UNDRIP, Section 25, and International Law

UNDRIP, Section 25, and International Law

Category: Tsm’syen Law Page status: Working

Purpose

This page describes how international instruments, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and Section 25 of the Canadian Charter of Rights and Freedoms, are understood within Tsm’syen law. It records how such instruments may be referenced in support of Tsm’syen rights without redefining or subordinating Tsm’syen law.

This page does not place external law above ayaawx.

General principles

• Tsm’syen law exists independently of external recognition.
• External instruments may affirm, but do not create, Indigenous law.
• Reference does not imply surrender of authority.
• International law is supportive, not interpretive.
• Ayaawx remains the primary legal authority.

UNDRIP

International affirmation

• UNDRIP affirms the existence of Indigenous peoples, laws, and rights.
• UNDRIP recognizes the right to self-determination and self-governance.
• UNDRIP does not replace Indigenous legal orders.
• UNDRIP does not define the content of Tsm’syen law.
• Reference to UNDRIP supports, but does not constrain, Tsm’syen authority.

SECTION 25

Protective provision

• Section 25 of the Canadian Charter affirms that Charter rights do not abrogate or derogate from Indigenous rights.
• Section 25 operates as a shield, not a source, of rights.
• Section 25 does not define Indigenous law.
• Reliance on Section 25 does not imply acceptance of Charter supremacy.
• Tsm’syen law is not subject to Charter reinterpretation.

INTERNATIONAL LAW

Context and limits

• International law may recognize Indigenous rights and legal orders.
• Recognition does not transfer authority to international bodies.
• International norms do not reinterpret Indigenous law.
• Use of international law is strategic and contextual.
• External forums do not determine internal meaning.

RELATIONSHIP

Use and reference

• External instruments may be cited to affirm standing and legitimacy.
• Citation does not confer interpretive authority.
• Tsm’syen law remains internally interpreted and applied.
• Relationship to external law is conditional and deliberate.

PROTECTION

Safeguarding authority

• External law may not be used to narrow or redefine Tsm’syen rights.
• Silence does not equal consent to reinterpretation.
• Refusal to accept external reinterpretation is lawful.
• Protection of internal law preserves sovereignty.

CONTINUITY

Enduring authority

• Tsm’syen law predates modern international instruments.
• Continuity of law does not depend on recognition.
• External affirmation does not replace transmission through adaawx.
• Law endures through practice and protection.

LIMITS

Boundaries

• UNDRIP is not a substitute for ayaawx.
• Section 25 does not grant interpretive control to Canadian courts.
• International law does not override internal governance.
• External support does not imply external supremacy.

To be developed

• Specific articles of UNDRIP relevant to Tsm’syen law
• Recorded uses of Section 25 as protection
• Interaction with international forums
• Source citations

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