Context
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the U.N.’s General Assembly in September 2007. The declaration establishes for the world’s Indigenous peoples a minimum standard of human rights—and guarantee of fundamental freedoms—for all governments and institutions to recognize and uphold.
Many of the declaration’s 46 articles focus on the rights of Indigenous peoples to fully participate in decisions that will affect their lives.
Although Canada was one of only four countries to initially oppose UNDRIP in 2007, the federal government changed its position in 2016. UNDRIP is not a legally binding agreement, but on June 21, 2021, Canada’s United Nations Declaration on the Rights of Indigenous Peoples Act came into force, which commits to taking steps to ensure federal legislation is consistent with the declaration.
The Legislative Assembly of the NWT also passed legislation in 2023 requiring a number of initiatives including an action plan to review GNWT laws, regulations and policies for consistency with UNDRIP.
Article 18
On the rights of Indigenous peoples to participate in decisions that would affect their rights.
Article 19
On the requirement of governments to consult and work in good faith with Indigenous peoples to obtain their “free, prior and informed consent” before making any legal changes or taking any actions that might affect their rights.
Article 26
On the rights Indigenous peoples have to the lands, territories and resources which they traditionally owned or occupied, including the right to use, develop, or control these lands according to their customs, traditions, and land tenure systems.
Article 27
On the requirement of governments to establish “fair, independent, impartial, open and transparent” processes to recognize and adjudicate the rights of Indigenous peoples to their traditional lands, territories, and resources.
Article 28
On the rights of Indigenous peoples to seek redress for traditional lands, territories, and resources that governments have taken without their free, prior, and informed consent.
Article 29
On the rights of Indigenous peoples to conserve and protect the environment and health of their traditional lands, territories, or resources as they see fit. This also includes the prohibition from storing or disposing of hazardous materials on these lands without free, prior, and informed consent. (Governments are required to take measures to protect the health of Indigenous peoples if hazardous materials are present on these lands.)
Article 32
On the rights of Indigenous peoples to determine priorities and strategies for the development or use of their traditional lands, territories, and resources. Governments are required to also obtain free, prior, and informed consent from Indigenous peoples before approving a project on these lands.
