Canada dodges UN questions about racism

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Questions about the treatment of Aboriginal people were once again front and centre as Canada reported to the 18 appointed experts that oversee the treaty body of the International Convention of the Elimination of all forms of Racial Discrimination (CERD) at the United Nations headquarters in Geneva on Aug. 5 and 6.

After considering what it had heard, CERD issued its report on Aug. 26. Early in the report, the UN committee chided Canada for not submitting its reports on time.

"The committee notes that the periodic reports were submitted with a delay of about six and four years respectively, and that they covered the period 1993-1997, although they were submitted in 2001," it states.

Sharon Menow, a Cree woman from Norway House, Man., travelled to Geneva and presented a 'shadow report,' or statement challenging the official position of the nation-state, on behalf of the Coalition for a Public Inquiry into Ipperwash.

"I went to the United Nations in Geneva to present on the neglect of an inquiry into the murder of Dudley George," she said, during an Aug. 14 press conference at the Ontario legislature in Toronto.

She said the committee member who focuses on Canada, Canadian rapporteur Kurt Herndl of Austria, began the question period by warning Canadian officials they should keep their reporting up to date since it had been eight years since their last submission. To be in compliance with the international treaty, Canada must submit their reports every two years.

Canada was also criticized "for submitting an inconsistent report that did not give a comprehensive picture of the measures adopted by Canada to implement the convention and does not help to understand the interaction between the federal and provincial levels," Menow said.

Aboriginal issues dominated the committee's questions for Canada as 10 from the 12 members who spoke on the first day grilled Canadian officials about its treatment of Indigenous peoples, she added.

The subject matter ranged from inquiries about actions taken by Canada regarding the Royal Commission on Aboriginal Peoples report to Aboriginal title and questions about implementation of the Delgamuukw decision. The killing of Dudley George, the abandonment of Native men in sub-zero weather by Saskatoon police officers, the British Columbia referendum on treaty negotiations and the high incarceration, homelessness, and suicide rates of Aboriginal people, were also raised.

The First Nations governance act consultations were also seen by the committee as troublesome.

"According to some information that we received, the process was boycotted by several organizations of Aboriginal people and because they held the consultations they were simply inadequate, and the whole process was inadequate," said Herndl.

Menow described Canada's responses as "vague and weak."

After the CERD meetings had concluded, Menow said the non-governmental organization members were invited to the Canadian mission by the Canadian delegation.

"During our meeting at the Canadian mission, the Indian Affairs representative, Sandra Ginnish, said that 'the Indian Affairs Minister Robert Nault supports that there should be an inquiry into Ipperwash and that he has made this a public record.' This came as quite the surprise as our coalition members have never heard this endorsement and are currently following this up with a letter to the minister," she said.

Pierre George, Dudley's brother, was also shocked to hear this and told Windspeaker he would hope it was a sign that an inquiry would be called.

Menow said the United Nations' top man on Indigenous peoples issues is thinking of visiting Canada.

"I was informed that the special rapporteur, Rodolpho Stavenhagen himself is considering a country visit to Canada next year to meet with Canada's Indigenous people. He is an expert on racism and the findings in his report hold great weight in the office of the High Commission on Human Rights," she said. "He is currenly accepting submissions from individuals, communities and organizations that have complaints about the Canadian government and its treatment of Aboriginal people. Complaints must be sent to his office by mid-September."

Menow said "individual program 'successes' were used to obscure the continuing overall situation of over 600 First Nations and other Indigenous peoples across Canada, namely that Aboriginal people in Canada experience discrimination in almost every aspect of their lives."

But she noted that a committee member stated, "the report does not give a comprehensive picture of the measures adopted by Canada or in Canada to implement the Convention and does not really help to understand the interaction between the federal and provincial levels."

Well known human rights lawyer, Dr. Mary Eberts advised the delegation that travelled to Geneva. She also spoke at the press conference in Toronto.

"It is very fortunate that the UN provides a place to raise the longstanding concerns of First Nations," Eberts said, "because in Canada there is either no such forum, or justice is very long in coming, or both."

In its report, CERD repeated that the Canadian practice of only having the federal government forced to comply with international treaties, while provincial and territorial governments feel free to break those treaties, is not good enough.

CERD also noted that the Canadian Charter of Rights and Freedoms does not impose obligations on "non-state actors" or the private sector, and suggested that the "possibility of enlarging the scope of this instrument in that respect be considered."

First Nations leaders who have criticized the First Nations governance act by saying it served only the federal government's needs while ignoring glaring problems in the Indian Act, were given some indirect support by the committee's findings.

"The Committee is concerned that some aspects of the Indian Act may not be in conformity with rights protected under Article 5 of the onvention, in particular the right to marry and to choose one's spouse, the right to own property, and the right to inherit, with a specific impact on Aboriginal women and children. The Committee recommends that the State party examine those aspects, in consultation with Aboriginal peoples, and provide appropriate information on this matter in its next periodic report," the report stated.