Media.Knet.Ca

Draft Declaration on the Rights of Indigenous Peoples Moves Forward Despite Canadian Government Interference

     OTTAWA, June 29 /CNW Telbec/ - Indigenous peoples and human rights organizations in Canada are welcoming the historic decision by the United Nations Human Rights Council to back the adoption of the draft UN Declaration on the Rights of Indigenous Peoples.

     However, these organizations also expressed their deep frustration and disappointment with the Canadian government's efforts to stall this much-needed and long overdue human rights instrument. Canada called the vote as a pre-emptive move against the Declaration's passage, but in the end Canada was one of only two countries to vote against the Declaration.

     Instead, the Council voted to bring the proposed Declaration forward for possible adoption by the UN General Assembly later this year. The vote was 30 in favour and 2 against (with 12 abstentions and 3 absent).

     "Canada's opposition to the Declaration has soured the first meeting of the Human Rights Council," says Beverly Jacobs, President of the Native Women's Association of Canada. "The Council was created in the hope that states would set aside domestic considerations and work impartially to advance the human rights of all. It's a bitter disappointment that Canada would mar the very first session by openly pursuing a dubious domestic agenda."

     The Canadian government was an active participant in the Working Group that drafted the current text and, in recent years, had a played a critical role in building state support for the principles of the draft Declaration. The current government has tried to explain its sudden opposition by claiming that some provisions of the Declaration are incompatible with Canadian law. It has not provided any substantiation of this claim. Canada had failed also in an earlier attempt to bring forward a counter-resolution to have the decision on the Declaration delayed so it could be re-opened for further negotiation. All of these moves damage Canada's international reputation as a leader in Indigenous and human rights.

     Indigenous peoples' organizations that have participated in the Working Group point out that not only is the Declaration a non-binding, aspirational statement that would not override any domestic laws, it also contains specific assurances, introduced by Canada, that its provisions must be interpreted in a fair and balanced manner that respects basic principles of human rights, democratic society and good government.

     "We are outraged that Canada would demonstrate such bad faith in opposing a text that it helped write," says Alex Neve, Secretary General of Amnesty International Canada "It is even more astounding that Canada would then try to persuade other states that another round of negotiations is needed. It was fortunate - though embarrassing for all Canadians - that Canada quickly found itself isolated on a Council that was prepared to move forward with a principled defence of Indigenous peoples' human rights."

     Strong international support for the Declaration is an important step forward in countering the widespread racism and discrimination that threatens the survival and well-being of Indigenous peoples worldwide. The draft Declaration clearly affirms that Indigenous peoples must not be arbitrarily denied the right of self-determination, which is recognized in international law as a universal right of all peoples. The Declaration also affirms diverse rights regarding lands, territories and resources that are essential to the cultural identities of Indigenous peoples and the fulfillment of their basic human rights.

     "This is an historic day for Indigenous peoples around the globe," said Assembly of First Nations National Chief Phil Fontaine. "We are grateful that the Council has recognized the importance and urgency of moving ahead with human rights protections for Indigenous peoples. It is very unfortunate that in trying to stand in the way of the Declaration, Canada has done so much harm to its credibility and influence on a Council that it worked so hard to create."

     The Declaration has been under development for more than two decades. The current proposal, which emerged from an 11-year-long Working Group process, has been endorsed by the UN Special Rapporteur on the Situation of the Human Rights and Fundamental Freedoms of Indigenous People and by the UN Permanent Forum on Indigenous Issues. It has also been supported by a wide range of states worldwide, including states such as Norway and Denmark which, like Canada, have a history of negotiation and treaty-making with Indigenous peoples.

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/For further information: Media Contacts: Craig Benjamin, Amnesty International Canada, 1 (613) 744-7667 ext. 235, cbenjami@amnesty.ca; Don Kelly, Assembly of First Nations, Communications Director, (613) 241-6789, ext. 320, dkelly@afn.ca; Ian McLeod, Assembly of First Nations, Bilingual Communications Officer, (613) 241-6789, ext. 336, imcleod@afn.ca; Jennifer Preston Howe, Canadian Friends Service Committee, (416) 920-5213; Linda Kayseas, Native Women's Association of Canada, Media Coordinator, (613) 722-3033, ext. 231; Louis Moubarak, Rights & Democracy, (514) 283-6073, ext.
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FROM: THE HAMILTON SPECTATOR NEWSPAPER at http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout/Article_Type1&c=Article&cid=1151617838257&call_pageid=1020420665036&col=1112101662670

Aboriginal Leaders Feel 'Betrayed' By Ottawa - THE ASSOCIATED PRESS  - UN high commissioner Louise Arbour happy with decision.
 
United Nations Human Rights Council overrides Canada and Russia to approve native peoples declaration
By Lisa Schlein - The Canadian Press GENEVA (Jun 30, 2006)

Over the objection of Canada and Russia, the new United Nations Human Rights Council adopted a declaration to protect the rights of indigenous peoples around the world, including their land claims and resources.

By a 30-2 vote yesterday, the council approved the declaration that says indigenous people should be free from discrimination and that they have a right "to consider themselves different and to be respected as such."

