11 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Connie Strayer and Robyn Grebliunas
Learning Objectives
By the time you complete this chapter, you should be able to:
- Describe how UNDRIP provides a framework for global Indigenous rights.
- Explain the content of key UNDRIP articles.
- Discuss Canada’s history of UNDRIP implementation and steps that may be needed to fully honour the rights outlined in UNDRIP.
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Learner Note
It is important to note that Canada voted against the declaration at the United Nations when it was first introduced in 2007, but in May 2016, Canada officially adopted UNDRIP. This is important in the understanding of Canada’s colonial past treatment of the First Peoples of Turtle Island (North America),[1] particularly related to land rights.
UNDRIP is an important step in moving Canada’s relationship with Indigenous peoples forward
UNDRIP serves as a crucial framework for reconciliation, healing, and coexistence, promoting cooperative relations based on principles such as justice, democracy, respect for human rights, and non-discrimination. It sets forth minimum standards for the survival, dignity, and well-being of Indigenous communities globally.
For further reading
UNDRIP consists of 46 articles recognizing the basic human rights of Indigenous Peoples along with their rights to self-determination.
The declaration includes articles affirming the right of Indigenous Peoples to create their own education systems, receive restitution for stolen lands, and participate in all decision-making that affects their interests.
For further exploration
Source and recommended reading: What does ‘implementing UNDRIP’ actually mean? (CBC News).
This article, written in 2019, described British Columbia’s adoption of Bill 41, which mandated government departments to create action plans and report on progress towards fulfilling UNDRIP commitments. The bill also addressed the need for “free, prior, and informed consent” by creating structures for government departments to consult with Indigenous governments when making decisions.
UNDRIP means the Canadian government will work in consultation and cooperation with Indigenous Peoples to:
- Take all measures necessary to ensure the laws of Canada are consistent with UNDRIP.
- Prepare and implement an action plan to achieve the objectives of UNDRIP.
- Develop annual reports on progress and submit them to Parliament.
For further knowledge development
Read this short article which outlines the development of the UN Declaration on the Rights of Indigenous Peoples (First Nations and Indigenous Studies – UBC).
This reading highlights the fact that four nations: Canada, the United States, Australia, and New Zealand did not sign the UNDRIP declaration when it was first adopted by the UN. This reading outlines the process that shifted the stance of these four nations towards UNDRIP adoption.
UNDRIP has been described as an instrument of reconciliation to build a political order based on mutual respect and understanding.
How does UNDRIP impact Indigenous Peoples of Turtle Island (commonly known as North America) today?
Let us discuss a few of the UNDRIP articles to answer that question.
Article 1
“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 and international human rights law.”
—Cited from UN Declaration on the Rights of Indigenous Peoples (ubc.ca)
Article 1 means 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 and international human rights law. UNDRIP provides a framework for reconciliation, healing, and peace.
Article 3
Article 3 of UNDRIP recognizes Indigenous Peoples’ right to self-determination, which includes the right “to freely determine their political status and freely pursue their economic, social and cultural development.”
—Cited from UNDRIP FAQ (nctr.ca)
Article 3 affirms the right of Indigenous Peoples to make their own decisions about their own lives and futures. This right to self-determination is a critical thread throughout the entire Declaration.
Article 4
Article 4 affirms Indigenous Peoples’ right “to autonomy or self-government in matters relating to their internal and local affairs.”
—Cited from UNDRIP FAQ – NCTR
Article 4 affirms the right to self-government on local affairs. In the Canadian context, this includes self-government on reserve lands.
Article 5
Article 5 protects their right “to maintain and strengthen their distinct political, legal, economic, social and cultural institutions.”
—Cited from UNDRIP FAQ – NCTR
Article 5 allows Indigenous Peoples 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 Canada.
Article 11
“Indigenous peoples have the right to practice 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.”
—Cited from UNDRIP FAQ – NCTR
Article 11 will be referenced in this course related to curation, creation, and research with Indigenous Peoples. Notice that we said “with” not “on” Indigenous Peoples.
Article 26
Article 26 states that “Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired,” and it directs states to give legal recognition to these territories.
—Cited from UNDRIP FAQ – NCTR
Article 31
“Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.”
—Cited from UNDRIP FAQ – NCTR
Along with Article 11, Article 31 relates to curation, creation, and research with Indigenous Peoples. It is hugely important when it comes to the lack of copyright protection offered by the current Canadian copyright laws.
DRIPA in British Columbia
As we discussed earlier in the chapter, in 2019, BC adopted Bill 41, now known as DRIPA. Significantly, all MLAs, from all parties, voted in favour of this legislation. DRIPA does not create new laws, but provides a framework for bringing BC’s obligations to Indigenous nations, particularly related to Indigenous land rights, into alignment with international human rights standards.
