[Indigsol] FW: UN Declaration on the Rights of Indigenous Peoples

[Ben Powless]

The parliament has already passed a bill supporting the UNDRIP, opposed by
only the Conservatives, so it passed (I believe). During the negotiation of
the UNDRIP Canada was sometimes one of the hostile countries to some of the
provisions, though it generally went along with things, is my impression.
After the cons came in, it was a different game, trying to obstruct things
that were already agreed upon. They then went on to claim it was
incompatible with constitutional law (it isn't) and irrelevant since Canada
already has a number of Aboriginal rights provisions (it isn't). The hope
would be to get some of the more progressive articles afirmed, though not
unilaterally. The ideal would be to have it adopted as part of Canadian law,
as a few countries have voted to adopt it as law in entirety, thought Canada
is far away from this. The other goal is to make it such a constant
referenced and understood part of domestic and international law that it
becomes much more strongly entrenched in international law, and serves as a
source of law and guidance in domestic cases, as it already has in some
other countries (like Belize). As for this fall - most likely the cons will
try to make it a non issue or use their apology (which was pre-negotiated
and not Harper's idea - he was legally obligated to do it to settle an out
of court claim) as PR, and my impression would be the Liberals will only
take slight attacks on Aboriginal issues because of that, I don't think
they're willing to make it a huge issue (except maybe the Kelowna accords,
which were minimalist at that) because Harper appears to be doing good on
Aboriginal issues to most Canadians, even though he'd like to erase us as a
body politic. Email me if you'd like to get a copy of the document, or it's
available on the net.

