243 search results for
Indigenous rights and self-governance
Recommendation 10:
Harmonize relations, approaches, legislation, policies, and funding opportunities between Canada and British Columbia to support Indigenous Peoples in managing their cultural heritage to establish more cohesive, holistic, and integrated approach.
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Recommendation 14:
Formalize initiatives to inventory Indigenous cultural heritage facing imminent threats related to climate change (e.g., heritage at risk of damage or destruction due to flooding, erosion, fires, temperature change), and develop response plans. Conduct research about how Indigenous Peoples coped with significant environmental changes in the past, and how this might help Indigenous communities and their neighbours plan climate change responses today.
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Recommendation 3:
Establish jurisdiction and statutory decision-making authority over ICH by Indigenous peoples. This requires decentralizing power and developing or activating mechanisms for extending authority to Indigenous peoples. Shared decision-making processes and relations should be established in support of Indigenous peoples’ management of their own cultural heritage. B.C.’s current Bill C-41 / Declaration on the Rights of Indigenous Peoples Act (DRIPA) provides a mechanism for developing such legal mechanisms, processes and relationships. Provincial legislation needs to be amended to include UNDRIP, as is being planned for currently by British Columbia and the First Nations Leadership Council via an Action Plan. ICH management should be included as a priority item in B.C.’s DRIPA action plan.
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Recommendation 7:
Establish and enhance relational versus transactional connections between governments based on Indigenous rights recognition, Government-to-Government and/or Nation-to-Nation foundations of equality, and through development and implementation of shared decision-making processes addressing Indigenous Cultural Heritage. This requires displacing the current standards of engagement / consultation / accommodation, based on unilateral government decision-making and strength of claim assessments, and replacing them with new standards as set out above. It also requires significant education, training, and revised hiring practices to ensure government have the capacity to undertake these processes in an effective way.
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Recommendation 5:
Establish and enhance relational versus transactional connections between governments based on Indigenous rights recognition, government-to-government and/or nation-to nation foundations of equality, and through development and implementation of shared decision-making processes addressing ICH. This requires displacing the current standards of engagement/consultation/accommodation based on unilateral government decision making and strength of claim assessments, and replacing them with new standards as set out in point 3 above.
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Recommendation 19:
Establish a special program to support scholarships and internships for Indigenous students and early-career professionals to conduct and present research on Indigenous cultural heritage related to B.C.’s heritage sites, programs and collections.
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Recommendation 1:
Establish a preliminary legislative foundation as soon as possible that brings transparency, coherence and a measure of accountability to the process, as part of a broader long-term approach to legislative change.
Foundational legislation developed in full co-operation with Indigenous peoples will provide a transparent, coherent and binding path to implementation.
Bill C-262 is a logical starting place for this legislation, as it provides a confirmation of legal application in BC; a legislated requirement for an orderly, clear and transparent process of implementation; and a recognition of the need for oversight and accountability frameworks.
Establishment of legislation should be reflective of a new approach to litigation regarding Indigenous Rights: collaboration, not conflict.
Foundational legislation developed in full co-operation with Indigenous peoples will provide a transparent, coherent and binding path to implementation.
Bill C-262 is a logical starting place for this legislation, as it provides a confirmation of legal application in BC; a legislated requirement for an orderly, clear and transparent process of implementation; and a recognition of the need for oversight and accountability frameworks.
Establishment of legislation should be reflective of a new approach to litigation regarding Indigenous Rights: collaboration, not conflict.
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Recommendation 5:
Eliminate any influence on Provincial policies and legislation of colonial doctrines including the Doctrine of Discovery and terra nullius in relation to Indigenous cultural heritage and more generally. This includes removing the 1846 distinction date for recognition and protection of archaeological sites, properties, and objects under the Heritage Conservation Act.
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Recommendation 4:
Develop tools that entrench an understanding, respect and appreciation of the UN Declaration in society at large.
For implementation to be successful, the general public must be able to participate in discourse about the UN Declaration at the same level as other pieces of foundational legislation such as the Canadian Charter of Rights and Freedoms (Constitution Act, 1982).
To do so, human rights education needs to be implemented and tools need to be developed (including school-based curricula) to properly educate the Canadian public on the UN Declaration.
For implementation to be successful, the general public must be able to participate in discourse about the UN Declaration at the same level as other pieces of foundational legislation such as the Canadian Charter of Rights and Freedoms (Constitution Act, 1982).
To do so, human rights education needs to be implemented and tools need to be developed (including school-based curricula) to properly educate the Canadian public on the UN Declaration.
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Recommendation 4:
Develop a framework, action plan and timeline to fully implement the United Nations Declaration on the Rights of Indigenous Peoples and Bill C-41/Declaration on the Rights of Indigenous Peoples Act (DRIPA). UNDRIP recognizes the right of Indigenous Peoples to “maintain, control, protect and develop their cultural heritage.” The Province of B.C. has committed to implementing UNDRIP and DRIPA/Bill 41, and investment in this plan will align with that commitment by providing opportunities for Indigenous-led management of Indigenous cultural heritage. This framework and action plan must establish jurisdiction and statutory decision-making authority over Indigenous cultural heritage by Indigenous Peoples. For this to be successful, it will require decentralizing power and developing or activating mechanisms for extending authority within existing legislation to Indigenous Peoples. British Columbia’s current Bill C-41 / Declaration on the Rights of Indigenous Peoples Act (DRIPA) provides a mechanism for developing such legal mechanisms, processes, and relationships.
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