Canada: Protection of the human rights of Indigenous peoples an urgent priority - at home and abroad
Note: This appeal is no longer active, and is available for information purposes only
Posted: 8 April 2005
Delegates from the UN Permanent Forum on Indigenous Issues.
JEAN-PHILIPPE KSIAZEK/AFP/Getty Images
This is a joint appeal with the Aboriginal Rights Programme of KAIROS: Canadian Ecumenical Justice Initiatives
A new report by a United Nations expert says governments in Canada must do more to close an unacceptable human rights gap between Indigenous and non-Indigenous people in Canada.
The report by Rodolfo Stavenhagen, the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people, was presented to the UN Commission on Human Rights on Monday, April 11, 2005.
In the report of his 2004 mission to Canada, the Special Rapporteur acknowledges that “the federal, provincial and territorial governments devote an impressive number of programmes and projects and considerable financial resources” to addressing social and economic concerns within Indigenous communities. However, the report also notes numerous instances where the failure of federal, provincial and territorial governments to fulfil their obligations to Indigenous peoples has contributed to impoverishment, ill-health and social strife.
According to the Special Rapporteur, the recommendations of the 1996 Canadian Royal Commission on Aboriginal Peoples (RCAP) “opened the way to the solution of long-standing problems” afflicting Indigenous peoples. However, the Special Rapporteur also notes that the federal government has failed to implement many of RCAP’s recommendations on issues such as lands and treaties that are vital to the survival and well-being of Indigenous peoples.
Around the world, Indigenous peoples face deep rooted discrimination in every aspect of life, including government policies and the administration of justice. The work of the Special Rapporteur is part of a growing body of UN mechanisms and international human rights standards intended to ensure that Indigenous peoples will no longer be denied the opportunity and the means to fulfil their fundamental human rights.
Canada has a reputation for promoting human rights internationally. Now the federal government has an opportunity – and a responsibility -- to demonstrate real leadership in the international community by taking prompt action to implement the recommendations of the Special Rapporteur as well as outstanding recommendations on Indigenous rights that have been made to Canada through other UN human rights mechanisms
TAKE ACTION:
Please write to Prime Minister Paul Martin.
Note with appreciation Canada’s support for the work of the Special Rapporteur on the situation of the human rights and fundamental freedoms of Indigenous Peoples.
Ask the Prime Minister for his commitment that the federal government will the address the concerns raised in the Special Rapporteur’s report on Canada which was presented to the UN Commission on Human Rights on April 11, 2005.
In particular, urge the government to:
- Work closely with Indigenous peoples to ensure that the legislative and policy framework for dealing with Indigenous issues in Canada is consistent with and dedicated to the fulfillment Indigenous peoples' rights under national and international law.
- Give urgent priority to ensuring that adequate housing is available in all Indigenous communities and that Indigenous peoples have secure access to the land and resource base necessary for the economic viability and cultural integrity of their communities.
- Ensure the timely and fair resolution of outstanding land and treaty disputes so as to ensure the full protection of international human rights, including making a public commitment that Indigenous peoples will not be asked to agree to the extinguishment or "release" or "non-assertion" of inherent rights as a condition of entering into a treaty relationship.
- Ensure a comprehensive plan of action to address violence against Indigenous women and girls, including women and girls living in urban centers. Sustained, adequate support to Indigenous women’s organizations must be provided.
- Further strengthen Canada’s role in the process leading to the adoption of the Draft Declaration on the Rights of Indigenous Peoples, particularly in respect to building international consensus around strong and effective protection for the land and resource rights of Indigenous Peoples.
- Consult with Indigenous peoples concerning the ratification of ILO Convention 169 (the Indigenous and Tribal peoples)
WRITE TO:
The Right Honourable Paul Martin
Prime Minister of Canada
80 Wellington Street
Ottawa, Ontario
K1A 0A2 Canada
Fax: (613) 941-6900
Email: Martin.P@parl.gc.ca
Send a copy to your own Member of Parliament.
Background: Denied the prosperity of the land
The Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people visited Canada from May to June, 2004.. In his report on this visit, the Rapporteur says that he is “encouraged by Canada’s commitment to ensuring that the country’s prosperity is shared by Aboriginal people.” However, Special Rapporteur also describes seeing first hand the effects of the continued impoverishment and lack of opportunities confronting large numbers of Indigenous people. The Special Rapporteur concludes that failure to adequately recognize and protect the land rights of Indigenous peoples “is probably the main obstacle to real economic development among First Nations, Métis and Inuit.”
“As a result of land loss and severe limitations set by the various levels of government on the free use and continuing benefit of their natural resources, Aboriginal people have become increasingly dependent on distributive measures undertaken for their benefit by the federal or provincial governments. This in turn accounts for the large disparities in levels of living indicators between Aboriginal people and other Canadians.”
As the Special Rapporteur notes, the importance of land to the welfare of Indigenous peoples was clearly recognized by the 1996 Canadian Royal Commission on Aboriginal Peoples (RCAP):
“Recognizing that Canada owes Aboriginal peoples lands and resources for both contemporary and historical reasons, RCAP called for enough land and resources to give them something adequate to call “home” - not just adequate physical and socio-economic space but a place of cultural and spiritual meaning as well to allow for traditional pursuits such as hunting and trapping, resources for economic self-reliance, and to contribute significantly to the financing of self-government. Despite some progress made, the Special Rapporteur recognizes that these objectives have not yet been met…
Despite official promises to the contrary, and except in northern Quebec and the Northwest Territories, the amount of land allocated for use by Aboriginal people is extremely small. Aboriginal lands south of the 60th parallel (mainly Indian reserves) make up less than one-half of one per cent of the Canadian land mass. Métis land claims have not been dealt with in any significant way, except partially in Alberta, leaving the Métis without a land and resource base and with no way of settling their grievances at the national level. Some Aboriginal nations have not received any land allocations and there have been few mechanisms to allow for the extension of the land and resource base of First Nations as their populations and needs grow. In other cases, the lands concerned are being denuded of natural resources before Aboriginal claims are recognized and can be addressed.”
The Special Rapporteur also notes the extremely slow pace of resolution of land disputes and the adversarial relationship that exists between Indigenous peoples and Canadian government over the negotiation of land claims. The Rapporteur also notes with concern that Indigenous peoples have often been required to agree to the extinquishment or release of their inherent rights as a condition for entering into a treaty relationship with the federal government.
“Government authorities have assured the Special Rapporteur that the new treaties do not imply the extinguishment of rights, but a number of Aboriginal representatives who met with him consider that the modern treaties approach does in fact continue to lead to the “release” or extinguishment of rights. In 1999, in its concluding observations on the fourth periodic report of Canada (CCPR/C/79/Add.105) the Human Rights Committee recommended that the practice of extinguishing inherent Aboriginal rights be abandoned as incompatible with article 1 of the International Covenant on Civil and Political Rights, a recommendation that the Special Rapporteur fully supports.”
In his conclusion, the Special Rapporteur recommends:
“That from a human rights perspective, it should be clearly established in the text and spirit of any agreement between an Aboriginal people and a government in Canada, and supported by relevant legislation, that no matter what is negotiated, the inherent and constitutional rights of Aboriginal peoples are inalienable and cannot be relinquished, ceded or released, and that Aboriginal peoples should not be requested to agree to such measures in whatever form or wording.”