A/HRC/51/50 means be dismissed.92 The federal Government and provincial governments of Canada have been widely criticized for taking a reductionist approach to treaty interpretation. 93 49. In interpreting treaties, it is important to “emphasize and assert indigenous peoples’ own understanding of the treaties negotiated by treaty nations, as documented and evidenced by indigenous people’s oral histories, traditions and the concepts expressed in their own languages”94 in the light of international human rights law.95 Treaties should be seen as living agreements, and their spirit and intent should be borne in mind, with due consideration given to indigenous worldviews. 96 In some cases, it is critical to respect treaties as spiritual covenants, as understood by indigenous peoples.97 50. When considering future agreements, issues of interpretation and meaning should be addressed preventatively. In the State of Victoria, the legislation on treaty processes acknowledges that the guiding principles may have different meanings and emphasis for different traditional owners and Aboriginal Victorians and that those variations must be considered in the application of the guiding principles.98 51. It has been reported that in some cases unilateral interpretation of treaties has brought about their unilateral termination.99 In the case of the Western Shoshone Nation, the InterAmerican Commission of Human Rights found that the State had violated indigenous peoples’ property rights to ancestral lands,100 and the Committee on the Elimination of Racial Discrimination issued an early warning and urgent action procedure on the case.101 United Nations human rights treaty bodies and special procedures have urged the United States to recognize that Native American treaty rights cannot be unilaterally extinguished. 102 As affirmed in the final report of the Special Rapporteur, treaties without an expiration date are to be considered as continuing in effect until all parties decide to terminate them.103 Recently 17 federal agencies of the Government of the United States entered into a memorandum of understanding to protect tribal treaty rights in their policymaking and regulatory processes. 104 B. Enforcement 52. Implementation of agreements may entail structural, legislative and administrative changes, such as the creation of specific institutions or the strengthening of pre-existing ones. It also requires the allocation of a sufficient budget to implement necessary changes and finance the institutions in charge of implementing and/or monitoring the implementation of agreements. These institutions should be provided with the means to perform their tasks, a solid mandate, appropriate powers, independence and technical capacities. Failure to comply 92 93 94 95 96 97 98 99 100 101 102 103 104 12 E/CN.4/2006/78/Add.3, para.16. Indigenous Bar Association in Canada, “Strengthening partnership between States and indigenous peoples: treaties, agreements and other constructive arrangements”, Geneva, 16–17 July 2012, p. 4 (available at https://www.ohchr.org/Documents/Issues/IPeoples/Seminars/Treaties/BP16.pdf). A/HRC/EMRIP/2010/5, para. 22. A/74/149, para. 43; see also E/CN.4/2005/88/Add.3 and E/CN.4/2005/88/Add.3/Corr.1; A/HRC/27/52/Add.2; and A/HRC/18/35/Add.4. The land is seen as a “being” or having a spirit, and therefore is in a relationship with indigenous peoples. As such, the land cannot be owned. Submission from the Friends of the Attawapiskat River; see also Leroy Little Bear, “Jagged worldviews colliding”, in Reclaiming Indigenous Voice and Vision, Marie Battiste, ed. (Vancouver, University of British Columbia Press, 2000). Submission of the Treaty Relations Commission of Manitoba. Advancing the Treaty Process with Aboriginal Victorians Act 2018, art. 20 (2). Submissions of the International Indian Treaty Council and the Western Shoshone Defense Project. Inter-American Commission on Human Rights, Mary and Carrie Dann v. United States (Case 11.140, Report No. 75/02, 27 December 2002) (available at https://www.cidh.oas.org/annualrep/2002eng/USA.11140.htm). See CERD/C/USA/DEC/1. CCPR/C/79/Add.50, para. 37; see also CCPR/C/USA/CO/3/Rev.1, para. 37; and A/HRC/21/47/Add.1, paras. 15 and 102. E/CN.4/Sub.2/1999/20, paras. 272 and 279. Submission to the fifteenth session of the Expert Mechanism by the United States, see https://www.doi.gov/sites/doi.gov/files/interagency-mou-protecting-tribal-treaty-and-reserved-rights11-15-2021.pdf.