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| "Today is a very sad day for the United Nations and a very serious setback for the integrity of the newly formed Human Rights Council who urged the General Assembly to formally adopt this historic document. It now appears that the most likely outcome will be that the United Nations never formally adopts the Declaration." |
| –Grand Chief Ed John, Assembly of First Nations |
| It appears some people do not want Indigenous Peoples to enjoy the same rights as non-Indigenous Peoples. |
| –Rodolpho Stavenhagen, UN Special Rapporteur on the human rights of Indigenous people |
| “This is terribly disappointing for a country that has a strong record of endorsing human rights. If Canada isn't willing to play a good-faith role in such important issues, its ability to intervene in other areas will be affected. " |
| -- Victoria Tauli-Corpuz, chairperson for the UN permanent forum on indigenous issues |
We apologize for the length of this action; we’ve included
extra information since many Canadians don’t hear much about
this historic Declaration. Please read and use what you need! And
remember that you can still participate in this action after Christmas.
Read on…
Contents
- Introduction
- Why a Declaration on Indigenous Rights? Some background
- Why is Canada voting against the Declaration?
- How have KAIROS and the churches been involved?
- Act now! Send a Christmas card to the Prime Minister
- Points you can make and contact information
- Helpful web links for further reading
Introduction
Every year, KAIROS honours International Human Rights Day (December 10) by working with partners to choose a focus. This year, our focus is Indigenous and Aboriginal rights: We’re asking you to consider protesting Canada’s blocking of the UN Declaration on the Rights of Indigenous Peoples by writing a Christmas card to the Prime Minister before the House of Commons breaks for the holidays on December 15! For the second time in six months Canada has ignored the majority of parliamentarians, Aboriginal peoples and human rights advocates, and voted against an international human rights instrument designed to promote and protect Indigenous peoples’ rights.
On November 28, at a meeting of the UN General Assembly’s third committee on social, humanitarian and cultural matters, Canada voted for a resolution to delay adoption by the United Nations of the Declaration on the Rights of Indigenous Peoples (the Declaration). The third committee must approve the Declaration before it can go before the UN General Assembly. This means the General Assembly will not vote on the Declaration this year. It’s feared this postponement will give Canada more time to build opposition to the Declaration.
Canada (and Russia) previously voted against the Declaration in June, at the newly-formed United Nations Human Rights Council.
Top
of pageWhy a Declaration on Indigenous Rights? Some background
In every region of the world, the survival or well-being of Indigenous peoples is threatened by grave and persistent violations of their fundamental human rights.
Indigenous Peoples are among the most marginalized and dispossessed sectors of society, and endure constant prejudice and discrimination. Unfortunately, the same is true for Aboriginal, Inuit and Métis people across Canada. From the Lubicon Nation in Alberta to the Kashechewan Cree Nation in Ontario, Aboriginal people endure higher levels of poverty, worse living conditions, and far less control over their lives and lands than do non-Aboriginal Canadians.
Non-Aboriginal people in this country must be ready to support Aboriginal calls for basic human rights. More than twenty years in the making, the Declaration is the strong international human rights instrument that Indigenous peoples need to address the widespread human rights violations affecting them globally. It would not be legally binding on States, but would help to establish minimum standards for the treatment of indigenous peoples.
The UN Declaration on the Rights of Indigenous Peoples does not
create any new human rights, but instead provides general guidelines
for governments and state institutions around the world to counter
racism and discrimination against Indigenous peoples and to promote
their “dignity, survival and well-being.” The Declaration
explains how the Universal Declaration of Human Rights applies to
the unique situations of Indigenous Peoples around the world, particularly
their rights as peoples to self-determination. This is especially
important for Indigenous peoples who are, for the most part, nations
without a country.
As Wilton Littlechild, a Cree lawyer from Alberta and international
indigenous rights expert explains, Indigenous peoples fear States
want to further compromise indigenous rights: “We have problems
with the current text as well and would like to see it strengthened,
but that is not the intention of certain governments. We are deeply
concerned that they will weaken the areas of self-determination,
treaties, lands, territories and natural resources, and free and
informed consent. These are key areas for us.”
Why is Canada voting against the Declaration?
The Declaration was endorsed by the previous Liberal administration,
but Harper’s government has called for more negotiation, saying
that parts of it are “unclear.” Canada is also lobbying
other States. It wants discussions to continue for at least another
year. Indigenous peoples are concerned that more talks will allow
opponents of the Declaration to further dilute the rights it enshrines.
A summary of Canada’s official concerns can be found at
http://www.dfait-maeci.gc.ca/canada_un/geneva/HRC_June29_06-en.asp
All members of the Parliamentary Standing Committee on Aboriginal Affairs support Canada’s adoption of the Declaration, save the Conservative members. An independent poll commissioned by Amnesty International (Canada) showed that the majority of Canadians support the Declaration and feel Canada needs to take a leadership role in this area of human rights.
Ironically, Canada originally played an important leadership role in the UN working group that finalized the text. Amnesty notes that, “By working in collaboration with Indigenous peoples Canada was able to advance a number of key provisions that addressed state concerns and built support for its adoption. However, since the election of the Conservative government, Canadian officials lobbied to have the Declaration re-opened for further negotiation and to encourage other states to oppose its adoption.
Indian Affairs Minister Jim Prentice has stated publicly that the Declaration conflicts with the Canadian Charter of Rights and Freedoms but has never substantiated this extraordinary claim. The Minister has also said that the Declaration could lead to criticism of past and current Canadian laws and policies.
In fact, expert bodies of the United Nations have repeatedly criticized Canada’s treatment of Indigenous peoples as incompatible with existing obligations under international human rights treaties.”
Ultimately, the government’s concerns boil down to a refusal to admit that Indigenous peoples have inherent rights, including rights to their traditional lands.
