Can Reconciliation Be Compelled? Transnational Advocacy and the Indigenous–Canada Relationship

Abstract

Through an examination of transnational advocacy and the Indigenous–Canada relationship, this article advances a compliance model of reconciliation to suggest that reconciliation might be compelled through pressure upon states to comply with their human rights obligations. Drawing upon constructivism, conflict resolution theory, and social psychology, the article proposes that compliance and reconciliation converge as a result of behavioral adjustment and the internalization of values through enforced performance. The article uses four examples for illustration: (1) challenges at the UN Human Rights Committee against gender discrimination in the Indian Act, (2) Canada's belated endorsement in 2010 of the United Nations Declaration of the Rights of Indigenous Peoples, (3) insider–outsider pressure that Canada comply with its human rights obligations with respect to its missing and murdered indigenous women and girls, and (4) the Hul'qumi'num Treaty Group's land claim petition before the Inter‐American Commission for Human Rights. The article concludes that transnational advocacy in the Indigenous–Canada context has had slight to moderate effect in making reconciliation happen.