UNDRIPIMPLEMENTATION ACTIONPLANANNOUNCEMENT
Last year, the Government of Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act, or UNDA. UNDA requires them to bring all existing laws into alignment with the United Nations Declaration on the Rights of Indigenous People (UNDRIP).
The UNDA mandates that the government must “work in consultation and cooperation with Indigenous people to”:
Take all measures necessary to ensure the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples (the UN Declaration)
Prepare and implement an action plan to achieve the objectives of the UN Declaration
Develop annual reports on progress and submit them to Parliament
UNDA also outlines what has to be included in the Action Plan and sets some other key guidelines for it:
The plan must be developed in consultation and cooperation with Indigenous peoples and with other federal ministers
The plan must be completed within two years, by June 21, 2023 and be tabled in Parliament and made public
The plan must include measures to: tackle violence and discrimination against Indigenous peoples promote understanding through human rights education ensure accountability with respect to implementation of the UN Declaration and monitor the implementation of the plan and for reviewing and amending the plan
2007
- UNDRIP Passes
Canada is one of four countries to vote against it
2015-2016 Canada Signs on to UNDRIP
After campaigning on a promise to implement UNDRIP, Trudeau's government officially commits Canada to it Like all international law and policy, it is unenforceable without being incorporated into national law
2018 - Romeo Saganash Writes Bill C-262
This is the first bill aiming to enshrine UNDRIP in Canadian law The Bill passes in the House of Commons but doesn't pass the Senate
2021 - Bill C-15, UNDA becomes law
2023
- UNDA Action Plan
Following 2021-2022 consultations, Justice Canada publishes its legally-mandated Action Plan
The Bill is largely inspired by Bill C-262 As mandated by the bill, Justice Canada begins carrying out consultations with Indigenous communities and organizations, including CRE
JULY 2023
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INDIGENOUS YOUTH VOICES ON UNDRIP IMPLEMENTATION
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INDIGENOUS YOUTH ENGAGED
In the fall of 2022, CRE began conversations with Indigenous youth across Canada to find out their biggest priorities when it comes to how to implement UNDRIP. In total, we spoke to 183 Indigenous youth through sharing circles, a policy hackathon, an online survey, and at an in-person forum in Iqaluit, which was hosted in partnership with Ivviulutit.
In total, they made 51 recommendations covering everything from ending anti-Indigenous racism, immediate reforms that are needed, how UNDRIP can support community sovereignty, and how to measure UNDRIP’s success and keep the government accountable to its principles. You can read all 51 recommendations in the full report, but we identified these three umbrella recommendations that contain many of the more specific recommendations made by the youth:
Establish regionally-specific funding pots for Indigenous-led initiatives that address food insecurity, housing precarity, and access to all forms of healthcare.
Develop a national strategy for Indigenous-specific anti-racism education (including sector specific training requirements, and ensuring Indigenous rights, histories, and realities are incorporated into secondary and post-secondary education curricula)
Report back often, in accessible formats, and continue to dialogue with youth through engagement (this includes reporting on at least a quarterly basis, with smaller milestones reported as they develop, as well as cultivating an online presence so that youth have easy access to updates)
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SO, WHAT'S IN THE ACTION PLAN FOR INDIGENOUS YOUTH?
The Action Plan contains 180 actions and is divided into the following sections: Shared Priorities (22 actions), Cross-cutting priorities (88 actions), First Nations priorities (19 actions), Inuit priorities (22 actions), Métis priorities (13 actions), and Indigenous Modern Treaty partner priorities (16 actions).
Notably, each action is assigned to a specific ministry/department. The bulk of the actions have been assigned to Justice Canada, Crown-Indigenous Relations and Northern Affairs, and Indigenous Services Canada
In total, there are five actions that specifically refer to Indigenous youth, at least three of which are actions that the government had previously committed to.
Action 29: Continue working on child welfare reform by implementing An Act respecting First Nations, Inuit and Métis children, youth and families. Passed in 2019, this law is meant to reduce the number of Indigenous children and youth in the child welfare system by affirming and protecting the right of communities to have jurisdiction over child and family services. (Assigned to: Indigenous Services Canada)
Action 51: Ensure the Impact Assessment Agency of Canada carries out its work in a way that aligns with the goals and spirit of UNDRIP. This includes prioritizing free, prior and informed consent and “consideration of health, social and economic factors, including impacts to women, youth and Elders” (p 35) (Assigned to: Impact Assessment Agency of Canada)
WHAT'S THE IMPACT ASSESSMENT AGENCY?
Accountable to the Minister of Environment and Climate Change Studies the environmental, economic, social, and health impacts of infrastructure and resource-extraction projects.
Action 96: For places administered by Parks Canada, the department must “advance policy and on-the-land initiatives” in order to support Indigenous peoples relationships with their lands and waters. This includes funding and employment support for on-the-land language and cultural learning by and for Indigenous peoples, including youth. (Assigned to: Parks Canada)
Action 103: Action 103: In consultation with Indigenous language keepers, continue funding early learning and child care services in Indigenous communities that support Indigenous youth in learning their language.
(Assigned to: Employment and Social Development Canada and Indigenous Services Canada)
Action 104: “Co-develop options to implement the Truth and Reconciliation Commission’s Call to Action 66, to ‘establish multi-year funding for communitybased youth organizations to deliver programs on reconciliation and establish a national network to share information and best practices’”. (Assigned to: CrownIndigenous Relations and Northern Affairs Canada)
MAKING SPACE FOR INDIGENOUS YOUTH TO LEAD UNDRIP IMPLEMENTATION
Indigenous youth we met and spoke with during our engagement were clear about what they wanted to see from and during UNDRIP implementation: they asked for the government to go beyond the distinctions between First Nations, Métis and Inuit; to think intersectionally, intergenerationally, and in a community-based way about the needs of Indigenous peoples
They repeatedly asserted their mistrust in the Government’s ability to carry out this work and produce results that will meaningfully, measurably uplift Indigenous communities. We had robust discussions about the need for accountability and constant reporting back on the Action Plan’s progress directly to Indigenous youth and their communities, and the need for that communication to be accessible.
We are glad to see that the Action Plan contains some measures related to monitoring implementation of its 180 actions (p. 27-28), including establishing an “independent Indigenous rights monitoring, oversight, recourse or remedy mechanism” (p. 27). Other accountability-related actions include publicly reporting on progress annually, identifying indicators of success together with Indigenous peoples, and updating the action plan every 5 years.
As an organization that centers Indigenous youth realities and wisdom in all our advocacy and programming, CRE also welcomes the government of Canada’s recommitment to Call to Action 66. As a key step to reconciliation, Indigenous youth continue to call for consistent and adequate resources and spaces for youth-led programs and spaces that directly meet their distinct needs.
CRE will continue to advocate for youth to lead and inform all of these processes.
READ
CRE’s Engagement Report – Indigenous Youth Voices and UNDRIP Implementation
Justice Canada UNDA Homepage
UNDRIPIMPLEMENTATION ACTIONPLANANNOUNCEMENT
JULY 2023
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