Canada: UN expert calls for meaningful dialogue with Aboriginal leaders after weeks of protests

GENEVA (8 January 2013) – The United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya, urged the Government of Canada and Aboriginal leaders to undertake meaningful dialogue in light of First Nations protests and a month-long hunger strike by Chief Theresa Spence of the Attawapiskat First Nation.

“I am encouraged by reports that Prime Minister Stephen Harper has agreed to meet with First Nations Chiefs and leadership on 11 January 2013 to discuss issues related to Aboriginal and treaty rights as well as economic development,” Mr. Anaya said. “Both the Government of Canada and First Nations representatives must take full advantage of this opportunity to rebuild relationships in a true spirit of good faith and partnership.”

The announcement of the meeting followed weeks of protests carried out by Aboriginal leaders and activists within a movement referred to as ‘Idle no more.’ The movement has been punctuated by Chief Spence’s hunger strike that has been ongoing since 11 December 2012. “I would like to add my voice to the concern expressed by many over the health condition of Chief Spence, who I understand will be joining indigenous leaders at this week’s meeting,” the independent expert said.

The protests and hunger strike are carried in the context of complaints about aspects of the relationships between First Nations in Canada and the Government, including in the context of recent federal legislation and executive decisions affecting Aboriginal peoples.

“Dialogue between the Government and First Nations should proceed in accordance with the standards expressed in the UN Declaration* on the Rights of Indigenous Peoples,” the Special Rapporteur emphasized. Mr. Anaya recalled that the Government affirmed a “commitment to continue working in partnership with Aboriginal peoples and in accordance with a relationship based on good faith, partnership and mutual respect,” in its statement of support for the Declaration on 12 November 2010.

In drawing attention to the Declaration as a framework for dialogue, the expert highlighted in particular its preamble, which affirms that “treaties, agreements and other arrangements … are the basis for a strengthened partnership between indigenous peoples and States”.

The Special Rapporteur reiterated his concern about the current situation, as expressed in a written communication sent earlier to the Canadian Government asking the authorities to provide relevant information, in accordance with terms of his mandate from the UN Human Rights Council.

“I will continue to monitor developments as I hold out hope that the 11 January meeting will prompt meaningful and restorative action by the Government and First Nations leadership,” Mr. Anaya said.

The UN Human Rights Council appointed S. James Anaya as Special Rapporteur on the rights of indigenous peoples in March 2008. Mr. Anaya is a Regents Professor and the James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona (United States). As Special Rapporteur, he is independent from any government or organization and serves in his individual capacity. Learn more, log on to: http://www2.ohchr.org/english/issues/indigenous/rapporteur/

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Posted January 9, 2013, 9:50 AM PST