Challenges and barriers

Many of the challenges identified by both Indigenous partners and the Government of Canada speak to the inherent challenges related to using existing colonial structures to implement transformational work. The barriers are both symptomatic of and reflections of the gap between aspirational commitments and the realities of implementation.

The UN Declaration Act and the Action Plan intend to be transformational and whole-of-government, and as such demand a high level of effort, coordination, cooperation, and resources. Fundamentally, the challenges of implementation broadly fall under the themes of lack of coordination and lack of resources. Implementation of APMs coupled with systemic changes in the culture of how the government works with Indigenous partners, will ensure greater success with Indigenous communities.

Indigenous partner views

Indigenous partners shared additional views in relation to implementation of the UN Declaration including numerous broad and specific barriers.

Resources and funding

Indigenous partners consistently point to a lack of federal funding as one of the main barriers to effectively implementing the Action Plan. This relates to both core capacity funding needed to support general participation and specific funding for individual APMs. Many partners report that without adequate financial support, they cannot meaningfully engage in consultation or co-development processes. They struggle to involve community members, conduct outreach, and build the infrastructure required for full participation.

The limited availability of funding intensifies already existing capacity limitations within Indigenous organizations. Many operate with small teams, making it difficult to respond to multiple consultations. A few staff members often carry a heavy workload, which can contribute to fatigue and increase the risk of burning out over time. The situation is further complicated by the need for expertise to navigate complex government processes. To participate meaningfully in the implementation of the Action Plan, Indigenous partners need ongoing funding and support to grow their internal capacity and reduce the burden on individuals.

Indigenous partners also express concern that current funding models are often short-term, and project based. They argue that predictable multi-year funding is essential to building lasting capacity and delivering quality input on policy and legislative initiatives. This would include sustainable funding that is not tied to specific programming and instead would support the core functioning of organizations, including functions such as human resources, finance, and data management, among others. Without stable financial support, communities cannot sustain culturally grounded, trauma-informed programs or ensure equitable involvement in shaping government actions. As a result, the broader goals of implementing the UN Declaration may remain out of reach.

Government of Canada’s coordination challenges to implement the UN Declaration Act

Several Indigenous partners expressed concerns regarding the Government of Canada's commitment to implementing the UN Declaration Act, citing a lack of coordination across federal departments and a fragmented approach to implementing APMs. Combined perceptions of disorganisation, unclear timelines and an absence of public implementation plans contribute to what some have expressed as uncertainties about the government's ability to follow through on its commitments.

“The Government of Canada should find a way to make the departmental submissions public so Indigenous partners can better understand federal organization’s activities and perspectives on implementation. If all submissions were accessible, Indigenous partners would be able to see the recent movement on Action Plan measures and identify potential opportunities to engage federal departments.”
Ontario Federation of Indigenous Friendship Centres

Significant focus from Indigenous partners is on enhancing capacity within government agencies to implement the UN Declaration Act effectively. Several submissions highlight that clear mandates and increased funding, along with the establishment of dedicated implementation teams, are essential.

Improved coordination across multiple departments is also crucial. The submissions from Indigenous partners call for a centralized approach that reduces fragmentation and promotes greater consistency of activities and funding approaches at the federal level, including potentially through greater involvement from the Privy Council Office (PCO) in UN Declaration Act implementation.

The lack of coordination perceived by Indigenous partners could be improved through increased standardized training available to public servants on the UN Declaration and the UN Declaration Act. While Justice has developed training on the UN Declaration Act that is available to all public servants, more could be done to deliver broader and more regular offerings through the Canada School of Public Service. See update on SP14 and SP18 in Annex B.

Lack of transparency and follow-up

Many partners expressed concerns about the lack of follow-up mechanisms to monitor Action Plan implementation. They noted that information is often provided in a fragmented manner, making it challenging to track. Additionally, the length of Annual Reports and the fact that they are only published once a year adds to the difficulty of obtaining up-to-date information on progress. This lack of transparency creates confusion and a sense of exclusion from decision-making processes that affect their rights and territories. A robust follow-up mechanism is essential to ensure that Indigenous voices are heard and that their concerns are addressed in a timely manner. Some Indigenous partners have called for independent, third-party evaluations of progress rather than having to rely on the government reporting on itself.

“Reporting should not be merely issuing a written report; it should involve federal officials coming out to communities to report on the implementation process, what they have heard about the implementation process in previous years, and how Indigenous feedback has altered/improved the implementation process.”
Wolastoqey Nation in New Brunswick

Government perspective

Annual reporting is a critical tool for tracking progress and ensuring accountability in achieving objectives. The annual report serves as a comprehensive, transparent mechanism to communicate the outcomes of various APMs, shedding light on successes, challenges, and areas that require further attention. This report enables the government to assess the effectiveness of policies and programs, offering valuable insights that inform decision-making and strategic adjustments for better resource allocation.

However, the government recognizes that the annual report, while essential, should not be the only source of information on progress. Continuous improvement in reporting practices is necessary to maintain accuracy, relevance, and timeliness. This requires leveraging a broader array of reports, studies, and data sources to complement the annual report and provide a more nuanced understanding of progress, by incorporating insights from Indigenous partners, other government departments, provinces and international organizations.

In addition to the annual report, the government recognizes the importance of regularly evaluating progress to keep up with changing conditions. This focus on improving reporting and using various sources of information shows the government’s commitment to being transparent, accountable, and continuously improving its development efforts for sustainable growth.

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