Actions and Commitments

Call to Action # 43 : United Nations Declaration on the Rights of Indigenous People (43-44)

Introduction of Bill 41 ”The Declaration on the Rights of Indigenous Peoples Act”

October 24, 2019

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Premier John Horgan’s government introduced Bill 41 – ”The Declaration on the Rights of Indigenous Peoples Act” to have the laws of BC reflect the United Nations Declaration of the Rights of Indigenous Peoples. The declaration’s 46 articles are aimed at making sure Indigenous peoples can survive with dignity and are treated fairly and with equity after colonization. (Toronto Star)

Over time as laws are modified or built, they will be aligned with the UN Declaration. Additional elements of the bill include:

  • a requirement to develop an action plan to meet the objectives of the UN Declaration, in collaboration with Indigenous peoples;
  • annual public reporting to monitor progress;
  • discretion for new decision-making agreements between the Province and Indigenous governments where decisions directly affect Indigenous peoples and mechanisms exist in applicable legislation – with clear processes, administrative fairness and transparency; and
  • recognition for additional forms of Indigenous governments in agreement-making, such as multiple Nations working together as a collective, or hereditary governments – as determined and recognized by the citizens of the Nation.

Businesses and investors will benefit as it creates certainty and predictability for projects in this province, British Columbians will benefit from job creation, and First Nations will benefit by having a seat at the table. We are finally moving forward together.” AFN BC Regional Chief Terry Teegee.

The BC Government’s Fact Sheet on UNDRIP unequivocally states: It is anticipated that Indigenous nations participating in an environmental assessment process will choose to make a decision on whether the project should receive a certificate either through an expression of consent or withholding of consent. Ministers must take these decisions into consideration, but retain final decision-making. They must provide reasons if their decision does not align with the decision of participating Indigenous nations. This affirms the government proposition that : This is our land and not yours”