How have KAIROS and the churches been involved?
In June, KAIROS celebrated with Indigenous peoples and their supporters when the UN Human Rights Council voted 30 – 2 in favour of its adoption. Canada led the opposition to the Declaration, despite a resolution passed by the Parliamentary Standing Committee on Aboriginal Affairs calling on the government to support the Declaration at the UN.
At a press conference on Parliament Hill on November 9, KAIROS joined five National Aboriginal organizations, all three opposition parties, and other NGOs in calling on the federal government to support the Declaration’s adoption. Earlier in the month, the Standing Committee on Aboriginal Affairs adopted a second resolution calling on the government to support the immediate endorsement of the Declaration. The seven Liberal, Bloc Québécois and NDP committee members voted for the resolution, while the three Conservative members voted against it.
This unprecedented display of solidarity by Aboriginal peoples and their supporters has failed to influence Prime Minister Stephen Harper’s Conservative minority government, which consistently refuses to consult Indigenous peoples on this crucial human rights issue.
Act Now! Send a Christmas card to the PM
So, as Christmas approaches, let Prime Minister Harper know how you feel about these actions at the United Nations. Ask him to reflect on these decisions in the spirit of the season. Tell the Prime Minister and the Standing Committee on Aboriginal Affairs that Christmas is a time of profound hope and that in this spirit you want Canada to live up to its human rights obligations. This is not a gift—it’s restoration and protection of a right shared by all the world’s Indigenous peoples.
- Write a Christmas card to Prime Minister Harper and some members
of the Standing Committee on Aboriginal Affairs (and to your own
Member of Parliament if you wish.) Get cards for your friends,
office, school or parish. Keep it brief. You can type something
out and copy it, but it’s best to include a least a paragraph
in your own handwriting. Please request a reply and include your
return address.
Please email ebianchi and let Ed Bianchi know if you participate in this action. Feel free to print this out, forward it, or otherwise distribute freely.
Points you can make
- Urge the Prime Minister to support the two resolutions of the
Standing Committee on Aboriginal Affairs that call on Canada to
endorse the Declaration as it is today.
- Note that Indigenous peoples face enormous discrimination, land
theft, and loss of culture. Canadians have always championed human
rights. Why is our government denying Indigenous peoples’
human rights by opposing the Declaration?
- The Declaration is the result of over twenty years of work and
consultation, and is supported not only by a majority of states,
but by a majority of Canadians. In fact, Canada originally helped
create the text we have today! What has changed since then?
- Remind Prime Minister Harper that it is not too late to change
course: Canada’s international reputation on Aboriginal
issues can still be improved.
- If you can, briefly mention why you support the Declaration and/ or why Aboriginal rights are important to you.
Contact info (note that mail to the House of Commons is free)
Prime Minister Harper:
313-S Centre Block, House of Commons, Ottawa, Ontario. K1A 0A6
613.992.4211 / fax 613.941.6900 Harper.S@parl.gc.ca
Standing Committee on Aboriginal Affairs and Northern Development selected contacts:
CHAIR: Colin Mayes, Conservative – Okanagan-Shuswap, British
Columbia
Ottawa: 613.995.9095 / fx 613.992.3195, Mayes.C@parl.gc.ca
501 Justice Bldg., House of Commons, Ottawa, ON K1A 0A6
VICE-CHAIRS
Jean Crowder, NDP Aboriginal Affairs critic – Nanaimo-Cowichan,
BC
Ottawa: 613.943.2180 / fx 613.993.5577, CrowdJ@parl.gc.ca
405 West Block, House of Commons, Ottawa, ON K1A 0A6
Nancy Karetak-Lindell, Liberal – Nunavut
Ottawa: 613.992.2848 / fx 613.996.9764, Karetak-Lindell.N@parl.gc.ca
910 Justice Bldg., House of Commons, Ottawa, ON K1A 0A6
MEMBER: Marc Lemay, Bloc Aboriginal Affairs critic – Abitibi-Temiscamingue
Ottawa: 613.996.3250 / fx 613.992.3672, Lemay.M@parl.gc.ca
324 Éd. de la Confédération, Chambres des communes,
Ottawa, ON K1A 0A6
This link will help you find your Member of Parliament by using
your postal code:
http://www.parl.gc.ca/common/index.asp?Language=E
Helpful web links
The full text of the Declaration can be found in PDF format at http://www.gcc.ca/pdf/INT000000021.pdf
Commentaries on the Declaration can be found at http://www.kairoscanada.org/e/aboriginal/ipr/index.asp
and at the Amnesty International (Canada) site:
http://www.amnesty.ca/campaigns/no_exceptions/resources/declaration_brief.pdf
(Acrobat Reader needed)
The Grand Council of the Crees lists ten good reasons to support
the Declaration:
http://www.gcc.ca/newsarticle.php?id=85
The Assembly of First Nations summarises here its disappointment
with the government’s decision to block adoption of the Declaration:
http://www.afn.ca/article.asp?id=3189
Almost exactly ten years ago, the Royal Commission on Aboriginal
Peoples presented its groundbreaking report. The report reflected
five years of consultation across Canada and resulted in a comprehensive,
far-ranging and careful set of recommendations that (if put into
place!) would have by now made a significant difference to Aboriginal
peoples’ well being and to their basic rights. You can read
summaries from the Report at
http://www.ainc-inac.gc.ca/ch/rcap/sg/sgmm_e.html
A recent CBC report card on Aboriginal peoples ten years after
the 1996 Royal Commission:
http://www.cbc.ca/news/background/aboriginals/status-report2006.html
The CBC report also includes a link to the Assembly of First Nations’
own report ten years after RCAP:
http://www.cbc.ca/news/background/aboriginals/pdf/afn_rcap.pdf
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