What is the UN Declaration on the Rights of Indigenous Peoples?

Protecting Indigenous peoples rights

The United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) describes the fundamental human rights of Indigenous peoples around the world. It describes how governments should respect the human rights of Indigenous peoples. The Declaration recognizes Indigenous peoples’ right to self-determination, culture, language, and traditional lands. In addition, the Declaration describes the minimum standards required to protect Indigenous peoples’ rights and contribute to their survival, dignity, and well-being.

Made up of 46 articles that describe specific rights and actions that governments must take to protect the rights of Indigenous peoples, the UN Declaration is a valuable tool for developing strategies and taking action. Both the Truth and Reconciliation Commission and the National Inquiry on Missing and Murdered Indigenous Women and Girls included calls for all levels of government to adopt the UN Declaration as the framework for reconciliation across Canada.

Why does the UN Declaration matter to the people of the Northwest Territories?

Here in the Northwest Territories, the UN Declaration is especially relevant because it acknowledges the rights of the Dene, Métis and Inuit peoples who have lived here for generations. It emphasizes their right to maintain and protect their unique cultures, traditions, and ways of life. It also recognizes the importance of Indigenous peoples’ participation in decision-making that affect their lands and resources.

Implementing the UN Declaration will help to protect their rights and promote respect for their culture, traditions, and land rights. It will encourage governments and other entities to work in partnership with Indigenous peoples to ensure their rights are respected and their voices are heard in matters that affect them, including resource development, land management, and other policy decisions.

How is the UN Declaration being implemented?

Working in collaboration and cooperation

Article 38 of the UN Declaration directs governments to work in cooperation and collaboration with Indigenous peoples to implement the UN Declaration. Accordingly, in the Mandate of the Government of the Northwest Territories, 2019-2023, the 19th Legislative Assembly directed the Government of the Northwest Territories (GNWT) to move forward in cooperation with Indigenous peoples to implement the UN Declaration.

Making the UN Declaration a shared priority

Indigenous Governments and Organizations (“IGOs”) of the NWT have clearly stated that implementing the UN Declaration is a priority for them, and the GNWT understands that it cannot do this alone. The NWT Council of Leaders (NWTCOL) also identified the UN Declaration as a priority and established a working group of officials from all interested IGOs and the GNWT. The working group’s recommended approach for the next steps to implement the UN Declaration included the development of a law unique to the NWT and its culture that implements the UN Declaration in the NWT. A Memorandum of Understanding (MOU) was also developed to guide the relationship between the GNWT and IGOs to undertake this work. The working group worked by consensus to develop a law and an MOU through this shared process with the support of the NWT Council of Leaders.

What’s happening now?

On March 29, 2023, the GNWT introduced the proposed United Nations Declaration on the Rights of Indigenous Peoples Implementation Act in the Legislative Assembly, developed in partnership with IGOs through the NWTCOL working group of officials. The Act aims to formalize the mechanisms that the GNWT will use to ensure that future laws, regulations, policies, procedures and arrangements are consistent with human rights as outlined in the Declaration. 

Elsewhere in Canada, other governments have started developing legislation and then working with Indigenous organizations. This approach does not reflect the partnership the GNWT wishes to have with IGOs in the NWT. All aspects of this proposed law have been written together by the GNWT and IGOs.

The NWTCOL has also agreed to the new MOU proposed by the working group of officials. The MOU is intended to govern the relationship necessary for the continued collaborative approach that will implement the UN Declaration in the Northwest Territories. It commits the GNWT to work in collaboration and cooperation with IGOs to prepare and implement an Action Plan for achieving the objectives of the UN Declaration. The Action Plan is expected to set the direction for ongoing collaboration between the GNWT and IGOs to advance key actions toward the implementation of the UN Declaration by the GNWT

What does this mean for Indigenous governments and Indigenous organizations?

The GNWT believes it is important to first understand what implementing the UN Declaration means to IGOs before taking any actions. This work is already happening through the collaborative development of an Action Plan and the proposed United Nations Declaration on the Rights of Indigenous Peoples Implementation Act. While some existing laws and policies already reflect some aspects of the rights affirmed in the UN Declaration, there remain significant gaps and many areas where work still needs to be done. 

