British Columbia and Canada continuously comment on their commitments to reconciliation with Indigenous Peoples. The provincial and federal governments have committed to upholding and implementing the UN Declaration on the Rights of Indigenous Peoples. The government has also committed to implementing the Truth and Reconciliation Commission’s (TRC) Calls to Action and the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG). However, the climate context has yet to be at the forefront of efforts. Engagement with First Nations in BC is a starting point for meaningful collaboration and partnership between entities, but there must be more.
BC and Canada must honour their obligations and commitments to First Nations in climate planning and response. The Strategy calls on Crown governments at all levels to thoroughly review and implement the Strategy as a requirement for implementing relevant legislation, reports, and instruments.
The BC First Nations Climate Strategy and Action Plan are aligned with the UN Declaration and the Declaration Acts, the TRC’s Calls to Action, and the Final Report of the National Inquiry into MMIWG, including the Calls for Justice. In particular, the Strategy is guided by the UN Declaration, including articles 18, 25, 26, 28-29, 32, and 39.
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
- Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
- Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
- States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
- Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
- Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
- Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.
- States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
- States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.
- Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
- States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
- States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.