Tag: UNDRIP

  • Urgent Situation Report on Humanitarian Crisis in Canada

    This blog post is not an official report, but is modeled off situation reports from international groups and organizations about specific crises in other countries. Canada portrays itself as a model nation but always hides the darker side of the historic genocide perpetrated on Indigenous peoples and the aggressive assimilatory actions it is taking currently — which only serve to make poverty in First Nations much worse I. Highlights – Children in care crisis – 40% of children in care in Canada (30,000) are Indigenous children; – Over-incarceration crisis – 25-30% of prison populations are Indigenous and increasing; – Water crisis – 116+ First Nations do not have clean water, 75% of water systems med-high risk; – Housing crisis – 40% of First Nations home in need of major repair, 85,000 home backlog; – Indigenous women safety crisis – over 600 murdered and missing Indigenous women; – Health crisis – Life expectancy is 8-20 years less for Indigenous peoples due to extreme poverty; – Cultural crisis – 94% of Indigenous languages in Canada (47/50) at high risk of extinction; II. Situation Overview Although the Government of Canada has been presenting a picture of stable relations with and improved living conditions for Indigenous Nations, the reality on the ground shows many Indigenous individuals, families, communities and Nations suffering from multiple, over-lapping crises. Although federal, provincial, Indigenous and independent researchers have all verified the crises, Canada has refused to act. This is resulting in the pre-mature deaths of hundreds, even thousands of Indigenous peoples every year. Many of those that do survive, do so with higher levels of injuries, disabilities, diabetes, TB, heart disease, and other preventable health issues. There is a children in care crisis where 40% of children in care in Canada (30,000) are Indigenous children. The crisis of over-incarceration of Indigenous peoples in state prisons shows 25-30% of prison populations are Indigenous and increasing. The water crisis of 116+ First Nations not having clean water and 75% of their water systems being at medium to high risk is well-known. The housing crisis is particularly staggering when you consider that 40% of First Nations homes are in need of major repair and there is a 85,000 home backlog. There is a growing crisis of violence against Indigenous women with over 600 murdered and missing Indigenous women in Canada. The health crisis results in a life expectancy of 8-20 years less for Indigenous peoples due to extreme poverty. This does not include the cultural crisis where 94% of Indigenous languages in Canada (47/50) are at high risk of extinction. These are all exacerbated for communities who suffer from massive flooding due to hydro-electric operations. The gap between Canadians and Indigenous peoples with regards to education, employment, skills training, food security, water security, health care, and mental health services continues to increase. Statistics are often manipulated by Canada to show that conditions are getting better, but when reviewed over a 20 year period, the statistics are clear that the socio-economic conditions of Indigenous peoples are on a downward trend. The levels of poverty and ill-health in northern Indigenous communities are even more acute. Suicide rates are amongst the highest in the world with suicides starting at much younger ages, like 9 years old. While Canada rates in the top 4 countries when measuring the human development index, when Indigenous peoples are isolated, Canada drops to 78th. Indigenous Nations in Canada have attempted to work with federal and provincial governments to address these crisis areas, all to no avail. The closest Indigenous Nations came to accessing funding relief for the current crisis was in 2005 when the Government of Canada promised $5 billion over 10 years to address issues like education and housing. This commitment was later withdrawn when the Conservative Party came to power. Since then, Indigenous Nations, through their individual First Nation communities, representative organizations and advocacy groups, continue to try to raise public awareness and get Canada’s attention – but have been met with funding cuts, instead of assistance. These funding and other cuts are in direct violation of Canada’s domestic laws, legislated mandates and legally binding treaties and other agreements with Indigenous peoples. Indigenous peoples in Canada have been in a state of prolonged crisis and casualties continue to increase. The situation has become critical and many Indigenous individuals and communities are in need of immediate emergency assistance. Other communities not in a crisis, still require that their treaties be upheld, their stolen lands be returned and they have a fair share of the wealth that comes from their traditional territories in order to be self-sustaining. III. Security