Download the United Nations Declaration on the Rights of Indigenous Peoples Action Plan
Introduction
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), together with the Aboriginal and treaty rights recognized and affirmed in section 35 of the Constitution Act, 1982, provides an important framework for reconciliation and for shaping how Indigenous and public governments in the Northwest Territories work together. It is a unique Indigenous governance space within Canada. Indigenous governments, organizations and institutions across the Northwest Territories will bring their own perspectives and priorities to this work, and the GNWT is committed to collaborating with them to co-develop approaches to implementing UNDRIP.
The United Nations Declaration on the Rights of Indigenous Peoples Implementation Act (the Act) was passed by the 19th Legislative Assembly on October 6, 2023. The Northwest Territories (NWT) is the third legislative jurisdiction in Canada to adopt the UN Declaration after British Columbia and the federal government. The Act is the result of several years of work between the Government of the Northwest Territories, Indigenous Governments and Organizations of the NWT. The legislation is based on innovations in other legislation in Canada, including British Columbia and the Government of Canada. However, the NWT legislation was uniquely drafted cooperatively between Indigenous Governments and Organizations, members of the Legislative Assembly, and the GNWT.
The Act moves the GNWT forward along the path of reconciliation by recognizing the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) as the minimum standards required to protect the rights of Indigenous peoples of the NWT. The UN Declaration also provides recognition that Indigenous peoples of the NWT have the right to self-determination, culture, language and traditional lands.
Memorandum of Understanding with the Northwest Territories Council of Leaders
The Act was developed using a consensus process supported by the NWT Council of Leaders (NWTCOL). The NWTCOL was established in 2021, and a forum open to all Indigenous Governments and Organizations of the NWT to discuss territory-wide social, environmental, and economic issues, and to collaborate on solutions.
In its inaugural meeting, the NWTCOL tasked a working group, comprised of officials from Indigenous Governments and Organizations and the GNWT, with making recommendations to advance the implementation of the UN Declaration in the NWT. Key recommendations from the working group included the development of a law unique to the NWT, and formalizing the relationship between the GNWT and Indigenous Governments and Organizations through a Memorandum of Understanding (MOU).
Endorsed by the NWTCOL, the MOU was developed through consensus and intended to support the continued collaborative approach to advancing the implementation of the UN Declaration in the NWT, and reinforces the GNWT’s commitment to work in collaboration and cooperation with Indigenous Governments and Organizations.
Implementation Legislation
On March 29, 2023, the GNWT introduced the proposed the United Nations Declaration on the Rights of Indigenous Peoples Implementation Act in the Legislative Assembly. This legislation was developed by consensus, in partnership with the NWTCOL working group. The Act formalizes the mechanisms that the GNWT uses to implement the UN Declaration and to ensure that future laws, regulations, and policies are consistent with the rights outlined in the UN Declaration. The Act received assent on October 6, 2023.
One purpose of the Act is to provide a framework for the implementation of the UN Declaration by the GNWT, in collaboration and cooperation with Indigenous Governments or Organizations. The action plan is a key mechanism within that framework, setting out immediate steps for implementation.
Download the United Nations Declaration on the Rights of Indigenous Peoples Action Plan
While the framework and action plan to implement the UN Declaration is robust and collaborative, it will also require the GNWT to work through a whole-of-government approach and address issues not identified in this action plan, including issues related to future court decisions and bilateral relationships with specific Indigenous Governments and Organizations.