UN Committee urged to examine discrimination against Indigenous peoples
Canada’s human rights record to be reviewed in Geneva
News release Amnesty International Canada – 16 February 2012
On February 22 and 23, Canada’s record on combating discrimination will be examined by a high
level body of the United Nations. The Committee on the Elimination of Racial Discrimination (CERD)
is the independent expert body that monitors compliance with the international treaty of the same
name. Link to upcoming session
As a signatory to the Convention, Canada is required to report regularly to the Committee on
measures taken to comply with its provisions. Key issues concerning the rights of Indigenous
peoples were glossed over or ignored in Canada’s report.
More than 35 Indigenous nations, regional and national Indigenous peoples’ organizations, human
rights and social justice organizations have filed their own alternative reports.
The submissions cover a wide range of urgent concerns including violence against Indigenous
women, extractive industries on Indigenous lands, the high rates of incarceration of Indigenous
peoples, protection of Indigenous peoples’ economic, social and cultural rights, implementation
of the UN Declaration on the Rights of Indigenous Peoples and Canada’s actions in the international
arena to undermine the Declaration and others standards for the protection of Indigenous rights.
More than 15 Indigenous Nations and organizations will be sending representatives to participate
in the process and speak directly to CERD members about their concerns.
“Indigenous peoples in Canada face widespread discrimination and denial of our fundamental
rights, including unacceptable living standards faced by far too many of our families and
communities, the disappearance and murder of hundreds of Indigenous women, threats to our
languages and cultures and the ongoing failure to recognize and uphold our Aboriginal and Treaty
rights, including our rights to lands, territories and resources,” said Grand Chief Matthew Coon
Come of the Grand Council of the Crees (Eeyou Istchee). “International attention is needed because
the government of Canada is failing to meet its domestic and international legal obligations address
these urgent human rights concerns.”
The Committee urges states to consult with Indigenous peoples’ organizations and NGOs before
making their reports. However, Canada’s latest report to the Committee was submitted without
consultation or the involvement of Indigenous peoples and human rights organizations.
“It’s important that the Committee hear from Indigenous peoples because Canada’s report contains
so many crucial gaps and omissions,” said Danika Littlechild, legal counsel for the International
Indian Treaty Council, which coordinated a joint shadow report with 11 other Nations and organizations.
Although Canada is currently before the Federal Court in a landmark human rights complaint over
discrimination in the funding of services to First Nations children on reserve, Canada’s report to the
Committee makes no mention of this case.
“The situation of First Nations children is just one example of the kinds of urgent issues that
deserve close scrutiny because Canada is not living up to the legal commitments it made in ratifying
the Convention and other international human rights instruments,” said Teresa Edwards of the
Native Women’s Association of Canada.
When the Committee last reviewed Canada in 2007, it expressed concern over Canada’s processes
for settlement of Aboriginal land claims. Robert Morales, Chief Negotiator for the Hul’qumi’num
Treaty Group, said, “Canada continues to fail to meet its international obligations to respect
Indigenous land rights under conditions of equality, and Canadian negotiation and litigation
processes continue to pose extreme hurdles to indigenous peoples’ efforts to protect, title, and
demarcate their traditional lands.”
Canada also failed to respond to direct questions from the Committee’s last review, including a
request to report back on measures to hold Canadian corporations accountable for their activities
on the lands of Indigenous peoples in other countries. Submissions include testimonies from
Indigenous peoples in the US, Mexico and Guatemala experiencing human rights violations by
Canadian mining companies operating in their homelands.
Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs said, “Canada’s endorsement
of the UN Declaration on the Rights of Indigenous Peoples loses its meaning when the government
repeatedly takes action that devalues this human rights instrument in Canada and internationally.”
“UN level review processes like the upcoming CERD hearings play a crucial role in ensuring
that all states live up to their human rights obligations,” said Craig Benjamin of Amnesty
International. “Canada must show leadership in taking the process seriously. That means giving
meaningful and urgent attention to the concerns that are being brought forward by Indigenous
peoples and to the UN recommendations that will come out of this process.”
Amnesty International Canada /Amnistie Canada -Assembly of First Nations – Canadian Friends Service Committee
(Quakers) – First Nations Summit Grand Council of the Crees (Eeyou Istchee) – Indigenous World Association International
Indian Treaty Council (IITC) – KAIROS: Canadian Ecumenical Justice Initiatives – Kanehsatake Cultural Center National
Association of Friendship Centres – Native Women’s Association of Canada – Treaty Four First Nations – Union of British
Columbia Indian Chiefs
Leave a Reply