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2004 Vote for Equality - Home
> Issues > Aboriginal Rights
Factsheet
on Aboriginal Rights
What is the Royal Commission on Aboriginal Peoples,
and what did it conclude?
The Royal Commission
on Aboriginal Peoples was struck in 1991, as part of a deal to end
the armed conflict between Mohawks and the Canadian army at Oka, Quebec.
It was the longest, most expensive public commission in Canadian history.
The Commission's mandate was formed around one question: What are
the foundations of a fair and honourable relationship between the
Aboriginal and non-Aboriginal peoples of Canada?
In 1996, after
five years of study, the Commission released its six- volume, 4,300
page report, with 440 recommendations. The report concludes that the
federal government's official policy of assimilation has failed and
cannot continue, and that under the current structure a just settlement
of Aboriginal land and treaty rights is impossible.
The Commission
calls for a new political and social relationship between Aboriginal
peoples and the rest of Canada that is grounded in four ethical principles:
nation-to-nation recognition of governments, culture, jurisdiction
and commitments; mutual respect; sharing of lands, resources and power;
mutual responsibility.
One of the report's
key themes is that governments provide Aboriginal peoples with control
over lands and natural resources "that are sufficient in size
and quality to foster Aboriginal economic self-reliance and cultural
and political autonomy". The federal government's immediate response
was that it could not afford to not implement the Commission's key
recommendations, and it was quietly shelved.
What is the UN Draft Declaration on the Rights of Indigenous Peoples?
The United Nations
has developed a number of legally binding human rights treaties and
conventions to protect the peoples' rights, and to promote respect
for the equality and fundamental dignity of all individuals and peoples.
Indigenous peoples
are entitled to the same human rights as other peoples, but too often
their rights are violated or ignored.
The Declaration
on the Rights of Indigenous Peoples was drafted by a group of UN human
rights experts as a first step towards a treaty or convention to improve
international protection for Indigenous peoples. The UN proclaimed
the International Decade of the World's Indigenous Peoples in December
1994. A key goal of the decade was the ratification of the draft Declaration
on the Rights of Indigenous Peoples. However, as we near the end of
the Decade, consensus has been reached on only 2 of the Declaration's
45 articles.
What is Canada's position on the Draft declaration?
Canada's position
on the draft Declaration is inconsistent, and has hampered negotiations
towards its ratification. Although it claims to support Indigenous
rights, Canada continues to ally itself with those countries that
resist the recognition of those rights. Instead of working with Indigenous
organizations to
ensure ratification
of the Declaration, Canada is calling for revisions that would undermine
Indigenous rights to land and resources, and self-determination. A
strong stand by Canada in support of the current draft Declaration
would significantly enhance its chances of being ratified.
Questions
for Candidates in the Federal Election
- Will
your government implement the RCAP recommendations for fundamental
changes in our relationship with Aboriginal peoples, and more control
by Aboriginal peoples over their lands and resources?
-
Will your government take steps to ensure ratification of the draft
Declaration?
-
Will you work with Aboriginal experts and organizations and oppose
changes to the Declaration that are inconsistent under international
law and that discriminate against Indigenous peoples?"
Source: KAIROS Education and Action Campaign 2004-2005
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created May 25, 2004
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