Canada and the United Nations Declaration on the Rights of Indigenous Peoples
The reasons why Canada, a nation usually in the forefront on human rights issues, voted against the adoption of the Declaration during the 2007 UN General Assembly vote.
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1 Article 3
Indigenous peoples have the right to self-determination. By virtue of that right
they freely determine their political status and freely pursue their economic, social
and cultural development.
Article 4
Indigenous peoples, in exercising their right to self-determination, have the
right to autonomy or self-government in matters relating to their internal and local
affairs, as well as ways and means for financing their autonomous functions.
Article 5
Indigenous peoples have the right to maintain and strengthen their distinct
political, legal, economic, social and cultural institutions, while retaining their right
to participate fully, if they so choose, in the political, economic, social and cultural
life of the State.
2 The other three countries were Australia, New Zealand, and the United States of America
3 Article 46, Part 2
2. In the exercise of the rights enunciated in the present Declaration, human
rights and fundamental freedoms of all shall be respected. The exercise of the rights
set forth in this Declaration shall be subject only to such limitations as are
determined by law, and in accordance with international human rights obligations.
Any such limitations shall be non-discriminatory and strictly necessary solely for
the purpose of securing due recognition and respect for the rights and freedoms of
others and for meeting the just and most compelling requirements of a democratic
society.
4 Article 26
1. Indigenous peoples have the right to the lands, territories and resources
which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the
lands, territories and resources that they possess by reason of traditional ownership
or other traditional occupation or use, as well as those which they have otherwise
acquired.
3. States shall give legal recognition and protection to these lands,
territories and resources. Such recognition shall be conducted with due respect to
the customs, traditions and land tenure systems of the indigenous peoples
concerned.
5 Article 19
States shall consult and cooperate in good faith with the indigenous peoples
concerned through their own representative institutions in order to obtain their free,
prior and informed consent before adopting and implementing legislative or
administrative measures that may affect them.
6 Ironically, Mrs. Arbour is a former Justice of the Canadian Supreme Court (UN Press Releases 2004).
7 “It appears that the Native Hawaiians and the Zapatistas would not be better protected by Canada.”
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