Canada endorses ‘aspirational’ UN Declaration

OTTAWA – Canada endorsed the U.N. Declaration on the Rights of Indigenous Peoples Nov. 12, calling it “an aspirational document” that provides an opportunity for the government to “continue working in partnership with aboriginal peoples in creating a better Canada.”

Reversing its vote against adopting the Declaration at the U.N. General Assembly in New York Sept. 13, 2007, Canada said it “reaffirms its commitment to promoting and protecting the rights of indigenous peoples at home and abroad.”

That commitment is not unrestricted, however. Indian and Northern Affairs Canada, which issued the announcement, also said the Declaration will not take priority over the country’s laws or treaties with First Nations.

“The Declaration is an aspirational document which speaks to the individual and collective rights of indigenous peoples, taking into account their specific cultural, social and economic circumstances,” according to INAC. But, “the Declaration is a non-legally binding document that does not reflect customary international law nor change Canadian laws.”

Assembly of First Nations Chief Shawn A?in?chut Atleo welcomed the endorsement as a positive step forward.

“Today marks an important shift in our relationship and now the real work begins,” said Atleo, a hereditary chief from Ahousaht First Nation.

“Now is our time to work together towards a new era of fairness and justice for First Nations and a stronger Canada for all Canadians, guided by the Declaration’s core principles of respect, partnership and reconciliation. First Nations have worked long and hard to set out constructive and effective approaches and to abandon the colonial relationship embodied in the Indian Act that has held back our people and this country. We are ready to move now – today – on our key priorities including education.”

In a teleconference, Atleo said he had planned to attend the National Congress of American Indians annual conference Nov. 15 – 19, but stayed in country to address the issues surrounding the endorsement. He expressed admiration for President Barack Obama’s initiative in holding a summit with Indian leaders last November.

“I think that was a demonstration of real political leadership. I noted that NCAI President Jefferson Keel said that the meeting resulted in a really positive shift in the relationship of tribal leaders and the American administration. We’re suggesting that Prime Minister Stephen Harper do similarly what Obama did and meet directly with the tribal nations from across Canada and that that happens very soon so we can chart a way jointly to build on the endorsement of the Declaration,” Atleo said.

He also seeks a closer relationship with Indian leaders in the U.S.

“There is a need in my view for tribal leaders in the U.S. and First Nations in Canada to work very closely together.”

The following day, Atleo launched a blog to engage “First Nation citizens, communities and all Canadians in thoughtful conversation, discussion and debate on improving the lives of First Nations.”

While the endorsement was widely seen as positive, some indigenous citizens both in Canada and the U.S. expressed skepticism about the government’s timing and intent.

“The Declaration is not perfect, but it’s still very good,” said Kenneth Deer, a Mohawk resident of Kahnawake, journalist and consultant who worked for years on the Declaration at the U.N. Permanent Forum on Indigenous Issues.

But he took issue with Canada’s assertion that the Declaration has to be “consistent” with Canadian law.

“The issue we have is what if Canadian law is racist and discriminatory? Does that mean Canadian law will still take precedence?” Deer said.

Although it may be technically true that the Declaration, as Canada said, is “non binding,” many of its articles concerning human rights – such as the right to self-determination – appear in other instruments of international law that are binding and to which Canada is a signatory, Deer noted.

“It was clear that Canada would put that kind of provision in its announcement. But nevertheless, we’re still very happy with the endorsement because even though they’re calling it an aspirational document, it still puts moral pressure on the government to live up to the ideals of the Declaration and it’s a tool for indigenous peoples to use for themselves to help define what their own rights are,” he said.

The government’s decision to endorse the Declaration at this time may be an attempt at face-saving. Last month, Canada for the first time ever lost an election for a seat on the U.N. Security Council.

“That was very embarrassing for the Canadian government. Canada used to have the reputation of being fair-minded and other states could depend on it, but now it’s too married to America and Israel. Canada was supportive of the Declaration and encouraged other governments to support it until the Conservative government came in and voted against it on ideological grounds,” Deer said.

Harper, a Conservative, won a minority government in 2006 and a larger minority government in 2008.

“As indigenous peoples it’s up to us to hold Canada’s feet to the fire on this Declaration. I’m cautiously optimistic. I’m not doing cartwheels, but we have to use it in the most positive way to advance the rights of indigenous peoples,” Deer said.

Peter Vicaire, a fellow at the University of Michigan Indigenous Law Center, had a different take.

In an article posted on the Turtle Talk blog, Vicaire wrote, “Wow. Big news out of Canada. Or is it? Call me a skeptic, call me a cynic, but something just doesn’t feel right with Prime Minister Harper’s perfect 180-degree half-pirouette on this issue.”

Perhaps most telling, Vicaire notes, is “Of the 16 paragraphs contained in it, 13 contain material which boasts of Canada’s alleged, already existing actions, progress, progressive policies, and honorable commitment to the aboriginal people within the borders of Canada. Thus, it seems, Canada’s endorsement of the U.N. Declaration of the Rights of Indigenous Peoples is rather, an endorsement of the way things are in Canada, not the way things should be.”