Threats The Government of Canada has initiated what can only be called a blitz attack on Indigenous governments and communities. From all available analyses, it appears as though the maneuver is designed to overwhelm Indigenous communities in the hopes that they will not have time to make their citizens aware of what is happening. This observation is supported by the fact that the Government of Canada has plotted an aggressive, assimilatory suite of legislative amendments that would do several things: (1) transfer all financial liability to Indigenous communities, (2) transfer jurisdictional authority to provinces, and (3) open up the remaining Indigenous lands and resources to pipelines, mining companies and land acquisition companies. The level of legislative and policy changes being forced on Indigenous peoples without their free, informed, and prior consent, are historic in their number, scope, and the speed at which they are being implemented. The Government of Canada has decided to ignore even domestic laws which require that, at a minimum, it consult and accommodate the Aboriginal and treaty rights of Indigenous peoples which are constitutionally protected. Canada has been, and continues to be in breach of legally binding treaties on a daily basis without any consequences from the international community. The Government of Canada has tried to minimize any possible Indigenous resistance to these offensive measures by implementing severe funding cuts to Indigenous representative organizations. Indigenous communities are at significant risk of confrontations with Canada’s police and military forces as Canada has been known to use armed forced to quell any Indigenous resistance to the further theft and destruction of Indigenous lands and resources. Other security risks for Indigenous peoples include: (1) Canada’s use of their Ministry of Indian and Northern Affairs Canada (INAC) to monitor individual Indigenous activists, which is well outside the scope, mandate and resource allotment of INAC; (2) Canada’s use of CSIS to monitor individual Indigenous activists and leaders is a form of intimidation to deter resistance; (3) Canada’s use of its national police force, the RCMP, to surveil Indigenous individuals and communities for signs of co-ordinated activities; (4) Canada’s use of the military to quell Indigenous resistance and portraying them publicly as “terrorists” in their own territories; (5) Canada’s use of resources to fund contracts to monitor social media activities of Indigenous peoples and their allies and to engage in counter-information campaigns against them; (6) Canada’s use of Parliamentary privilege and the media to smear, villainize and otherwise degrade Indigenous peoples, their communities and cultures which encourages similar behaviour from the public; (7) Canada’s use of law enforcement to over-incarcerate Indigenous men, women and youth to prevent Indigenous resistance on the ground; (8) Canada’s use of the child welfare system to remove additional generations of Indigenous children from their families, communities and Nations which would also reduce those who might engage in resistance in the future. IV. Humanitarian Needs and Response Some individual Indigenous peoples and communities in Canada require immediate aid in the form of critical supplies, infrastructure, emergency services, and international intervention at the state level:  Critical supplies: – potable water; – healthy food; – warm clothing and outerwear; – blankets; – medicine and various physical aids ; Infrastructure: – safe housing; – water infrastructure; – sanitation infrastructure; – access to solar, wind or other power generation; – communications (phone, Internet, emergency infrastructure); – schools & day cares; Emergency services: – Fire prevention; – Medical centres; – Mental health centres; – Indigenous policing/public safety centres; – Emergency management centres; International intervention: Indigenous Nations require the assistance of the United Nations and/or any individual state to put pressure on Canada, via economic, legal, political, or other sanctions, to ensure that the root causes of the crises in Indigenous Nations are addressed. Primarily, assistance is needed to ensure that any and all unilateral development on Indigenous lands and water must be halted until restitution has been made for past thefts and illegal takings, compensation for loss of use and nation to nation agreements are made with regards to the sharing of natural resources and other wealth on Indigenous lands are negotiated.  (This does not include activities or development underway in partnership with Indigenous peoples) Unilateral state activities include, but are not limited to: – land development; – All new hydro developments; – All Crown land purchases, leases, transfers, and permits; – All pipelines, hydro-fracking, and mineral extraction; – all clear-cutting and timber and gravel removal; Similarly, all new legislative and policy initiatives related to Indigenous peoples and their territories must be withdrawn or held in abeyance until proper nation to nation negotiations, including, but not limited to: – All legislation directly or indirectly impacting Indigenous peoples; – All litigation targeted against Indigenous peoples; – All enforcement activities against Indigenous peoples in their traditional activities; – All enforcement activities against Indigenous peoples engaging in economic activities; Government-based funding transfers to Indigenous governments must be maintained and protected  during negotiations, including, but not limited to: – Federal and provincial funding transfers to Indigenous Nations, their First Nations communities and their representative organizations; – Government transfer levels to Indigenous governments must be adjusted to reflect current population and inflation levels; – Additional funding to cover the costs of current emergency services; – Additional funding to cover the backlogs created by multiple decades of chronic underfunding; – Permanent funding transfers to account for taxation, fees, permits, licences, business profits and other wealth generation which come from traditional territories; It must be remembered that these funds are not “hand-outs”, but in fact come from the wealth off of Indigenous lands that are denied to Indigenous peoples. These funds are also legally binding treaty agreements. The wealth off Indigenous lands actually support all Canadians and the Canadian state – thus, if there are any hand-outs they come from Indigenous lands and resources to support everyone else. It is time Indigenous Nations saw their fair share. V. Coordination There are specific Indigenous governments, communities and their representative organizations who are ready to work with international bodies to address the current crisis in Canada. Coordination can be done via video-conferencing, conference calls and meetings. Special arrangements will have to be made for any international travel of Indigenous representatives as Canada has already started to attack our own Indigenous passport systems. It is advisable that a strategic planning session take place to coordinate public information, international interventions and emergency action on the ground. Not all Indigenous communities are in crisis, but those that are need attention urgently. A major public education campaign is needed to counter the misinformation campaign and Indigenous allies can help in this process. Other states can offer assistance in a variety of forms, but the United Nations has an opportunity to play a significant role and help Canada live up to the principles in the United Nations Declaration on the Rights of Indigenous peoples. VI. Funding It is absolutely critical that the international community contribute funding to address the immediate crisis, as well as fund advocacy activities to help Indigenous peoples organize and address the current situation. Currently, more than one third of the funding that is set aside for Indigenous peoples is confiscated by the federal bureaucracy to pay for their large salaries, vacations, and professional development, which is used to increase the capacity and strength of Canada’s bureaucratic army against Indigenous peoples. This of course, does not include the funds spent on legal counsel to fight Indigenous peoples in court. If Indigenous peoples are not put on an equal footing with the state, they have very little chance of successfully resisting this blitz attack. There is more than enough wealth which comes from the traditional lands and resources of Indigenous peoples – the issue has always been the illegal theft of those resources by the state. Emergency measures must be put in place to address those that die everyday in foster homes, prisons, or homeless on the street and the many thousands without clean water, food, heat or housing. State bodies have been calling these issues a crisis for over a decade and little action has been taken to address them. How many more Indigenous peoples need to suffer? VII. Contact Please contact Indigenous governments and their representative organizations directly. You may also contact me at palmater@indigenousnationhood.com for more details or for information about how to connect with specific Indigenous governments, communities and organizations. For more information about the current crisis, please see my article “Stretched Beyond Human Limits: Death By Poverty in First Nations” published in the journal – Canadian Review of Social Policy: http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

  • The Illusion of Justice in Canada – The Conservatives Conditional Support of UNDRIP

