Victoria urged to adopt new approach for First Nations
Lasting reconciliation in B.C. requires the provincial government to move beyond its current minimal “duty to consult” with Indigenous nations, according to a report being released Tuesday.
The province should adopt a new approach that would lead to “obtaining free, prior and informed consent” from First Nations in anything to do with their title and rights, the report states.
The report, released by the Union of B.C. Indian Chiefs and the Canadian Centre for Policy Alternatives, stresses the importance of implementing the 2007 United Nations Declaration on the Rights of Indigenous Peoples, a groundbreaking international agreement that establishes minimum standards for the survival of Indigenous people, such as individual and collective rights and the right to self-determination. The government of B.C. has said it is committed to adopting and implementing the declaration.
The report says that a “one-size-fits-all approach” won’t work when it comes to meeting the needs of the diverse Indigenous Peoples in B.C. Indigenous nations, it recommends, need resources to give meaning to self-determination.
“Implementation of the UN Declaration requires a focus on Indigenous self-determination, meaning that implementation will look different in different places,” the report says.
Chief Judy Wilson, the Union of B.C. Indian Chiefs’ secretary-treasurer, said shifting the paradigm on human rights is critical to moving forward on reconciliation.
She described the UN declaration as the “most comprehensive universal instrument that addresses the rights of Indigenous people in the world.
“Does everyone know about it? I would say no. It will take a lot of education and awareness to implement it,” Wilson said.
Wilson said she fully supports a province-wide campaign to educate and inform British Columbians about the importance of implementing the UN declaration.
Otherwise, she said, B.C. will get stuck in outdated and racist ideas such as the “doctrine of discovery,” which dates back to the 15th century and has been used as legal and moral justification for colonial displacement of self-governing, sovereign Indigenous nations. “We need to move down that path,” she said. “Addressing the long legacy of colonialism is hard, but it is important work that we all need to do.”
The report points out that supporting the Truth and Reconciliation Commission means supporting the full implementation of the UN declaration, which the commission’s final report outlines in its Calls to Action.
True, Lasting Reconciliation: Implementing the United Nations Declaration on the Rights of Indigenous Peoples in British Columbia Law, Policy and Practices calls for the provincial government to embed the UN declaration in B.C. law by passing legislation similar to federal Bill C-262, introduced by MP Romeo Saganash. The report recommends that B.C. legislation adopting the UN declaration should include an action plan and a systemic review of all provincial laws, regulations and policies for compliance with the UN declaration. It also recommends independent oversight and accountability.