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4.3 Core Principles of UNDRIP

The below principles underpin UNDRIP and its recognition as Indigenous peoples as a distinct peoples should be treated as interpretive lenses.

  • Distinct peoples – laws, policies and rights applied to Indigenous peoples must be viewed through the specific cultural, historical, and political lens of the individual or group’s specific Indigenous cultural community (nation, tribe, settlement, etc.), and must not be viewed through a generic, one-size-fits-all or pan-Indigenous lens.
  • Self-determination – Indigenous peoples have the right to determine their own political status and pursue their own social, economic and cultural development, including right to autonomy and Indigenous governance and jurisdiction.
    • Intersects with:
      •  Section 35 of the Constitution Act, 1982.
      • Treaties and Modern Land Claim Interpretation
  • Inherent Indigenous Human Rights (not granted by the state) – affirms Indigenous rights pre-exist colonization and do not flow from the Crown recognition, legislation or policy. Institutions are required to recognize and respect that rights already existed even when those rights are not fully articulated in Canada.
  • Nationhood and collective rights – Indigenous Rights are collective, held by Nations, communities and not individuals.  Implications of engagement at the Nation and rights-holder level and collective decision-making authority.
  • Free, Prior and Informed Consent (FPIC) - establishes a standard for decision-making where Indigenous rights may be affected.  Requires that engagement is free of coercion, occurs before decisions are made, is based on full and accessible information, and seeks meaningful consent, not procedural approval. In Canada, FPIC reframes consultation as a rights-based process with accountability, particularly where decisions affect lands, resources, or governance.
  • Equality and non-discrimination - affirms that Indigenous Peoples are equal to all others while also recognizing the right to be different and to maintain distinct institutions, laws, and cultures. Equality under UNDRIP is substantive, not merely formal—it requires addressing systemic barriers, colonial policies, and unequal power relations that continue to produce inequitable outcomes.
  • Cultural continuity and revitalization - recognizes the right of Indigenous Peoples to maintain, protect, and revitalize their cultures, including languages, knowledge systems, ceremonies, and ways of life.  In the Canadian context, this includes responding to historic and ongoing cultural suppression and supporting Indigenous-led cultural renewal as a matter of rights, not accommodation.
  • Land, territory, and resource rights - Land is foundational to Indigenous identity, governance, culture, and well-being. UNDRIP affirms Indigenous rights to lands, territories, and resources traditionally owned, occupied, or used, including rights to stewardship and decision-making. In Canada, this principle challenges land-use regimes that separate development from Indigenous jurisdiction and requires early, rights-based engagement in land and resource decisions.
  • Redress and remedy - acknowledges that historical and ongoing violations of Indigenous rights require meaningful redress, including restitution, compensation, and other remedies. This principle recognizes that reconciliation is not possible without addressing past harms and that institutions have a responsibility to repair, not just prevent, rights infringements.
  • Good-faith relationships - UNDRIP is grounded in the expectation of good-faith relationships between states and Indigenous Peoples. In practice, this means honesty, transparency, consistency, and respect for Indigenous laws and processes. Good faith requires long-term relationship-building, shared accountability, and a willingness to change decisions—not merely to justify them.