Joint statement to the Government of Canada for Indigenous Cultural Heritage Rights

Press Release

September 26, 2024

We, a coalition of national and provincial heritage organizations, write to you today regarding the urgent need to establish an Indigenous-led National Framework for Indigenous Cultural Heritage Rights to support the return of Indigenous ancestors and belongings through repatriation and to protect the rights of Indigenous peoples to their own cultural heritage.

Fulfilling Canada’s Commitments

On this National Day for Truth and Reconciliation, we reflect on Canada’s commitments enshrined in the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP) (2021). This landmark legislation affirms the Federal Government’s responsibility to align Canadian laws with the principles of the UN Declaration, including the fundamental right of Indigenous peoples to maintain, protect, and develop their cultural heritage.

In the spirit of Reconciliation, and in accordance with these commitments, we respectfully urge the Government of Canada to:

1. Initiate the development of a comprehensive, Indigenous-led National Framework for Indigenous Cultural Heritage Rights that encompasses repatriation/rematriation, restitution, reclamation, and redress.
2. As a first step, we reiterate the funding amounts requested in our pre-budget submissions as follows:
   1. Allocate $20 million over five (5) years for Indigenous-led consultations on a National Framework for Indigenous Cultural Heritage Rights; and,
   2. Provide $3 million over 2025-2027 for research on repatriation scope and costs.
3. Commit to substantial, long-term funding to support the full development and implementation of this framework beyond the initial research phase.

The Urgency of Action

On this National Day for Truth and Reconciliation, we are reminded of the cost of inaction. The recent Annual Report on the UNDRIP Action Plan highlights this urgency, revealing that Action Plan Measure 98, which commits to co-developing a comprehensive approach for the repatriation of Indigenous Ancestors and Cultural Belongings, has not yet been started. This lack of progress underscores the critical need for immediate action and dedicated resources. Other related measures, including SP94, SP96, and SP97 are only listed as in planning stages.

We acknowledge Canada’s commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples through the UN Declaration Act of 2021 and the subsequent Action Plan. However, the status of Measure 98 as ‘Not started/Pending’ and the status of other heritage measures is deeply concerning.

While some may focus on the potential costs of repatriation, we must emphasize that this is not about putting a price on reconciliation. As stated in the UN Declaration Act, these are legal obligations that Canada must uphold.

Key Components of the Framework

Based on extensive consultation with Indigenous experts and communities, we propose that the National Framework for Indigenous Cultural Heritage Rights must address:

• Indigenous Control: Recognize the inherent rights of Indigenous peoples to control and make decisions about their cultural heritage.
• Cultural Diversity: Respect the unique customs, laws and nation-based scholarship of First Nations, Inuit and Métis peoples in all aspects of cultural heritage management.
• Institutional Accountability: Ensure transparency and hold institutions accountable in returning Indigenous Ancestors and Cultural Belongings.
• Historical Justice: Acknowledge that many Indigenous Ancestors and Cultural Belongings were taken under unfair circumstances and use this as a basis for their return.
• Ongoing Harms: Address the ongoing removal of cultural heritage, including belongings, from Indigenous lands without the consent of Indigenous people.
• Holistic Protection: Protect Indigenous peoples’ rights to all aspects of their culture, including objects, traditional knowledge, and cultural practices.
• Information Sovereignty: Ensure Indigenous communities have control over information and data related to their cultural heritage.
• Community Wellbeing: Provide emotional and spiritual support to communities throughout the process of reclaiming their cultural heritage.
• Comprehensive Support: Implement funding that supports communities before, during, and after the return of Indigenous Ancestors and Cultural Belongings.

This framework must address the full spectrum of Indigenous cultural heritage rights. It extends beyond the return of physical objects to encompass community infrastructure development, capacity building for heritage management, recognition of Nation-based scholarship, and the reframing of repatriation as an opportunity for cultural and economic revitalization. By taking this comprehensive approach, we can ensure that repatriation efforts contribute to the broader goals of cultural resurgence and community empowerment.

CALL TO ACTION

We urge the Government of Canada to take immediate, decisive action towards establishing this National Framework for Indigenous Cultural Heritage Rights. As a critical first step, we call on the Government of Canada to release the funds we have requested in our pre-budget submissions to both the Department of Finance and the House of Commons Standing Committee on Finance for initial research on repatriation scope and costs. This funding is essential to begin the groundwork for the broader framework:

To reiterate, our vision extends far beyond this initial investment. We also call on the Government to:

• Initiate the co-development process for the comprehensive National Framework.
• Commit to substantial, long-term funding for its full development and implementation.
• Establish an Indigenous-led task force to guide this process.
• Set a clear timeline for the framework’s completion and implementation.

These actions are crucial for moving from acknowledgement to meaningful progress on Canada’s UNDRIP obligations. The funding amounts requested in our pre-budget submissions represent a starting point, not the end goal. It can be a tangible demonstration of the government’s commitment to this vital work.

This framework represents more than the return of cultural items; it embodies the recognition of Indigenous sovereignty, the support for cultural resurgence, and the creation of new economic opportunities within Indigenous communities. The establishment of this framework is an essential step towards fulfilling Canada’s commitments under UNDRIP and the TRC Calls to Action.

We stand ready to support this important work and look forward to your positive response to this urgent matter.

Respectfully,
Janis Kahentóktha Monture, Executive Director & CEO, Canadian Museums Association
Kisha Supernant, President, Indigenous Heritage Circle
Josh Basseches, Director & CEO, Royal Ontario Museum
Rhonda Bathurst, Executive Director, Museum of Ontario Archaeology
Sylvie Binette, President, Yukon Historical & Museums Association
Cheryl Blackman, President, Ontario Museum Association
Kellie Blue, Executive Director, Association Heritage New Brunswick
Dorota Blumczyńska, Chief Executive Officer, The Manitoba Museum
Devin Casario, Executive Director, Association of Nova Scotia Museums
Stéphane Chagnon, Executive Director, Société des musées du Québec
Mathieu Dormaels, President, ICOMOS Canada
Anne Eschapasse, President & CEO, McCord-Stewart Museum
Jennifer Forsyth, Executive Director, Alberta Museums Association
Ryan Hunt, Executive Director, British Columbia Museums Association
Patricia Kell, Executive Director, National Trust for Canada
Emma Morris, Executive Director, Museums Association of Saskatchewan
Dr. Susan Rowley, Director, Museum of Anthropology at UBC
Johanne Vigneault, Executive Director, Community Museums Association of Prince Edward Island
Dr. Elka Weinstein, PhD, President, ICOM Canada

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For further information, please contact:

Danielle Tremblay
Director, Communications
Canadian Museums Association
communications@museums.ca

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