Jodi Spargur, a settler of Nordic/German heritage who works as a consultant and trainer on Indigenous justice, writes to settlers to dispel current myths related to DRIPA, particularly in the context of provincial politics in British Columbia. In 2026, BC Premier David Eby stated that he would put forward legislation to repeal DRIPA, stating that it poses legal and economic risk to the province. Spargur (2026) responds to these political claims by highlighting BC’s history as a province with limited treaty.
It is important to remember a couple of things here about the situation in British Columbia. There have been very few treaties made here. Indigenous People were not allowed to go to court around land rights until 1973. The rulings of the courts over the last two decades in B.C. have almost all recognized that Aboriginal title was never extinguished. That means that Indigenous people neither ceded any rights through treaty making, nor were they conquered through war, so the courts have long recognized a level of sovereignty that has not been extinguished, but neither have those rights been respected in policy until the implementation of DRIPA. Again, DRIPA should bring policies and procedures into alignment with the legal recognition that already exists (Spargur, 2026).
Next, Spargur discusses the ways that the current government frames DRIPA as a threat, along with additional facts that should be considered when evaluating these claims.
| Claim about DRIPA | Response |
|---|---|
| DRIPA should be repealed because it creates an economic threat to the province. For example, the requirement to consult Indigenous nations might create delays and barriers to resource development projects. | Historically, and through to the present, projects have been implemented without a meaningful Indigenous consultation process. Without due process, Indigenous nations are forced to use legal challenge, protest, and blockades to seek out consultation. Spargur argues that this process creates much more uncertainty and destabilization than DRIPA’s more structured process for meaningful consultation. |
| DRIPA creates legal confusion or instability. “Free, prior, and informed consent” gives Indigenous nations “veto power” over development. | The principle of “free, prior, and informed consent” is not a one-sided veto, but rather a relational process that grounds decision-making in dialogue. Other Canadian court decisions have affirmed the duty to consult Indigenous nations; DRIPA does not add to this, but rather provides a framework for the legally required consultation to occur. |
| DRIPA is an “ideological overreach” put in place to further political agendas and can be repealed if it hinders government priorities. | The rights that DRIPA engages with are not optional. They are grounded in rights already protected by the Canadian Constitution and courts, as well as international law. |
Source and recommended reading: What’s Up with DRIPA in BC?
Further reading: UNDRIP Themes
Source and recommended reading: UNDRIP FAQ – NCTR
This article highlights the four main themes that underlie many UNDRIP articles: racism and discrimination, protection from forced assimilation and destruction of culture, self-determination and self-government.
UNDRIP themes
Image Alt-Text: An infographic identifying four themes of UNDRIP: 1. Free, prior, and informed consent. 2. Freedom from discrimination. 3. Recognition as distinct peoples. 4. Self-determination and self-government.
Connecting the TRC and UNDRIP: What Does This Mean?
As outlined by UNDRIP and TRC, Indigenous Peoples have the right to self-determination in all aspects of their lives, which includes the establishment of research ethics protocols as the community sees fit.
That means nothing about us, without us.
This slogan serves as a powerful reminder that policies and actions affecting Indigenous communities must be co-developed with their active ongoing participation and consent.
Learner note
The above saying is a centuries-old political slogan asserting that no policy should be created without the full and direct participation of those it affects.
It refers to “free, prior, and informed consent” as found throughout UNDRIP. The Declaration emphasizes the importance of recognizing and upholding the rights of Indigenous Peoples and ensuring that Indigenous Peoples effectively and meaningfully participate in decisions that affect them, their communities, and their territories. Likewise, any knowledge gathering done with Indigenous Peoples must be done with their full “free, prior, and informed consent.” Simply put, nothing about us, without us.
Source and recommended reading: Nothing About Us Without Us (aam-us.org) [PDF] and Beyond Conservation: Working Respectfully with Indigenous People and Their Knowledge Systems – IPCA Knowledge Basket
Active ongoing participation and consent means:
- Consent
- Consultation and collaboration
- Localization
- Giving decision-making power
True consent must be informed, which means that people must be provided the necessary information and given time to consider the requests. Sensitive content, such as secret and sacred material, requires special communication procedures that should be ascertained first. Engagement may take time and the decision makers have the freedom to say no. There may be one or more groups that have custodianship of traditional belongings. Communication with and consent from each identified group should be sought if consensus is required.
Learner note
Geographical location does not ensure similarities in protocols, language, and ways of being. Indigenous Protocols vary from community to community, and even if the communities are geographically close, there may be significant differences in cultural practices and language. It is important to do the necessary research and gain a base level of understanding about the communities you are approaching.
Meaningfully consulting and collaborating with Indigenous Peoples in the development of digital programs and policies is important. Indigenous communities want to be engaged early and often regarding the sharing of their Indigenous Traditional Knowledges throughout the full process of working together.
Consultation at the hyper-local level will ensure that there is no misinformation being expressed on widely accessible online platforms and that all information published is suitable and approved by the community.
For further reading
It is critical to engage Indigenous participants at the local level if we are to decolonize the digital. This is the only way to ensure these spaces are used acceptably.
