GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Whereas respect for human rights, the rule of law and democracy are underlying principles of the Constitution of Canada which are interrelated, interdependent and mutually reinforcing and are also recognized in international law;
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
And whereas measures to implement the Declaration in Canada must take into account the diversity of Indigenous peoples and, in particular, the diversity of the identities, cultures, languages, customs, practices, rights and legal traditions of First Nations, Inuit and the Métis and of their institutions and governance structures, their relationships to the land and Indigenous knowledge;
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1
Short title 1 This Act may be cited as the United Nations Declaration on the Rights of Indigenous Peoples Act .
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2
Definitions 2 (1) The following definitions apply in this Act. Declaration means the United Nations Declaration on the Rights of Indigenous Peoples that was adopted by the General Assembly of the United Nations as General Assembly Resolution 61/295 on September 13, 2007 and that is set out in the schedule. ( Déclaration ) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones ) Minister , for the purposes of any provision of this Act, means the federal minister designated as the Minister for the purposes of that provision under section 3 . ( ministre ) (2) [Repealed, 2024, c. 30, s. 35] Clarification (3) Nothing in this Act is to be construed as delaying the application of the Declaration in Canadian law. 2021, c. 14, s. 2 2024, c. 30, s. 35
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Declaration means the United Nations Declaration on the Rights of Indigenous Peoples that was adopted by the General Assembly of the United Nations as General Assembly Resolution 61/295 on September 13, 2007 and that is set out in the schedule. ( Déclaration )
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones )
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Minister , for the purposes of any provision of this Act, means the federal minister designated as the Minister for the purposes of that provision under section 3 . ( ministre )
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 3
Order designating Minister 3 The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of any provision of this Act.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 4
Purposes 4 The purposes of this Act are to (a) affirm the Declaration as a universal international human rights instrument with application in Canadian law; and (b) provide a framework for the Government of Canada’s implementation of the Declaration.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 5
Consistency 5 The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 6
Action plan 6 (1) The Minister must, in consultation and cooperation with Indigenous peoples and with other federal ministers, prepare and implement an action plan to achieve the objectives of the Declaration. Content (2) The action plan must include (a) measures to (i) address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indigenous peoples and Indigenous elders, youth, children, women, men, persons with disabilities and gender-diverse persons and two-spirit persons, and (ii) promote mutual respect and understanding as well as good relations, including through human rights education; and (b) measures related to monitoring, oversight, recourse or remedy or other accountability measures with respect to the implementation of the Declaration. Other elements (3) The action plan must also include measures related to monitoring the implementation of the plan and reviewing and amending the plan. Time limit (4) The preparation of the action plan must be completed as soon as practicable, but no later than two years after the day on which this section comes into force. Tabling in Parliament (5) The Minister must cause the action plan to be tabled in each House of Parliament as soon as practicable after it has been prepared. Action plan made public (6) After the action plan is tabled, the Minister must make it public.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 7
Annual report 7 (1) Within 90 days after the end of each fiscal year, the Minister must, in consultation and cooperation with Indigenous peoples, prepare a report for the previous fiscal year on the measures taken under section 5 and the preparation and implementation of the action plan referred to in section 6 . Tabling in Parliament (2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Referral to committee (3) The report stands permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to Indigenous peoples. Report made public (4) After the report is tabled, the Minister must make it public.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Resolution adopted by the General Assembly
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
[ without reference to a Main Committee (A/61/L.67 and Add.1) ]
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
61/295. United Nations Declaration on the Rights of Indigenous Peoples
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Taking note of the recommendation of the Human Rights Council contained in its resolution 1/2 of 29 June 2006, 1 by which the Council adopted the text of the United Nations Declaration on the Rights of Indigenous Peoples,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Recalling its resolution 61/178 of 20 December 2006, by which it decided to defer consideration of and action on the Declaration to allow time for further consultations thereon, and also decided to conclude its consideration before the end of the sixty-first session of the General Assembly,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Adopts the United Nations Declaration on the Rights of Indigenous Peoples as contained in the annex to the present resolution.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1
13 September 2007 1 See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. A.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2
Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights 2 and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, 3 affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, 2 See resolution 2200 A (XXI), annex. 3 A/CONF.157/24 (Part I), chap. III.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration,
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect:
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 4
Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights 4 and international human rights law. 4 Resolution 217 A (III).
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Every indigenous individual has the right to a nationality.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1.
1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2.
2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1.
1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2.
2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 (a)
(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 (b)
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 (c)
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 (d)
(d) Any form of forced assimilation or integration;
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 (e)
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1.
1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2.
2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1.
1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2.
2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1.
1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2.
2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1.
1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2.
2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 3.
3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1.
1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2.
2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 1.
1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
United Nations Declaration on the Rights of Indigenous Peoples Act — U-2.2 2.
2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.