Agenda Item 3 Discussion on the theme “Enhancing Indigenous Peoples’ right to self-determination in the context of the United Nations Declaration on the Rights of Indigenous Peoples: emphasizing the voices of Indigenous youth”
April 16, 2024
Joint statement of the Coalition for the Human Rights of Indigenous Peoples, including:
Amnistie Internationale Francophone; British Columbia Assembly of First Nations; British Columbia Treaty Commission; Canadian Friends Service Committee (Quakers); Cheryl Knockwood, Chair, Nova Scotia Human Rights Commission; Dr. Chief Wilton Littlechild; Ellen Gabriel, Kanehsatà:ke Land Defender; First Nations Summit; Grand Council of the Crees (Eeyou Istchee) / Cree Nation Government; Hup-Wil-Lax-A, Kirby Muldoe, Grassroots Human Rights Defender; Indigenous World Association; Kairos Canada; Lea Nicholas-Mackenzie; Union of British Columbia Indian Chiefs
We are pleased to present the following Joint Statement on behalf of a number of Indigenous Nations and organizations, as well as human rights organizations in Canada. This statement addresses the implementation of the United Nations Declaration on the Rights of Indigenous Peoples via National Action Plans at the State level.
Recommendations for the Permanent Forum on Indigenous Issues:
- THAT, consistent with their international human rights obligations, States must develop, in cooperation and consultation with Indigenous Peoples comprehensive National Action Plans to fully implement the United Nations Declaration on the Rights of Indigenous Peoples. Such Plans must set out concrete steps to advance implementation with appropriate timelines. Measures must also be put in place to ensure transparency, accountability and oversight regarding what implementation steps will be taken and how they will be taken in cooperation and consultation with Indigenous Peoples. These measures must, in turn, be supported by a financial commitment to ensure Indigenous Peoples have the technical capacity to participate fully in alignment with the Declaration’s standard of free, prior, and informed consent.
- THAT in implementing the UN Declaration on the Rights of Indigenous Peoples, States must actively promote these human rights standards to all sectors of society. Consistent with Paragraph 7 of the Outcome Document of the World Conference, particular emphasis should be given to ensuring legislators, civil servants and the judiciary understand the rights set out in the Declaration and the obligation to uphold these rights. Further, states must also adequately educate the public on these obligations and on all measures they take to fulfill them.
This year marks the ten-year anniversary of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples. Paragraph 7 of the Outcome document calls on all states to take, “in consultation and cooperation with Indigenous Peoples, appropriate measures at the national level, including legislative, policy, and administrative measures, to achieve the ends of the Declaration and to promote awareness of it among all sectors of society, including members of legislatures, the judiciary and the civil service.”
Although steps have been taken to fulfill this commitment, global progress is insufficient.
States must develop and implement National Action Plans in consultation and cooperation with Indigenous Peoples to fulfill the human rights obligations affirmed in the UN Declaration on the Rights of Indigenous Peoples. Such plans must articulate concrete steps and set clear timelines for this action to take place. Accountability is essential: there must be complete transparency on whether commitments are being met and Indigenous Peoples must be actively and inclusively involved through a defined, whole-of-government process in assessing the effectiveness of these measures.
In June 2023, Canada released its first National Action Plan to implement the Declaration. This plan, which is required by Canada’s 2021 UN Declaration Act, commits Canada to numerous, important reforms and initiatives brought forward by Indigenous Peoples, Tribes, and Nations.
However, the Coalition has also noted the need for greater clarity within the plan. National Action Plans, such as Canada’s, must not only commit to bringing existing legislation into alignment with the Declaration, but also articulate how this will be done and set out a timeline to accomplish this without domesticating existing international Treaties. National Action Plan commitments to train government officials on their obligations under the Declaration must set out how this training will be developed, who will be required to take it, and when they will be required to do so by. Articulating concrete steps for implementation is an essential part of achieving the ends of the Declaration and promoting awareness of itin all sectors of society.
National Action Plans must also be internally consistent with the provisions of the Declaration itself. Troublingly, language in Canada’s National Action Plan to implement their Declaration legislation refers to “seeking the consent” of Indigenous Peoples. The Declaration is clear. States are not obligated simply to seek consent but to respect Indigenous Peoples’ right to self-determination. This right includes the ability to grant or withhold consent to proposals that may have a significant impact on their rights. National Action Plans must in all cases reflect the standard of free, prior, and informed consent as it has been articulated by expert bodies such as the UN Expert Mechanism on the Rights of Indigenous Peoples.
As stated in Canada’s Plan, progress in implementing National Action Plans should be monitored by an independent mechanism established in partnership with Indigenous Peoples. The same body can provide recourses and remedies to Indigenous Peoples when their individual and collective rights are violated.
We urge States to prioritize the development of National Action Plans to implement the UN Declaration on the Rights of Indigenous Peoples consistent with their international human rights obligations. We look to the United Nations for support on the development of these plans, as per paragraph 32 of the Outcome Document of the World Conference on Indigenous Peoples. Thank you.