceptions for specific situations with due process -- liberty would be restricted if someone was found guilty and sentenced to jail) - [Indivisible and interdependent] 3. One right cannot be enjoyed fully without other rights - [Equal and non-discriminatory] 4. Article 1 of the UDHR states: "All human beings are born free and equal in dignity and rights." Freedom from discrimination, set out in Article 2, is what ensures this equality - [Both a right and obligation] 5. States cannot interfere with human rights and have an obligation to protect against abuses, as well as facilitate the enjoyment of them **UNDRIP** Video: \"The United Nations Declaration on the Rights of Indigenous Peoples Explained\" highlights key elements of UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples). The declaration affirms the rights of Indigenous peoples worldwide, focusing on their rights to self-determination, protection from discrimination, and the ability to maintain and strengthen their cultures and traditions. Some key points discussed include: - **Self-determination**: Indigenous peoples have the right to govern themselves and manage their own affairs. - **Cultural Preservation**: Indigenous groups can maintain their cultural practices, languages, and traditions. - **Land and Resources**: There is a strong emphasis on the rights of Indigenous peoples to their lands, territories, and resources, which are essential to their identity and livelihood. - **Consultation and Consent**: Indigenous groups must be consulted and give their free, prior, and informed consent before any developments occur on their lands. This declaration serves as a global framework to address historical wrongs and create legal standards to protect Indigenous rights. It plays a critical role in reconciliation efforts, particularly in countries like Canada, where the implementation of UNDRIP is seen as crucial for improving relationships between governments and Indigenous communities​ **History of UNDRIP** - 1982 - UN Special Rapporteur of the Sub commission on the Prevention of Discrimination and Protection of Minorities, José R. Martinez Cobo, released a study about the systemic discrimination faced by Indigenous peoples worldwide. His findings were released as the "Study of the Problem of Discrimination against Indigenous Populations" - Study showed discrimination and marginalization of Indigenous peoples, as well as exploitation  - Working group created 1993 - Draft submitted 1994 - Approval of the 1st draft of declaration on the rights of Indigenous peoples - Process slowed because of concerns from member States on the right to self-determination and control over natural resources on traditional lands'- consider, why was this a concern? 1995 - Open-ended intersessional working group to deal with these concerns established.  The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was developed over many years to address discrimination and exploitation faced by Indigenous peoples. Starting in 1982, a working group created the first draft of the declaration in 1994, but it faced delays because some countries were concerned about Indigenous rights to self-determination and control of resources. After years of discussion, the declaration was adopted by the U.N. General Assembly on September 13, 2007, with 144 countries in favor. Initially, countries like Canada and the U.S. opposed it but later changed their stance and supported it. UNDRIP now serves as an important framework to protect Indigenous rights globally. 2006/2007 - Declaration was adopted by the United Nations Human Rights Council - Non -- signatories: Australia, Canada, New Zealand, United States 1. argued that the level of autonomy recognized for Indigenous peoples in the UNDRIP was problematic and would undermine the sovereignty of their own states, particularly in the context of land disputes and natural resource extraction - "constitute the minimum standards for the survival, dignity and well being of the Indigenous peoples of the world." 2009/2010 - Australia, Canada, New Zealand, United States officially endorse UNDRIP 1. PM Harper says, 'aspirational document' and not legally binding May 2016 - [Canada removes objector status with UN](https://www.cbc.ca/news/indigenous/canada-adopting-implementing-un-rights-declaration-1.3575272) June 2021 -- bill C15 receives royal assent in Canada - Canada must publish action plan and report annually on how UNDRIP is being implemented, align federal laws to support UNDRIP Australia, Canada, New Zealand, and the United States initially rejected the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), fearing it would undermine their sovereignty by granting too much autonomy to Indigenous peoples, particularly over land and resources. By 2010, all four nations changed their stance and supported the Declaration. However, critics argue that their commitment remains weak. They often describe UNDRIP as \"aspirational\" and \"non-binding,\" which allows these countries to avoid making meaningful changes to their policies regarding Indigenous rights. For instance, while they may acknowledge cultural rights, they still deny significant land rights. Critics like Sheryl Lightfoot highlight that the focus on \"soft rights\" obscures ongoing