Declaration on the Rights of
Indigenous Peoples
The Origins
The United Nations General Assembly adopted the UN Declaration in 2007, the result of a nearly 25-year process between countries’ governments and representatives of Indigenous peoples worldwide. Canadian Indigenous leaders played an important role in crafting the Declaration.
When the UN Declaration was first introduced, though, Canada, the United States, Australia, and New Zealand voted against its adoption. Over time, all four countries’ governments changed their positions. Canada first gave UNDRIP conditional support in 2010 and later, in 2016, fully endorsed UNDRIP without conditions, and committed to its full and effective implementation. In 2021, the Parliament of Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act (the “federal UNDRIP Act”), creating a framework to advance the implementation of the UN Declaration at the federal level.
Why it matters
UNDRIP consists of 46 articles, which define the rights of Indigenous peoples recognized by the 147 national governments that have declared support for the Declaration. It is the most comprehensive international statement on the rights of Indigenous Peoples. It establishes a universal framework of minimum standards for the survival, dignity and well-being of the Indigenous Peoples of the world and addresses how existing international human rights standards and fundamental freedoms apply to Indigenous Peoples.
The UN Declaration includes civil, political, economic, social, and cultural rights. For example,
- Article 3 affirms that Indigenous peoples have the right to self-determination, meaning they can make their own decisions about their communities, governments, and futures;
- Article 8 protects Indigenous peoples from having their culture, identity, or land taken away from them and requires governments to prevent and address the forced assimilation and displacement of, and discrimination against, Indigenous Peoples;
- Article 28 declares that if Indigenous peoples’ lands, territories, or resources have been taken, used, or damaged without their free, prior, and informed consent (also known as “FPIC”), they have the right to fair compensation or the return of their land.
With its UNDRIP Act, Canada promises to make its laws consistent with the UN Declaration, develop and carry out an action plan to meet its goals, and publish annual reports on its progress.
The UN Declaration and the federal UNDRIP Act can support the efforts of Wolastoqiyik to protect and advance actions that Wolastoqey community members have already identified as important through community-developed documents such as in the Strategic Rights Plan. The federal UNDRIP Act and its implementation plan could help Wolastoqiyik to advance such priorities as the monitoring, protection, and collaborative management of fish and fish habitat, navigable waters, and National Parks and Marine Protected Areas, adequate access to federally-managed lands and waters, and resources for cultural, ceremonial, and educational activities, securing their livelihood, and the exercise of their rights, and the management of Wolastoqey heritage resources on federally-managed lands.
Justice Canada provided WNNB with funding to hear from Wolastoqey community members about how to put the UN Declaration into practice. We need to figure out which rights the Wolastoqiyik see as the highest priorities for federal action and clearly tell Canada why they are important. By doing this, we can work together to make real changes in the lives of Wolastoqey people and communities, like better housing, more control over child and family services, and the genuine involvement of Wolastoqey community members in decisions that affect our nation. In short, we want the UN Declaration to be more than just words on paper—it should actively support the betterment of our communities.
A summary by themes
UNDRIP contains 46 articles that affirm the inherent rights of Indigenous Peoples and set global standards for justice, dignity, and self-determination. To help you navigate the Declaration, we’ve grouped the articles into key themes that reflect the lived realities and priorities of Indigenous communities. Click on each section below to explore a summary of every article. You can find the full text of the Declaration in the Resources section.
Article 1: Indigenous peoples, as collectives and individuals, enjoy all rights recognized in international human rights law and by the United Nations.
Article 2: Indigenous peoples are free and equal to all others in society. They have the right to live freely without discrimination of any kind in exercising their rights.
Article 7.1: Indigenous people have the right to life, safety, freedom, and mental and physical integrity.
Article 7.2: Indigenous peoples have the right to live in freedom, peace, and security and should not face any act of genocide or violence, including the forceful removal of children from their communities.
Article 17.1: Indigenous workers have the right to benefit from all protections provided under international and domestic labour law.
Article 17.2: The Canadian government must work in partnership with Indigenous peoples to protect Indigenous children from work that is hazardous, harmful to health (physical, mental, spiritual, moral, or social development), or interferes with their education.
Article 17.3: Indigenous individuals have the right not to be discriminated against in the workplace.
Article 21.1: Indigenous people have the right to improve their economic and social conditions, including improvements in the areas of education, employment, training, housing, sanitation, health, and social security.
Article 21.2: The Canadian government must take steps to keep improving these conditions, paying special attention to Indigenous elders, women, youth, children, and people with disabilities.
Article 22.1: The Canadian government will pay special attention to the rights and needs of Indigenous elders, women, youth, children, and people with disabilities when putting UNDRIP into practice.
Article 22.2: The Canadian government must work with Indigenous peoples to make sure Indigenous women and children are fully protected from all violence and discrimination.
Article 44: All the rights in UNDRIP apply equally to Indigenous men and women.
Article 3: Indigenous people have the right to self-determination. This means that they are free to pursue their preferred forms of economic, cultural, & social development.
Article 4: As part of their right to self-determination, Indigenous peoples have the right to self-government and to have ways and means to pay for their self-governing efforts.
