Realizing the UN Declaration on the Rights of Indigenous Peoples

Triumph, Hope, and Action

Edited by Jackie Hartley, Paul Joffe, Jennifer Preston

Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide. It provides a strong foundation for improved relationships with states, and for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada is one of the few countries to oppose the Declaration.

The contributors to this collection analyze the development of the Declaration, recall the triumph of its adoption, and illustrate the hopes and actions for its implementation. The discussion moves beyond Canadian borders to the international stage, providing accessible information and guidance on the Declaration and how it can be used to advance human rights. Policy makers, Indigenous communities, politicians, academics, lawyers, human rights advocates, NGOs, and anyone interested in the significance of the Declaration will find this to be a valuable resource. Contributors include Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, with extensive knowledge of and experience in Indigenous peoples’ human rights law, policy, and practice.

Contents

FOREWORD
Phil Fontaine
A Living Instrument

INTRODUCTION
Jackie Hartley, Paul Joffe, and Jennifer Preston
From Development to Implementation: An Ongoing Journey

I: DEVELOPMENT, ADOPTION, AND IMPLEMENTATION
1. Kenneth Deer
Reflections on the Development, Adoption, and Implementation of the UN Declaration on the Rights of Indigenous Peoples
2. Les Malezer
Dreamtime Discovery: New Reality and Hope
3. Grand Chief Edward John
Survival, Dignity, and Well-Being: Implementing the Declaration in British Columbia

2: STATES AND CIVIL SOCIETY
4. Connie Taracena
Implementing the Declaration: A State Representative Perspective
5. Paul Joffe
Canada’s Opposition to the UN Declaration: Legitimate Concerns or Ideological Bias?
6. Jennifer Preston
Realizing the Human Rights of Indigenous Peoples: Partnerships with Non-Indigenous NGOs

3: TREATY RIGHTS AND FREE, PRIOR, AND INFORMED CONSENT:
ESSENTIAL ASPECTS OF SELF-DETERMINATION
7. Wilton Littlechild
Consistent Advocacy: Treaty Rights and the UN Declaration
8. Andrea Carmen
The Right to Free, Prior, and Informed Consent: A Framework for Harmonious Relations and New Processes for Redress
9. Romeo Saganash and Paul Joffe
The Significance of the UN Declaration to a Treaty Nation: A James Bay Cree Perspective

4: DIMENSIONS OF COLLECTIVE AND INDIVIDUAL SECURITY
10. M. Celeste McKay and Craig Benjamin
A Vision for Fulfilling the Indivisible Rights of Indigenous Women
11. Mary Ellen Turpel-Lafond
More than Words: Promoting and Protecting the Rights of Indigenous Children with International Human Rights Instruments

CONCLUSION
Jackie Hartley, Paul Joffe, and Jennifer Preston
Hopes and Challenges on the Road Ahead

APPENDICES
Appendix I
United Nations Declaration on the Rights of Indigenous Peoples
Appendix II *
Open Letter:
Canada Needs to Implement this New Human Rights Instrument
Appendix III
Supportive Statements Worldwide
Notes
Index
Contributors
List of Abbreviations

About the Authors

Jackie Hartley is a Policy and Research Officer with the Australian Human Rights Commission (the views expressed in the jointly authored Introduction and Conclusion are her personal views and not those of the Australian Human Rights Commission). She has taught Australian history and public law at the University of New South Wales, and is a member of the editorial panel of the Australian Indigenous Law Review.

Paul Joffe is an attorney who, since 1974, has specialized in human rights and other issues relating to Indigenous peoples at the international and domestic level. For over two decades, he has been involved in international standard-setting processes, including those relating to the United Nations Declaration on the Rights of Indigenous Peoples, the draft American Declaration on the Rights of Indigenous Peoples, and the Indigenous and Tribal Peoples Convention, 1989.

Jennifer Preston is the Program Coordinator for Aboriginal Affairs for the Canadian Friends Service Committee (Quakers). She has lectured in Canadian Studies at the University of Waterloo. Her work in recent years has focused on international Indigenous rights, specifically the United Nations Declaration on the Rights of Indigenous Peoples.