UNDRIP Flashcards
United Nations declaration on the rights of INDG peoples (UNDRIP)
-the declaration itself is not a legally binding document
-Canada was reluctant to sign up
-the declaration is a declaration annexed to a resolution of the UN general assembly, it is not a treaty, covenant or protocol & cannot be signed or ratified
Who was involved in the UNDRIP
-the declaration is the result of almost 25 years of collaboration between UB member states & INDG peoples from around the world
-INDG leaders from Canada played a significant role in its development, including drafting & negotiating
What does the UNDRIP consist of?
-it consists of 24 preambular provisions & 46 articles that sets out the minimum standards for the survival, dignity & well-being of INDG peoples throughout the world, including rights related to governance, health, immunity, culture, language, lands, territories & resources, & education
Article 1: economic & social rights
INDG peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights & fundamental freedoms as recognized in the chart of the United Nations, the UNDRIP & international human rights law
Article 2: general principals
INDG peoples & individuals are free & equal to all other peoples & individuals & have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their INDG origin or identity
Article 3: self-determination, self-government & recognition of treaties
INDG peoples have the right to self-determination. By virtue of that right they freely determine their political status & freely pursue their economics
Article 6: theme: cultural, religious & linguistic rights
Every INDG individual has the right to nationality
Importance of the act
Implementing the declaration is a significant step forward on the shared path of reconciliation, responds to the truth & reconciliation commissions call to action 43 & the national inquiry into MMIWG calls for justice
Impact on legislation
The act provides a framework to advance the gov’t of Canada’s implementation of the UNDRIP in partnership with INDG people
-can guide Canadian law
- a human rights instrument bc it helps interpret Canadian law
Overview
The act is about protecting & promoting INDG rights, including rights to self-determination, self-gov’t, equality, & non-discrimination as a basis for forgoing stronger relationships with FN, Inuit & Métis peoples
