Three articles from Canada demonstrate strong political and public support in Canada for the Declaration on the Rights of Indigenous Peoples, even though the minority Conservative government continues to aggressively oppose its adoption, contrary to its international obligations.

Aboriginal Women Protest Ottawa's Refusal to Back UN Declaration

Published on cbcnews Canada / Montreal

Aboriginal women from across North and South America marched through the Kahnawake reserve south of Montreal on Friday to protest against Ottawa's refusal to adopt the United Nations Declaration on the Rights of Indigenous Peoples.

About 40 women took part in the march following the Fifth Continental Meeting of Indigenous Women of the Americas, which was held this week in the Mohawk reserve.

Hosted by Quebec Native Women Inc., with support from the group Rights and Democracy, the meeting brought together more than 250 women from 17 countries, including Chile, Mexico, Panama, Peru, Nicaragua, Venezuela, the United States and Canada.

Rights and Democracy spokeswoman Marie Léger said the march was meant to send a message to the federal government.

"The indigenous women say, 'We are in Canada. Canada is not supporting the declaration. We really call upon Canada to change its position and support the declaration, because it is very meaningful."

Ellen Gabriel, president of Quebec Native Women, said Canada presents itself as a defender of human rights, but it's not living up to that reputation. "It's kind of hypocritical of Canada not to support this declaration," she said.

Meeting delegates said Canada's Conservative government erred when it announced it would not support the UN declaration, which upholds aboriginal peoples' land rights and ways of life.

The previous Liberal government had endorsed the declaration but Prime Minister Stephen Harper's Conservative government backed away from the UN document.

Only one other country, Russia, has refused to support it at the Human Rights Council.

The indigenous women passed a resolution calling on all nations to back aboriginal rights.

© CBC 2007

Where Perspectives Connect

Juliet O'Neill
CanWest News Service

Saturday, July 14, 2007 OTTAWA - Former prime minister Paul Martin says his Liberal government was prepared to adopt the United Nations declaration on the rights of indigenous peoples, contrary to repeated claims by Conservative Indian Affairs Minister Jim Prentice.

Martin weighed in amid mounting criticism of the Harper government's position in advance of a UN general assembly vote on the declaration, which only Canada and Russia opposed during a UN Human Rights Council vote in June 2006.

Prentice has said the former government, like the current one, had concerns about the impact of the declaration on lawfully negotiated treaty rights.

Martin, however, denies the Liberals resisted the declaration.

"In terms of what the facts were, we supported it." Indeed, said Martin, "not only were we prepared to sign (the declaration), but we were strong advocates of it. We were one of the countries that led in an incredibly lengthy negotiation going back years."

Prentice has also expressed concern the military would not be allowed to conduct evacuations or other operations on aboriginal lands in the event of a crisis or conflict.

But Winnipeg's Celeste McKay, who has represented the Native Women's Association of Canada in declaration negotiations since 2004, dismissed the comments as "fear mongering."

Martin said he does not want to turn any aboriginal issue into a partisan matter. He does, however, want to underline the Harper government's opposition to the declaration is a reversal of the previous government's policy.

"Clearly the current government has its views and it would appear to me that it's unwilling to defend them and say why it would reverse course in the case of the declaration," Martin said.

Prentice, travelling overseas, was not available for comment. However, his spokeswoman, Deirdra McCracken, denied Martin's assertion.

"To be clear: No previous Canadian government has ever supported the document in its current form because the wording is inconsistent with the Canadian Charter of Rights and Freedoms, our Constitution Act, previous Supreme Court decisions, the National Defence Act and policies under which we negotiate treaties."

The minority Conservative government remains unmoved in the face of a flood of criticism.

Moreover, it accuses the Liberal and New Democratic opposition parties of hypocrisy. That's because the opposition parties have obstructed proposed government legislation that would repeal a 30-year-old exemption from the Canadian Human Rights Act for discrimination based on the Indian Act. The 1977 exemption, shielding aboriginal band councils and the federal government, was supposed to be temporary.

The opposition parties say they are supporting aboriginal groups, who worry that band councils could be swamped with discrimination claims they won't have the resources to process or redress, and that individual rights would trump collective rights, which flies in the face of some native community traditions. Opponents agree with the intent of the proposal, but seek more than six months allowed for preparations. The Canadian Human Rights Commission has called for 30 months.

The UN declaration, first conceived in 1985, is frequently described as an "aspirational" document, setting out human rights standards to which states and indigenous peoples should aspire. The aim is to bolster dignity and hope among some of the most marginalized communities in the world.

Prentice has derided the term "aspirational." Referring to the term in a letter to a newspaper, he remarked: "aspirational - whatever that is."

But Martin said it's a term that refers to the evolution of "international conscience and activity."

"What we're following is a tried-and-true course that has actually worked, time and time again," he said, citing the evolution of thinking on climate change as an example.

The three opposition parties, including the Bloc Quebecois, have called for the declaration's adoption.

And critics say that such a strong collective parliamentary opinion should be accorded weight by a minority government.

Liberal Leader Stephane Dion and NDP Leader Jack Layton condemned Harper's stance in speeches at the annual meeting of the Assembly of First Nations last week. And aboriginal leaders, along with Amnesty International and other human rights advocates, vow to press the government to embrace the declaration.

Ottawa Citizen

© CanWest News Service 2007 All rights reserved

NDP Sets Example for Conservatives: Signs U.N. Declaration on Indigenous Human Rights

Published on NDP

HALIFAX—NDP MPs Jean Crowder (Nanaimo-Cowichan), Alexa McDonough (Halifax) and Dennis Bevington (Western Arctic) signed a copy of the UN Declaration on the Rights of Indigenous Peoples, just before a planned vote at the UN that would gut the resolution of key points.

"This declaration outlines the minimum human rights standards necessary for the dignity, survival and well-being of the world's indigenous peoples. It has been under discussion at the United Nations for more than two decades," said Crowder. "First Nations, Métis and Inuit people as well as many NGOs are pressuring Canada to support the Declaration and to ensure its passage during the 61st UN Assembly."

There is a new proposal being voted on soon that would gut the Declaration by allowing states to define "indigenous peoples" in whichever way is most convenient to them. This proposal undermines and calls into question every human right outlined in the original Declaration.

"Ordinary people in Canada have seen first-hand the problems that arise when the government has the power to arbitrarily decide who is and isn't an indigenous person," said Bevington. "The recent BC Supreme Court decision in the McIvor case shows that the government violated human rights by arbitrarily deciding that women couldn't pass on their status to their children. Canada cannot support taking away the right of self-definition from indigenous peoples around the world."

"The Conservatives' decision to not support the Declaration at the Human Rights Council was a stain on our reputation around the world. Canadians played a key role in the negotiation of the Declaration and collaborated with indigenous peoples to draft a number of the provisions that were critical in building support among other states," said McDonough. "The Ministry of Foreign Affairs recommended supporting the Declaration in June 2006 and the Minister of Indian Affairs said no. Who is in charge of our foreign policy?"

"The Conservative government has said many times it supports human rights for Aboriginal people, but failing to support this Declaration would seriously undermine their credibility on human rights, and Canada's reputation on the world stage will be the first casualty of their hypocrisy," said Crowder.

© 2007 New Democratic Party, all rights reserved. Authorized by the registered agent for Canada's NDP.