Statement by Congress of Aboriginal Peoples National Chief Patrick Brazeau
on the adoption of the
United Nations Declaration on the Rights of Indigenous Peoples
(New York, September 13, 2007) Today, at the United Nations General Assembly, member states overwhelmingly approved the Declaration on the Rights of Indigenous Peoples. One-hundred and forty-three countries voted in favour, with four voting against it, including Canada.
The Declaration has been under discussion and in negotiation for over twenty years. During this time, Canada and many of the world’s Indigenous Peoples have been active participants.
In the last three years leading to the conclusion of the negotiations, Canada cooperated very actively in the Working Group, along with national Aboriginal groups from Canada. Representatives from the Canadian government played a very constructive role in reaching a compromise position. This is one of the key reasons the Congress of Aboriginal Peoples (CAP) has supported the UN Declaration on the Rights of Indigenous Peoples.
It is with concern that CAP noted the change of position and attitude of Canada at the Human Rights Council. CAP is disappointed that Canada decided to vote against the declaration at the General Assembly. The Congress believes this is not “the Canadian way”, especially in respect of issues dealing with human rights.
However, we understand Canada’s concerns. These include issues with rights to land and resources; the notion of free, prior and informed consent, in particular, on military activities; third-party interests such as private ownership rights; and the fact that the Declaration can and will be used in courts by Aboriginal groups from Canada.
The Declaration is a forward-looking document that gives principles and standards to help guide the relationship between States and Indigenous peoples.
We believe, however, that Canada had other options. By taking such a radical position, Canada voted against the whole declaration. Evidence of this can be found in Canada’s statement at the General Assembly, as articulated by its Ambassador to the United Nations, John McNee: “For clarity, we also underline our understanding that this Declaration is not a legally binding instrument. It has no legal effect in Canada and its provisions do not represent customary international law.”
CAP believes that there were other options: Canada could have supported the Declaration with an explanation of its vote, with reservations, just as other member countries did. Alternatively, Canada could have abstained, with an explanation of its vote.
Despite this, the Congress of Aboriginal Peoples remains committed to working with Canada on any process either at the United Nations or at home, that can achieve common ground in the protection, without discrimination, of fundamental Aboriginal Human Rights in Canada.
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For further information, please contact:
Al Fleming
Director
Public Affairs
613-747-6022 (office)
613-867-8696 (mobile)
al@abo-peoples.org
