Jatinder Mann
University of the Fraser Valley
jatinder.mann@ufv.ca
https://orcid.org/0000-0002-7079-8324
Journal of Australian, Canadian, and Aotearoa New Zealand Studies 5 (September 2025): 51-104, https://doi.org/10.52230/RVQH2862
Abstract:
This article explores the extent to which Australia, Canada, and Aotearoa New Zealand have implemented the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with a particular focus on self-determination. The latter three countries along with the United States of America were the four countries that voted against the adoption of UNDRIP in the United Nations General Assembly in 2007. However, Australia, Canada, and Aotearoa New Zealand all subsequently endorsed UNDRIP. But when it comes to implementation there have been significant variations between the three countries. Canada has done the most by legislatively enshrining UNDRIP domestically and through this adopting an Action Plan which outlines how it will put UNDRIP into practice. Although the extent and depth of collaboration with Indigenous peoples on the latter has been a source of criticism by some. Aotearoa New Zealand commissioned a report into how it could implement UNDRIP domestically but shelved this after there was a fierce backlash from opposition parties who subsequently formed the current government and are threatening to even withdraw the country’s endorsement of UNDRIP. And Australia also commissioned an inquiry into domestic implementation of UNDRIP, which subsequently published a report with several recommendations. However, the Australian government has of yet not responded to any of those recommendations. This was partly because of the political capital spent by the current Labor government on the failed Voice referendum in October 2023. Furthermore, there has been some judicial activism, especially in Canada and Aotearoa New Zealand when it comes to UNDRIP implementation. Indigenous peoples in all three countries have also made use of international pressure to keep their respective governments on track when it comes to UNDRIP implementation.
Keywords:
UNDRIP; implementation; Australia; Canada; Aotearoa New Zealand
Australian, Canadian, and New Zealand Studies Network (ACNZSN) 