18 years of UNDRIP

It’s been 18 years since the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), a pivotal document that recognizes Indigenous Peoples as distinct and self-determining, affirming the collective and individual rights of Onkwehón:we everywhere.

In a most just world, that would hardly require a declaration since it should be so self-evident, but that’s not the world we live in. Nevertheless, this document is a powerful tool that continues to shape the pursuit of justice for Indigenous Peoples across the globe.

As usual, this landmark moment didn’t just happen out of the kindness of the hearts of the countries that make up the UN. It was the tireless work of Onkwehón:we dedicating years of their lives to advocating for recognition and change who ensured this pivotal declaration saw the light of day.

Likewise, it is Onkwehón:we who are leading the fight for the implementation of the declaration’s 46 articles. After all, the rights affirmed in UNDRIP are still far from reflected in the experiences of Indigenous Peoples who are still fighting for respect for their basic rights around the globe, including across Turtle Island.

While Canada now has legislation that promises the implementation of UNDRIP, we must not forget that this country was one of only four that voted against the declaration when it was introduced, along with Australia, New Zealand, and the United States.

These countries all have something in common, of course, which is that they were built on land theft, abuse, and the genocide of Indigenous Peoples, so it comes as no surprise that these colonial entities have continued to drag their feet when it comes to acknowledging the rights they have so often trampled on.

On September 13, 2007, when UNDRIP was adopted by the United Nations, stubborn Stephen Harper was the prime minister, and in office for eight more years he never reversed course, even as the world continued to change around him. Finally, in 2016, under the Trudeau Liberals, Canada endorsed UNDRIP, many years too late.

But, like so often in the Trudeau era, there was plenty of nice talk but not enough action when it came to the advancement of Indigenous Peoples in this country.

On June 21, 2021, Canada finally enshrined in Canadian law a commitment to “ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.”

The Canadian UNDRIP Act has detractors among Onkwehón:we rights advocates, who draw a distinction between UNDRIP and the countrywide legislation that nominally exists to implement it, but the commitment to UNDRIP is nevertheless one to which the government must be held accountable.

Yet, in the business-like Carney era, we see that while the country’s leaders are still talking a big game about respect for Indigenous Peoples, their actions don’t follow suit, with fundamental UNDRIP commitments like consultations requiring free, prior, and informed consent going by the wayside as the government works to put so-called “nation-building” projects into overdrive.

As far as tracking Canada’s overall success in making strides on its UNDRIP commitments, things aren’t going well. Canada’s own annual progress report acknowledges that several key priorities are behind schedule.

That has led the Coalition for the Human Rights of Indigenous Peoples to publish a statement, endorsed by a slate of influential Indigenous advocates and groups, calling out the government for its failure to act on key points to live up to its promise to implement UNDRIP.

While the coalition points to some bright spots, like a new Indigenous-led advisory committee, not enough is being done.

“There is no formal process for the government to work with Indigenous Peoples in the review of laws, regulations, and policies and little meaningful progress toward the much needed reforms. Instead, government departments continue to make unilateral claims about Canada’s laws and policies already aligning with the Declaration,” reads the coalition’s letter.

Unilateral is what Canada is all about, so it’s no surprise the government still insists on defining the relationship between the Indigenous peoples of this land and the “Crown.”

But 18 years after Canada first objected to the global acknowledgement of Indigenous rights - and the responsibility of entities like Canada that comes with it - the era of ticking a box at the end of a checklist and calling it consultation is over, whether the powers at be like it or not.

This is the era of UNDRIP, and it’s about time Canada recognizes it not just in words but in deeds. That means a true nation-to-nation relationship, it means land back, and it means justice at long last for Indigenous peoples.

TED Staff