Discriminatory policies of CANADA
Excerpts from CERD Committee
from the First Peoples Human Rights Coalition

In late February, the policies and actions of the government of Canada were scrutinized in Geneva by the Committee for the Elimination of Racial Discrimination (CERD). The Committee expressed a number of serious concerns. Read the full report (doc)

We have prepared EXCERPTS (in Spanish and in English) from the concluding observations of the CERD Committee regarding the human rights of Indigenous peoples…

COMMITTEE FOR THE ELIMINATION
OF RACIAL DISCRIMINATION
Seventieth session
Geneva, 19 February – 9 March 2007

Concluding observations of the Committee on the Elimination of Racial Discrimination

CANADA

12. The Committee …is concerned about … discrepancies in the level of implementation of the Convention among the provinces.

The Committee underscores once again the responsibility of the Federal Government of Canada for the implementation of the Convention …

14. … the Committee underlines the obligation of the State party to ensure that measures taken in the struggle against terrorism do not discriminate in purpose or effect on grounds of race, colour, descent, or national or ethnic origin. The Committee urges the State party to … to ensure that individuals are not targeted on the ground of race or ethnicity. …

15. … The Committee urges the State party to take the necessary measures to reach a legislative solution to effectively address the discriminatory effects of the Indian Act on the rights of Aboriginal women and children …

17. The Committee notes with concern the reports of adverse effects of economic activities connected with the exploitation of natural resources in countries outside Canada by transnational corporations registered in Canada on the right to land, health, living environment and the way of life of indigenous peoples living in these regions …

… the Committee encourages the State party to take appropriate legislative or administrative measures to prevent acts of transnational corporations registered in Canada which negatively impact on the enjoyment of rights of indigenous peoples in territories outside Canada. In particular, the Committee recommends to the State party that it explore ways to hold transnational corporations registered in Canada accountable. …

19. … the Committee is concerned about the … disproportionately high rate of incarceration of aboriginal peoples compared with the general population …

20. … the Committee remains concerned about serious acts of violence against Aboriginal women, who constitute a disproportionate number of victims of violent death, rape and domestic violence. …

21. … the Committee, recognising the importance of the right of indigenous peoples to own, develop, control and use their lands, territories and resources in relation to their enjoyment of economic, social and cultural rights, regrets that in its report, the State party did not address the question of limitations imposed on the use by Aboriginal people of their land, as previously requested by the Committee. …

… The Committee also once again requests that the State party … fully implement the 1996 recommendations of the Royal Commission on Aboriginal Peoples without further delay.

22. … The Committee is also concerned that claims of Aboriginal land rights are being settled primarily through litigation … due to the strongly adversarial positions taken by the federal and provincial governments …

In line with the recognition by the State party of the inherent right of self-government of Aboriginal peoples … Wherever possible, the Committee urges the State party to engage, in good faith, in negotiations based on recognition and reconciliation, and reiterates its previous recommendation that the State party examine ways and means to facilitate the establishment of proof of Aboriginal title over land in procedures before the courts. …

26. … the Committee is concerned about the difficulties of access to justice for aboriginal peoples …

27. In view of the positive contributions made and the support given by the State party in the process leading up to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Committee regrets the change in the position of the State party in the Human Rights Council and the General Assembly.

The Committee recommends to the State party that it support the immediate adoption of the United Nations Declaration on the Rights of Indigenous Peoples …

Prepared for informational and educational purposes by
First Peoples Human Rights Coalition