The MOU and legislation commit the GNWT to continue collaborating with IGOs to use the UN Declaration as a framework for reconciliation. Implementing the UN Declaration will be a long-term effort by the GNWT, done in collaboration with IGOs.

About Bill 85: The United Nations Declaration on the Rights of Indigenous Peoples Implementation Act 

Introducing new legislation

On March 29, 2023, the Government of the Northwest Territories (GNWT) introduced Bill 85: The United Nations Declaration on the Rights of Indigenous Peoples Implementation Act. It describes the process that the GNWT will follow to ensure that future laws, regulations, and policies, procedures, and arrangements of the GWNT are consistent with the human rights set out in the Declaration.

The Act also mandates a process for the GNWT to collaborate with IGOs to ensure existing laws, regulations, policies, procedures, and arrangements are examined to make them consistent with the UN Declaration over time.

What are the goals of the new Act?

The goals of the new Act are to:

• Confirm that the Declaration is a universal human rights instrument. It is important to the Indigenous peoples of the Northwest Territories and should be part of the process of developing new laws and reviewing and amending existing ones; 
• Direct that the laws of the Northwest Territories must be interpreted in a manner consistent with the Declaration; and 
• Provide a process for the GNWT to work with IGOs in a government-to-government relationship to determine how the Declaration will be implemented in ways that will improve the lives of the people of the Northwest Territories.

What will the new Act do?

The new Act will: 

• Direct the Attorney General of the Northwest Territories to compare the Declaration with any new laws being proposed, including the amendment of existing laws, and provide that analysis in writing through a Statement of Consistency when any new laws or changes to laws are being proposed;
• Create an Action Planning Committee of GNWT and IGO representatives to work together to develop an Action Plan to identify priorities and tasks to advance the implementation of the Declaration in the Northwest Territories;  
• Confirm that the GNWT can enter into shared decision-making agreements with IGOs where an IGO requests when it is possible and beneficial to do so;
• Require public review and reporting on the activities identified in the Act and Action Plan to provide an update on the work being done and make that information available to the public in an annual report;
• Direct the GNWT to make steady progress to ensure the UN Declaration is considered in all decisions about laws and policies affecting Indigenous peoples; and 
• Support the implementation of historical and modern treaties in the NWT.

What won’t the new Act do?

The new Act will not be linked to the federal legislation on the UN Declaration and speaks only to matters within territorial jurisdiction.

The new Act also will not:

• Automatically change existing laws and policies of the GNWT;
• Impose the same actions in different regions or communities, which may have different needs and traditional practices;
• Obligate the GNWT to act without first working with IGOs to decide the best way forward;
• Change the terms and provisions of existing historical or modern treaties;
• Affect the recognition of historical and modern treaties as constitutionally protected agreements that form part of the constitutional framework of Canada;
• Negatively affect the negotiation or implementation of modern treaties, nor the implementation of historical treaties; or
• Directly change the GNWT’s duty to consult.

How will Bill 85 affect the Northwest Territories’ business, mining, and exploration sectors?

Making meaningful change in the sustainable development of NWT natural resources

Implementing the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) can make a meaningful and positive change to how Indigenous peoples, communities, and businesses participate in the sustainable development of the Northwest Territories’ natural resources.

Across Canada, there are increasingly more examples of how Indigenous peoples and industry are harnessing new opportunities to work alongside in partnership to create mutual benefits.

Setting the stage for partnership

Bill 85: The United Nations Declaration on the Rights of Indigenous Peoples Implementation Act  calls for developing and implementing an Action Plan to achieve the objectives of the UN Declaration in partnership and cooperation with Indigenous peoples. The Action Plan will identify priority areas for implementing the UN Declaration that can help close socio-economic gaps and promote greater prosperity for Indigenous peoples and all Canadians. 

Will there be immediate changes?

The Act does not immediately create any new obligations or regulatory requirements. The business, exploration, and mining sectors will continue to be required to meet procedural requirements contained in existing legislation and integrated systems under the Mackenzie Valley Resource Management Act. 

Bill 85 does not propose amending or repealing any existing territorial laws that do not align with the UN Declaration. Measures to align the laws of the Northwest Territories with the Declaration will require a collaborative process that identifies amendments to existing laws or the development of new laws and policies, and would proceed through the usual legislative processes in cooperation and collaboration with the IGOs of the Northwest Territories.