UN Declaration on the Rights of Indigenous Peoples and the Magna Carta

The rule of universal law, informed consent and rights of the governed have their roots in the Magna Carta of 1215. The UN Declaration on Indigenous Peoples is a Magna Carta for all indigenous peoples. However, unlike the original Magna Carta this Declaration must go beyond fine principles and deal with concrete minimum rights and responsibilities. Like the original Magna Carta of 1215, this UN Declaration needs to be reworked and reframed to suit the rights of an evolving indigenous population. The Current UN Declaration has less teeth and substance than its original, the Magna Carta of 1215. It is a baby that must be nurtured by indigenous leaders through renewed and current treaties, agreements and MOUs with the descendants of a State.

The four English-speaking countries, whose whole legal system grew out of the agreement negotiated by King John of England and the English Lords, delayed, for almost 20 years, before reluctantly approving the UN Declaration on the Rights of Indigenous Peoples. This November 2010 UN Declaration impacts on the rights of almost 400 million aboriginal peoples who have or still seek formal agreements, treaties or are still brutally subject to the arbitrary dictates of a non-indigenous State.  

Like King John in 1215, Canada, USA, New Zealand and Australia want their 21^st Century aboriginal/indigenous peoples to continue to submit to the rights and prerogatives of their State or Ruler over the inherent rights of the indigenous populations that they rule. Like King John, the Executives of these States want to dominate and control as much as possible the right to self-governance and self-determination. King John reluctantly signed the Charter that gave the Nobles and peoples that had been conquered almost 200 hundred years earlier, individual rights and specific processes that outlined the rights and obligations on the part of the Ruler and the Ruled. The Magna Carta created an incentive for the Ruler and the Ruled to share power, rights in decision-making and consent by the governed. The Magna Carta and its successors provided for peoples interests to receive a voice and consideration. As with today’s States, King John and his heirs delayed in carrying out the full spirit and intent of those original power sharing agreements in various aspects of daily life. Some of what was signed in 1215 was not applied until it was revised and clarified in 1297 and subsequently when commoners earned the right to gather in Parliament. At any rate, the Magna Carta of 1215 gradually redressed the imbalances between the Ruler and the Ruled and set limits to the prerogatives of the Ruler until successive elected Parliaments and Constitutional arrangements brought about the current practices at all four counties- Canada, USA, New Zealand and Australia.

The descendants and subject peoples who benefited from the Magna Carta are reluctant to share with their own indigenous peoples the powers and rights they won from their Rulers. Even today in Canada, the State could arbitrarily relocate whole communities or deprive them of the same services and benefits of their non-aboriginal counterparts. As part of the official record, Canada's UN Ambassador wanted it noted that Canada was not ceding any rights to rule and dominate its own aboriginal populations. He wanted it noted that the UN Declaration on Indigenous Peoples would not change any current practices toward the First Nation, Métis, and Inuit peoples on how to deal with such outstanding issues as

·         Inherent or negotiated rights to lands, territories and access to resources;

·         free, prior and informed consent when used as a veto;

·         self-government without recognition of the importance of negotiations;

·         intellectual property;

·         military issues related to indigenous rights; and,

·         The need to achieve an appropriate balance between the rights and obligations of Indigenous peoples, member States and third parties.

While Canada's concerns regarding the text of the Declaration remain unchanged, Canada has finally endorsed the Declaration. As the federal government pointed out, “Although the declaration does not reflect customary international law nor change Canadian laws, in endorsing the Declaration, Canada reaffirms its commitment to build on a positive and productive relationship with First Nations, Inuit, and Métis peoples to improve the well-being of Aboriginal Canadians, based on our shared history, respect, and a desire to move forward together”.

As with the Nobles of Old England, Indigenous leaders need to get down to specifics and need to find ways to get the active participation of its indigenous peoples. All those indigenous leaders who went to Geneva and later New York to make their case for creation of this UN Declaration know that the real work and struggle for equal and shared rights needs to continue. This is a grand opportunity for the Federal Government to negotiate outstanding treaties, negotiate a more realistic sharing of resources above or below ground, sweet water and sea beds.

Canada exists today due to the past and current contributions of its indigenous peoples. Yet treaties or agreements are still delayed even to this day. The Dakota of Manitoba fought for the British Crown against American incursions in the War of 1812 and like the Blackfoot to the west of them remained loyal. Still these indigenous peoples have yet to be acknowledged for their allegiance, sacrifices in war or their contributions to the formation of Canada. Canada needs to do more than just sign the UN Declaration. It must get into the spirit and intent of the UN Declaration. It must stop offering apologies for its forced relocations of people, its seizure of children from parents, its efforts to scatter indigenous peoples by adoption or underfunding of aboriginal communities and institutions. Canada needs to renew its commitment to negotiate modern treaties and agreements that meet the international standards of informed consent, treaties of mutual benefits to all peoples, and demonstrate an economic sharing of lands and resources that account for the possibilities of multiple uses for the same piece of aboriginal lands.

We are well beyond fine words, well crafted apologies or more declarations. Concrete actions are desperately needed. We must work with indigenous peoples to have their voices and rights entrenched in practical everyday practices as was done to the subject peoples of English monarchs.

Let the dialogue between indigenous peoples and the State rulers begin. The UN Declaration on the Rights of Indigenous Peoples needs teeth and substance. The Age of Apologies and Declarations need to give way to concrete and negotiated mutual rights, mutual freedoms and mutual benefits. As will all peoples, Indigenous Peoples have as much inherent human rights to govern themselves and enter into agreements by consent as did the nobles and commoners involved with the original Magna Carta.