UN Declaration on the Rights of Indigenous Peoples: Canada must set positive example
Last updated: 16 June 2009
Beverly Jacobs of the Native Women's Association of Canada at a New York rally in support of the UN Declaration on the Rights of Indigenous Peoples
© AI
"The 13th of September 2007 will be remembered as a day when the United Nations and its Member States, together with Indigenous peoples, reconciled with past painful histories and decided to march into the future on the path of human rights." -- Victoria Tauli-Corpuz, Chair of the UN Permanent Forum on Indigenous Issues
The UN Declaration on the Rights of Indigenous Peoples makes a unique and much needed contribution to global understanding and promotion of human rights through its emphasis on measures that are indispensable to the survival and well-being of some of the world's most marginalized and frequently victimized peoples. Rights affirmed by the Declaration include the right of self-determination, land rights, rights to cultural identity, and protection against genocide and discrimination.
The Declaration was adopted by the UN General Assembly on September 13, 2007 by an overwhelming majority vote of 144 to 4.
The adoption of the Declaration was opposed only by Canada, the United States, Australia and New Zealand. Australia has since reversed its position and publicly endorsed the Declaration. New Zealand has publicly committed to review its position. Canada and the United States, however, are claiming that the Declaration should not even apply to them. This is the first time that Canada has sought to be exempted from a human rights standard adopted by the General Assembly -- or suggested that any country should be free to pick and chose which UN resolutions they uphold.
Please take action.
Please express your support for the Declaration on the Rights of Indigenous Peoples by calling on the government of Canada to accept its responsibility to uphold and promote this vital human rights instrument. Send letters and postcards to:
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Your Member of Parliament
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Minister of Foreign Affairs and International Trade, Stockwell Day
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Minister of Indian Affairs and Northern Development, Chuck Strahl
In your letters or postcards, please make the following points:
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Note that human rights declarations adopted by the United Nations General Assembly are intended to prpvide guidance and inspiration to all countries without exception.
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Point out that more than 100 Canadian lawyers and other experts have gone on record that the Declaration is consistent with and complementary to the Canadian Constitution and Charter of Rights and Freedoms.
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Welcome the fact that on April 8, 2008, the Canadian Parliament voted to endorse the Declaration and called for its implementation
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Express your hope that the government will respect the democratic will of Parliament and the United Nations and work with Indigenous peoples to ensure the full implementation of the Declaration.
Mail to Members of Parliament can be sent postage free to the following address:
House of Commons
Parliament Buildings
Ottawa, Ontario
K1A 0A9
Consider sending similar letters to your provincial or territorial government as well. (Please note that the government of the Northwest Territories has already endorsed the Declaration.)
Background: Canada and the Declaration
"Indian and Northern Affairs and Foreign Affairs Canada initially advised...that they were recommending that Canada support the adoption of the draft Declaration." -- Ministerial briefing note obtained by Amnesty International
Human rights declarations are not in themselves binding laws like treaties or conventions, but may reflect state obligations already established in national or international law. Courts, human rights commissions and other public institutions may look to declarations for guidance in interpreting these obligations. More broadly, human rights declarations are intended to promote public understanding and awareness.
The Declaration on the Rights of Indigenous Peoples is the most comprehensive international instrument addressing the specific rights of Indigenous peoples. The Declaration affirms that Indigenous peoples' distinct cultures and ways of life are matters of human rights which states and Indigenous peoples should work together to protect and promote.
The Declaration is especially important in countries where there is little history of recognizing these rights. It is also a useful tool for evaluating foreign policy and international trade and investment that can impact on the lives and well-being of Indigenous peoples throughout the world.
Canada's decision to oppose the Declaration flies in the face of a long history of championing UN standards to elevate and promote human rights protection throughout the world. In fact, before the election of the Conservative government, Canadian officials played a vital role in finding common ground among states and Indigenous peoples in support of the Declaration. Many of the provisions now denounced by the Canadian government were actually drafted by Canadian representatives as consensus building compromises.
An access to information request has revealed that Canadian government lawyers and senior officials who reviewed the Declaration on behalf of the Ministries of Foreign Affairs and Indian Affairs recommended that Canada support its adoption.
Louise Arbour, the former UN High Commissioner for Human Rights and a former justice of the Supreme Court of Canada, has expressed "profound disappointment" over Canada's opposition to the Declaration.
Government ministers have repeatedly claimed that the Declaration is somehow incompatible with the Canadian Constitution and Charter of Rights and Freedoms. For example, after Canada voted against Declaration, Indian Affairs Minister Chuck Strahl stated, "By signing on, you default to this document by saying that the only rights in play here are the rights of the First Nations. And, of course, in Canada, that's inconsistent with our constitution."
In fact, the Declaration contains explicit balancing provisions and affirms the paramount objective of advancing the rights of all in accordance with basic principles of "justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith."
No legal rationale has ever been provided to back the claim that the adoption of this new human rights standards would somehow override -- rather than complement - all the other human rights laws and standards that already exist.
On May 1, 2008, a group of more than 100 Canadian lawyers, scholars and other experts published an open letter that described the government's claims as "erroneous" and "misleading". The 101 experts characterized the Declaration as "consistent with the Canadian Constitution and Charter" and "profoundly important for fulfilling their promise."
On April 8, 2008, the majority of Canadian Members of Parliament voted to endorse the Declaration and call for its implementation. The government of the Northwest Territories has also endorsed the Declaration.
Along with Indigenous peoples organizations and Canadian civil society groups, Amnesty International is calling on the government of Canada to:
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Publicly commit to upholding and promoting the UN Declaration on the Rights of Indigenous Peoples in domestic and international policy.
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Return to a constructive dialogue with Indigenous experts and organizations in Canada on implementation measures.
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Refrain from further misleading and erroneous claims that the Declaration is incompatible with the Constitution and human rights protections in Canada.