Implementing UNDRIP in BC: A Discussion Paper Series
2019 saw historic developments related to the recognition of the fundamental human rights of Indigenous peoples. To help inform understanding and dialogue about the Declaration on the Rights of Indigenous Peoples Act and the United Nations Declaration on the Rights of Indigenous Peoples, the Indian Residential School History and Dialogue Centre will be periodically issuing short commentaries on what the developments might mean, issues to consider when reviewing them, and ideas about the work that must be collectively done going forward. These commentaries have been developed in dialogue with leading experts, including those who on the front lines of driving ongoing change. The Centre hopes that by sharing these perspectives, more informed, effective, and co-operative efforts will advance in support of true reconciliation.
Read and Download the Discussion Papers
We welcome your feedback on these commentaries, as well as ideas you may have for other topics that would be helpful for us to focus on in the future.
Taking “All Measures Necessary” to Ensure Laws are Consistent with the United Nations Declaration on the Rights of Indigenous Peoples
This paper discusses the federal government’s proposed legislation, Bill C-15, in context with BC’s Declaration on the Rights of Indigenous Peoples Act. The paper discusses legislative developments and obligations to ensure that laws are consistent with UNDRIP.
A Commentary on the Federal Government’s Legislation to Implement the United Nations Declaration on the Rights of Indigenous Peoples
This paper is a commentary on the federal government’s proposed legislation (Bill C-15) to implement the UN Declaration. This legislation was made public in December 2020 and has spurred much dialogue and debate.
Emergencies, Indigenous Governance and Jurisdiction
This paper discusses how the recent pandemic due to COVID-19 has reinforced the importance in the recognition, implementation and right to self-govern. This paper works to form proper connections between Indigenous communities and Crown jurisdictions, laws and levels of government. As we prepare for possible pandemics similar to COVID-19 and attempt to strengthen governance in times of distress, this paper serves as a jumping off point in the right to self-governance and reconciliation.
Indigenous Rights in Times of Emergency
This paper discusses the (amplified) effects of world crises on the human rights of Indigenous peoples. It recognizes the unforeseen effects of COVID-19 on various vulnerable populations, and the ways previous emergencies have affected these populations. It addresses the questions about the process of reconciliation, and the ways in which it may be stalled, and ways that the priorities of reconciliation may need to change in order to continue moving forward.
Operationalizing Free, Prior, and Informed Consent
This paper discusses the practical implementation of consent-based decision making, and emphasizes the difference between consultation between governments before a decision is made, and a genuine joint decision. It explains three basic models of implementing consent between Crown and Indigenous governments, and notes the increase in proper recognition and implementation of Indigenous jurisdictions.
Co-operatively Resolving Conflicts Through the Application of UNDRIP
This paper addresses challenges in co-operative approaches to addressing conflicts in government, and explains the way DRIPA helps advance these approaches. It also discusses the shift to a focus on the recognition and implementation of Indigenous rights, and the emphasis is being placed on moving away from adversarial forums and modes of engagement to new, principled, modes of co-operation.
“Indigenous Governing Bodies” and advancing the work of Re-Building Indigenous Nations and Governments
This paper is about the purpose and interpretation of the definition of “Indigenous Governing Bodies” in the context of DRIPA. By making observations about the inclusion of the definition in DRIPA, it helps to build understanding in this area of speculation. It also discusses the distinction between the questions of the proper Title and Rights holder and who represents the proper Title and Rights holder.
Achieving Consistency between the United Nations Declaration on the Rights of Indigenous Peoples to the Laws of British Columbia
This paper addresses questions about the application of the UN Declaration to the laws of British Columbia. It explains the importance of using a human rights lens with the implementation of the UN Declaration by recognizing the impact of colonialism on marginalized communities, and not only the collective matters of land and governance.
For more of the Centre’s publications and dialogues on UNDRIP, visit our Reports Section.
About the Indian Residential School History & Dialogue Centre
The Indian Residential School History & Dialogue Centre (IRSHDC) is located on the traditional, ancestral, and unceded territory of the hən̓q̓əmin̓əm̓-speaking xʷməθkʷəy̓əm (Musqueam people). With a mandate to support access to Residential School records for Survivors, their families, and communities, the IRSHDC works to generate inclusive dialogue that is transparent and trauma-informed, and build information practices, research, and education around Residential Schools and related systems. With a framework that privileges respectful, equitable, and Indigenous-informed access to records and information, the IRSHDC is developing digital systems and spaces of inquiry to model a new platform for information stewardship.