"UN Declaration on the Rights of Indigenous Peoples": Canadian Government Positions Incompatible with Genuine Reconciliation

Abstract

step towards addressing the persistent human rights violations against Indigenous peoples worldwide. It is the most comprehensive universal international human rights instrument explicitly addressing the rights of Indigenous peoples. The Declaration provides a principled and normative legal framework for achieving reconciliation between Indigenous and non-Indigenous peoples around the world. In 2006, the newly-elected Conservative government of Canada opposed the Declaration at home and abroad, motivated by ideology rather than justice and international law. As a minority government, it has undemocratically ignored a Motion adopted by Parliament — calling for the Parliament and government of Canada to fully implement the standards in the Declaration. This article underlines the importance of adopting a human rights-based ap-proach. It highlights the significance of the Declaration in achieving reconciliation with Indigenous peoples in Canada. A central conclusion of this article is that the positions of the Canadian government are untenable and incompatible with consti-tutional and international obligations. Its adherence to unprincipled positions is undermining the international human rights system. * An earlier version of this article was originally prepared for the publication Aboriginal

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