Implementation of the United Nations Declaration on the Rights of Indigenous Peoples – Development of a National Action Plan

Grand Chief Wilton Littlechild
July 22, 2019

Background

• The United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) was adopted by the United Nations General Assembly on September 13, 2007.
• Indigenous peoples worldwide worked for decades to achieve this result.
• First Nations played a leading role in this work.
• The most comprehensive international instrument on the human rights of Indigenous peoples.
• Confirms the individual and collective rights of Indigenous peoples.
• Reconfirmed ten times by consensus at the UN General Assembly, which reinforces its legal importance.
• Interprets the rights of First Nations and the obligations of the Crown both internationally and domestically, notably in relation to Section 35 of the Constitution Act, 1982.

Importance of the UN Declaration

Convinced of the urgent need to respect and promote the inherent rights of Indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophy, especially their rights to their lands, territories and resources…

UN Declaration, 7th preambular paragraph.

• The UN Declaration recognizes Indigenous sovereignty, title, rights, governance, and laws.
• Fills gaps in treaties and other agreements.
• Strengthens First Nations’ positions in negotiations and litigation.
• Transcends the sphere of domestic law.
• Guides the path toward Nation-building and strengthens communities.

…the importance of the Declaration should not be downplayed by the claim of its technical status as a resolution which, in itself, is not legally binding.

… the implementation of the Declaration should be seen as a political, moral and, yes, a legal imperative, without qualification.

James Anaya, former Special Rapporteur on the rights of Indigenous peoples, August 2010

Requests for the Development of a National Action Plan (NAP)

• The outcome document of the 2014 World Conference on Indigenous Peoples advocates for the development of national implementation plans for the UN Declaration.
• June 2015: the Truth and Reconciliation Commission (TRC) of Canada publishes 94 Calls to Action.
• Call to Action No. 44 calls for Canada to develop a national action plan (NAP) to support the implementation of the UN Declaration.
• The Prime Minister committed to fully implementing the Calls to Action, beginning with the application of the UN Declaration.

Requests for the Development of a NAP

• The AFN has adopted several resolutions calling for the effective and full implementation of the UN Declaration.
• The AFN-Canada Memorandum of Understanding on Joint Priorities signed on June 12, 2017, includes the joint development of a national action plan for the implementation of the UN Declaration as a shared priority.
• The January 14, 2019 meeting of AFN-Canada leaders under the MOU confirmed this commitment to the development of a national action plan.

Bill C-262

• The House of Commons voted in favor of Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act, on May 30, 2018. Conservative senators blocked it at $3^{rd}$ reading in June 2019. The federal government then announced that the law would be passed after the next election.
• Bill C-262 requires Canada to work with Indigenous peoples to develop a national action plan.
• The national action plan ensures that Canada commits to working with First Nations to implement the UN Declaration.

Where to Start?

• The first and most important element in developing the national action plan is that the priorities, structure, design, and content must come from Indigenous peoples—not from the government.
• Priorities for the implementation of the UN Declaration will vary from one First Nation to another, and the national action plan must take this into account.
• The first step could be a listening project to give voice to Indigenous peoples across the country to state their priorities.
  This differs from a “mobilization” process. This listening project must be led by Indigenous peoples.
• The listening project must follow the “OCAP” principles, an Indigenous-led strategy centered on Ownership, Control, Access, and Possession.
• The listening project must rely on the voices of members and be truly inclusive of youth, elders, women, people with disabilities, and others.
• Listening sessions do not necessarily have to start from a blank slate, and documents (written, graphic, video) should energize the conversations.
• An interim report based on the needs and priorities stated, highlighting commonalities and distinct visions, would be developed to serve as a basis for a national discussion.
• The listening phase could be followed by a national workshop that would strive to bring together the multiplicity of voices to discuss the interim report and move forward to identify the key elements to include in the national action plan.

Questions for Discussion:

• What are your First Nation’s priorities for the national action plan?
• What resources will be dedicated to this work in your First Nation?
• What tools will ensure that the national action plan includes the multiplicity of voices?