Source and recommended reading: Decolonizing the Digital: How to Bring Indigeneity to Online Spaces | Intercontinental Cry
Giving decision-making power means respectful engagement, shared decision-making, and the recognition of Indigenous agency in shaping their own futures. It means self-determination. The sharing of power is vital.
Canada’s commitment to Indigenous self-determination involves legal recognition, reconciliation efforts, awareness-building, addressing inequities, and collaborative partnerships through shared decision-making. This also includes honouring Indigenous Traditional Knowledges.
Reflection Point
Select one of the linked supplemental readings presented in this chapter and review it more thoroughly. How does this reading extend your understanding of UNDRIP?
Attribution Statement
- “United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)” has been adapted from Indigenous Digital Literacies Copyright © 2024 by Connie Strayer and Robyn Grebliunas is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.
- “UNDRIP Themes” diagram by Connie Strayer and Robyn Grebliunas is licensed under a CC BY 4.0 license.
- The traditional story of Turtle Island will vary among Indigenous communities. For most, there is agreement that the turtle is the symbol of life and earth. Many, but not all, Indigenous communities historically know Turtle Island as what is commonly known as North America today. Source and recommended reading: Turtle Island (The Canadian Encyclopedia) ↵
Chapter References
Government of British Columbia. (2021). United Nations Declaration on the Rights of Indigenous Peoples and In Plain Sight: Addressing Indigenous-specific racism and discrimination in B.C. health care. https://afn.ca/wp-content/uploads/2021/02/UNDRIP-and-IPS-FINAL.pdf
Hanson, E. (2009). UN Declaration on the Rights of Indigenous Peoples. First Nations Studies Program, University of British Columbia. https://indigenousfoundations.arts.ubc.ca/un_declaration_on_the_rights_of_indigenous_peoples/
IPCA Knowledge Basket. (n.d.). Beyond conservation: Working respectfully with Indigenous people and their knowledge systems. https://ipcaknowledgebasket.ca/resources/working-respectfully-with-indigenous-people-and-their-knowledge-systems
Last, J. (2019, November 2). What does ‘implementing UNDRIP’ actually mean? CBC News. https://www.cbc.ca/news/canada/north/implementing-undrip-bc-nwt-1.5344825
Levinsky-Raskin, S., & Stevens, G. (n.d.). “Nothing about us without us”: Reflections on inclusive practices at cultural institutions. American Alliance of Museums. http://ww2.aam-us.org/docs/default-source/resource-library/nothing-about-us-without-us.pdf
National Centre for Truth and Reconciliation. (n.d.). UNDRIP FAQ. https://nctr.ca/education/united-nations-declaration-on-the-rights-of-indigenous-peoples/undrip-faq/
Robinson, A. (2018, November 6). Turtle Island. The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/turtle-island
Spargur, J. (2026, April 24). What’s up with DRIPA in BC: The back and forth drama of the threat to rescind. Repair Cafe. https://spargur.substack.com/p/whats-up-with-dripa-in-bc
Strayer, C., & Grebliunas, R. (2024). Indigenous digital literacies [Open textbook]. BCcampus Open Education. https://opentextbc.ca/indigenousdigitalliteracies/
Tuiskula, L. (2017, January 20). Decolonizing the digital: How to bring Indigeneity to online spaces. Intercontinental Cry. https://icmagazine.org/decolonizing-digital-bring-indigeneity-online-spaces/
United Nations General Assembly. (2007). United Nations Declaration on the Rights of Indigenous Peoples (Resolution A/RES/61/295). https://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
Attribution Statement
“United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)” has been adapted from Indigenous Digital Literacies by Connie Strayer and Robyn Grebliunas (2024), licensed under a Creative Commons Attribution 4.0 International License. The “DRIPA in British Columbia” section of the chapter was added by the author in 2026.
“UNDRIP Themes” diagram by Connie Strayer and Robyn Grebliunas is licensed under CC BY 4.0.
An international declaration consisting of 46 articles affirming the basic human rights of Indigenous Peoples, including rights to self-determination, self-government, cultural preservation, and land rights. Canada officially adopted UNDRIP in 2016.
The right of Indigenous Peoples to freely determine their political status and pursue their own economic, social, and cultural development, as affirmed in Article 3 of UNDRIP.
The principle, emphasized throughout UNDRIP, that Indigenous Peoples must be fully informed and must freely consent before policies, programs, or activities that affect them are undertaken.
The process of building respectful and equitable relationships between Indigenous and non-Indigenous peoples, grounded in acknowledgment of historical injustices and commitment to ongoing change.
The name used by many Indigenous communities for what is commonly known as North America today.
The right of Indigenous Peoples to autonomy over their internal and local affairs, as affirmed in Article 4 of UNDRIP.
A Canadian commission that documented the harms of residential schools and issued calls to action to advance reconciliation between Indigenous and non-Indigenous peoples.
A political principle stating that no policy or decision affecting a group should be made without the full and direct participation of that group. Used in the context of Indigenous rights and UNDRIP's emphasis on free, prior, and informed consent.
