The UN for the Declaration of the Rights of Indigenous Peoples Finally Signed by Canada

The United Nations Declaration on the Rights of Indigenous Peoples adopted on September 13th 2007, which ‘establishes a universal framework of minimum standards for the survival, dignity, well-being and rights of the world’s indigenous peoples’ [1] was finally signed by Canada on November 12th, 2010. [2] Canada has unashamedly hailed itself as being a protector of human rights. The truth is that Canada has an embarrassing human rights record and this signing can be seen as a pivotal moment in Canadian history. Canada has continually missed the mark by failing to address Aboriginal concerns and grievances. Often times, we as Canadians pride ourselves in upholding tenets of human rights and conservation of freedom. When we speak of human rights violations, images of the developing countries and the “others” over “there” come to our minds; seldom do we think of the grave injustices committed against people right here. Considering the reluctance and at times, inaction of the Canadian government to address human rights concerns, it is important to reflect upon the history of the struggle of Aboriginals in Canada [3]and upon the effect of signing the Declaration.

The Canadian Constitution states that there are three founding nations of Canada. They are the French, British and First Nations; however, the latter is not equally recognized in Canadian history schoolbooks. In my view, it is safe to say that a good number of Canadians tend to think that Canada is destitute of racism, violence and human rights atrocities. [4] This line of thinking can be traced back to an incomplete understanding of Canadian history. Canadian history has commonly been taught with a biased viewpoint that has categorized Aboriginals as inferior. [5] Racism against Aboriginal peoples can be linked to a colour-blind educational system that indiscriminately approaches Canadian history. [6] By taking an honest look and educating ourselves on the entire picture of Canadian history, we prevent ourselves from being drawn away by our own preconceptions and labels. As said by Dr.Emma LaRocque:

“Many Canadians still remain unaware or apathetic about the history and nature of colonization and racism. Canadians have not dealt with racism effectively or always compassionately. Many continue to deny that racism even exists, blaming Aboriginal peoples for their socio-economic marginalization. We must all be vigilant to ensure that the ideals of the Canadian Charter of Rights and Freedoms are put into practice, both in everyday life and in our social and institutional arrangements.” [7]

Since we are not properly educated about our own history, we are limited in our view of how we see each other and communicate over the gap of detachment and misapprehension.  It is my opinion that we are seldom invited to challenge what we have learned about Canadians being “moral subjects”, “peacekeepers” and “humanitarians,” [8] nor encouraged to critically reflect upon the many disseminated supposed “truths” about who we think we are. Due to a lack of knowledge, we often fail to recognize or effectively approach the pressing need of addressing human rights issues in this very country. By being well-versed in the complete history of Canada – absent the omission of unpleasant portions – we will be better able to dispel colonialist stereotypes and change the way we see ourselves.

Canada has continuously failed to address the systematic racism and violence running throughout Aboriginal communities and in the judicial system. For instance, as said by FAFIA spokesperson Sharon McIvor:

“Canada is the home of serious violations of the human rights of Aboriginal women and girls. The disappearances and murders of 520 Aboriginal women and girls have now been documented by the Native Women’s Association of Canada (NWAC). About half of these disappearances and murders have occurred since 2000. But the Government of Canada has not taken effective steps to address the failures of both police and governments to protect Aboriginal women and girls from violence and to investigate that violence promptly and effectively when it occurs.” [9]

From the state-sanctioned violence and cultural genocide of residential schools to the inaction in addressing issues of violence in Aboriginal communities, the Canadian government’s apathy has been clearly demonstrated. The plight of Aboriginal peoples in Canada is as real and ever-present as they were in the past.

The repercussions of the past have survived the wiles of time and have left long-lasting effects on First Nations.  Aboriginals are still criminalized and treated as lower-ranking citizens, some living in third world conditions in our developed country. Moreover, their right to self-determination and mobility rights as guaranteed under section 6 of the Charter of Rights and Freedoms of Canada has been infringed (as during the Oka crisis). [10] In the past, the lands of Aboriginals were stolen away in the name of civilization and “overcoming primitive peoples.” [11] Currently, the taking away of lands has been repackaged in order to further progress. Unequal access to employment, services and activities is widespread. Discrimination has subjugated and marginalized Aboriginal peoples in this country, and they have thus been placed in the lower socio-economic brackets of society.

Since we, as Canadians, claim to be proud of our diversity of peoples and history, that pride should be evident in the way in which we treat each other. Signing the declaration can be seen as Canada attempting to communicate over the gap of detachment and misapprehension. Minister of Indian and Northern Affairs, John Duncan said “Canada has endorsed the Declaration to further reconcile and strengthen our relationship with Aboriginal peoples in Canada.” [12] We must make certain that words be accompanied by action; we should not settle for mere theoretical human rights rhetoric in a country where such appreciation for diversity is not necessarily always reflected in Canadian society. The signing of the Declaration says that Canada hears the concerns of Aboriginals as outlined in the Declaration; as such, it is a chance for the Canadian government to work cooperatively with the Aboriginal Peoples to help alleviate what is not just an Aboriginal issue, but a Canadian issue. As we speak of human rights, we must also ensure that Aboriginal rights do not get pushed aside into the background of the dialogue, here and abroad.

Although Canada has signed this non-binding declaration, I hope that it is a step forward towards cooperatively addressing human rights issues with Aboriginals and respecting the tenets set forth in the Declaration. This is an opportunity for Canada to demonstrate to the rest of the world how to live up to the assertion of being a model of human rights in a new, collaborative way.

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[1] http://www2.ohchr.org/english/issues/indigenous/declaration.htm

[2] http://www.amnesty.ca/themes/indigenous_overview.php

[3] Aboriginal peoples of Canada: A demographic profile. 2001. Statistics Canada.

[4] Edited by Walker, Barrington. The History of Immigration and Racism in Canada. 2008 Toronto, Ontario: Canadian Scholars Press Inc; Jacobs, Beverley. (2004). Stolen Sisters: Discrimination and Violence Against Indigenous Women in Canada . Ottawa: Amnesty International

[5] Hatcher, Annamarie and Cheryl Bartlett, ‘Two-Eyed Building Cultural Bridges for Aboriginal Students’.

[6] Graveline, Fyre Jean. (1998).’Circle Works: Transforming Eurocentric Consciousness.’Halifax. Fernwood Publishing.

[7] http://www3.onf.ca/enclasse/doclens/visau/index.php?print&mode=theme&language=english&theme=30662&film=16933

&excerpt=612109&submode=about&expmode=2

[8] Sherene Razack, “Savage Wars of Peace” and “Acting Morally in the New World Order: Lessons from Peacekeeping” in Dark Threats and White Knights: The Somalia Affair, Peacekeeping and the New Imperialism (Toronto: University of Toronto Press, 2004) at 2-10, 12-14, 153-166.

[9] http://www.nupge.ca/content/canada-ignores-human-rights-women-says-fafia

[10] http://www.canlii.org/en/ca/charter_digest/index.html

[11] Supra note 7.

[12] http://www.digitaljournal.com/article/300206

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