2008/8/30 Pei-Ju Wang <peiju_wang at hotmail.com>

>      From Amnesty International Canada – UN Declaration on the Rights of
> Indigenous Peoples
>
> http://www.amnesty.ca/take_action/actions/ip_un_declaration.php (Emphasis
> added)
>
>
> *Question: Will the fall election help us on the Rights of Indigenous
> Peoples?* * * *UN Declaration on the Rights of Indigenous Peoples: Canada
> must set positive example *
>
> Last updated: 1 May 2008
>
> The UN Declaration on the Rights of Indigenous Peoples makes a unique and
> much needed contribution to global understanding and promotion of human
> rights through its emphasis on measures that are indispensable to the
> survival and well-being of some of the world's most marginalized and
> frequently victimized peoples. *Rights affirmed by the Declaration include
> the right of self-determination, land rights, rights to cultural identity,
> and protection against genocide and discrimination.*
>
> The Declaration was adopted by the UN General Assembly on September 13,
> 2007 by an overwhelming majority vote of 144 to 4.
>
> The adoption of the Declaration was opposed only by Canada, the United
> States, Australia and New Zealand. *Canada** and the United States have
> since claimed – entirely contrary to human rights norms – that the
> Declaration should not apply to countries that voted against it. This is the
> first time that Canada has sought to be exempted from a human rights
> standard adopted by the General Assembly* -- or suggested that any country
> should be free to pick and chose which UN resolutions they uphold.
>
> UN High Commissioner for Human Rights Louise Arbour, a former justice of
> the Supreme Court of Canada, has expressed "profound disappointment" over
> Canada's opposition to the Declaration.
>
> Government ministers have repeatedly claimed that the Declaration is
> somehow incompatible with the Canadian Constitution and Charter of Rights
> and Freedoms. For example, after Canada voted against Declaration, Indian
> Affairs Minister Chuck Strahl stated, "By signing on, you default to this
> document by saying that the only rights in play here are the rights of the
> First Nations. And, of course, in Canada, that's inconsistent with our
> constitution."
>
> In fact, the Declaration contains explicit balancing provisions and affirms
> the paramount objective of advancing the rights of all in accordance with
> basic principles of "justice, democracy, respect for human rights, equality,
> non-discrimination, good governance and good faith."
>
> No legal rationale has ever been provided to back the claim that the
> adoption of this new human rights standards would somehow override -- rather
> than complement - all the other human rights laws and standards that already
> exist.
>
> On May 1, 2008, a group of more than 100 Canadian lawyers, scholars and
> other experts published an open letter that described the government's
> claims as "erroneous" and "misleading". The 101 experts characterized the
> Declaration as "consistent with the Canadian Constitution and Charter" and
> "profoundly important for fulfilling their promise."
>
> *Please take action. *
>
> Please express your support for the Declaration on the Rights of Indigenous
> Peoples by calling on the government of Canada to accept its responsibility
> to uphold and promote this vital human rights instrument. Send letters and
> postcards to:
>
> ·         Your Member of Parliament
>
> ·         Minister of Foreign Affairs and International Trade, David
> Emerson
>
> ·         Minister of Indian Affairs and Northern Development, Chuck
> Strahl
>
> In your letters or postcards, please make the following points:
>
> ·         Note that human rights declarations adopted by the United
> Nations General Assembly are intended to provide guidance and inspiration to
> all countries without exception.
>
> ·         Point out that more than 100 Canadian lawyers and other experts
> have gone on record that the Declaration is consistent with and
> complementary to the Canadian Constitution and Charter of Rights and
> Freedoms.
>
> ·         Welcome the fact that *on April 8, the Canadian Parliament voted
> to endorse the Declaration and called for its implementation*
>
> ·         Express your hope that the government will respect the
> democratic will of Parliament and the United Nations and work with
> Indigenous peoples to ensure the full implementation of the Declaration.
>
> Mail to Members of Parliament can be sent postage free to the following
> address:
>
> House of Commons
> Parliament Buildings
> Ottawa, Ontario
> K1A 0A9
>
> Consider sending similar letters to your provincial or territorial
> government as well. (Please note that the government of the Northwest
> Territories has already endorsed the Declaration.)
>
> *Background: Canada and the Declaration *
>
> *"Indian and Northern Affairs and Foreign Affairs Canada initially
> advised...that they were recommending that Canada support the adoption of
> the draft Declaration."* -- *Ministerial briefing note obtained by Amnesty
> International*
>
> *Human rights declarations are not in themselves binding laws like
> treaties or conventions, but may reflect state obligations already
> established in national or international law. Courts, human rights
> commissions and other public institutions may look to declarations for
> guidance in interpreting these obligations. More broadly, human rights
> declarations are intended to promote public understanding and awareness. *
>
> The Declaration on the Rights of Indigenous Peoples is the most
> comprehensive international instrument addressing the specific rights of
> Indigenous peoples. The Declaration affirms that Indigenous peoples'
> distinct cultures and ways of life are matters of human rights which states
> and Indigenous peoples should work together to protect and promote.
>
> *The Declaration is especially important in countries where there is
> little history of recognizing these rights. It is also a useful tool for
> evaluating foreign policy and international trade and investment that can
> impact on the lives and well-being of Indigenous peoples throughout the
> world. *
>
> Canada's decision to oppose the Declaration flies in the face of a long
> history of championing UN standards to elevate and promote human rights
> protection throughout the world. *In fact, before the election of the
> Conservative government, Canadian officials played a vital role in finding
> common ground among states and Indigenous peoples in support of the
> Declaration.* *Many of the provisions now denounced by the Canadian
> government were actually drafted by Canadian representatives as consensus
> building compromises. *
>
> An access to information request has revealed that Canadian government
> lawyers and senior officials who reviewed the Declaration on behalf of the
> Ministries of Foreign Affairs and Indian Affairs recommended that Canada
> support its adoption.
>
> *On April 8, the majority of Canadian Members of Parliament voted to
> endorse the Declaration and call for its implementation. The government of
