Module 1: Ethical and Legal Considerations
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Learner notes
It important to note that Canada voted against the declaration at the United Nations when it was first introduced in 2007, but in May 2016, Canada officially adopted UNDRIP. This is important in the understanding of Canada’s colonial past treatment of the First Peoples of Turtle Island (North America),[1] particularly related to land rights.
UNDRIP is an important step in moving Canada’s relationship with Indigenous peoples forward.
UNDRIP serves as a crucial framework for reconciliation, healing, and coexistence, promoting cooperative relations based on principles such as justice, democracy, respect for human rights, and non-discrimination. It sets forth minimum standards for the survival, dignity, and well-being of Indigenous communities globally.
Learner notes
UNDRIP consists of 46 articles recognizing the basic human rights of Indigenous Peoples along with their rights to self-determination.
The declaration includes articles affirming the right of Indigenous Peoples to create their own education systems, receive restitution for stolen lands, and participate in all decision-making that affects their interests.
Learner notes
Source and recommended reading: What does ‘implementing UNDRIP’ actually mean? (CBC News)
UNDRIP means the Canadian government will work in consultation and cooperation with Indigenous Peoples to:
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Take all measures necessary to ensure the laws of Canada are consistent with UNDRIP.
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Prepare and implement an action plan to achieve the objectives of UNDRIP.
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Develop annual reports on progress and submit them to Parliament.
Learner notes
Source and recommended reading: UN Declaration on the Rights of Indigenous Peoples (First Nations and Indigenous Studies – UBC)
UNDRIP has been described as an instrument of reconciliation to build a political order based on mutual respect and understanding.
How does UNDRIP impact Indigenous Peoples of Turtle Island (commonly known as North America) today?
Let us discuss a few of the UNDRIP articles to answer that question.
Article 1
“Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.”
—Cited from UN Declaration on the Rights of Indigenous Peoples (ubc.ca)
Article 1 means Indigenous Peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. UNDRIP provides a framework for reconciliation, healing, and peace.
Learner notes
Source and recommended reading: UN Declaration on the Rights of Indigenous Peoples (ubc.ca)
Article 3
Article 3 of UNDRIP recognizes Indigen