UNDRIPrb

Conservative Party of Canada in the Senate and the House of Commons for refusing to allow passage of Bill C-292 “An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples

Why?
June 21, 2019 – On National Indigenous Peoples Day, the conservatives in the Senate effectively killed “Bill C-292 – An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples” The Conservative Party in the House of Commons had previously opposed passage of UNDRIP that was nevertheless passed in the House of Commons by a vote of 206 vs 79 
Comment
The UN Declaration, which provides the minimum standards for the survival, dignity and human rights of Indigenous peoples and framework for reconciliation, has been voted on and approved on four occasions by the United Nations General Assembly since its initial introduction on Sept. 13, 2007 where the only opposition was from Canada, the United States, Australia and new Zealand: colonial countries with large Indigenous populations. Only Canada out of the 148 countries with voting rights now has no current plans for UNDRIP.
Potential Solution
Sept. 13, 2019 – “The Coalition for the Human Rights of Indigenous Peoples” (www.declarationcoaliton.ca) has stated: The next session of Parliament must build on this foundation by prioritizing the earliest possible adoption of government legislation that fully reflects or exceeds Bill C-262. Key elements would include:
* Repudiation of colonial laws, policies and doctrines.
* A commitment to work collaboratively with Indigenous peoples in every aspect of implementation of the Declaration.
* A process to reform federal laws, policies and regulations to ensure they meet or exceed the minimum standards set out in the Declaration.
* A commitment to develop a national action plan for collaborative implementation of the Declaration’s provisions.
* A requirement for regular reporting to Parliament so that there is transparency and accountability for the progress made.
The Declaration is not abstract or merely aspirational. It affirms the minimum standards urgently needed to address and heal the harms inflicted on Indigenous peoples by a long history of racist and discriminatory laws, policies, and practices.
mailto:http://nationtalk.ca/story/the-next-session-of-parliament-must-prioritize-protection-and-fulfillment-of-the-human-rights-of-indigenous-peoples

Federal Government for refusal to engage in free, prior and informed consent with Indigenous people in the development of laws and policies that directly impact them

Why?
May 6, 2019 – The Chiefs of Sovereign and Treaty Nations from Treaty 6, 7 and 8 have consistently told Canada, “Nations don’t make laws for other Nations”. Despite numerous attempts to work with the Federal Government, Canada continues to unilaterally develop laws and policies without our right to free, prior and informed consent. Alexander First Nation, Chief Kurt Burnstick
Comment
On behalf of our Nation and three other First Nations, we filed an early warning action with the Committee on Elimination of Racial Discrimination (CERD) against all the unilateral actions of Canada. In December 2018, a letter was sent to Canada asking what steps Canada has taken to protect the rights of our Nations to our free, prior and informed consent in all aspects from legislation to policy changes. CERD gave Canada until the 8th of April 2019 to respond to our UN CERD submission” added Chief Makinaw.
Potential Solution

Conservative Senators for stalling passage of Bill C-262 “An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples” in the Senate

Why?
April 9, 2019 – Conservative Senators prevented Bill C-262 being sent to Committee for review. Passage of Bill C-262 would establish a legislative framework for future governments to work collaboratively with Indigenous peoples to interpret and apply the global human rights standards set out in the 2007 UN Declaration on the Rights of Indigenous Peoples.
Comment
Last year, an overwhelming majority of Members of Parliament voted (206 to 79) to adopt Bill C-262.  No Conservatives supported the bill. The Senate was scheduled to conclude second reading of the Bill yesterday, but a vote to move it to Committee for debate was prevented by two procedural motions by Conservative senators and a question of privilege which interrupted Senate business and left no time to address Bill C-262.
Potential Solution
After more than two decades of deliberation in the United Nations, and more than a decade of political debate in Canada, the opportunity to finally move ahead with concrete, meaningful implementation of the UN Declaration must not be squandered by unprincipled stalling tactics,” said Grand Chief Wilton Littlechild, former Commissioner with the Truth and Reconciliation Commission. Our organizations are calling on Conservative leader Andrew Scheer to ensure that Conservative Senators abandon these unprincipled stalling tactics so that consideration of Bill C-262 can proceed.
See below for a list of organizations who have endorsed the above.
http://nationtalk.ca/story/ubcic-conservative-senators-jeopardize-crucial-human-rights-legislation-indigenous-peoples

Federal, Provincial and Territory governments refusal to accept Aboriginal title as defined by the Supreme Court of Canada

Why?
Feb. 2, 2019 – Continued refusal to accept Aboriginal title as defined by the Supreme Court of Canada in the Delgamuukw decision and the Tsilhqot’in decision. The Supreme Court of Canada similarly recognizes in Delgamuukw that constitutionally protected Aboriginal title is not created by Canadian law; rather, Aboriginal title “arises from the prior occupation of Canada by aboriginal peoples.” (Policy Options Politique)
https://policyoptions.irpp.org/magazines/february-2019/canadas-prove-it-approach-to-aboriginal-title/
Comment
Canada’s Constitution and judgments of the Supreme Court of Canada recognize the pre-existing nature of Aboriginal rights and title, which are interwoven with Indigenous laws and governance. Furthermore, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which both the federal and BC governments have committed to implement, recognizes “the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources.”
Potential Solution

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