Share Your Questions and Comments on the Draft UN Declaration Action Plan
Under section 11 of the UN Declaration Act, certain processes must be in place to facilitate effective collaboration and implementation of this action plan.
Transparent process for consensual decision-making
11. (2) (a) a transparent process for how the activities under the action plan are to be carried out that incorporates consensual decision-making among the GNWT and Indigenous Governments or Organizations, as equal partners.
The action items in this plan were all selected through a consensus-based process. Additionally, the process to amend the action plan is by consensus. Where consensus is not reached, the APC will work together to determine the steps forward that best reflect the Indigenous Government and Organizations interests, traditions and values.
The annual reporting on progress under the action plan is also done collaboratively.
Timelines, tracking and accountability
11. (2) (b) clear time-lines and objectives to track and ensure accountability.
The GNWT is accountable for implementing the action plan. However, the implementation of action items will be a collaborative process in which both the GNWT and Indigenous Governments and Organizations work collaboratively as equal partners with active roles in advancing action items and driving change together. Each action item of the action plan identifies an anticipated completion timeline and one or more departments accountable for its implementation. A whole-of-government approach will be used in implementing action items to ensure coordination between departments.
The implementation of action items is reported in the annual report. Under the UN Declaration Act, the GNWT and the APC collaboratively co-develop a report annually that summarizes the progress made on each action item over the past year. Annual reports are approved by the leadership of APC member governments and the GNWT’s Executive Council. Once approved, annual reports are published on the GNWT’s website where they are publicly available.
Process to review of laws and policies
Consistent with the multi-venue, whole-of-government approach to UNDRIP implementation reflected throughout this Action Plan, the GNWT will use a range of mechanisms to ensure its laws and policies align with the UN Declaration, with the APC retaining its role in relation to Action Plan implementation, monitoring and review. These include the Statement of Consistency process under s.8 of the UN Declaration Act, work advanced through the APC, reforms undertaken at NWTCOL and other intergovernmental forums, assessments and reporting by departmental UN Declaration Officers, and engagement with Indigenous governments through bilateral and sector-specific processes.
11. (2) (c) a process or measures to review, revise or replace existing Government of the Northwest Territories laws or policies, where necessary, including the introduction of new laws or policies, to create consistency with the Declaration;
A process to review, revise or replace existing and future GNWT laws and policies to ensure consistency with the UN Declaration has been collaboratively developed by the APC and the GNWT. The process requires a phased, comprehensive, ongoing, and systematic review of all existing GNWT laws and policies, prioritizing those where alignment with the UN Declaration is relevant to the exercise or protection of the rights it affirms. This obligation extends to every new bill introduced by the GNWT or by a member of the Legislative Assembly, which must undergo a Statement of Consistency review before proceeding, as per Section 8 of the UN Declaration Act.
The GNWT and APC will collaboratively identify priorities for review, informed by the departmental UN Declaration Officer’s assessments, engagement at other intergovernmental forums, and APC input. The APC will monitor and report on implementation of the review process, including through annual reporting, and will have the opportunity to review and provide input and feedback on departmental assessments.
Accordingly, the GNWT and the APC, in collaboration with departmental UN Declaration Officers and drawing on other intergovernmental processes where relevant, are co-developing a standardized tool—guided by the principles and rights enshrined in the Declaration itself—which GNWT departments will use to assess its legislation, and policies, for consistency with the UN Declaration. APC members may review and provide feedback on, and may also independently review and respond to departmental assessments, particularly where the laws or policies in question directly impact their governance, jurisdiction, or rights and the APC will monitor and report overall progress through the annual report. Outcomes from this process may be recorded in annual reports, as laid out in Section 12, alongside a description of steps taken or to be taken to address any issues. This collaborative approach reflects the equal partnership envisioned in Section 11(2)(a) of the UN Declaration Act and ensures that implementation is both dynamic and responsive to evolving realities. While the review process will necessarily be phased due to the volume of work involved, it must remain holistic, methodical, and transparent. Progress on the assessments will be published on the GNWT website to ensure accountability and tracking.
Reviewing and amending the Action Plan
11. (2) (d) provisions to require the review and development of amendments to the action plan.
The APC will review the action plan on an ongoing basis. The APC as a whole or any of the individual members of the APC can propose amendments to the action plan at any time. A “living tree” approach to review and amendment of the action plan ensures that the plan remains dynamic and adaptable, allowing it to evolve alongside shifting priorities, emerging challenges, and new opportunities for implementation. It also enables ongoing engagement, reflection, and course correction to ensure that UN Declaration implementation remains meaningful, effective, and responsive. The APC is using a “living tree” approach to review and amend the action plan, to enable the flexibility needed to adjust as circumstances change.
The APC will consider proposed amendments to the action plan through internal processes, which may include review by each member’s respective leadership. The proposed amendment process should consider each party’s internal decision-making process and allow for internal review timelines. Any process for consensual decision-making developed by the APC may be used should there be any disagreements on proposed amendments.
Completed reviews and agreed upon amendments to the action plan will be included on the online portal hosting the action plan.
Oversight
11. (2) (e) a mechanism for oversight of the implementation of the action plan.
The APC and the GNWT oversee the implementation of the action plan. The annual report is collaboratively co-developed by the GNWT and the APC and is an opportunity for the APC to monitor and report on the progress made on each action item every year. In addition to being published on the GNWT’s website for transparency and accountability, approved annual reports are tabled before the Legislative Assembly.
Ongoing cooperation
Following the release of the action plan, focus will shift to include the implementation of the action plan measures within it, including the development of mechanisms to collaboratively track progress and shared monitoring and reporting.
The implementation of the UN Declaration in the NWT is a long-term, iterative process. For the UN Declaration to be effectively implemented in the NWT, all aspects of this work must be done collaboratively and through consensus, reflecting the spirit and intent of the UN Declaration itself.