Supporting UNDRIP.
On June 21, 2021, Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent through the Government of Canada. It immediately came into force. This Act will provide a road map for the Government and Indigenous peoples to work together to fully implement the Declaration. Read the Act.
The TRC expects all levels of government to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as the framework for reconciliation. This includes renewing or establishing Treaty relationships based on mutual recognition and respect, sharing responsibility for maintaining those relationships in the future.
UNDRIP is made up of 47 distinct articles, which lay the groundwork for how signatories should be governing relations with Indigenous peoples. It sets out the basis for ensuring Indigenous peoples (groups and individuals) have full access to human rights and freedoms as established by international human rights laws. These laws protect Indigenous peoples from all forms of discrimination, and in particular, those forms of discrimination that target their Indigenous identity. That also enables Indigenous peoples to freely determine their own political status, economic, social and cultural development and the right to self-government among internal affairs and for how these affairs are financed.
The right to maintain and develop their own institutions does not negate their rights to participate in other non-Indigenous institutions, if they choose to do so. They are entitled to improvements in economic and social conditions, including education, housing, sanitation, training, health—including traditional medicines and practices—and social security, with particular attention to those who are most vulnerable.
Every Indigenous person has the right to a nationality and not to be subjected to assimilation or cultural destruction. UNDRIP maintains Indigenous peoples right to live in peace and freedom as distinct peoples, free from the dispossessing of land or resources and free from any act of violence, including the forceable removal of children. Indigenous peoples’ cultural traditions and customs are safe-guarded under UNDRIP, including the right to maintain, develop and protect ceremonies, languages, oral traditions, writing systems, artifacts, visual and performing arts and literatures. When cultural, intellectual or spiritual properties are violated—taking or using without prior free and informed consent—Indigenous peoples have rights to redress and restitution.
Indigenous persons also have the right to designate and retain place names and persons. Canada must enforce effective measures to ensure that this right is protected, so Indigenous persons have the right to be understood in political, legal and administrative proceedings and the right to establish and control their educational systems. Education in their own languages and in accordance with their cultural methods of teaching and learning. Indigenous children living outside of their communities are also entitled to education in their own culture and in their own language.
Land-based relationships among Indigenous peoples are protected, whether that be for spiritual purposes, development, use of or as traditional territories. Indigenous peoples have the right for redress, restitution or compensation for lands and resources which have been confiscated or damaged without their free, prior and informed consent. This includes the right to environmental conservation and protection assistance programs, including prevention of hazardous materials disposal or military activities, unless justified by a relevant public interest and in effective consultation with Indigenous peoples prior to using the land.
Treaties are to be protected and enforced and nothing in UNDRIP should be construed as reducing or eliminating above and beyond rights outlined in any Treaty or other agreement. Indigenous persons have the right to access financial and technical assistance to realize the articles set forth in UNDRIP and that any conflict that arises between Canada and Indigenous peoples must consider the customs, traditions, rules and legal systems of the Indigenous people involved as well as international human rights.