    I was having a hard time deciding between several important issues that I wanted to write about in my blog this week. I was really struggling between the injustices against our Indigenous peoples noted in Howard Saper’s Corrections report, the fact that Sharon McIvor is forced to take the plight of Indigenous women to the United Nations or Canada’s hollow endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). All of these issues are important and deserve far more critical attention than they are getting. That is when I realized that these issues are part of a shameful pattern on the part of the Conservatives. The Conservatives have created an illusion that they are addressing justice issues faced by Indigenous peoples here in Canada by promoting their pretend platform on human rights and equality. Some readers might think this is an overly critical assessment of what seems to be a very progressive agenda – but I would ask those readers to look beyond the media hype and dig deeper to what is ACTUALLY being promised and what is not. I have to start with UNDRIP because Canada’s alleged “endorsement” of it is the biggest illusion of all. As we all know, Canada was one of 4 states that refused to sign UNDRIP along with the USA, Australia and New Zealand. These are some of the countries with the largest Indigenous populations who suffered greatly under the colonial laws, rules, and policies implemented by these States. Their collective refusal to endorse UNDRIP sent a strong message to Indigenous peoples that their colonial rule would continue for some time to come. Australia subsequently changed its mind and decided afterwards to issue a conditional Statement of Support for UNDRIP and New Zealand soon followed suit. That left Canada and the United States on the hot seat, so to speak, and their failure to endorse UNDRIP a major political impediment to Indigenous-Crown relations. Therefore, the Conservative government made a commitment in its speech from the throne in the spring of 2010 to endorse UNDRIP: “A growing number of states have given QUALIFIED RECOGNITION to the United Nations Declaration on the Rights of Indigenous Peoples. Our Government will take steps to endorse this aspirational document in a manner fully consistent with Canada’s Constitution and laws.”(emphasis added) It is now November 2010 and we are only just getting the alleged “endorsement” now. I say “alleged” because words mean everything in the world of politics. We know from our collective experiences with treaty making and implementation, that the Crown does not always act honourably in its dealings with Indigenous peoples. In a letter from T. Bannister to the Council of Trade and Plantations, one European colonist wrote about the shameful ways in which treaties were being “negotiated” with Indigenous peoples: “Their quarrels and wars were not for ambition, empire or bloodthirstiness but to defend their property and bounds… Their injuries have been very great, as divesting them of their land by force or fraud, first making them drunk and then to sign what they knew not what… Ad to this our inhumanity to them … We vilify them with all manner of names, and opprious language, cheat abuse and beat them, sometimes to the loss of limbs, pelt them with stones and set dogs upon them … too often an Article of Peace has run in one sense in English and quite contrary in Indian, by the Governor’s express order…”. I would like to think that Canada has moved past some of its double-dealings of the past, but this limited endorsement of UNDRIP by the Conservatives proves otherwise. From one side of their face they promise to make changes to address our issues and from the other side, they rally public support against us and find creative political spin to keep from acting on their promises. Canada did not truly, in letter and spirit, endorse UNDRIP – they issued a “Statement of Support” that does not change Indigenous rights (or lack thereof) in Canada. This is not my own personal opinion that I am espousing; I am taking this straight from the horse’s mouth. What follows is a summary of Canada’s “Statement of Support”: (1)”The Declaration is as ASPIRATIONAL document…” (the definition of “aspirational” is a “cherished desire”; something for which one “wishes”) (2)”the Declaration is a NON-LEGALLY BINDING document that does not reflect customary international law NOR CHANGE Canadian laws” (emphasis added) (3)”Canada placed on record its concerns with various provisions of the Declaration, including provisions dealing with lands, territories and resources; free, prior and informed consent when used as a veto; self-government without recognition of the importance of negotiations; intellectual property; military issues; and the need to achieve an appropriate balance between the rights and obligations of Indigenous peoples, States and third parties. THESE CONCERNS ARE WELL KNOWN AND REMAIN.” (emphasis added) (4) “We are now confident that CANADA CAN INTERPRET THE PRINCIPLES expressed in the Declaration in a manner that is consistent with our Constitution and legal framework.” (emphasis added) Those are the highlights of what Canada ACTUALLY signed. These are the limits under which it “supports” UNDRIP – i.e., so long as it has NO legal affect