THE IMPORTANCE OF THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES & THE TRUTH & RECONCILIATION COMMISSION TO MUSEUMS By Laura Phillips, Ph.D. Candidate in Cultural Studies, Queen’s University Reviewed by Dr. Evelyn Siegfried, Curator of Aboriginal Studies at the Royal Saskatchewan Museum and Audrey 1. Introduction Dreaver, Aboriginal Museum and Art Consultant “For too long, Indigenous voices have not been heard, but that seems to be changing in the aftermath of the TRC. It is really important that we, as a society, listen to what indigenous people are saying...” Ry Moran, Director of the National Research Centre for the Truth & Reconciliation Commission, University of Manitoba 1. The United Nations Declaration on the Rights of Indigenous Peoples [UNDRIP] was adopted by the General Assembly of the United Nations in 2007. Canada adopted UNDRIP in May 2016. The implementation of this declaration within federal and provincial legislation is in progress so museums need to be aware of and sure to follow the points laid out in UNDRIP. The Truth and Reconciliation Commission formed in 2009 as part of the Indian Residential Schools Settlement Agreement. This agreement is between the federal government and Indigenous populations who had been subjected to enforced residential schooling in the 19th and 20th centuries. Through the recording of witness statements from parties affected by residential schools, the TRC created a historical record of this cultural atrocity and concluded their inquiries in 2015. The report issued at the conclusion of the commission in 2015 included specific calls to action for museums to take to promote reconciliation in Canada. 2. Legislation and Official Guidance related to Museum Exhibits 2.1 United Nations Declaration on the Rights of Indigenous Peoples [UNDRIP] This international declaration was adopted by the United Nations in 2007, to establish …”a universal framework of minimum standards for the survival, dignity, well-being and rights of the world’s indigenous peoples”.2 1 Moran, Ry. (2016). John Talks With… Muse Magazine January / February. Retrieved 1 June 2017 from http://museums.in1touch.org/site/Muse_Online_ janfeb_john 2 United Nations Human Rights Office of the High Commissioner. (no date). Declaration on the rights of Indigenous People. Retrieved 1 June 2017 from http://www.ohchr.org/EN/Issues/IPeoples/Pages/Declaration.aspx THE IMPORTANCE OF UNDRIP & TRC TO MUSEUMS The articles of primary relevance to museums include: Article 11.1: “Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.” Article 11.2: “States [nation states / countries] shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.” Article 12.1: “Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.” Article 12.2: “States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.” Article 13.1: “Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.” Article 13.2: “States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.” Article 15.1: “Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.” Article 15.2: “States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.” Page 2 THE IMPORTANCE OF UNDRIP & TRC TO MUSEUMS 2.2 Truth & Reconciliation Commission [TRC] The recommendations from the Truth & Reconciliation Commission should be the starting point for any exhibit content involving Indigenous people in Canada. As stated in the TRC executive summary, museums “…have interpreted the past in ways that have excluded or marginalized Aboriginal peoples’ cultural perspectives and historical experience….as history that had formerly been silenced was revealed, it became evident that Canada’s museums had told only part of the story.3” The report included ‘calls to action’ to promote healing and reconciliation through the acknowledgement of the multi-generational trauma and other impacts of residential schools, and the need for this to be made public knowledge throughout Canada. It is important to note that not all Indigenous people in Canada support reconciliation. A number of the ‘Calls to Action’ can inform exhibition themes and content in order to promote reconciliation: Call to Action 67: “We call upon the federal government to provide funding to the Canadian Museums Association to undertake, in collaboration with Aboriginal peoples, a national review of museum policies and best practices to determine the level of compliance with the United Nations Declaration on the Rights of Indigenous Peoples and to make recommendations.” Call to Action 68: “We call upon the federal government, in collaboration with Aboriginal peoples, and the Canadian Museums Association to mark the 150th anniversary of Canadian Confederation in 2017 by establish- ing a dedicated national funding program for commemoration projects on the theme of reconcilia- tion.” Call to Action 70: “We call upon the federal government to provide funding to the Canadian Association of Archivists to undertake, in collaboration with Aboriginal peoples, a national review of archival policies and best practices to: i. Determine the level of compliance with the United Nations Declaration on the Rights of Indige- nous Peoples and the United Nations Joinet-Orentlicher Principles, as related to Aboriginal peoples’ inalienable right to know the truth about what happened and why, with regard to human rights viola- tions committed against them in the residential schools. ii. Produce a report with recommendations for full implementation of these international mechanisms as a reconciliation framework for Canadian archives.” 3 Truth and Reconciliation Commission of Canada. (2015). Honouring the Truth, Reconciling for the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada, p. 297. Retrieved 1 June 2017 from http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Exec_Summary_2015_05_31_web_o.pdfhttp://www.trc.ca/websites/trcinstitution/File/2015/ Findings/Exec_Summary_2015_05_31_web_o.pdf THE IMPORTANCE OF UNDRIP & TRC TO MUSEUMS Page 3 The Truth and Reconciliation Commission recommendations includes two specific references for newcomers: Call to Action 93: “We call upon the federal government, in collaboration with the national Aboriginal organizations, to revise the information kit for newcomers to Canada and its citizenship test to reflect a more inclusive history of the diverse Aboriginal peoples of Canada, including information about the Treaties and history of residential schools.” Call to Action 94: ‘We call upon the Government of Canada to replace the Oath of Citizenship with the following: I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada including Treaties with Indigenous Peoples, and fulfill my duties as a Canadian citizen.” 3. Definitions Visitors look to museums as authorities for information, especially in regard to contemporary issues: • The choice of words used in museum interpretative text is extremely important because these words will inform acceptable perceptions. • Some visitors may be surprised to learn that terms like ‘Aboriginal’ are falling out of use so it is important to explain why. • Definitions can be confusing but luckily there is a wealth of resources to assist. Be sure to be critical when you find information online, and try to find recent statements made by Indigenous people of Canada on how they would like to be referenced and remember that popular opinions change over time. • When in doubt, use the name that people use to refer to themselves in their own language and how they self identify. Above: Quilled mocassins. Photo courtesy of the RSM