by Cassandra Blondin-Burt

Northern News Services

The Dene Nation voted to reject the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP), and now Kele Antoine, who is leading this call to action, is speaking out about what motivated him to make the recommendation.

At the Dene Nation Special Assembly, convened this past July at the AkaitchoSA国际影视传媒檚 Wiliideh Site (Yellowknife River), Dene Nation leaders voted to pass a historic motion renouncing the Canadian governmentSA国际影视传媒檚 support for UNDRIP. Antoine, chief of the Liidlii Kue First Nations in Fort Simpson, brought Dene Nation leadershipSA国际影视传媒檚 attention to article 46, wherein the 2007 declaration states that no activity from any Indigenous group may challenge or disrupt the SA国际影视传媒減olitical unitySA国际影视传媒� or SA国际影视传媒渢erritorial integritySA国际影视传媒� of any independent states.

SA国际影视传媒淲hat they added in article 46 is a big problem,SA国际影视传媒� said Antoine in an interview with News/North. SA国际影视传媒淔or us, it is a big problem because it clearly places the territorial integrity, and political unity of the state, as the only consideration. And for us, you know, weSA国际影视传媒檙e thinking, SA国际影视传媒榃hat about Dene territorial integrity and political unity? How come that isnSA国际影视传媒檛 even considered? We were not engaged properlySA国际影视传媒� and we did not give our free, prior and informed consent to that legislation.SA国际影视传媒�

Dene Nation leaders and their proxy discussed the motion for more than three hours at the July assembly.

SA国际影视传媒淚 remember all these stories about our Elders,SA国际影视传媒� Antoine said, SA国际影视传媒渉ow they would talk for days and days and days. And sometimes all through the night SA国际影视传媒� just trying to come to a solution that was good for everybody.

SA国际影视传媒淚 just didnSA国际影视传媒檛 want to table the motion and deal with it later because it was uncomfortable. Like I had said at the meeting: all great things are just on the other side of fear.SA国际影视传媒�

Dene National Assembly Resolution 21 stated that SA国际影视传媒渋t therefore be resolved that the Dene National Assembly rejects the Canada Act respecting the United Nations Declaration of the Rights of Indigenous Peoples in its entirety,SA国际影视传媒� and calls for Canada and the UN to engage in processes that respect Dene treaties and rights to free, prior and informed consent.

SA国际影视传媒淏y rejecting CanadaSA国际影视传媒檚 legislation, weSA国际影视传媒檙e not saying we donSA国际影视传媒檛 have rights,SA国际影视传媒� Antoine explained. SA国际影视传媒淲eSA国际影视传媒檙e rejecting CanadaSA国际影视传媒檚 presumption that it has the right to legislate our sovereign rights, and, especially, the presumption that our territory belongs to Canada.SA国际影视传媒�

A pair of Canadian scholars have also taken issue with article 46.

In a presentation at McGill University in Montreal in September 2017, the Indigenous Law Association and the Faculty of Law of McGill University held a discussion concerning CanadaSA国际影视传媒檚 implementation of UNDRIP. The event featured guest speakers Dr. Hayden King, an Anishinaabe scholar from the Beausoleil First Nation of GchiSA国际影视传媒檓nissing, Huronia, and Dr. John Burrows, research chair in Indigenous law at the University of Victoria Law School in British Columbia.

Burrows directly addressed article 46, stating, SA国际影视传媒淯NDRIPSA国际影视传媒檚 strong language concerning the assertion and protection of Indigenous rights was significantly diluted with article 46. Article 46 allows states subject to UNDRIP to place certain limitations on the SA国际影视传媒榯he exercise of the rights set forth in this declaration.SA国际影视传媒� The addition of article 46 allows states to disregard their obligations to their Indigenous populations on the basis of territorial integrity and defence of sovereignty.

As quoted in The McGill Daily, King added, SA国际影视传媒�(Article 46) is effectively a backdoor out of the declaration of the rights of Indigenous peoples SA国际影视传媒� the declaration allows states to evacuate the previous 45 articles if they so choose. From 2010 to present, weSA国际影视传媒檝e had minister after minister of Indian Affairs, when asked for comment on the declaration, say that it is aspirational. (They say) weSA国际影视传媒檒l work toward implementing (it), but in a Canadian version, through the Canadian constitutional framework.SA国际影视传媒