Parliament endorses UN Declaration on Indigenous Peoples

Opposition parties approve declaration despite position taken by Harper government

Ottawa (15 April 2008) – The National Union of Public and General Employees (NUPGE), along with many Indigenous peoples’ organizations and human rights groups, are welcoming a decision by Canadian MPs to endorse the United Nations Declaration on the Rights of Indigenous Peoples.

The declaration was adopted by the UN General Assembly on September 13, 2007 in a historic vote by an overwhelming majority of member states. Canada was one of only four states to oppose the declaration. The government of Stephen Harper has since claimed that the declaration is not applicable in Canada. According to Amnesty International, this claim has no legal basis and is unprecedented in Canada’s foreign and domestic policy.

Despite the Harper government’s opposition, a majority of MPs from the opposition parties voted April 8 in favour of a resolution to endorse the declaration as adopted by the UN and calling on parliament and the government of Canada to “fully implement the standards contained therein.”

The UN declaration affirms minimum human rights standards necessary for the “survival, dignity and well-being of the Indigenous peoples of the world.” These include the right of self-determination, protections from discrimination and genocide, and recognition of rights to lands, territories and resources that are essential to the identity, health and livelihood of Indigenous peoples. The declaration also explicitly requires that all provisions are to be balanced with other rights protections and interpreted in accordance with principles of justice, democracy, non-discrimination, good governance and respect for the human rights of all.

James Clancy

Last month NUPGE expressed concern over the refusal of the Harper government to support the declaration, noting that it represented a reversal from previous positions held by Canada at the UN.

"It really is outrageous," said NUPGE President James Clancy.

"Canada's opposition to the declaration goes against the principles of justice, equality and fairness that this country is committed to upholding. Perhaps Prime Minister Harper could look to the example of the new Australian government for some true leadership and support the declaration," he said.

“Despite the Harper’s government’s opposition, we appreciate the fact that the majority of Members of Parliament were prepared to do the right thing and endorse the declaration.”

During the House of Commons debate over the resolution, Conservative government spokespersons claimed that the declaration would undo centuries of Canadian treaties with Indigenous peoples.

“This government’s latest arguments against the declaration show just how ridiculous their position has become,” says Chief Wilton Littlechild, international chief for Treaty Six. “The UN declaration explicitly states that treaties and other agreements with Indigenous peoples are to be honoured and respected. I worked with Canadian diplomats to draft the treaty provisions in the declaration. We just want the Canadian government to live up to that promise.”

Human rights declarations become universally applicable upon their adoption by the UN General Assembly, regardless of how individual states vote. Indigenous peoples and human rights organizations hope that today’s vote will have a positive impact on Canada’s domestic and foreign policy.

“The Canadian government’s unreasonable opposition to the UN declaration has undermined Canada’s influence on the international stage,” says Alex Neve of Amnesty International Canada. “Now that Parliament’s official position is to support and implement the declaration, we hope that the government will take advantage of this opportunity to restore Canada’s reputation for principled support of international human rights standards.” NUPGE