Monitoring UNDRIP Implementation
Most witnesses favoured legislation as the mechanism to implement UNDRIP in the NWT. Committee heard that the Government of the Northwest Territories should pass a law to implement UNDRIP to adopt the declaration as the minimum standard for how the survival, dignity, and well-being of Indigenous peoples in the NWT will be upheld in Government of the Northwest Territories law and policy.
In other words, implementing UNDRIP in NWT law offers a solution that initiates the process of harmonizing and aligning Government of the Northwest Territories laws, policies, and practices with the declaration's minimum standards for recognizing and respecting Indigenous peoples' rights.
Choosing to implement a law obligates the Government of the Northwest Territories to work in consultation and cooperation with Indigenous governments and organizations when addressing legal and policy issues. The consequence would be that of the government is working under the same standards. Choosing a law to implement UNDRIP may create obligations for an action plan, independent monitoring and implementation of Free, Prior and Informed Consent.
- Action Plan: An action plan, committee notes, needs to be mandated so that the responsible Ministers collaborate with Indigenous governments in bringing existing laws and policies in compliance with UNDRIP. The NWT UNDRIP MOU in process under the Northwest Territories Council of Leaders UNDRIP working group could require the Government of the Northwest Territories to prepare a joint action plan in collaboration with Indigenous partners.
- Monitoring: An action plan can provide for accountability in the implementation through reporting against key indicators. The law must include a mechanism that will monitor how the law is being implemented so that we can work together to adjust if needed. For example, Ombuds are created to hold the respective government accountable and Auditor Generals exist in provinces for the same purpose.
In Canada, no independent bodies are tasked to monitor how governments implement and apply the declaration. It has been said that this absence may lead to interpretation gaps in UNDRIP implementation.
The Truth and Reconciliation Commission asked for an independent agency to hold the government accountable for its commitment to implementing the UNDRIP. (Truth and Reconciliation Commission, Calls to Action 43 and 44).
- FPIC: Operationalizing consent is the most important mechanism for implementing UNDRIP and realizing reconciliation. Any UNDRIP legislation and attached action plan should enable shared decision-making and delegation between the Government of the Northwest Territories and Indigenous governments in areas of shared responsibilities. Consent would be built into policy and legislation, as is the case with the NWT Mineral Resources Act and Protected Areas Act. The principle of consent must permeate and apply to all activities.
The Government of the Northwest Territories may choose to adopt the approach taken by Canada and BC and require its existing laws to be consistent with the principles and objectives of UNDRIP to strengthen the ongoing co-governance.
The goal is to enable innovative, consensus-based modes of collaborative governance, where Indigenous and public governments operate cooperatively and in a spirit of consensus to confront shared problems and address shared interests.
Committee recommends that the Government of the Northwest Territories develop its approach, including identified measures for progress and begin at the very start by including performance measurement principles in the UNDRIP work plan proposal of the NWT UNDRIP MOU for developing the UNDRIP law.
Recommendation 3: The Special Committee on Reconciliation and Indigenous Affairs recommends that the work plan proposals to be suggested by the Government of the Northwest Territories under the NWT Council of Leaders UNDRIP Memorandum of Understanding should include:
- Description of who or what entity will monitor progress.
- Identification of who or what entity will be accountable for progress.
- A dispute resolution mechanism other than the Government of the Northwest Territories for disputes between Indigenous governments over the implementation of UNDRIP, land access, land exclusivity and other inter-jurisdictional disputes.
- An established process or determined place to ensure the implementation of existing self-government agreements or land claim agreements is consistent with the principles and objectives of UNDRIP.
I will now turn it over to Yellowknife North.