Article 5: Indigenous peoples have the right to maintain and build their own political, legal, economic, social, and cultural institutions. Still, they should always have the right to fully participate in Canadian political, economic, social and cultural life if they choose to do so.
Article 6: All Indigenous people have the right to be a citizen of Canada.
Article 9: Indigenous peoples and individuals have the right to belong to an Indigenous community or nation, according to the traditions of that community or nation. Nobody should face discrimination because of this choice.
Article 18: Indigenous peoples have the right to participate in decisions that affect their rights, through leaders or representatives they choose in their own ways. They also have the right to keep and develop their own decision-making institutions.
Article 19: The Canadian government must consult and cooperate, in good faith, with Indigenous peoples before they make laws or policies that could affect them, and get their free, prior, and informed consent.
Article 20.1: Indigenous peoples have the right to maintain and develop their political, economic, and social systems. They should also be able to make a living in their own ways and freely participate in their traditional and other economic activities.
Article 20.2: If Indigenous peoples are prevented from developing their economies, they are entitled to compensation.
Article 23: Indigenous peoples have the right to control their own development. They must be involved in all stages of social programs, housing, and economic initiatives that affect them. Where possible, their own organizations should administer programs to their people using their own laws and policies.
Article 33.1: Indigenous peoples can decide who is a member of their communities based on their own customs and traditions. This does not affect the right of Indigenous individuals to be citizens of Canada.
Article 33.2: Indigenous peoples have the right to choose the members of their institutions, in accordance with their own procedures and practices.
Article 34: Indigenous peoples have the right to promote, develop, and keep their own organizations and ways of doing things, such as their customs, spirituality, traditions, procedures, and legal systems, so long as they respect international human rights standards.
Article 35: Indigenous peoples have the right to decide what responsibilities individuals have to their communities.
Article 37.1: Indigenous peoples have the right for their treaties, agreements, and other arrangements with the Canadian government to be recognized, followed, and enforced. The Canadian government must respect these agreements.
Article 37.2: Nothing in UNDRIP takes away from or reduces the rights of Indigenous peoples contained in those treaties or agreements.
Article 39: Indigenous peoples have the right to receive financial and technical help from the Canadian government, in order to fulfil UNDRIP’s promises.
Article 40: If conflicts arise with the Canadian government or others, the Indigenous peoples involved have the right to receive quick and fair resolutions to these disputes and remedies for any infringements of their rights. Decisions should consider the Indigenous nation’s customs, traditions, rules, legal systems, and international human rights standards.
Article 10: Indigenous peoples cannot be forced to leave their lands. They can only be moved if they provided their free, prior and informed consent ahead of time, and they understand what’s happening. They must be paid fairly for their lands and, if possible, have the option to return.
Article 25: Indigenous peoples have the right to maintain and strengthen their spiritual relationship with the land and uphold it for future generations.
Article 26.1: Indigenous peoples have rights to their traditional territories.
Article 26.2: Indigenous peoples have the right to determine how they care for and use the lands that they own.
Article 26.3: The Canadian government should legally recognize and protect these lands in line with the customs, traditions, and land practices of the Indigenous people(s) involved.
Article 27: The Canadian government, in collaboration with Indigenous peoples, must create a process to recognize and decide on Indigenous people’s rights to their lands. The process must be fair, impartial, and transparent and must recognize nations’ customs, traditions, and land practices.
Article 28.1: If land has been taken from Indigenous people without their free, prior, and informed consent, or lands were damaged, the Indigenous people involved should have the right to a remedy. The remedy can include the return of lands, but fair compensation should be provided if not possible.
Article 28.2: The compensation should be in the form of lands and resources, or other compensation as agreed by the Indigenous people affected.
Article 29.1: Indigenous peoples have the right to protect and conserve the environment and the ability of their lands and resources to support life and be productive. The Canadian government must set up programs to help them do this, without discrimination.
Article 29.2: The Canadian government must ensure no hazardous materials are stored or disposed of on Indigenous peoples’ lands without their free, prior, and informed consent.
Article 29.3: The Canadian government must also assist with monitoring, maintaining, and restoring the health of Indigenous peoples affected by such materials.
Article 30.1: Military activities must not happen on Indigenous lands or territories unless it is truly necessary for public interest, or Indigenous peoples have agreed or asked for it.
Article 30.2: The Canadian government must consult with Indigenous peoples before using their lands for military activities.
Article 32.1: Indigenous peoples have the right to set their own priorities and strategies for using or developing their lands, territories, and other resources.
Article 32.2: The Canadian government must consult and cooperate, in good faith, with Indigenous peoples to get their free, prior, and informed consent before starting any project affecting their lands or territories and other resources (like mining or resource extraction).
Article 32.3: The Canadian government must set up mechanisms to provide fair remedies if these projects cause harm and must take steps to reduce or correct any negative environmental, economic, social, cultural, or spiritual effects.
Article 8.1: Indigenous peoples have the right not to face assimilation or the destruction of their cultures.
Article 8.2: The Canadian government should provide ways to prevent and provide remedies for:
A: Anything meant to destroy or take away their identities or cultures;
B: Taking away their lands, territories, or resources;
C: Moving them around by force in a way that harms or disrespects their rights;
D: Forcing them to assimilate.
