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Reflecting on UNDRIP's Anniversary: The Path So Far and the Journey Ahead

—By Eden Klein

A hand holds out a birds feather

September 13th marks the anniversary of a historic moment for Indigenous rights globally: the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the UN General Assembly in 2007. UNDRIP is a human rights instrument created to protect the rights of Indigenous Peoples in international law. This includes their inherent rights across many aspects of life, such as rights to land, language, culture, identity, health, education, economy, and spirituality. It also includes the right to Free, Prior, and Informed Consent (FPIC) – a process by which Indigenous Peoples are free to make decisions about their lands and rights voluntarily and with adequate time and information. For those of us who are environmental planners, community workers, or impact assessment practitioners – and across many other disciplines as well – the principles of UNDRIP are fundamental for pushing the boundaries of colonial planning and decision-making processes toward respecting the sovereignty, self-determination, and inherent jurisdiction of Indigenous Peoples.

Today serves as a reminder to look back – to reflect on the rights that have been marginalized and violated time and time again, to remember UNDRIP’s path so far – but also to look forward at the ongoing journey toward upholding these rights and consider our place in shaping this future.

Article 18

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 26.1

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

Canada’s Journey with UNDRIP

For Canada, this journey has been complex. When UNDRIP was first adopted, Canada was one of four countries – alongside the United States, Australia, and New Zealand – that voted against it. They had concerns about provisions on land and argued that the Canadian Charter of Rights and Freedoms was already sufficient in protecting Indigenous rights. After years of advocacy and pressure from Indigenous leaders and communities, including the 2015 Truth and Reconciliation Commission that called upon all levels of government to adopt the objectives of UNDRIP, Canada finally endorsed the Declaration in 2016. At local and regional levels, the only governments that have adopted UNDRIP to date are the Province of British Columbia (2019), the Northwest Territories (2023), the City of Vancouver (2021/2022), and the City of Saskatoon (2022). At the national scale, Canada passed legislation in 2021 to align federal laws with UNDRIP’s principles through Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA). This was followed by a UNDA Action Plan for 2023-2028. While these do mark notable steps forward, both the Act and its Action Plan have been critiqued by Indigenous legal experts. They point to shortcomings like omitting key pieces of UNDRIP, lacking clarity for implementation, neglecting measures for accountability, and failing to recognize Indigenous legal traditions beyond the confines of colonial legal systems. So, in other words, falling short of UNDRIP itself. It’s clear that there is still much work ahead for settler governments in Canada to understand, respect, and act on upholding Indigenous rights.

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Steps in the Right Direction

Despite the need for ongoing improvement in Canada’s legal journey with UNDRIP, there are examples of Indigenous nations across the country that are leading the way to show what it can look like to implement UNDRIP’s principles.

One example that we at Narratives have the honour of supporting is being led by the Niiwin Wendaanimok Partnership (NWP), collectively representing Wauzhushk Onigum Nation, Washagamis Bay First Nation, Shoal Lake 40 First Nation, and Niisaachewan Anishinaabe Nation. In response to Ontario’s proposal to twin the TransCanada Highway through their shared territory, the Niiwin Wendaanimok Partnership came together to establish a unique Harmonized Impact Assessment (HIA) process that equally upholds the western laws of the Crown with the customary resource law of the Anishinaabe Nation in Treaty #3, the Manito Aki Inakonigaawin. Rather than trying to fit Indigenous law into the box of western law, the Harmonized Impact Assessment serves as an example of how UNDRIP principles can be practiced in impact assessment through the creation of new processes that are self-determined, that uphold Indigenous legal systems and environmental stewardship practices, and that create space for fostering true nation-to-nation partnerships.

Article 32.1

Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.

Article 32.2

States shall consult and cooperate in good faith with the Indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

Article 29.1

Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection without discrimination.

How Will You Walk?

The adoption of UNDRIP was a pivotal moment, but its true significance lies in its implementation. As we reflect on the anniversary of UNDRIP’s adoption, it's important to consider how its principles are – or are not – being applied through concrete actions in Canada. But even in the absence of clearly enforceable legislative requirements, UNDRIP offers principles that we as practitioners can and must weave into our practice.

I invite you to read the Declaration, and I invite you to reflect: What would it look like for Indigenous legal traditions and governance systems to truly be recognized and respected? How can we ensure that FPIC is not just a box to be checked but a genuine and ongoing process of collaboration? How can we ensure that Indigenous Peoples have the power to shape the decisions that affect their lands and lives? And how can we move from symbolic regulatory gestures of reconciliation to substantive change that aligns with the spirit and letter of UNDRIP?

As you reflect on this, consider: How will you or your organization contribute to making space for Indigenous rights and legal traditions in your work? How will you support other organizations that are furthering the realization of Indigenous rights? How will you put UNDRIP’s principles into practice? What does this mean for you?

Eden Klein, Project Director | Environmental Planner