The United Nations Declaration on the Rights of Indigenous Peoples and Its Implications for Non-indigenous Landowners

Way back in another era (2007), the United Nations passed one of its overwhelming declarations that has received relatively little attention since.  That is about to change for at least one nation as you will see in this posting.

 

Here is the webpage from the United Nations website outlining the United Nations Declaration on the Rights of Indigenous Peoples or UNDRIP:

 

Here is the title page of the resolution/declaration:

 

The UNDRIP was adopted by the United Nations General Assembly on September 13, 2007 with 144 nations voting for the resolution and 4 voting against.  The four nations that voted against UNDRIP, Australia, Canada, New Zealand and the United States eventually signed on to the declaration.

 

Here are some excerpts from the Annex to the UNDRIP document:

 

"Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,

 

Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,

 

Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,

 

Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,

 

Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

 

Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,

 

Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources,

 

Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States,

 

Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,

 

Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment,

 

Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,

 

Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

 

Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,

 

Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,

 

Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect'

 

Now, let's look at three of the key Articles found in UNDRIP with my bolds:

 

1.) Article 26:

 

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

 

"Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

 

States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned."

 

2.) Article 27:

 

"States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process."

 

7.) Article 28

 

"1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.

 

2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress."

 

Basically, according to UNDRIP, indigenous people have the right to compensation for any lands that were taken from them without their consent.

  

Now, let's look at what Canada, one of the world's "woke nations" has recently done.  While Canadians have been distracted with all things COVID, thanks in large part to a national media that has solely focussed on the pandemic since early 2020, the Trudeau Liberal government and its patsies in the New Democrat and Bloc Quebecois parties passed this bill:

 

Bill C-15 "An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples" was introduced to the House of Commons on December 3, 2020, was sent to the Standing Committee on Indigenous and Northern Affairs on April 19, 2021, was passed by the House on May 25, 2021 where it received the following vote which was strongly in favour of the Bill:

 

The Senate passed the bill on June 16, 2021 and it was signed into law on June 21, 2021 when it received royal ascent.

Here are some excerpts from Bill C-15:

Whereas the United Nations Declaration on the Rights of Indigenous Peoples provides a framework for reconciliation, healing and peace, as well as harmonious and cooperative relations based on the principles of justice, democracy, respect for human rights, non-discrimination and good faith;

 

Whereas the rights and principles affirmed in the Declaration constitute the minimum standards for the survival, dignity and well-being of Indigenous peoples of the world, and must be implemented in Canada;

 

Whereas the Government of Canada is committed to taking effective measures — including legislative, policy and administrative measures — at the national and international level, in consultation and cooperation with Indigenous peoples, to achieve the objectives of the Declaration;

 

Whereas the Government of Canada is committed to exploring, in consultation and cooperation with Indigenous peoples, measures related to monitoring, oversight, recourse or remedy or other accountability measures that will contribute to the achievement of those objectives;

 

Here are the purposes of Bill C-15:

 

1.) affirm the Declaration as a universal international human rights instrument with application in Canadian law; and

 

2.) provide a framework for the Government of Canada’s implementation of the Declaration.

 

The preparation of the action plan must be completed as soon as practicable but no later than two years after the day on which the bill comes into force.

  

The United Nations Declaration on the Rights of Indigenous Peoples forms a Schedule to Bill C-15 with Articles 26, 27 and 28 remaining intact as quoted above meaning that they now form part of Canadian law. From this, it would certainly appear that this particular Canadian law was drafted by the United Nations.

It is not the intent of Bill C-15 that concerns me as indigenous people in Canada have long been mistreated by Canada's federal government, the Trudeau government being a prime example of promising the world and delivering nothing.  What concerns me is that, given that the United Nations has done its best to set itself up as the world's sole parliament, with its links to the World Economic Forum, the architect of our "Great Reset" future and with the WEF's close ties to the highest levels of governments around the world, most particularly Canada's thanks to Chrystia Freeland, we can be assured that more nations will be following Canada's lead and that Canada under the Liberal government will continue to look to the United Nations for further legislation as the world moves toward a U.N.-led global parliament.