issues with \"hard rights,\" such as land restitution. The UNDRIP: - Affirmed/reaffirmed rights, diversity, connection to land,  - Recognized historical wrongs, racism, discrimination, injustices,  - Recognized inherent rights, culture, treaties, Indigenous knowledge, self-determination - 46 Articles that addresses individual and collective rights to: - Identity - Education - Health - Employment - Language - Self-determination and autonomy - Freedom from discrimination, assimilation, violence - Freedom, peace and security - Redress, restitution The **UN Declaration on the Rights of Indigenous Peoples (UNDRIP)** outlines key rights for Indigenous peoples globally, like self-determination, land control, and freedom from discrimination. It ensures Indigenous groups can maintain their culture, language, and governance while engaging with broader society. The **TRC (Truth and Reconciliation Commission) Report**, focused on Canada\'s history, includes specific calls for action to address Indigenous people\'s rights and the legacy of colonialism. **Presentation Comparison**: - **UNDRIP infographic**: Visual and concise, outlining broad rights. - **TRC**: Detailed and specific to Canada\'s reconciliation process. Both emphasize Indigenous rights, but UNDRIP is global, while TRC is Canada-specific. **46 Articles & 10 Themes** **General Principles** (5 articles on equality and non-discrimination, individual and collective rights etc.) **Self-Determination, Self-Government and Recognition of Treaties** (3 articles) **Implementation & Redress** (6 articles on taking appropriate measures, conflict resolution, financial and technical assistance etc.) **Articles & Themes** **Lands, Territories & Resources** (7 articles on ownership, protection from relocation, military use, adjudication of rights, redress for non-consensual taking of lands, FPIC etc.) **Environment** (1 article on conservation and environmental protection of Indigenous lands) **Civil & Political Rights**(7 articles on identity, community membership, security of the person, protection against forced assimilation and relocation, labour rights, etc.) **Participation and Indigenous Institutions** (4 articles on participation in decision-making, FPIC, institutional structures etc.) **Economic & Social Rights** (5 articles on economic and land development, improving socio-economic conditions, right to traditional medicines and health, etc.) **Cultural, Religious and Linguistic Rights** (6 articles on cultural heritage, histories, languages, spiritual traditions and relationship with land etc.) **Education, Information & Media** (3 articles on control over education systems, access to education, public education and media in own languages) 2. **UN Declaration on the Rights of Indigenous Peoples (UNDRIP)**: - Addresses specific rights for Indigenous peoples such as self-determination, cultural preservation, and land rights. - Part of reconciliation efforts, especially in countries like Canada, to rectify historical wrongs. **UNDRIP as Reconciliation** UNDRIP has three central points that unite all the articles and themes: - UNDRIP itself is an act of reconciliation, as it outlines the path forward that respects and recognizes the rights of Indigenous people. **Truth and Reconciliation Commission Report: Calls to Action related to UNDRIP (all together there are 46)** **43.** We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation. **44.** We call upon the Government of Canada to develop a national action plan, strategies, and other concrete measures to achieve the goals of the United Nations Declaration on the Rights of Indigenous Peoples. **48.** We call upon the church parties to the Settlement Agreement, and all other faith groups and interfaith social justice groups in Canada who have not already done so, to formally adopt and comply with the principles, norms, and standards of the United Nations Declaration on the Rights of Indigenous Peoples as a framework for reconciliation. This would include, but not be limited to, the following commitments: - i\. Ensuring that their institutions, policies, programs, and practices comply with the United Nations Declaration on the Rights of Indigenous Peoples. ii\. Respecting Indigenous peoples' right to self-determination in spiritual matters, including the right to practice, develop, and teach their own spiritual and religious traditions, customs, and ceremonies, consistent with Article 12:1 of the United Nations Declaration on the Rights of Indigenous Peoples. iii\. Engaging in ongoing public dialogue and actions to support the United Nations Declaration on the Rights of Indigenous Peoples. iv\. Issuing a statement no later than March 31, 2016, from all religious denominations and faith groups, as to how they will implement the United Nations Declaration on the Rights of Indigenous Peoples **92.