Defenders of the Land & Idle No More Networks
PRESS RELEASE
10th ANNIVERSARY OF THE UN DECLARATION ON THE RIGHTS OF
INDIGENOUS PEOPLES - NO REASON FOR CANADA TO CELEBRATE!
(Turtle Island/Tuesday September 12, 2017) September 13th
2017 marks the 10th anniversary of the UN Declaration on the Rights of
Indigenous Peoples (UNDRIP), a universal legal framework, which acknowledges
the inherent collective human rights of the approximately 370 million
Indigenous Peoples worldwide. Whilst a few celebrations of this anniversary are
taking place in Canada organized together with establishment organizations who
do not represent the grassroots Indigenous Peoples who are the proper title and
rights holders, it is questionable, if the country has anything to celebrate
about. According to the latest periodic report of the UN Committee on the
Elimination of all Forms of Racial Discrimination (UN CERD), Indigenous Peoples
in Canada are still facing systematic racial discrimination in the enjoyment of
their inherent rights.
Thirty years after Indigenous representatives first came to
the United Nations in 1977, the General Assembly finally adopted the UN
Declaration on the Rights of Indigenous Peoples (UNDRIP) on September 13th,
2007. Indigenous Peoples around the world celebrated this event as a milestone
of their continuous efforts to have their rights acknowledged on an
international level.
The UNDRIP is the first UN document which entitles Indigenous
Peoples not only to general human rights but also specific collective rights as
Peoples, particularly concerning their right to self-determination, identity,
culture as well as their Indigenous lands and resources.
Today Indigenous Peoples are an ever-growing presence at the
international level and 10 years after its adoption, some countries have
incorporated the declaration into their national law to set minimum standards
for their relationship with Indigenous Peoples.
Regrettably so far, Canada has not appropriately implemented
its obligations and duties towards Indigenous Peoples as laid down in the
UNDRIP, which has already been criticized by many UN bodies and Committees,
most recently by the UN CERD in August 2017.
In fact, Canada was one of only four countries that actually
voted against the UNDRIP at the General Assembly in 2007. Only after immense
international political pressure did the Canadian government endorse the
declaration in 2010, but with severe reservations.
In May 2016, Canadian federal Minister of Indian Affairs and
Northern Development, Carolyn Bennett, announced the full support of the
Declaration “without qualification” at the UN Permanent Forum on Indigenous
Issues. However, she immediately contradicted this in her next sentence by
stating that the government intends to “adopt and implement the declaration in
accordance with the Canadian Constitution.” She therefore tried to subjugate
international law to lesser national standards. This is in clear violation of
any understanding of international law, according to which national laws and
policies should only be passed if they conform with international law and not
vice versa.
The recent periodic report from the United Nations Committee
on the Elimination of Racial Discrimination (CERD), condemned racism and rights
violations encountered by Aboriginal Peoples in Canada, echoing Indigenous
Nations who made submissions to the committee on their experiences of racial
discrimination since the past 150 years of colonial policy and law.
The UN CERD committee is “deeply concerned” by Canada’s
continuous violations of the land rights of Indigenous Peoples “in particular
environmentally destructive decisions for resource development which affect
their lives and territories continue to be undertaken without the free, prior
and informed consent of the Indigenous Peoples, resulting in breaches of treaty
obligations and international human rights law.”
Collective land rights of Indigenous Peoples present a
cornerstone of the UNDRIP, according to which Indigenous Peoples enjoy the
right to own, use, develop and control their traditional lands, territories and
resources as key aspect of their culture and identity.
The CERD report criticizes that for Indigenous Peoples in
Canada “costly, time consuming and ineffective litigation is often the only
remedy in place of seeking free, prior and informed consent” and is highly
concerned that “permits have been issued and construction has commenced at the
Site C dam, despite vigorous opposition of Indigenous Peoples affected by this
project”. The Committee urges Canada to "immediately suspend all permits
and approvals for the construction of the Site C dam" in British Colombia
and to "incorporate the free, prior and informed consent principle in the
Canadian regulatory system".
Additionally, the Committee is alarmed at the continued high
rates of violence against Indigenous women and girls, urging Canada to take
immediate action. The report also found that despite its previous
recommendations and multiple decisions by the Canadian Human Rights Tribunal,
“less money is reportedly provided for child and family services to Indigenous
children than in other communities, and that this gap continues to grow”.
According to the UNDRIP, states must “take measures, in conjunction with
Indigenous Peoples, to ensure that Indigenous women and children enjoy the full
protection and guarantees against all forms of violence and discrimination.”
However, systematic discrimination of Indigenous women and children remains and
Canada has failed so far in addressing root causes of this ongoing violation.
As part of Montréal's 375th anniversary, a three-day event
is organized in collaboration with the Montreal city government to celebrate
the 10th anniversary of the UNDRIP, Indigenous cultures and diversities in
collaboration with establishment organizations which do not represent
grassroots Indigenous Peoples who are the proper title and rights holders.
While Indigenous Peoples, their rights, cultures and artists should be promoted
and celebrated, cocktail receptions, acknowledging talks and free concerts are
by far not enough. The UN CERD report clearly shows that Canada needs to do
much more to address its long history of racial discrimination against
Indigenous Peoples and to acknowledge their inherent, internationally
recognized rights as Peoples.
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For more information contact:
Russell Diabo: Cell:
613-296-0110
Janice Makokis: Cell:
780-915-0310
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