Only Canada and Russia voted against it. A dozen countries abstained and three were absent.

When the tally appeared on the electronic screen, the packed conference room erupted into applause. People wept and hugged each other and smiled broadly. Louise Arbour, the UN high commissioner for human rights and a former Supreme Court of Canada justice, joined in the standing ovation.

"I'm very excited," said Willie Littlechild, an aboriginal lawyer and Treaty Six international chief from Alberta. "I'm very, very delighted and encouraged by the signal the new Human Rights Council has given the world that they are serious about addressing indigenous issues as we go forward by adopting a declaration."

The declaration goes to the UN General Assembly for final adoption in the fall. The document is not legally binding. But governments and indigenous groups point out that the Universal Declaration of Human Rights was also not a binding document, but over time it became customary law.

Indigenous groups had hoped the declaration would be approved by consensus but Canada asked for a vote.

Earlier in the week, a Canadian motion to have the council authorize further consultations on the draft declaration was defeated. A roll-call vote of the 47-member council took place.

"When you're doing the right thing, you don't really worry about whether you're isolated or not," said Paul Meyer, head of the Canadian government delegation to the council.

"I think there were a number of countries that indicated they shared some of our concerns about the process and the substance and some of the deficiencies of both aspects that led us to take the vote we did."

The United States, Australia and New Zealand also opposed the declaration, but they are not members of the council and thus cannot vote.

The Canadian government has problems with provisions on land, territories and resources which were unclear and open to interpretation, Meyer said. Other problematic areas are provisions on land claims, the concept of "free, prior and informed consent" and issues relating to self-government provisions.

Littlechild said he was "personally disappointed that Canada chose to follow that path because ... they were there all the way through since 1982 helping us draft together a document, a balanced document."

Kenneth Deer, who represents Mohawks at Kahnawake and the United Nations Council of Chiefs, also felt betrayed.

"Canada had a lot to do with the declaration getting this far ... It's ironic that for 11 years they carried the resolution and at the end they voted against the declaration and against their own work."

But Meyer doesn't see it that way.

"Our position evolved," he said.

"But ... we always had an objective which was to get the best sort of declaration possible and we were willing to go the extra mile on this. We specifically came here with a plea for additional time."

Deer said the declaration should be stronger, but more negotiations would not help because governments that "wanted to reopen it would want to weaken it and not strengthen it."

He warned of "strained" relations between the Canadian government and indigenous peoples, but Meyer said he doesn't think relations will be adversely affected.

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Canada votes against UN rights declaration - Jun. 29, 2006. 07:23 PM - Canadian Press

GENEVA — Over the objection of Canada and Russia, the new UN Human Rights Council adopted a declaration Thursday to protect the rights of indigenous peoples around the world, including their claims on land and resources.

By 30-2 vote, the council approved the declaration that said indigenous people should be free from discrimination and that they have a right "to consider themselves different and to be respected as such."

Only Canada and Russia voted against it. A dozen countries abstained and three were absent.

When the tally appeared on the electronic screen, the packed conference room erupted into applause. People wept and hugged each other and smiled broadly. Louise Arbour, the UN high commissioner for human rights and former Supreme Court of Canada justice, joined in the standing ovation.

"I'm very excited," said Willie Littlechild, a Aboriginal lawyer and Treaty Six international chief from Alberta.

"I'm very, very delighted and encouraged by the signal the new Human Rights Council has given the world that they are serious about addressing indigenous issues as we go forward by adopting a declaration."

Indigenous groups had hoped the declaration would be approved by consensus but Canada asked for a vote.

Earlier in the week, a Canadian motion to have the council authorize further consultations on the draft declaration was defeated. A rollcall vote of the 47-member council took place.

"When you're doing the right thing, you don't really worry about whether you're isolated or not," said Paul Meyer, head of the Canadian government delegation to the council.

"I think there were a number of countries that indicated they shared some of our concerns about the process and the substance and some of the deficiencies of both aspects that led us to take the vote we did."

The United States, Australia and New Zealand also opposed the declaration, but they are not members of the council and thus cannot vote.

The Canadian government has problems with current provisions on land, territories and resources which were unclear and open to interpretation, Meyer said. Other problematic areas are provisions on land claims, the concept of "free, prior and informed consent" and issues relating to self-government provisions.

Littlechild said he was "very personally disappointed that Canada chose to follow that path because ... they were there all the way through since 1982 helping us draft together a document, a balanced document."

"I felt very betrayed," Littlechild said.

Kenneth Deer, who represents Mohawks at Kahnawake and the United Nations Council of Chiefs, also said he felt betrayed. "Canada had a lot to do with the declaration getting this far ... It's ironic that for 11 years they carried the resolution and at the end they voted against the declaration and against their own work."

But Meyer doesn't see it that way.

"Our position evolved," he said. "But ... we always had an objective which was to get the best sort of declaration possible and we were willing to go the extra mile on this. We specifically came here with a plea for additional time."

Deer said he the declaration should be stronger, but more negotiations would not help because governments that "wanted to re-open it would want to weaken it and not strengthen it."