in Canada. For those who might think that I am somehow misinterpreting what Canada means by their conditional support, INAC’s own press release again clarified that: (1) “the Declaration is not legally binding” and (2) they are only endorsing it as “an aspirational document” and NOT as a legally binding document. For those who have any further questions about what this all means, INAC also provides a section entitled “Frequently Asked Questions”. In answer to the question of whether a State which originally voted against UNDRIP can change its mind, INAC very clearly says “There is no official way for a State to change its position on a declaration“. All it can subsequently do is issue a Statement of Support. Canada knew this when it originally voted against UNDRIP. In answer to the question of what UNDRIP means: “The UNDRIP is a non-legally binding aspirational document“. I am not sure how much clearer they could have made their position. So, at the end of the day, all Canada has done is publicly support the cherished wish list of Indigenous peoples but that wish list will not have any legal application or effect in Canada. Regardless of this striking fact, one might argue that Canada could still make significant and substantive changes to its relationship with Indigenous peoples and take transformational action to address serious social, economic, political, cultural and legal issues impacting on the well-being of Indigenous peoples, the majority of which it caused through its colonial laws and policies. Sure….Canada “could” do that – the question is will it? Well, let’s see what Minister of INAC John Duncan had to say: http://aptn.ca/pages/news/2010/11/12/canada-finally-backs-un-indigenous-declaration/ You will note in the above interview with APTN, that Minister Duncan re-affirms that UNDRIP is an “aspirational” document only that has NO legal application in Canada. Furthermore, on whether Canada’s endorsement of UNDRIP will bring about significant changes for Indigenous peoples in Canada, Minister Duncan responds that Canada has its “own agenda” and as a result does not “anticipate any significant change”. So, once again I am still asking myself what the heck is everyone so excited about? Why on earth would the Assembly of First Nations celebrate this announcement? Why would First Nations leaders appear in the media and praise Canada for making such a significant commitment to the rights of Indigenous peoples? Did anyone take the time to actually read what the Statement said or what INAC said its alleged “endorsement” means? Here is a brief overview of the state of Indigenous peoples in Canada right now: (1) Indigenous peoples have the lowest socio-economic conditions of all groups in Canada – meaning the lowest education and employment rates coupled with the highest disease, poverty and violence rates; (2) Funding for essential social services like post-secondary education, drinking water infrastructure, and child welfare are all so grossly underfunded and unequal when compared to non-Indigenous funding, that even Canada’s Auditor General has criticized Canada for its lack of action in addressing it; (3) Indigenous women in Canada do not enjoy even BASIC equality rights that are enjoyed by non-Indigenous women and now Sharon McIvor is being forced, after 25 years of litigation and struggle, to seek redress at the United Nations for Canada’s lack of action; (4) Hundreds of land claims remain unresolved despite Canada’s promise years ago to bring about “revolutionary” change to the ways in which claims were handled; and (5) Our people are homeless on their own traditional territories, our women are murdered and missing at alarming rates, our children are taken from our families and communities at rates as high or higher than during the 60’s scoop, our men and women are incarcerated at a higher rate that non-Indigenous people, and racism is still prevalent within our justice system and leads to deaths while in custody, starlight tours, and utter neglect. If Minister Duncan is right and Canada will not make any significant changes to how it deals with Indigenous issues and will simply continue to advance its own agenda, then what good does their conditional support of UNDRIP do for us? Why would our political leaders be so quick to praise Canada for agreeing to do literally nothing on our behalf? At this rate, our reserves will be turned into private property and sold to big business by the Flanagan-Jules plan; those remaining reserves will all be occupied by non-Indians through Bill S-4 MRP laws; and if anyone remains after that, they will all be legislated out of extinction by Bill C-3’s discriminatory status provisions. The Conservative’s conditional support of UNDRIP creates an illusion of justice in Canada – it is our choice whether we stand beside them and accept it. If our leaders won’t stand up for us then it is time that the people told their leaders to step aside and let our people stand up for themselves.