The power of coalition: recent webinar on Indigenous Peoples’ human rights
Have you ever tried to learn more about a complicated subject, only to find yourself stuck? When we turn to social media or web searches, we might be pointed to the angriest voices, not because their information is accurate, but because it’s attention grabbing. A search for information on Indigenous Peoples’ human rights is like this. It can easily lead to misinformation. It can present human rights as a zero-sum competition, where when one group has their rights respected, another group must lose out. This is false. Respect for the human rights of one group helps safeguard the human rights of all.
We’ve found working together with partners to be one of the best ways to address misinformation. That’s why, decades ago, we helped found the Coalition for the Human Rights of Indigenous Peoples (the Coalition). The relationships we’ve developed in the Coalition sustain our work. They strengthen not only our research and learning, but also our advocacy. They allow us to share perspectives and expertise directly with policy makers and the public.
One of our recent projects serves as an excellent example of the value of this collaboration. In November we hosted a webinar with the Coalition entitled Advancing implementation: The UN Declaration on the Rights of Indigenous Peoples in Canada today.
Implementation is the process by which Indigenous Peoples practice their rights, and by which Canada fulfills the commitments in the UN Declaration. For as long as Indigenous Peoples have existed, they’ve been exercising their inherent rights. Canada has much catching up to do. In 2021, it made the bold proclamation that it would commit to implementation of the Declaration through legislation. The UN Declaration on the Rights of Indigenous Peoples act became law.
As you can imagine, this is a complicated subject. It can be confusing. Yet we were able to host nearly 100 attendees eager to learn more. Our webinar panel gave an account for why implementation is important, and how it has been going since the passage of the Act.
Kenneth Deer of the Haudenosaunee External Relations Committee shared first. He started with the inspiring story of Chief Deskaheh of the Haudenosaunee Confederacy. Over a century ago, Chief Deskaheh went to Geneva to advocate for his nation at the newly formed League of Nations. Despite being denied entry, he demonstrated perseverance and tenacity in the face of oppression. He represents just one example of how Indigenous Peoples have participated in international diplomacy for generations. The story Kenneth shared grounded our conversation. The Declaration is not a new human rights agreement that gives anyone special rights. It’s part of a long history of Indigenous Peoples advocating for what they’ve always known they deserve—the same rights as all other Peoples.
Chief Francis of the Tsilhqot’in National Government shared an excellent example of this. He explained his Nation’s victory in court. Indigenous Nations, like all other Nations, have collectively governed land for generations. This case was the first in Canada where the government recognized Aboriginal title held by the Nation to that traditional territory. Chief Francis also spoke more broadly about the importance of inherent land rights elaborated by the Declaration. The agreement his Nation signed with Taseko Mines Ltd. is an example of how implementation, and the protection of land rights, are possible.
Next, legal scholar and professor Naiomi Metallic offered her expertise on the Declaration. She pointed to the ways in which Canada’s courts are increasingly citing the Declaration in their decisions. Some judges have recognized that because of the 2021 legislation, the Declaration is now part of Canada’s positive law. In other words, this international Declaration has become the law of the land in Canada. Her conclusion is that the courts are creating more space for the use of international law and Indigenous law, and for their coexistence with Canadian law. This inclusion benefits us all.
Professor Sheryl Lightfoot continued the conversation with an overview of the global cooperation that continues to thrive between Indigenous Peoples around the world. Her role as the North America member of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) gives her a unique vantage point. She shared numerous examples of how implementation of the Declaration is moving forward globally, despite remaining challenges. Sheryl concluded by celebrating the important work of the international Indigenous networks that helped draft the Declaration and continue to sustain implementation around the world today.
“Respect for human rights for one group helps safeguard the human rights of all.”
Finally, Grand Chief Edward John expressed his admiration for the Declaration, pointing out that it articulates both rights and responsibilities. Article 25 is the example he highlighted. It states that, “Indigenous Peoples have the right to maintain and strengthen their distinctive spiritual relationship with their lands, territories, waters… and to uphold their responsibilities to future generations in this regard.” He explained that these distinctive relationships come from Indigenous Peoples’ teachings. His Nation’s teachings repeatedly emphasize his People’s responsibility to all things and to each other. Human rights are both a way to protect his spirituality and a call to action to advocate for future generations.
This webinar wouldn’t have been possible without our moderator, Lea Nicholas Mackenzie. Her guidance through the conversation drew connections between each of the panelists and provided clarity on a complicated topic. Her opening remarks summarized the webinar excellently. She reminded us that the Declaration represents a great achievement for Indigenous Peoples’ human rights—not only as a tool for advocacy, but also as an articulation of the rights Indigenous Peoples have always had. She also challenged us to keep our focus on the implementation of these rights. As each of the panelists noted, implementation is the fundamental next step that Canada must continue to strive for.
This article is just a quick summary of a much richer conversation. I’d encourage you to watch the webinar:
Jeremy Vander Hoek is CFSC’s Indigenous Rights Program Coordinator.
