[Advisors] FW: [WSF-Discuss] Canada Is The Only UN Member To Reject Landmark Indigenous Rights Document

Thu Feb 19 10:43:32 PST 2015

Shameful!

M

From: WorldSocialForum-Discuss
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Jai Sen
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Subject: [WSF-Discuss] Canada Is The Only UN Member To Reject Landmark
Indigenous Rights Document

Wednesday, February 18 2015

Worlds in movement, worlds of movement.

Turtle Island in movement :

(Apologies for posting this important news a little late; thanks, Sundar,
for letting me know of this. - JS)

Canada Is The Only UN Member To Reject Landmark Indigenous Rights Document

Posted: 10/02/2014 4:52 pm EDT Updated: 10/03/2014 9:59 pm EDT 

 <http://www.huffingtonpost.ca/ziann-lum/> Zi-Ann Lum Become a fan
<http://www.huffingtonpost.ca/users/becomeFan.php?of=hp_blogger_Zi-Ann%20Lum
>  ziann.lum at huffingtonpost.com <mailto:ziann.lum at huffingtonpost.com>  

http://www.huffingtonpost.ca/2014/10/02/canada-un-indigenous-rights_n_591886
8.html 

Canada singled itself out as the only country to raise objections over a
landmark United Nations document re-establishing the protection of the
rights of indigenous people last week. It was a gesture one prominent First
Nation leader called "saddening, surprising."

"Canada was viewed always as a country that upheld human rights," said
Federation of Saskatchewan Indian Nations Chief Perry Bellegarde. "For
Canada to be the only nation state to get up to make a caveat on the vote -
that's very telling."

Bellegarde travelled to New York City to attend a special UN General
Assembly meeting of more than 1,000 delegates and heads of state for the
first-ever World Conference on Indigenous Peoples on Sept. 22 and 23.

On day one, nations voted on the adoption of the document
<http://www.un.org/en/ga/69/meetings/indigenous/pdf/WCIP-CFs-on-Draft-Outcom
e-Document.pdf>  - the first vote of its kind after the Declaration on the
Rights of Indigenous Peoples was introduced in 2007.

In his opening remarks, Secretary-General Ban Ki-moon
<http://www.un.org/sg/statements/index.asp?nid=8015> spoke about the
document's significance, saying it helps "set minimum standards for the
survival, dignity and well-being of indigenous peoples" - more than 370
million around the world.

"I expect member states to meet their commitments, including by carrying out
national action plans to realize our shared vision," he told delegates.

The United States, who was among four nations (including Canada) who opposed
the adoption of the original declaration seven years ago, notably reversed
its position. President Barack Obama threw his administration's support
behind the declaration
<http://abcnews.go.com/blogs/politics/2010/12/obama-supports-un-on-indigenou
s-peoples-rights-we-can-move-forward/> , regarding it as one that will "help
reaffirm the principles that should guide our future."

The document was adopted by all nations by consensus last week, but Canada
was the only country to file its objections, flagging the wording of "free,
prior and informed consent" as problematic.

Free, prior, and informed consent is commonly upheld as a key principle in
international law. But according to Ottawa, it's tricky wording that could
be interpreted as "a veto to aboriginal groups
<http://www.canadainternational.gc.ca/prmny-mponu/canada_un-canada_onu/state
ments-declarations/other-autres/2014-09-22_WCIPD-PADD.aspx>  and in that
regard, cannot be reconciled with Canadian law, as it exists."

"As a result, Canada cannot associate itself with the elements contained in
this outcome document related to free, prior and informed consent," the
government explained in a statement. 

'Deeply Concerning'

Interim Assembly of First Nations Chief Ghislain Picard called the
government's objections "deeply concerning," adding "Canada continues to
embarrass itself and isolate itself on the world stage by offering to
explain their vote."

In the feds' explanation, the word "veto" pops up three times, and
Bellegarde says that's inaccurate. 

"Veto does not exist in the declaration anywhere," Bellegarde said. "Why are
they misleading and using that word?"

