A/HRC/48/75
determination and should not be used to distract from the broader right of indigenous peoples
to freely determine their futures in their entirety.
48.
In 2019, British Columbia, Canada, passed the Declaration on the Rights of
Indigenous Peoples Act, under which the provincial government is required to take steps to
implement the United Nations Declaration on the Rights of Indigenous Peoples in provincial
law. On 21 June 2021, the Parliament of Canada adopted the Act respecting the United
Nations Declaration on the Rights of Indigenous Peoples, under which the Federal
Government is required to take steps to implement the Declaration.111 In its preamble, the
Act stipulates that: “The Government of Canada recognizes that all relations must be based
on the recognition and implementation of the inherent right to self-determination, including
the right to self-government.” Both pieces of legislation were developed jointly with
indigenous peoples. In 2020, the Government of Sweden proposed a draft bill to the
parliament, entitled “Consultation on Matters concerning the Sami People”, in consultation
with the Sami Parliament. It aims to give the Sami people the right to be consulted in matters
of special significance to them.112 For the Sami Parliament, the Act would improve the rights
of the Sami to participate in decision-making processes on matters affecting them and would
be an important step towards realizing the right to self-determination.113
49.
Historical and modern treaties are a feature of indigenous peoples’ self-determination,
defined by a Canadian constitutional lawyer as “a constitutionally protected sharing of
sovereignty among the signatories to the treaty”. 114 Such countries include Canada, New
Zealand and the United States, and interestingly, one indigenous people, the Onondaga
Nation, has signed treaties with both Canada and the United States. In New Zealand, an
indigenous-led process is seeking constitutional transformation for equality of governance,
and, similarly in Australia, constitutional recognition of an indigenous peoples’ voice to
Parliament is being pursued, given the vulnerability of possible state and territorial treaties
to being overridden by the Federal Government. A guiding principle for negotiations is a
recognition of the right to self-determination,115 and the consultation processes have been led
and designed by indigenous people.116 In Canada, under modern treaties, some indigenous
peoples indicate that, although they have the authority to make laws, they lack the authority
to adjudicate and enforce their laws, and there is no funding for enforcement.
50.
In 2019, Canada, British Columbia and the First Nations Summit endorsed a new
recognition and reconciliation of rights policy for treaty negotiations in British Columbia, 117
as a framework, inter alia, to implement the Declaration, including the rights to free, prior
and informed consent and self-determination. In 2017, through the execution of the CanadaMétis Nation Accord, Canada and the Métis Nation agreed that they must be involved as
partners in any legislative or policy development that affects the lives and rights of Métis
Nation citizens.118
51.
Some States are developing national plans of action119 to implement the Declaration.
In 2019, the Government of New Zealand established a Declaration Working Group as an
independent body to provide advice and recommendations on the form and content of a
Declaration plan. 120 Other activities include a ministerial working group, 121 a Māori
111
112
113
114
115
116
117
118
119
120
121
Statements made by the Coalition for the Human Rights of Indigenous Peoples and the British
Columbia Treaty Commission at the fourteenth session of the Expert Mechanism.
Submission from Sweden.
Statement made by the Sami Parliament in Sweden at the fourteenth session of the Expert
Mechanism.
See www.bctreaty.ca/sites/default/files/LegalOpinionHoggMillenTreatiesandShareSovereigntyCanada.pdf.
See www.legislation.vic.gov.au/in-force/acts/advancing-treaty-process-aboriginal-victorians-act2018/001.
See www.aboriginalvictoria.vic.gov.au/treaty-bodies; and submission from the Castan Center for
Human Rights.
See www.bctreaty.ca/sites/default/files/RecognitionandReconciliationofRightsPolicyforTreatyNegotiations.pdf.
Submission from the Inuit Circumpolar Council.
See A/HRC/36/56.
Submission from New Zealand.
See www.tpk.govt.nz/docs/undrip/tpk-undrip-he-puapua.pdf.
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