Overview of the UN Declaration and obligations in the UN Declaration Act

The UN Declaration

The UN Declaration is the result of decades of work and collaboration between UN Member States and Indigenous peoples from around the world. Indigenous leaders from Canada played a significant role in its development, including its drafting and negotiation. The UN Declaration was adopted by the United Nations General Assembly on September 13, 2007 in Resolution 61/295.

Through 46 articles, the UN Declaration affirms and sets out a broad range of collective and individual rights that constitute the minimum standards to protect the rights and contribute to the survival, dignity and well-being of Indigenous peoples. The UN Declaration affirms existing rights under international law and specifies how they apply to Indigenous peoples. The following diagram provides a summary of major themes addressed by the UN Declaration.

Thematic categories are fluid and many articles touch on multiple themes. Different rights may be read together depending on the issues engaged by a proposal. Thematic frameworks may also vary for analytical and reporting purposes.

Themes of the United Nations Declaration on the Rights of Indigenous Peoples

Themes of the United Nations Declaration on the Rights of Indigenous Peoples
Text version

Themes of the United Nations Declaration on the Rights of Indigenous Peoples

The UN Declaration Act promotes harmonious and cooperative relations between the State and Indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, including:

  • Equality and non-discrimination
  • Gender equality
  • Individual and collective rights
  • Minimum standards
  • No diminishment of rights

The UN Declaration Act is meant to be read as a coherent and integral whole; the rights within it are indivisible, interdependent, and interrelated and can be grouped into themes as follows:

  • Self-determination, self-governance and recognition and enforcement of treaties
  • Lands, territories and resources
  • Environment
  • Civil and political rights
  • Participation in decision-making and strengthening Indigenous institutions
  • Economic and social rights
  • Cultural, spiritual and language rights
  • Education and media
  • Implementation and redress

While there are intersections between section 35 constitutionally protected Aboriginal and treaty rights and the rights contained in the UN Declaration, the UN Declaration covers a broader scope of rights, including civil, political, social, economic and cultural rights.

Like many international instruments, the UN Declaration uses broad language that is open to interpretation. There may be different views on what a given provision means. While the interpretation and application of the UN Declaration can be undertaken without systematically seeking legal advice, some interpretations of the UN Declaration may give rise to legal considerations and warrant closer collaboration with your LSU.

For more information on the rights contained in the UN Declaration and how to interpret them, you can:

The United Nations Declaration on the Rights of Indigenous Peoples Act

The UN Declaration Act came into force on June 21, 2021. It sets out a framework for implementation of the UN Declaration at the federal level.

The key obligation in relation to ensuring consistency with the UN Declaration is in section 5 of the UN Declaration Act:

“The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.”

The statutory obligation to take measures to ensure consistency of federal laws and regulations applies to all federal departments and agencies and their officials. It applies whenever there is a potential intersection between a legislative or regulatory proposal and the UN Declaration. A proposal that touches on, is connected to or influences a subject matter that is covered by a right in the UN Declaration can be said to intersect with it. Because of the UN Declaration’s broad scope, most proposals will intersect with it in one or more ways.

For initiatives that are not legislative or regulatory in nature, there is no statutory obligation to ensure consistency with the UN Declaration or to consult and cooperate pursuant to section 5 of the UN Declaration Act. However, as stated in the preamble to the UN Declaration Act, the Government of Canada is committed to taking effective legislative, policy and administrative measures, in consultation and cooperation with Indigenous peoples, to achieve the objectives of the UN Declaration.

In addition, the UN Declaration Act Action Plan, released in June 2023, contains 181 measures intended to contribute to achieving the objectives of the UN Declaration. Some of these measures may lead to legislative or regulatory development, to which section 5 of the UN Declaration Act will also apply. To this end, it is strongly recommended that a UN Declaration consistency analysis be completed for every MC, and consideration of the Declaration is a requirement for MCs on legislative and regulatory initiatives.