When the Truth and Reconciliation Commission of Canada concluded its work almost four years ago, it provided a road map for Canadians to follow. That road map, the 94 Calls to Action, aims to “revitalize the relationship between Aboriginal Peoples and Canadian society” after more than 100 years of the traumatic and systemic removal of Indigenous children from their families.
Call No. 43 underpinned all others, according to the commission. The commission urged federal, provincial and territorial governments to fully implement the United Nations Declaration on the Rights of Indigenous Peoples. They called it “the framework” for all reconciliation measures “at all levels and across all sectors of society.”
It’s extremely rare for international human rights standards to even be mentioned in the Canadian policy debate. However, when Canada voted against the declaration in 2007 at the United Nations, it was the first time that Canada had ever stood in opposition to an international human rights standard.
It remains today the only international human rights standard in Canada up for debate. [To continue reading this article by Sheryl Lightfoot, please click here—The Road to Reconciliation]
Next Session of Parliament Must Prioritize Protection & Fulfillment of the Human Rights of Indigenous Peoples
The Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, and numerous reports by international human rights bodies have all documented the profound and tragic harms that have resulted from Canada’s colonial laws and policies. Ongoing adverse impacts include denial of Indigenous systems of governance, jurisdiction and laws; dispossession of lands, territories and resources; the ongoing tragedy of Indigenous lives brutally cut short; essential opportunities denied to Indigenous children and youth; and the lack of adequate financial and other assistance to maintain and revitalize Indigenous cultures, traditions and languages in the face of continued threats.
All these bodies have called on federal and other governments to heal the harm and build positive relations between Indigenous and non-Indigenous peoples. Canada must act now to fully safeguard and implement the fundamental human rights and protections affirmed in the United Declaration on the Rights of Indigenous Peoples.
In the last session of Parliament, Senate filibustering prevented the passage of Bill C-262, a private member’s Bill that would have established a legislative framework to guide the work of implementing the Declaration. This was despite the fact that Bill C-262 had been debated and adopted by the House of Commons in 2018 and that all parties in the House had subsequently joined in a unanimous, non-partisan motion calling on the Senate to pass Bill C-262 into law.
While our Nations and organizations were profoundly disappointed that the opportunity to adopt this crucial legislation was so cavalierly squandered, an important foundation has been established. The next session of Parliament must build on this foundation by prioritizing the earliest possible adoption of government legislation that fully reflects or exceeds Bill C-262. Key elements would include:
- Repudiation of colonial laws, policies and doctrines.
- A commitment to work collaboratively with Indigenous peoples in every aspect of implementation of the Declaration.
- A process to reform federal laws, policies and regulations to ensure they meet or exceed the minimum standards set out in the Declaration.
- A commitment to develop a national action plan for collaborative implementation of the Declaration’s provisions.
- A requirement for regular reporting to Parliament so that there is transparency and accountability for the progress made.
The Declaration was adopted by the UN General Assembly 12 years ago, on September 13, 2007. The Declaration’s provisions reflect the way that existing human rights protections, including legally binding international treaties, have been interpreted and applied by international and regional human rights bodies. In other words, Canada’s obligation to respect, protect and fulfill the rights affirmed in the Declaration is well-established and concrete measures to implement these provisions are long overdue.
The Declaration is not abstract or merely aspirational. It affirms the minimum standards urgently needed to address and heal the harms inflicted on Indigenous peoples by a long history of racist and discriminatory laws, policies, and practices.
2019 is the International Year of Indigenous Languages. In this important year, we can look to the Declaration for guidance on language rights:
Article 13 affirms the right of Indigenous peoples to “revitalize, use, develop and transmit to future generations their histories, language, oral traditions, philosophies, writing systems and literatures and to designate and retain their own names for communities, places and persons.” Article 14 states that “Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.” The Declaration also calls on states to take effective measures, including through funding and other assistance, to ensure the “full realization” of these rights.
This is merely one example of using the Declaration effectively to guide the promotion and protection of Indigenous peoples’ human rights.
