How First Nations can use human rights laws to reassert education jurisdiction

Advancing education equality through policy change and law

Jennifer O’Brien – Special to the FNWSC

March 1, 2021 — First Nations can use the UN’s Declaration for the Rights of Indigenous Peoples (UNDRIP) to reassert education jurisdiction in their communities, a human rights law expert says.

During two training and planning sessions as part of a FNWSC webinar series, Dr. Anver Saloojee, a Ryerson University politics and public administration professor, spoke to members of the collective about how Indigenous communities in Canada have used human rights laws to affirm rights.

Fifteen community leaders attended the two-part series and discussed how these codes have been strengthened by Canada’s duty to meet specific obligations set out in the United Nations declaration.

Dr. Anver Saloojee sheds light on the global community of Indigenous nations at FNWSC’s February 25, 2021 Human Rights Policy Education Session #2

 

“UNDRIP is the most comprehensive international instrument on the rights of Indigenous Peoples,” said Saloojee, who examined several articles of the declaration that focus on education. “It is a universal framework that sets the minimum standards for the survival, dignity and well-being of Indigenous Peoples around the world and it relies on existing human rights standards.”

The second session presented the information in a way that was specific to educators and the advancement of education equality, laying the foundation to help inform First Nations with Schools Collective’s strategic planning methods as it works to advance education equality for First Nations through policy changes.

“In the Education world we talk about UNDRIP . . . but we’ve never taken the time to align it with the work we are doing in education. I really appreciated that.” said one participant.

“This is just a beginning,” said another participant. “It’s a new project and our first encounter with these ideas.”

NEXT STEP: As a follow up to these sessions, the FNWSC planned to develop a Discussion Paper that critically assesses Canadian and international legal strategies to challenge racist and discriminatory education policy practices and obtain education equality for First Nations.

During the break-out sessions, members discussed commonalities with other Indigenous Peoples around the world and how international law can advance Indigenous education self-determination.

Members also discussed whether outside human rights institutions that operate in a settler system in Ontario and Canada are beneficial to First Nations and whether there should be advocacy for an autonomous Indigenous Human Rights Commission.

As the second session wrapped up, Structural Readiness Co-ordinator Leslee White-Eye asked to consider how First Nations in Canada can use UNDRIP articles 12, 13, 14 and 15 to advance self-determination in Education?

For example, article 14 states: Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.

“The value of this convention resides with those who are going to hold the government of Canada accountable for its implementation,” said Saloojee. “The onus of responsibility is both on the government of Canada and Indigenous communities to hold that government accountable for what it has signed. The UN declaration is the minimum standard that we can work with.”

Since launching in 2016, the FNWSC has held a series of webinars. Previous online events have featured panelists from all over the world who have shared knowledge about how to raise awareness and impact change by sharing community stories, Indigenous evaluation methodologies, land-based learning and curriculum design that honours ways of knowing and education law development.


The goal of the collective is to share methodologies between First Nations working to reinstitute ancestral knowledge into the daily learning of community life.


Through team meetings, members share information and practices to help communities overcome challenges — including the current provincial framework and curriculum, K-8 schooling, students being transferred to district school boards — and frame First Nation curriculum in culturally appropriate ways that puts family well-being at the centre.