** We call upon the corporate sector in Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples as a reconciliation framework and to apply its principles, norms, and standards to corporate policy and core operational activities involving Indigenous peoples and their lands and resources. This would include, but not be limited to, the following: - i\. Commit to meaningful consultation, building respectful relationships, and obtaining the free, prior, and informed consent of Indigenous peoples before proceeding with economic development projects. ii\. Ensure that Aboriginal peoples have equitable access to jobs, training, and education opportunities in the corporate sector, and that Aboriginal communities gain long-term sustainable benefits from economic development projects. iii\. Provide education for management and staff on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal--Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism. **What does UNDRIP mean for Indigenous People? ** Strengthened mechanisms to address free, prior and informed consent through authority to share decision making with Indigenous governments. *What is free, prior and informed consent?* A legal and international framework that lends to support to the ongoing desire by Indigenous people to have their rights recognized and upheld but does not create new or special rights. **Canada's support for the Declaration** - On May 10, 2016, the Minister of Indigenous and Northern Affairs announced that the Government of Canada was a full supporter of the Declaration, without qualification, and committed to its full and effective implementation in accordance with the Canadian constitution. - By expressing support for the Declaration, the Government has committed to using the Declaration to inform the development and application of federal laws and policies.  - The Canadian constitutional framework, especially section 35, continues to provide the legal foundation for a constitutional relationship between the Crown and Indigenous peoples. **Implementation of the declaration** - Implementing the Declaration is a significant step forward on the shared path of reconciliation, responds to the Truth and Reconciliation Commission's Call to Action 43, and the National Inquiry into Missing and Murdered Indigenous Women and Girls' Calls for Justice. - Since the endorsement of the Declaration, the Government of Canada, in partnership with Indigenous peoples, has taken a range of important measures that contribute to renewed, respectful Crown-Indigenous relationships that align with section 35 of the Constitution and the Declaration. - Many policies and guidance have been developed or updated to reflect the Declaration, in addition to being consistent with Canada's constitutional framework. ACTIVITY FOR BB PPT Slide 23 A screenshot of a computer Description automatically generated For this activity I chose Article 2 and this is the article: 1. **What is this article about?** The article is primarily concerned with the UNDRIP and its implications for indigenous rights. It specifically highlights Article 2, which affirms the right of indigenous peoples to be free from discrimination. 2. **What is the issue and why is it important?** The issue addressed in the article is the ongoing discrimination faced by indigenous peoples worldwide. This discrimination can take various forms, including cultural erasure, land dispossession, and denial of basic human rights. The article emphasizes the importance of the UNDRIP as a crucial framework for addressing these injustices and promoting the rights of indigenous communities. 3. **How does this story relate to Article 2 of UNDRIP?** Article 2 of the UNDRIP is central to the article\'s focus. This article highlights the significance of this particular article in affirming the right of indigenous peoples to be free from discrimination. It underscores the importance of recognizing and respecting the cultural heritage and identity of indigenous communities. 4. **What does it suggest about the implementation of UDRIP in Canada?** The article suggests that the implementation of the UNDRIP in Canada has been mixed. While there have been some positive steps taken to recognize and address the rights of indigenous peoples, challenges and setbacks remain. The article implies that further efforts are needed to fully implement the UNDRIP and ensure that indigenous rights are respected and protected in Canada. - **Action or inaction plan?** - 6 provinces officially opposed Bill C-15 citing impact to provincial jurisdiction - The action plan has been criticized for not seeking more consultation from Indigenous stakeholders - British Columbia has already adopted legislation, issued an action plan and reported on its first year of progress; It can be done! Here are some links to explore the implementation of UNDRIP in Canada: [https://www.justice.gc.ca/eng/declaration/ap-pa/index.html](https://www.amnesty.org/en/latest/news/2023/03/canada-un-special-rapporteurs-visit-indigenous-rights/) **BC and UNDRIP** *UN Declaration on the Rights of Indigenous Peoples.* In fall 2019, the provincial government enshrined the *United Nations Declaration of the Rights of Indigenous Peoples* (*UNDRIP*) in provincial legislation. The passage of this legislation presents a momentous opportunity, and potentially a seismic shift in relations between the Province of B.C. and the governments of Indigenous nations across this province, as well as urban Indigenous populations. However, most of the hard work of giving meaning to this legislation remains in front of us. It is a critical time to ensure the spirit of this legislation is embedded into law, policy and regulation. BCOHRC is committed to monitoring the implementation of these important human rights commitments in collaboration with Indigenous leadership. **What is our role as nurses?