> the Northwest Territories has also endorsed the Declaration. *
>
> Along with Indigenous peoples organizations and Canadian civil society
> groups, Amnesty International is calling on the government of Canada to:
>
> ·         Publicly commit to upholding and promoting the UN Declaration on
> the Rights of Indigenous Peoples in domestic and international policy.
>
> ·         Return to a constructive dialogue with Indigenous experts and
> organizations in Canada on implementation measures.
>
> ·         Refrain from further misleading and erroneous claims that the
> Declaration is incompatible with the Constitution and human rights
> protections in Canada.
>
>
>
>
>
>
>
> ----- Original Message ----
> From: Pei-Ju Wang <peiju_wang at hotmail.com>
> To: tharakan_mary at yahoo.com
> Sent: Tuesday, August 26, 2008 11:38:57 PM
> Subject: UN Declaration on the Rights of Indigenous Peoples
>
>
> 9 April 2008
>
>
>
>
> http://www.amnesty.ca/resource_centre/news/view.php?load=arcview&article=4279&c=Resource+Centre+News
>
>
>
>
> *UN Declaration on the Rights of Indigenous Peoples: Canadian Parliament
> Calls for Implementation of Critical Universal Human Rights Instrument*
>
>
>
> Indigenous peoples' organizations and human rights groups welcome
> yesterday's decision by the Canadian Parliament to endorse the United
> Nations Declaration on the Rights of Indigenous Peoples.
>
> The Declaration was adopted by the UN General Assembly on September 13,
> 2007 in a historic vote by an overwhelming majority of member states. Canada
> was one of only four states to oppose the Declaration. The government of
> Stephen Harper has since claimed that the Declaration is not applicable in
> Canada . This claim has no legal basis and is unprecedented in Canada 's
> foreign and domestic policy.
>
> On Tuesday, April 8, *the House of Commons* passed a resolution to endorse
> the Declaration as adopted by the UN and calling on Parliament and the
> Government of Canada to "fully implement the standards contained therein."
>
> "The UN Declaration on the Rights of Indigenous Peoples provides a road map
> for the reconciliation of Indigenous and non-Indigenous peoples in Canada
> and around the world," says Mary Simon, President Inuit Tapiriit Kanatami.
> "Aboriginal peoples in Canada welcome the commitment of the majority of
> Parliamentarians to work with us to implement urgently needed human rights
> standards."
>
> The UN Declaration affirms minimum human rights standards necessary for the
> "survival, dignity and well-being of the Indigenous peoples of the world."
> These include the right of self-determination, protections from
> discrimination and genocide, and recognition of rights to lands, territories
> and resources that are essential to the identity, health and livelihood of
> Indigenous peoples. The Declaration also explicitly requires that all
> provisions are to be balanced with other rights protections and interpreted
> in accordance with principles of justice, democracy, non-discrimination,
> good governance and respect for the human rights of all.
>
> "The rights affirmed in the Declaration are vital to our lives as
> Indigenous peoples and to the generations still to come," says Beverley
> Jacobs, President of the Native Women's Association of Canada. "We deeply
> appreciate the fact that the majority of Members of Parliament were prepared
> to do the right thing and endorse the Declaration."
>
> During the House of Commons debate over the resolution, Conservative
> government spokespersons claimed that the Declaration would undo centuries
> of Canadian treaties with Indigenous peoples.
>
> "This government's latest arguments against the Declaration show just how
> ridiculous their position has become," says Chief Wilton Littlechild,
> international chief for Treaty Six. "The UN Declaration explicitly states
> that treaties and other agreements with Indigenous peoples are to be
> honoured and respected. I worked with Canadian diplomats to draft the treaty
> provisions in the Declaration. We just want the Canadian government to live
> up to that promise."
>
> Human rights Declarations become universally applicable upon their adoption
> by the UN General Assembly, regardless of how individual states vote.
> Indigenous peoples and human rights organizations hope that today's vote
> will have a positive impact on Canada 's domestic and foreign policy.
>
> " Canada 's reputation as a human rights advocate continues to suffer as a
> result of its ongoing opposition to the Declaration. Despite the
> government's opposition, this vote in the House of Commons is an important
> step in the implementation of the Declaration", says Grand Chief Edward
> John, Political Executive Member of the First Nations Summit.
>
> "The Canadian government's unreasonable opposition to the UN Declaration
> has undermined Canada 's influence on the international stage," says Alex
> Neve, Secretary General, Amnesty International Canada. "Now that
> Parliament's official position is to support and implement the Declaration,
> we hope that the government will take advantage of this opportunity to
> restore Canada 's reputation for principled support of international human
> rights standards."
>
> In a message to Canadian Parliamentarians delivered on the eve of the vote,
> noted Indigenous rights advocate and Chair of the UN Permanent Forum on
> Indigenous Issues, Victoria Tauli Corpuz, said:
>
> "… implementation of the Declaration will hasten genuine reconciliation
> efforts between governments and indigenous peoples. It sets the basic
> framework and guidelines for these key actors to develop joint plans and
> strategies on how to redress the historical and present injustices suffered
> by indigenous peoples. It provides a good impetus for governments to plan
> jointly with indigenous peoples on how peace, security, human rights and
> sustainable development can be achieved in indigenous peoples' territories.
>
> … An endorsement of the adoption of the Declaration will not only favor the
> indigenous peoples of Canada but also the indigenous peoples in countries
> where Canadian aid is provided."
>
>
>
> --30--
>
> Assembly of First Nations
> Amnesty International Canada
> Canadian Friends Service Committee (Quakers)
> First Nations Summit
> Grand Council of the Crees (Eeyou Istchee)
> International Organization of Indigenous Resource Development (IOIRD)
> Inuit Circumpolar Council (Canada)
> Inuit Tapiriit Kanatami
> KAIROS: Canadian Ecumenical Justice Initiatives
> Native Women's Association of Canada
>
>
>
>
>
> Amnesty International Canada – The Human Rights of Indigenous Peoples
>
> http://www.amnesty.ca/themes/indigenous_overview.php
>
>
>
> Rights & Democracy – Indigenous People's Rights
>
>
> http://www.dd-rd.ca/site/what_we_do/index.php?subsection=themes&subsubsection=theme_documents&lang=en&id=1479&page=1
>
>
>
>
>
>
>
>
>



-- 
"In life we meet extraordinary people who follow us wherever we may go" -
Trisha Nagpal
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