E: Spreading ideas or information meant to cause racial or ethnic discrimination against them.
Article 11.1: Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes protecting and developing their traditions, ceremonies, stories, art, technologies, and important places or objects from the past and present.
Article 11.2: The Canadian government must help Indigenous peoples get back, or be compensated for, any cultural, intellectual, religious, and spiritual property taken without their free, prior and informed consent or contradictory to their laws or customs.
Article 12.1: Indigenous peoples have the right to show, practice, develop, and teach their spiritual and religious traditions, customs, and ceremonies. They also have the right to protect and visit their sacred spaces in private, to own and use their sacred objects, and to have any human remains returned.
Article 12.2: The Canadian government, in collaboration with Indigenous peoples, should create fair and open processes to provide access to and/or return ceremonial objects and human remains that they have in their possession.
Article 13.1: Indigenous peoples have the right to revitalize, develop, and pass down their knowledge, histories, languages, stories, and writing systems to future generations. They also have the right to keep their traditional names for communities, people, and places.
Article 13.2: The Canadian government must develop ways to make sure that the right in 13.1 is protected and also ensure necessary supports are in place so that Indigenous peoples can understand, and be understood, in political, legal, and administrative situations, including providing interpreters when needed.
Article 14.1: Indigenous peoples have the right to create and control their own schools and education systems, teach in their own languages and incorporate their cultural ways of teaching and learning.
Article 14.2: Indigenous individuals, especially children, have the right to all levels of public education without discrimination.
Article 14.3: The Canadian government, together with Indigenous peoples, must take steps to make sure Indigenous individuals (especially children living away from their communities) can get an education in their own culture and language, when possible.
Article 15.1: Indigenous peoples have the right to have their cultures, traditions, histories, and goals accurately, and appropriately, reflected in education and public information.
Article 15.1: The Canadian government must work with Indigenous peoples to fight prejudice, end discrimination, support mutual respect and help build better relationships between Indigenous peoples and non-Indigenous peoples.
Article 16.1: Indigenous peoples have the right to create their own media (newspapers, radio, TV, etc.) in their own languages and to have access to non-Indigenous media without discrimination.
Article 16.2: The Canadian government must make sure government-owned media shows Indigenous cultural diversity. They should also encourage privately owned media to do the same.
Article 24.1: Indigenous peoples have the right to their traditional medicines and health practices, including the conservation of the plants, animals, and minerals that they rely on. Indigenous peoples also have the right to access all social and health services without discrimination.
Article 24.2: Indigenous peoples have the right to the best possible physical and mental health, equal to everyone else.
Article 31.1: Indigenous peoples have the right to control, protect, and develop all aspects of their cultural heritage and expressions, traditional knowledge, and intellectual property.
Article 31.2: Working with Indigenous peoples, the Canadian government must take steps to recognize and protect these rights.
Article 36.1: Indigenous peoples, especially those divided by international borders, have the right to maintain and develop connections with their own members and with other peoples across those borders (for spiritual, cultural, political, economic, or social purposes).
Article 36.2: The Canadian government, in consultation and cooperation with Indigenous people, must support these connections.
Article 38: The Canadian government must work with Indigenous peoples to take the right steps (including making new laws if necessary) to carry out UNDRIP.
Article 41: The United Nations must contribute to making UNDRIP a reality, which may include providing technical and financial assistance. Indigenous peoples should be involved in addressing any issues affecting them.
Article 42: The United Nations, its agencies, and the Canadian government should encourage respect for UNDRIP and help make its ideas a reality. They must also monitor how effective UNDRIP is in practice.
Article 43: The rights in UNDRIP are the minimum standards for Indigenous peoples’ survival, dignity, and well-being.
Article 45: Nothing in UNDRIP takes away or reduces any rights that Indigenous peoples already have or might gain in the future.
Article 46.1: UNDRIP does not give anyone the right to engage in activities that go against the Charter of the United Nations, nor should UNDRIP be understood as authorizing or encouraging any action which would impair or harm the territorial integrity or political unity of Canada.
Article 46.2: When exercising the rights in UNDRIP, everyone’s basic human rights and freedoms must be respected. Any limits on these rights must follow the law and be in line with international human rights. Limits must be fair, not discriminatory, and only used when truly necessary, like to protect the rights and freedoms of others or to meet the most important needs of a democratic society.
Article 46.3: UNDRIP must be understood in a way that supports justice, democracy, respect for human rights, equality, good governance, and good faith.
Resources
We want to thank the Anishinabek Nation for generously sharing their Children’s Guide with Wolastoqiyik and allowing us to share it for you. While some of the words are Anishinabek, not Wolastoqey, the ideas in this guide are as relevant to Wolastoqiyik as they are for Anishinabek.
Taking Action on UNDRIP
UNDRIP is more than a document. It is a living framework rooted in our rights, identities, and future generations. We are creating opportunities for community members to learn, reflect, and share what this framework means through art and open conversation. Discover how you can take part and help strengthen our collective understanding of our rights.
