What is UNDRIP?
The United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP, is an international Human Rights instrument developed within the United Nations intended to provide a framework for the protection and promotion of Indigenous rights globally. UNDRIP is considered to represent the minimum standards for the survival, dignity, and well-being of Indigenous peoples.
While UNDRIP did not create new rights, the 46 articles of UNDRIP are considered to have significant normative power and are treated as legally influential in Canada, particularly following the enactment of the UNDRIP Act in 2021. This Act affirms UNDRIP as a universal international human rights instrument with application in Canadian law; effectively incorporating UNDRIP into Canada's legal framework. While UNDRIP itself is not a binding treaty, its principles are increasingly being used to inform Canadian law and policy, including constitutional interpretation and statutory interpretation. As one example discussed further below, in a 2024 case, the Supreme Court of Canada repeatedly cited UNDRIP in affirming that federal legislation relating to Indigenous children and families was constitutionally valid.
History of UNDRIP
UNDRIP took years to develop, with the help of a large group of Indigenous people from around the world, including Dr. Kenneth Deer, Bear Clan of the Mohawk Nation from Kahnawake territory in Canada. The inclusion of Indigenous people in its development makes UNDRIP the first human rights instrument that included the participation of those whom it aims to protect.
The 46 articles of UNDRIP fall into six categories:
- Identity, Culture and Language
- Self-determination and Governance
- Lands, Territories, and Resources
- Participation and Decision-Making
- Social, Economic and Well-being Rights
- Justice, Redress, and Accountability
Once finalized, UNDRIP was adopted by the United Nations general assembly in 2007. At that time, 144 nations voted in favour, 11 abstained, and four voted against. Canada was famously one of the four countries that initially voted against UNDRIP. However, in 2010, Canada endorsed UNDRIP and then adopted the UNDRIP Act in 2021. This adoption formally incorporated the declaration into Canadian law and positively positions Canada as a leader in UNDRIP’s implementation and commitment to promoting the rights of Indigenous Peoples – an important commitment given the atrocities Canada has committed against Indigenous Peoples.
What does this mean for lawyers and law firms?
Lawyers and law firms have a responsibility to ensure the rights of Indigenous peoples are protected, including specifically, Indigenous firm partners, employees, students, clients, witnesses and members of the public.
How can lawyers and law firms promote and protect the rights of Indigenous peoples?
Firms and lawyers can do a wide range of things to help ensure the rights of Indigenous peoples are protected. This section provides tangible, categorized examples to help guide members of the Canadian legal profession on how to implement UNDRIP into law practice. (see 4.5 Alignment of Law Practice and UNDRIP)