A United Nations Declaration on the Rights of Indigenous Peoples passed in September is “fundamentally flawed and lacks clear, practical guidance for implementation,” according to Chuck Strahl, Minister of Indian Affairs and Northern Development, and Maxime Bernier, Minister of Foreign Affairs in a press release. “It also does not recognize Canada's need to balance indigenous rights to lands and resources with the rights of others.” Canada along with the United States, Australia and New Zealand declined to sign.
The declaration focuses on the equality and fundamental freedoms of all indigenous peoples including “the right to unrestricted self-determination, collective right to the ownership, use and control of lands, territories and other natural resources, and the right to maintaining and developing their own political, religious, cultural and educational institutions along with the protection of their cultural and intellectual property.”
It also highlights the requirement for “prior and informed consultation, participation and consent in activities of any kind that impact on indigenous peoples, their property or territories”, provides for “fair and mutually acceptable procedures to resolve conflicts between indigenous peoples and States,” and “establishes the requirement for fair and adequate compensation for violation of the rights recognized in the declaration and establishes guarantees against ethnocide and genocide.”
The Presbyterian Church in Canada has been monitoring the declaration's progress (it was approved by the UN Human Rights Council in June 2006 before coming to the assembly), and when Canada balked at the document last summer, the church sent a letter to the government expressing its disapproval and urging it to adopt the declaration when it came around again.
“The decision by the Canadian government not to adopt the declaration is disappointing,” said Stephen Allen, associate secretary of Justice Ministries, “especially since Canada has played such an important role over the years in working with other states and non-governmental bodies on various drafts of the declaration.”
The two decades-long process involved indigenous groups, human rights organizations, and UN member states. Though not legally binding, the international community formed a strong voice by approving the document by a vote of 143-4, with 11 abstentions.
Canada's government has said it supports the “spirit and intent” of the declaration, but “further negotiations are necessary in order to achieve a text … that will truly address the interests of indigenous and non-indigenous peoples in Canada and around the world.”
Ed Bianchi, coordinator of KAIROS' Aboriginal Rights Program, told the Record that Canada's decision to actively vote against the document, rather than simply abstain as some countries did, is especially telling. “In essence, Canada's vote says this administration does not understand the essence of human rights, or has chosen not to uphold them.
“Human rights are non-negotiable. Aboriginal people, as human beings, are born with rights. They can't be given and they can't be taken away. This declaration doesn't create new rights — it simply says how they should be applied.”
Stephen Harper's government has noted that since taking office in 2006, it has acted on an agenda that is “practical, focuses on real results, and has led to tangible progress in a range of areas including land claims, education, housing, child and family services, safe drinking water and the extension of human rights protection to First Nations on reserve.”
Such assistance is what Bianchi calls “program and services” — actions that are based on a charity model in reaction to a problem, rather than honoring the rights of Aboriginal peoples and ensuring they have the tools to prevent problems from happening.
Bianchi said although the document is not legally binding, Aboriginal groups can use it to advocate for their rights, and it will also become part of the larger human rights library. “Legally, it has no implications for Canada. It's an entirely aspirational document. But for Aboriginal people, it provides acknowledgement from the international community that there is an understanding that as people, they have rights.
“This is moving towards a fairer and more just world, and Canada's decision is a giant step backwards.”
