Canada's position on UN's declaration on the rights of indigenous peoples "nonsense"
From the Toronto Star ...
Backpedalling on native rights
Carol Goar - Aug 22, 2007
Canada is one of seven countries blocking the quest for a universal declaration on the rights of indigenous peoples. The other holdouts are Colombia, Guyana, Suriname, Russia, Australia and New Zealand.
Most members of the United Nations would like to see the charter, which has been under discussion for 20 years, adopted by the General Assembly at its fall session.
Sixty-seven states are co-sponsoring it. The UN Human Rights Council approved it last summer (over Canada's objections). Former foreign affairs minister Lloyd Axworthy calls it a test of "Canada's influence as a credible and influential voice for the protection of human rights."
As the vote approaches, native and human rights groups are appealing to Ottawa not to thwart the declaration. They've sent an open letter to Prime Minister Stephen Harper urging him to uphold the rights of the world's most marginalized and vulnerable people.
"Canada must abandon its campaign against the declaration before further harm is done to the safety and well-being of indigenous peoples worldwide and to Canada's reputation as a principled defender of human rights," the signatories say. They include Phil Fontaine, national chief of the Assembly of First Nations; Beverly Jacobs, president of the Native Women's Association of Canada; Alex Neve, secretary-general of Amnesty International Canada; Ed Bianchi, aboriginal rights co-ordinator for a church consortium called KAIROS and a number of regional chiefs.
The government's position is that the declaration is too vague to be effective.
It also maintains that some of its provisions could be interpreted in ways that are inconsistent with Canada's Charter of Rights and Freedoms.
The Department of Indian and Northern Affairs cites six specific concerns:
- The declaration might be used to support aboriginal claims to territories already ceded by treaty.
- It might interfere with Canada's approach to settling land claims, which balances the rights of aboriginal peoples against the interests of other Canadians.
- It might be interpreted to give aboriginal peoples a veto over defence activities.
- It confers on indigenous people a right to conserve and protect the environment, which is not recognized in international law.
- It provides no guidance about the financing of aboriginal self-government.
- And it fails to state clearly that federal and provincial laws are paramount on matters of overriding national importance.
This is nonsense, Axworthy says. International human rights declarations have never been legally binding. Moreover, this one has an explicit clause – included at Canada's insistence – stating that it must be interpreted in accordance with existing domestic laws.
Until recently, Canada was one of the leaders in rallying support for the declaration.
In the early years of the negotiations, some states wanted nothing to do with it, fearing it would give indigenous peoples rights and powers that would undermine their authority and drain their budgets.
Canada worked tirelessly to bring these countries on board, explaining and defending the concept of aboriginal self-determination. Craig Benjamin of Amnesty International sat in on some of those talks. "Canada was instrumental in breaking the deadlock between state governments and indigenous peoples. We acknowledged the right to self-government. We said we don't find it threatening."
Shortly after Prime Minister Stephen Harper was elected, Canada's stance changed.
It voted against the declaration – with Russia – at the UN Human Rights Council on June 29, 2006. It is now lobbying other countries to join its call for a re-negotiation of all the substantive provisions of the document. So far, it has found six allies. Several African countries are wavering.
"We have grave concerns that Canada is encouraging states with appalling records on human rights to take positions against the recognition and protection of indigenous people's human rights," the petitioners say in their public letter to Harper.
There is still time for Canada to change course.
For more than a century, we have failed our original citizens abysmally. We have ignored their needs and stunted their development.
The least we can do now is offer them the tools to do better.