In November 2010, three years after its official adoption by the United Nations, the Canadian government finally gave its formal endorsement of the United Nations Declaration on the Rights of Indigenous Peoples, one of the last nations in the world to do so. And while Aboriginal groups and civil society greeted this move with enthusiasm, all were careful to say that the endorsement was not an end in and of itself, but rather a starting point. For the endorsement to have any meaning at all it must be implemented.
So what would implementation look like?
While the Declaration does not create new rights, it does emphasize the need for governments to develop new approaches to working with Indigenous peoples that are more participatory and partnership-based. There are many areas where implementation could drastically change present realities. However, there are a few in particular that are discussed when questions of implementation arise.
Free, Prior and Informed Consent (FPIC)
FPIC is the right of Indigenous peoples to grant or withhold approval of actions which affect them. It is a key aspect of the self-determination which is so central to the Declaration. FPIC has been discussed particularly in relation to development and has been described as having “far-ranging significance for Indigenous peoples, especially in the context of human rights and climate change.”
Long-time CPJ staffer and Aboriginal rights advocate John Olthuis has said that debates over development projects (such as the Mackenzie Valley Pipeline) have often been misrepresented as being pro- vs. anti-development. He suggests that, “the issue needs to be recast as the right of those most affected by a proposed project to make the decision to self-determine whether they want the project to go ahead and the conditions under which they give their consent.” This is not a one-time occurrence, but a policy that needs to be practiced in all areas affecting Aboriginal Canadians.
Water
In an opinion piece in a June edition of The Embassy, several leading Aboriginal rights advocates and activists called for the development of a “sustainable clean water strategy that does not undermine or threaten Aboriginal treaty rights.”
The number of First Nations reserves under boil water advisories has remained consistently high for many years now with little improvement. Inuit communities in northern Canada have also reported decreases in both the quantity and quality of available fresh water, partially as a result of climate change. Article 7 of the UNDRIP states that “Indigenous individuals have the right to life, physical and mental integrity, liberty and security of person.” Lacking access to clean, potable water is without question a violation of security of person, and implementation of the Declaration must certainly respond to this growing crisis.
While there is currently legislation before the Senate titled First Nations Safe Drinking Water Act, the Assembly of First Nations (AFN) has said it was not developed with adequate consultation, in violation of the aforementioned FPIC. Bill S-11 would hold First Nations governments responsible for the quality of drinking water in their communities, but would not address the current funding gap that prohibits many of the necessary improvements. Furthermore, the AFN points to a lack of training and management capacity in place to help address the problem. The AFN has issued a statement “calling on the federal government to engage in real action to address the capacity gap as well as working towards a regulatory regime that reflects our rights and jurisdiction and delivers equitable and guaranteed access to safe drinking water.” Such action to address the funding, training and management gap would be an excellent example of UNDRIP implementation.
Education
Former auditor general Sheila Fraser has described the First Nations education system as a bridge that only goes halfway over the river. Funding for schools on reserves is a federal responsibility yet First Nations children on reserves receive $2-3000 less per child per year than non-Aboriginal children. Implementing the Declaration would involve addressing this funding gap.
In the north, where Inuit are some of Canada’s youngest citizens with a median age of 22, the national Inuit organization reports that roughly 75% of Inuit children do not complete high school. UNDRIP implementation would mean putting in place policies such as the recently released National Strategy on Inuit Education, developed by and for Canada’s Inuit with strong emphasis on traditional culture to improve education outcomes for Inuit children. It would mean truly following through on a declaration which recognizes “the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children.”
Calling all Canadians
Citizens can contribute to implementation of the Declaration by educating themselves on current realities for indigenous peoples and showing strong support to any government which takes steps towards building right relations based on the Declaration. John Olthuis suggests that churches and church goers can contribute by advocating for a reconciliation commission to help resolve treaty disputes on a government-to-government basis that also respects Aboriginal self-determination.
However, the loudest call issued by the Declaration is directed to the government of Canada. It is the federal government, representing all Canadians and in partnership with Aboriginals, through funding, collaboration, and follow-through on promises made, that can ensure that the Declaration becomes much more than just empty words but rather comes alive for all Canadian citizens, particularly our First Peoples.