Accordingly, our Nations and Organizations are calling on all candidates in the federal election to commit to:
- Supporting the earliest possible adoption of a federal legislative framework for implementation of the Declaration that, at a minimum, provides the essential implementation measures set out in C-262
- Advocating for adequate, sustained funding for Indigenous peoples’ organizations, including cultural centres working at the community level, to support, reclaim, revitalize and maintain Indigenous languages.
The Coalition for the Human Rights of Indigenous Peoples (www.declarationcoaliton.ca)
This statement was endorsed by the following organizations and individuals:
Amnesty International Canada / Amnistie Internationale Canada
Assembly of First Nations
Assemblée des Premières Nations du Québec et Labrador / Assembly of First Nations of Quebec and Labrador
BC Assembly of First Nations
Canadian Friends Service Committee (Quakers)
First Nations Summit
Grand Council of the Crees (Eeyou Istchee)
Indigenous-Settler Relations, Mennonite Church Canada
Indigenous World Association
KAIROS: Canadian Ecumenical Justice Initiatives
Union of British Columbia Indian Chiefs
Dr. Sheryl Lightfoot, Canada Research Chair of Global Indigenous Rights and Politics, University of British Columbia
Dr. Wilton Littlechild, IPC, former TRC Commissioner.
Dr. Mariam Wallet Aboubakrine, Expert Member, UN Permanent Forum on Indigenous Issues
For more information on implementation of the UN Declaration, please see our factsheets at Declaration Coalition.
- Interpreting the UN Declaration on the Rights of Indigenous Peoples
- Myths and Misrepresentations about the UN Declaration and Bill C-262
- Free, Prior and Informed Consent FAQ
Few people are in greater need of human rights protection than Indigenous peoples. Globally, about 370 million Indigenous people face widespread systemic discrimination, impoverishment, ill health, and dispossession of their lands and resources. Although governments have a duty and responsibility to ensure the welfare and safety of all their citizens, Indigenous peoples are often subject to policies that erode or suppress their rights and distinct cultural identities. Canada is no exception.
Legislation based on the UN Declaration is critical for reconciliation in Canada.
Questions for Candidates:
- Will you commit to the implementation of the UN Declaration of the Rights of Indigenous Peoples in Canada by supporting a government bill as strong as Bill C-262?
- How do you plan to support local First Nation, Métis or Inuit communities?
- How will you create positive change for Indigenous communities?
- How do you plan to empower Indigenous peoples in Canada?
To read more, click here KAIROS ELECTION RESOURCE.
In 2011, I set myself the task of advancing Indigenous rights, as defined by knowledge keepers and elders, into Canadian politics. I introduced a bill, now known as C-262, in two separate parliaments, under different Prime Ministers, and worked with the hundreds of people elected to represent Canadians. Over the past two parliamentary mandates I have been given, I have worked diligently to promote human rights and Indigenous values not just in bill C- 262 but in every piece of legislation that passed my desk.
We need your help today.
Tomorrow, the Senate is set to vote on whether to send Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, to committee for review.
To ensure that the bill passes, we need your help ensuring that all Senators are present and voting in support of the Bill.
Cree Senator Mary Jane McCallum says too much is at stake for Bill C-262 to die on the Senate floor.
The former university professor and long time advocate for Indigenous rights tells APTN News that “by obstructing the vote the senate is feeding into the cycle of manufactured violence toward Indigenous peoples by not providing them the opportunity to move forward in a positive direction.”
For more, read the following article by APTN's Justin Brake—aptnnews.ca/2019/04/18/
Yesterday, April 1st, representatives of various Indigenous and allied groups had a press conference across from Parliament Hill, just as Bill C262 is about to be debated by a Senate committee. Groups were there to urge the Senate to pass the Bill and ensure that the UN Declaration is passed into law. The press release follows:
We wanted to share some news about some of the incredible support this initiative is getting. People all across Canada have begun fasting for the passage of Bill C-262 in the Senate. They are fasting for political leaders to do what’s right - to honour Indigenous rights and to embrace the UNDRIP.