By Gale Courey Toensing

Today staff

OTTAWA – Canada endorsed the U.N. Declaration on the Rights of Indigenous Peoples Nov. 12, calling it “an aspirational document” that provides an opportunity for the government to “continue working in partnership with aboriginal peoples in creating a better Canada.”

Reversing its vote against adopting the Declaration at the U.N. General Assembly in New York Sept. 13, 2007, Canada said it “reaffirms its commitment to promoting and protecting the rights of indigenous peoples at home and abroad.”

That commitment is not unrestricted, however. Indian and Northern Affairs Canada, which issued the announcement, also said the Declaration will not take priority over the country’s laws or treaties with First Nations.

“The Declaration is an aspirational document which speaks to the individual and collective rights of indigenous peoples, taking into account their specific cultural, social and economic circumstances,” according to INAC. But, “the Declaration is a non-legally binding document that does not reflect customary international law nor change Canadian laws.”

Assembly of First Nations Chief Shawn A?in?chut Atleo welcomed the endorsement as a positive step forward.

“Today marks an important shift in our relationship and now the real work begins,” said Atleo, a hereditary chief from Ahousaht First Nation.

“Now is our time to work together towards a new era of fairness and justice for First Nations and a stronger Canada for all Canadians, guided by the Declaration’s core principles of respect, partnership and reconciliation. First Nations have worked long and hard to set out constructive and effective approaches and to abandon the colonial relationship embodied in the Indian Act that has held back our people and this country. We are ready to move now – today – on our key priorities including education.”

In a teleconference, Atleo said he had planned to attend the National Congress of American Indians annual conference Nov. 15 – 19, but stayed in country to address the issues surrounding the endorsement. He expressed admiration for President Barack Obama’s initiative in holding a summit with Indian leaders last November.

“I think that was a demonstration of real political leadership. I noted that NCAI President Jefferson Keel said that the meeting resulted in a really positive shift in the relationship of tribal leaders and the American administration. We’re suggesting that Prime Minister Stephen Harper do similarly what Obama did and meet directly with the tribal nations from across Canada and that that happens very soon so we can chart a way jointly to build on the endorsement of the Declaration,” Atleo said.

He also seeks a closer relationship with Indian leaders in the U.S.

“There is a need in my view for tribal leaders in the U.S. and First Nations in Canada to work very closely together.”

The following day, Atleo launched a blog to engage “First Nation citizens, communities and all Canadians in thoughtful conversation, discussion and debate on improving the lives of First Nations.”

While the endorsement was widely seen as positive, some indigenous citizens both in Canada and the U.S. expressed skepticism about the government’s timing and intent.

“The Declaration is not perfect, but it’s still very good,” said Kenneth Deer, a Mohawk resident of Kahnawake, journalist and consultant who worked for years on the Declaration at the U.N. Permanent Forum on Indigenous Issues.

But he took issue with Canada’s assertion that the Declaration has to be “consistent” with Canadian law.

“The issue we have is what if Canadian law is racist and discriminatory? Does that mean Canadian law will still take precedence?” Deer said.

Although it may be technically true that the Declaration, as Canada said, is “non binding,” many of its articles concerning human rights – such as the right to self-determination – appear in other instruments of international law that are binding and to which Canada is a signatory, Deer noted.

“It was clear that Canada would put that kind of provision in its announcement. But nevertheless, we’re still very happy with the endorsement because even though they’re calling it an aspirational document, it still puts moral pressure on the government to live up to the ideals of the Declaration and it’s a tool for indigenous peoples to use for themselves to help define what their own rights are,” he said.

The government’s decision to endorse the Declaration at this time may be an attempt at face-saving. Last month, Canada for the first time ever lost an election for a seat on the U.N. Security Council.

“That was very embarrassing for the Canadian government. Canada used to have the reputation of being fair-minded and other states could depend on it, but now it’s too married to America and Israel. Canada was supportive of the Declaration and encouraged other governments to support it until the Conservative government came in and voted against it on ideological grounds,” Deer said.

Harper, a Conservative, won a minority government in 2006 and a larger minority government in 2008.

“As indigenous peoples it’s up to us to hold Canada’s feet to the fire on this Declaration. I’m cautiously optimistic. I’m not doing cartwheels, but we have to use it in the most positive way to advance the rights of indigenous peoples,” Deer said.

Peter Vicaire, a fellow at the University of Michigan Indigenous Law Center, had a different take.

In an article posted on the Turtle Talk blog, Vicaire wrote, “Wow. Big news out of Canada. Or is it? Call me a skeptic, call me a cynic, but something just doesn’t feel right with Prime Minister Harper’s perfect 180-degree half-pirouette on this issue.”

Perhaps most telling, Vicaire notes, is “Of the 16 paragraphs contained in it, 13 contain material which boasts of Canada’s alleged, already existing actions, progress, progressive policies, and honorable commitment to the aboriginal people within the borders of Canada. Thus, it seems, Canada’s endorsement of the U.N. Declaration of the Rights of Indigenous Peoples is rather, an endorsement of the way things are in Canada, not the way things should be.”