History – UN Declaration and the Act

Why the UN Declaration is needed in Canada

Several Indigenous partners stated that it is important to explain and build understanding about why the UN Declaration is needed in Canada. Laying the foundation with knowledge of the context of what has been happening is important: “Reconciliation must begin with truth telling” (Native Women’s Association of Canada). We need to acknowledge history, including key points in history where Indigenous people were dispossessed of land and assimilation took place through Indian Residential Schools before discussing what the UN Declaration means for a person as an individual or public servant. Building these pieces out in the training will ensure the discussion reflects the intent and spirit Indigenous advocates had at the time they were developing the UN Declaration.

“The experience of “systemic racism stemming from colonialism is why we need to question how we are understanding the rights of Indigenous people…. even where there is a constitutional obligation, Canada is not recognizing Indigenous human rights.”

Manitoba Keewatinowi Okimakanak

In its current format, Justice Canada’s training focuses solely on the UN Declaration and the UN Declaration Act. To enrich the existing UN Declaration Act and UN Declaration training and make the current content more understandable, Indigenous partners stated that public servants need to enter such training with a strong understanding of Indigenous rights, histories and realities. Foundational Indigenous learning on Indigenous rights should be a pre-requisite as well as broader themes, such as the Indian Act, the diversity of Indigenous languages, territories and cultures, Indian residential schools, and intergenerational trauma and violence against Indigenous women and girls. These elements are critical as they contributed directly or indirectly to the development and adoption of the UN Declaration.

Overview of Indigenous rights at the international level

In introducing the UN Declaration, Indigenous partners recommended providing an overview of Indigenous rights at the international level, the process leading to the adoption of the UN Declaration, including contributions to language in the UN Declaration by Indigenous peoples from Canada, and the advocacy efforts of Indigenous peoples for Canada’s ratification of the UN Declaration. Indigenous voices, particularly Canadian-specific contributions, should be at the forefront when explaining how the UN Declaration came into being and its meaning for Indigenous people.

It was noted that the timeline suggests the United Nations was more inclusive and responsive to Indigenous peoples than was the case. For instance, Indigenous people were not included in any text in the United Nations before 1983.

An Indigenous partner recommended that training for public servants should avoid describing the UN Declaration as “a Declaration, not a treaty”. While this statement is factually accurate, Indigenous partners suggested the training should emphasize the significance of the UN Declaration, highlighting its global recognition and legal importance in protecting Indigenous rights. Some Indigenous partners raised concerns about the framing of Indigenous rights in a colonial context. Western human rights instruments and philosophies are not neutral frameworks to begin with. It is important to acknowledge that these instruments are the result of decades of organizing and fighting on the part of people and communities on the ground. It was suggested it would be better to speak to where the UN Declaration is coming from using Indigenous perspectives/worldviews.

Canada’s initial resistance to supporting the UN Declaration

Many Indigenous partners commented on the importance of honestly acknowledging Canada’s initial opposition to the UN Declaration and that training explicitly refer to Canada’s nearly decade-long refusal to support the UN Declaration without qualification between its adoption by the UN General Assembly in 2007 and 2016. They also wanted training to acknowledge the impact of Canada’s resistance to certain language in the UN Declaration.