In 2007, Ottawa first used the same
<http://www.aadnc-aandc.gc.ca/aiarch/mr/nr/s-d2007/2-2936-eng.asp> "veto"
explanation in its statement rejecting the UN declaration.

Then in 2010, despite rejecting the declaration three years earlier, the
federal government issued a statement
<http://www.aadnc-aandc.gc.ca/eng/1309374239861/1309374546142>  saying: "We
are now confident that Canada can interpret the principles expressed in the
Declaration in a manner that is consistent with our Constitution and legal
framework."

Fast-forward to today and First Nation leaders, including Bellegarde, say
they're flabbergasted over the government's flip-flopping and contradictory
statements.

Bellegarde, who announced his candidacy for Assembly of First Nations chief
on Wednesday, told The Huffington Post Canada in an interview the Harper
government failed to consult with aboriginal groups in "any forums, any
meetings, any dialogues" prior to the two-day UN conference.

He brought up recent decisions from Canada's own Supreme Court which upheld
aboriginal rights and titles and reinforced the necessity to obtain consent
from aboriginal people on issues pertaining to property rights and claims.

In Tsilhqot
<http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14246/index.do?r=AAAAAQAYV
HNpbGhxb3QnaW4gRmlyc3QgTmF0aW9uAAAAAAE> 'in Nation vs. British Columbia, a
ruling written by Chief Justice Beverley McLachlin, it clearly states
government and other agencies who desire access to land conferred by
aboriginal titles "must obtain the consent of the Aboriginal title holders."

"This relationship between this government, our Crown, and Canada and its
indigenous peoples does not have to be so unnecessarily adversarial,"
Bellegarde said.

Strained Relations 'Persistently Unresolved'

Prime Minister Stephen Harper did not join Bellegarde at the UN conference,
nor did Aboriginal Affairs and Northern Development Minister Bernard
Valcourt. Environment Minister Leona Aglukkaq was in New York at the time,
but opted to attend UN climate summit meetings.

Instead, new aboriginal affairs deputy minister Colleen Swords was sent to
represent Canada.

Bellegarde said he pressed Swords for a clearer explanation of what "veto"
means in the context of the non-legally binding UN outcome document and its
application to Canadian law.

"No adequate response given back," Bellegarde said.

The Huffington Post Canada asked Valcourt's office for an explanation of
Canada's stance on the outcome document and received a written response.

"Our government is focused on working with aboriginal communities on our
shared priorities, and we have in place a constitutionally-entrenched
framework that ensures the consultation and accommodation, as appropriate,
of aboriginal interests. This framework also balances the interests of
non-aboriginal Canadians and it has served as a model for nations around the
world," read the statement.

Valcourt's office also repurposed one line from UN human rights investigator
James Anaya's 22-page report from earlier this year about Canada's
relationship with its indigenous peoples.

"To quote the report of the UN Special Rapporteur on the Rights of
Indigenous Peoples '.Canada has taken determined action to address ongoing
aspects of the history of misdealing and harm inflicted on aboriginal
peoples in the country, a necessary step towards helping to remedy their
current disadvantage,'" read the email.

However, Valcourt's office failed to acknowledge that in the same July 2014
report
<http://www.ohchr.org/Documents/Issues/IPeoples/SR/A.HRC.27.52.Add.2.doc> ,
Anaya concluded: "The numerous initiatives that have been taken at the
federal and provincial/territorial levels to address the problems faced by
indigenous peoples have been insufficient."

"The well-being gap between aboriginal and non-aboriginal people in Canada
has not narrowed over the past several years; treaty and aboriginal claims
remain persistently unresolved; indigenous women and girls remain vulnerable
to abuse; and overall there appear to be high levels of distrust among
indigenous peoples towards the government at both the federal and provincial
levels."

______________________________

Jai Sen

 <mailto:jai.sen at cacim.net> jai.sen at cacim.net /  <mailto:jai at openword.in>
jai at openword.in

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