Implementing the UN Declaration on the Rights of Indigenous Peoples Developing a National Action Plan Paul Joffe and Jennifer Preston July 22, 2019 June 20, 2019, Slide 1

Background The United Nations Declaration on the Rights of Indigenous Peoples (the UN Declaration) was adopted by the UN General Assembly on September 13, 2007. Indigenous peoples from around the world worked for decades to achieve this success. First Nations played leadership roles in this work. June 20, 2019, Slide 2

Affirms collective and individual human rights Most comprehensive international instrument on Indigenous peoples’ human rights Affirms collective and individual human rights Reaffirmed ten times by consensus by the UN General Assembly, strengthening its legal significance Interprets First Nations’ rights and Crown obligations internationally and domestically, including s. 35 of Constitution Act, 1982 June 20, 2019, Slide 3

Significance of UN Declaration Recognizing 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 philosophies, especially their rights to their lands, territories and resources … UN Declaration, 7th preambular para. June 20, 2019, Slide 4

Significance of UN Declaration The UN Declaration is consistent with Indigenous sovereignty, title, rights, governance and laws Fills in the gaps in Treaties and other agreements Strengthens First Nations positions in negotiations and litigation Transcends the box of domestic law Guides Nation-building and strengthens communities June 20, 2019, Slide 5

Significance of UN Declaration … the significance of the Declaration is not to be diminished by assertions of its technical status as a resolution that in itself has a non-legally binding character. … [I]mplementation of the Declaration should be regarded as political, moral and, yes, legal imperative without qualification. Former Special Rapporteur on the Rights of Indigenous Peoples, James Anaya August 2010 June 20, 2019, Slide 6

Calls for National Action Plan September 2014 World Conference on Indigenous Peoples Outcome Document calls for National Actions Plans for implementation June 2015: the Truth And Reconciliation Commission of Canada (TRC) released 94 Calls to Action Call to Action 44 calls on Canada to develop a national action plan (NAP) to support implementation of the UN Declaration Prime Minister committed to fully implement the Calls to Action starting with implementation of the UN Declaration June 20, 2019, Slide 7

Calls for NAP AFN has passed numerous resolutions calling for full and effective implementation of the UN Declaration AFN - Canada Memorandum of Understanding (MOU) on Joint Priorities, signed June 12, 2017, identifies co-development of a national action plan on implementation of UN Declaration as a joint priority AFN-Canada leaders meeting under MOU on January 14, 2019 included repeated commitment to the national action plan June 20, 2019, Slide 8

Bill C-262 The House of Commons voted in favour of Bill C-262, The United Nations Declaration on the Rights of Indigenous Peoples Act, on May 30, 2018. Conservative senators blocked 3rd reading in June 2019. The federal government then announced legislation to be enacted after upcoming election Bill C-262 required Canada to work with Indigenous peoples to develop a national action plan The national action plan ensures Canada is committed to working with First Nations to implement the UN Declaration June 20, 2019, Slide 9

Where do we begin? First and most critical element in the development of the national action plan is that priorities, structure, design and materials need to come from Indigenous peoples – not from government. Priorities for implementation of the UN Declaration will vary among First Nations, and this must be accommodated in the national action plan. First step could be a listening project to hear priorities from Indigenous peoples across the country. This is distinct from an “engagement” process. The listening project must be undertaken by Indigenous peoples. June 20, 2019, Slide 10

Where do we begin? Listening project must follow “OCAP” methodology, an Indigenous-led strategy that focuses on ownership, control, access, and possession of information. Listening project should build from the voices of the people and be truly inclusive of youth, Elders, women, persons with disabilities and others. Listening sessions need not to start with an empty slate, and materials (written, graphic, and video) should inform the conversations. June 20, 2019, Slide 11

Where do we begin? A draft report to be developed based on the stated needs and priorities, including commonalities and distinctive approaches, which will inform the national discussion. Listening phase could be followed by national workshop bringing diversity of voices together to discuss draft report and move forward in identifying key elements to be included in national action plan. June 20, 2019, Slide 12

inclusive listening sessions preliminary draft report with the findings national dialogue outcome document June 20, 2019, Slide 13

Questions for Discussion: What are priorities for your First Nation in the national action plan? What resources will assist this work in your First Nation? What tools will ensure the national action plan includes diversity of voices? June 20, 2019, Slide 14