** Developing and maintaining workplaces and health care organizations that adhere to UNDRIP principles. Ensuring free, prior and informed consent for any care, including how organizations and institutions provide care to Indigenous people, not just individuals. - This is an expectation of the College of Nurses of Ontario: but what does this look like more broadly? **Articles:** **21** (right to improvement of health conditions), **23** (right for Indigenous peoples to determine/develop/administer health programs) and **2** (right to traditional medicine/practices) are the key articles that apply to nursing/health care. - Pick one of these articles and consider how nursing can respond? What examples come to mind? What needs to shift in order for this to become a reality? **Articles Related to Nursing/Health** - Article 21 1\. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2\. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of Indigenous elders, women, youth, children and persons with disabilities. - Article 23 - Article 24 1\. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services. 2\. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right. **Case Study: FNHA** [First Nations Health Authority (FNHA)](https://www.fnha.ca/about/fnha-overview) is the health service provider for 200+ First Nations communities and delivers health care that was previously delivered by Health Canada. In 2023, FHNA conducted an assessment of its governance structure and service model to determine if they were compliant with UNDRIP. The report can be found here: - [On page 3], under FNHA's UNDRIP Compliance, the report describes how both health services and governance are compliant with UNDRIP. [On page 4], the report makes recommendations for ongoing implementation of UNDRIP within FNHA. Select one of the 3 recommendations. How does it align with UNDRIP (which article or theme) and summarize the spirit of the recommendation. **Land Governance: Future** [Video:] The video is about the importance of Indigenous peoples' rights and self-determination. The speaker emphasizes the need for a just land governance system that recognizes and respects Indigenous rights and principles. The speaker also highlights the role of relationships and allyship in advancing these goals. The speaker argues that it is crucial to include Indigenous peoples as decision-makers in all matters related to their lands and resources. This includes ensuring that Indigenous systems and principles of governance are respected and that Indigenous peoples have the right to free, prior, and informed consent (FPIC) over any development projects that affect their territories. The speaker also discusses the importance of supporting Indigenous education systems and revitalizing Indigenous languages. These are essential for preserving Indigenous cultural knowledge and ensuring that future generations have the tools and resources they need to continue their work as land stewards and advocates. The speaker calls on all Canadians to support the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and to work towards building a more just and equitable society that recognizes the rights of all peoples. Important points from the video: - Indigenous peoples\' rights and self-determination are essential. - A just land governance system must recognize and respect Indigenous rights and principles. - Relationships and allyship are key to advancing Indigenous rights. - Indigenous peoples must be included as decision-makers in all matters related to their lands and resources. - Indigenous systems and principles of governance must be respected. - Indigenous peoples have the right to free, prior, and informed consent (FPIC) over any development projects that affect their territories. - Supporting Indigenous education systems and revitalizing Indigenous languages is essential for preserving Indigenous cultural knowledge. - All Canadians should support the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and work towards building a more just and equitable society that recognizes the rights of all peoples. **SUMMARY** **1:** What is the UNDRIP? The UNDRIP is a comprehensive international human rights instrument that sets out the individual and collective rights of Indigenous peoples worldwide. **2:** How is UNDRIP connected to reconciliation in Canada? The UNDRIP is connected to reconciliation in Canada because it provides a framework for addressing the historical injustices and ongoing discrimination faced by Indigenous peoples. **3:** Where do you see UNDRIP principles in Canada? UNDRIP principles can be seen in various aspects of Canadian law and policy, such as self-government agreements, land claim settlements, and the National Indigenous Peoples Committee. However, there is room for improvement as there are things still to be done. **4:** How are we doing at implementing it? Canada has made significant progress in implementing the UNDRIP, but there are still challenges to overcome, such as the implementation of land and resource rights and the addressing of systemic discrimination.