He warned of "strained" relations between the Canadian government and indigenous peoples, but Meyer said he doesn't think relations will be adversely affected.

The declaration goes to the UN General Assembly for final adoption in the fall.

The document is not legally binding. But governments and indigenous groups point out that the Universal Declaration of Human Rights was also not a binding document, but over time it became customary law.

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UN Press release

HUMAN RIGHTS COUNCIL ADOPTS TEXTS FOR PROTECTION FROM ENFORCED DISPPEARANCE, RIGHTS OF INDIGENOUS PEOPLES

Extends Mandate of Working Group on Drafting Optional Protocol to International Covenant on Economic, Social and Cultural Rights
29 June 2006

The Human Rights Council this afternoon adopted by consensus the International Convention for the Protection of All Persons from Enforced Disappearance and recommended that the General Assembly adopt the treaty.

The Council also adopted by a roll-call vote of 30 in favour to 2 against and 12 abstentions a resolution on the Declaration on the Rights of Indigenous Peoples. The Council adopted the declaration as proposed by the Chairperson-Rapporteur of the Working Group of the Commission on Human Rights to elaborate a draft declaration and recommended that the General Assembly adopt the non-binding declaration.

Also adopted by consensus was a resolution on the Open-ended Working Group to draft an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Council welcomed the report of the Working Group with a view to considering options regarding the elaboration of an Optional Protocol and decided to extend the mandate of the Working Group for a period of two years in order to elaborate the Optional Protocol.

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Action on Resolution on Declaration on Rights of Indigenous Peoples

In a resolution (A/HRC/1/L.3), entitled Working Group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of the General Assembly resolution 49/214 of 23 December 1994, adopted after a roll-call vote by thirty in favour, two against, and twelve abstentions, the Human Rights Council adopts the United Nations Declaration on the Rights of Indigenous Peoples as proposed by the Chairperson-Rapporteur of the Working Group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of the General Assembly resolution 49/214 of 23 December 1994 in annex I to the report of the Working Group on its eleventh session (E/CN.4/2006/79); recommends to the General Assembly that it adopt the following draft resolution:

The General Assembly, expresses its appreciation to the Council for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples; and adopts the Declaration as contained in the annex to Council resolution 2006/….

The United Nations Declaration on the Rights of Indigenous Peoples says indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity. Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their rights to participate fully, if they so choos!
e, in the political, economic, social and cultural life of the State.

The result of the vote was as follows:

In favour (30):
Azerbaijan, Brazil, Cameroon, China, Cuba, Czech Republic, Ecuador, Finland, France, Germany, Guatemala, India, Indonesia, Japan, Malaysia, Mauritius, Mexico, Netherlands, Pakistan, Peru, Poland, Republic of Korea, Romania, Saudi Arabia, South Africa, Sri Lanka, Switerzland, United Kingdom of Great Britain and Northern Ireland, Uruguay, Zambia.

Against (2):
Canada, Russian Federation.

Abstentions (12):
Algeria, Argentina, Bahrain, Bangladesh, Ghana, Jordan, Morocco, Nigeria, Philippines, Senegal, Tunisia, Ukraine.

Absent (3):
Djibouti, Gabon, Mali.

PAUL MEYER (Canada), in an explanation of the vote before the vote, acknowledged the important role that Canada, as well as other indigenous organizations, had played in the process of the drafting of the Declaration on the Rights of Indigenous Peoples. The proposal did not receive the necessary support, even though Canada, some other countries and a few indigenous representatives noted in their statements difficulties with a process where all parties had not discussed proposed language on several key issues. Canada had worked for a declaration that would promote and protect the human rights and fundamental freedoms of every indigenous person without discrimination and recognized the collective rights of indigenous peoples around the world. Canada had a long and proud tradition of not only supporting but also actively advocating Aboriginal and treaty rights at home and was fully committed to working internationally on indigenous issues. Regrettably, however, Canada would vote against the resolution.

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FROM: CANADA.COM WEBSITE
http://www.canada.com/topics/news/story.html?id=2c51f850-9f36-4691-b2c7-57574169ece9&k=34650
UN Overrides Canada Over Native Rights

Associated Press- Published: Thursday, June 29, 2006

GENEVA -- The new UN Human Rights Council on Thursday overrode Canadian and Russian objections and passed a declaration to protect the rights of native peoples around the world, including an assertion that they have a possible right to restitution for land and resources taken from them.
By 30-2 vote, the body approved the declaration that said indigenous people should be free from discrimination and that they have a right "to consider themselves different and to be respected as such." A dozen countries abstained and three were absent.

A coalition of indigenous people who had been campaigning heavily in favour of passage had complained that Canada, a former supporter of the declaration, had switched sides after the Conservative party ousted the Liberals earlier this year.

They said Canada thus joined the United States, Australia and New Zealand -- all countries with significant native populations -- in opposing the declaration. The U.S., Australia and New Zealand, however, have no vote because they are not members of the 47-nation council, which began its first session last week.

The council replaced the widely discredited 53-country UN Human Rights Commission.

© Associated Press 2006