CCG - Mobile Justice - Mar 2010 - Aboriginal

United Nations Declaration on the Rights of Indigenous Peoples: A Blueprint for Reconciliation
By Jennifer Preston

On September 13, 2007 the United Nations General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples by a margin of 144-4 (11 abstentions). This marked the end of a struggle that began more than 20 years ago. It also signified the beginning of a new journey—the implementation of this historic universal human rights instrument.

The Declaration provides tools for new relationships between states and indigenous peoples. As UN Secretary-General Ban Ki-moon emphasized:

The Declaration is a visionary step towards addressing the human rights of indigenous peoples. It sets out a framework on which states can build or rebuild their relationships with indigenous peoples. The result of more than two decades of negotiations, it provides a momentous opportunity for states and indigenous peoples to strengthen their relationships, promote reconciliation and ensure that the past is not repeated.

There are over 370 million indigenous people worldwide. Indigenous peoples urgently require international affirmation and protection of their human rights. Their rights are routinely trampled by governments, even when these rights are entrenched in domestic laws. Despite having previously played a positive role in building international support for this human rights instrument, Canada was one of only four states to oppose the Declaration.

The Declaration is the most comprehensive international instrument addressing the rights of indigenous peoples. It recognizes their distinct identities and cultures, and the rights to lands, territories and natural resources that are critical to their ways of life. The Declaration affirms that indigenous peoples, like all peoples, have the human right of self-determination.

The Declaration also explicitly requires that its provisions be balanced with other rights protections. Every provision must be interpreted in accordance with principles of justice, democracy, equality, non-discrimination, good governance and respect for the human rights of all.

The final adoption did not come easily. There were many times in the history of the Declaration that it seemed impossible to produce a text that both states and indigenous peoples could support. Of the four states that voted against the Declaration, Australia has since reversed its position and endorsed, and both the United States and New Zealand have indicated that they are in the process of reviewing their position. This leaves Canada increasingly isolated as the lone opponent in the world community. Such conduct is inconsistent with the purposes and principles of the Charter of the United Nations that require states to "achieve international cooperation . . . in promoting and encouraging respect for human rights . . . for all without distinction".

As a member of the Human Rights Council (2006-2009), Canada accepted the commitment to "uphold the highest standards in the promotion and protection of human rights." In view of its actions to oppose the Declaration, Canada's commitment to international human rights is being seriously questioned by indigenous peoples, states, and human rights organizations. Canada's lack of support has been publicly criticized by the then High Commissioner for Human Rights, Louise Arbour, a former Canadian Supreme Court Justice. Yet the Canadian government continues to issue erroneous information to mislead Canadians.

At international forums, Canada has sought to distance itself from this human rights instrument, noting that the Declaration "has no legal effect in Canada". This statement is simply not accurate, regardless of whether Canada voted against it or not. Canadian courts are free to rely upon declarations and other international instruments in interpreting human rights in Canada—and have done so on many occasions. The government's statement has no precedent in Canada. If states could "opt out" of human rights standards by voting against them, even when the overwhelming majority of the world community has given support, the UN system would be severely undermined. The essential principle of international cooperation would be unjustly impacted.

Human rights declarations become universally applicable, particularly upon their overwhelming adoption by the UN General Assembly and regardless of how individual states vote. To claim that countries should be exempt from principles and standards they vote against flies in the face of six decades of Canadian human rights advocacy at the United Nations. It sets a dangerous example for other countries of the world.

On April 8, 2008 the Canadian House of Commons adopted a motion to endorse the UN Declaration, calling on Parliament and the Government of Canada to "fully implement the standards contained therein." Unfortunately the current minority government did not support this motion, and has undemocratically ignored it.

In May 2008 an Open Letter was issued, endorsed by more than 100 experts in the fields of indigenous rights and constitutional and international law. In regard to the Declaration, the Letter urges the government of Canada "to cease publicizing its misleading claims and, together with Indigenous peoples, actively implement this new human rights instrument".

It is important for all Canadians to engage with the Declaration, and support the human rights of indigenous peoples. Implementation of the Declaration will be an important challenge. The international community would not have invested decades in the development of this essential instrument, if the goal was to endorse the status quo.

To engage personally with implementation, I encourage you to read it and inform yourself. Write letters to the editor of your paper. Contact your representatives in government. Take it to your child's school. Engage with justice issues—are rights being violated? Hold your government and corporations accountable.

The Declaration is an essential catalyst for achievement and well-being. On a global basis, it is generating renewed hope. As an integral part of the reconciliation process, it is critical that Canada demonstrate respect for the human rights of Indigenous peoples. A first step would be to embrace the UN Declaration on the Rights of Indigenous Peoples.

To receive pocket sized copies of the Declaration in English or French, please contact qaac@quaker.ca or tel 416.920.5213.

© 2010 Committee for Contact with the Government. All rights reserved.

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