Two stories on Indigenous rights highlight government position on issues

The following two news stories dealing with Indigenous rights show how the government is trying to "take care of" First Nations by doing what they think is best for the people and their communities without consulting with them. The first story from CBC deals with the recent announcement that the government is repealing section 67 of the Canada Human Rights Act. The second story addresses the issue of the government's efforts to block the United Nations Indigenous Rights Declaration from being passed.

From http://www.cbc.ca/canada/story/2006/12/13/prentice-bill.html

Native groups warn of 'disaster' over rights act changes - December 13, 2006 - CBC News

Native groups slammed the federal government on Wednesday for not consulting them on proposed changes to the Canadian Human Rights Act that would give aboriginal people the right to challenge federal legislation governing First Nations.

Aboriginal people in Canada currently cannot launch complaints about the Indian Act under the Canadian Human Rights Act, because of a specific section in the law that exempts the Indian Act.

At issue is Section 67, which says: "Nothing in this Act affects any provision of the Indian Act or any provision made under or pursuant to that Act."

Federal Indian Affairs Minister Jim Prentice, who introduced the changes Wednesday in Parliament, called the section "a block which prevents Canadian First Nations citizens from having the same rights and protections that you and I have."

Repealing the section "without engaging in meaningful consultations with Aboriginal Peoples could only lead to disaster," said Bev Jacobs, president of the Native Women's Association of Canada in a release Wednesday.

If passed, the change is expected to prompt hundreds of discrimination claims.

Transition period ignored, groups say

Phil Fontaine, national chief of the Assembly of First Nations, said human rights must be protected, but Prentice never responded to calls by aboriginal groups for a crucial transition period recommended by the Canadian Human Rights Commission.

"This is simply a recipe for ineffectiveness and will add new costs for First Nations governments already under-resourced," said Fontaine Wednesday in a release.

Prentice told reporters outside question period Wednesday that the government has held "extensive discussions about this for an extensive period and discussions will certainly carry on."

The groups said changing the act might seem like a good idea to non-natives, but they have traditional laws that work and they consider them important as well.

"Our people are fully capable of dealing with these matters themselves," said Katherine Whitecloud, a regional chief of Manitoba.

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The following CanWest news story is available online by clicking here

Fontaine joins global lobby on native rights treaty -Steven Edwards, CanWest News Service - Wednesday, December 13, 2006

UNITED NATIONS - Canada's First Nations Chief Phil Fontaine joined indigenous leaders from around the world Tuesday to launch an international campaign aimed at reigniting support for a treaty on native peoples' rights negotiated over 20 years.

He said the new push will focus first on trying to convince African nations to reverse their newly voiced opposition to the draft Canada and other European-colonized countries such as the United States and Australia have also rejected in its present form.

Indigenous groups hope that winning back African support will have a snowball effect that pressures the other countries into changing their positions.

The African caucus stunned the international indigenous community last month when they voted in a key General Assembly policy committee to postpone action on the draft treaty after approving it in the United Nations' Human Rights Council in June.

The document, which calls for international recognition of native peoples' right to self-determination and control over their traditional lands, needs General Assembly endorsement before it can be offered to states for signature and ratification.

"Over the next weeks and months we will be canvassing all member states, starting with the African coalition," said Fontaine, national chief of the Assembly of First Nations.

"We were shocked and disappointed at the recent postponement, and we feel Canada's stance is a stain on its human rights (reputation) internationally."

Canada had been at the forefront of talks that began 20 years ago to create the first comprehensive treaty recognizing rights of native peoples, but withdrew support several months ago amid concern some of the finer print wasn't getting a full hearing.

In a position document, Canada said "parts of the text are vague and ambiguous," setting the stage for competing definitions that could, for example, enable native groups to reopen negotiations on already-settled land claims.

"I don't think anyone is acting in bad faith, rather it's just that countries feel there are some issues that need further discussion," said Fred Caron, assistant deputy minister in the Indian Affairs Department.

UN officials are working to get talks restarted for General Assembly action by next fall.

"It's not clear what can be achieved in nine months when this treaty has been so many years in the making," said Fontaine.

But Caron said much of the current draft had been written in the last year or two after years of deadlock.

"We're aiming for a declaration which advances indigenous rights in a fashion that leads to harmonious relations with the states in which they live," he said.

The document as it stands retains the support of Latin American countries, where indigenous peoples make up a large part of the electorate, and of Europe. But African countries _ which vaguely define their indigenous peoples as those who maintain traditional ways of life _ withdrew their support over the self-determination clauses.

While some African diplomats said their countries feared the provision could spark rebellions, a few indigenous activists charged developed countries such as the United States and Canada had pressured African nations into changing their votes.