An Assessment of Canada's UNDRIP Act and jurisprudence on the duty to consult in relation to the United Nations Declaration on the Rights of Indigenous Peoples
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Date
2024-03-14
Authors
Mangako, Kenneth
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Abstract
The United Nations Human Rights Council adopted the Declaration on the Rights of Indigenous Peoples in 2006 due to decades-long international efforts to create a comprehensive instrument safeguarding Indigenous rights. In protecting human rights, under international law, States are obliged to perform their obligations to respect, protect, and fulfil. This paper examined Canada's adherence to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and how it fares compared to other Countries that have also fully supported the Declaration. The primary aim of this research is to delineate Canada's present actions concerning its obligations and commitments to the UNDRIP. This paper utilized a descriptive design to analyze Canada's actions toward reconciliation and recognition of Indigenous rights. The paper employed a systemic analysis of related literature. In 2021, the UNDRIP Act came into force. A notable concern about this Act is its limited and negligible effect on the community. The UNDRIP Act may not have fulfilled its mandate, and its impact is inadequate to fulfill its purpose. The creation of a national legal framework capable of delivering a holistic implementation of the UNDRIP is necessary, and this prevents the piecemeal and band-aid solutions to the current woes of Canadian Indigenous peoples.
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UNDRIP Act, UNDRIP