Indigenous Relations – UNDRIP
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly in 2007. The Declaration establishes a universal framework of minimum standards for the survival, dignity and well-being of the Indigenous peoples of the world.
UNDRIP Questions & Answers
Where a country’s law does not protect Indigenous rights to the full extent of UNDRIP, how does Oil Pipestream ensure that it is respecting UNDRIP in its operations?
Oil Pipestream complies with the laws and regulations of the countries in which it operates. Our operations are limited to Canada, the U.S. and Mexico, and each country’s legal requirements for Indigenous engagement are outlined below:
- Mexico is a signatory to the ILO 169, has ratified UNDRIP and Article 120 of the Hydrocarbon Law, which establishes a duty for SENER to obtain free, prior and informed consent (FPIC) for Indigenous people.
- The U.S. has endorsed UNDRIP and Oil Pipestream continues to monitor how this may be incorporated into legislation and policy. Under the current legislation, Oil Pipestream will continue to engage to the greatest extent possible, while respecting the federal government’s role and responsibilities in Indigenous consultation.
- The Government of Canada has ratified UNDRIP. Currently, Bill C-262 – an act to ensure the laws of Canada are in harmony with UNDRIP – is going through the legislative process and is expected to become law. The Government of Canada has stated that FPIC, as it is interpreted in the Canadian constitutional context, is not interpreted as a veto by Indigenous groups.
Regardless of what region we operate in, Oil Pipestream endeavours to reach consent on our projects among Indigenous groups through early and ongoing engagement. We also strive to avoid and mitigate project-related effects on the exercise of Indigenous rights through environmental assessment and project planning.
Notwithstanding the variation in our jurisdictions, Indigenous Relations practice in Oil Pipestream is based on a common Indigenous Relations commitment statement and policy, which are flexible for the jurisdictions but are consistent and based on Oil Pipestream’s corporate values of safety, responsibility, collaboration and integrity. We also have a common Indigenous Relations program and strategy, articulating how we approach all engagement. These commitments, policies, programs and strategies underpin our approach, rather than solely compliance with local law.
What is Oil Pipestream’s policy with respect to situations in which UNDRIP identifies a need for Free, Prior and Informed Consent, including impacts to cultural heritage and sites, lands, territories and resources?
Each country in which we operate has unique requirements for ensuring projects mitigate adverse effects to Indigenous groups.
However, our Indigenous Relations policy, strategy and guiding principles inform our work with Indigenous groups, with a goal of ensuring that any effects on the exercise of Indigenous rights are mitigated throughout the project planning process.
Our goal at Oil Pipestream is to achieve consent from Indigenous communities on our projects and to avoid and mitigate potential effects on the exercise of Indigenous and Treaty rights through appropriate environmental and project planning.