Government refuse support of UN Declaration on Indigenous rights

Many Aboriginal leaders are disappointed in the Conservative government's adamant refusal to support the United Nations (UN) Declaration on the Rights of Indigenous Peoples, despite a motion by opposition members of Parliament on April 8 calling for its endorsement in Canada.
The declaration was easily passed at a UN assembly last September with 143 member states voting in its favour, 11 states abstaining, and four states- Australia, Canada, New Zealand, and the United States - voting against it.
The declaration maintains the individual and collective rights of Indigenous peoples to keep and strengthen their own institutions, cultures and traditions. Furthermore, it prohibits discrimination against Indigenous peoples and promotes their full and effective participation in all matters that concern them.
In a media statement released on April 9, Aboriginal leaders and representatives from Canadian human rights organizations commended the motion in favour of the declaration and many predicted a renewed relationship between Aboriginal people and the government.
However, six days later, from her attendance at the Organization of American States forum in Washington, Native Women's Association of Canada (NWAC) President Beverley Jacobs confirmed Parliament's incessant refusal to support the declaration, as well as other Indigenous Rights documents such as the Declaration of the Americas brought forward at the forum.
"Even though this motion was brought to Parliament, the Conservative government are still not willing to budge on its position," stated Jacobs in a phone interview from Washington. "Canada is at the table here, and because of them not supporting the Declaration on the rights of Indigenous Peoples, they've just announced they're not willing to negotiate on this draft, Declaration of the Americas."
This decision means Parliament does not recognize the rights of Indigenous people and brings to question their human rights agenda overall for Aboriginal people, especially since a few weeks later, the Conservatives brought forward Bill C-21, legislation to extend the Human Rights Act to reserve this bill.
If brought into law, could challenge band decisions over housing, education, and membership. It is a move that attempts to impose individual rights in favour of collective rights, which Liberal MP Anita Neville pointed out as what she believes is "a larger agenda directed at assimilation."
As for the UN Declaration, it is based on a minimal standard to start with and Canada is not willing to negotiate if that's the standard, said Jacobs, adding that it doesn't make any sense at all.
The Canadian government has never identified what their real reasons were for declining support for the declaration.
"Other than saying that it goes against the Constitution of Canada but they never did provide any details and nobody ever really understands the position that they've taken," she stated.
In a letter to the Toronto Star, Assembly of First Nations (AFN) Chief Phil Fontaine pointed out the two concerns critics have about the declaration. First, it could be used to affect land claims in Canada and second, it does not respect individual rights and could therefore undermine the charter.
He said both reasons are untrue, as "the only way international provisions can have binding legal effect in Canada is if they are expressly incorporated into domestic law," and furthermore, Canada has always recognized both individual and collective rights. He stated that Canada's rejection has to do with "pandering to those who think First Nations people have too many rights." Jacobs agrees with Fontaine, and said Aboriginal people in Canada are not getting their rights fully recognized as it is.
"If we had rights recognized in the way they're supposed to be, we wouldn't be in the poverty-stricken positions that our people are in," she expressed. "In recognizing treaty rights and recognizing our inherent rights, we wouldn't be fighting for our land, we wouldn't be fighting for our resources, we wouldn't be fighting for our rights and ensuring that they're maintained."
As a NWAC representative, Jacobs has been stringent in trying to get the government to accept the Declaration. Before it was brought forth she met with both the Minister of Foreign Affairs and the Minister of Indian Affairs Chuck Strahl and tried to find out the reasons why they are opposing the Declaration. She has also stated to them that it was in Canada's best interests to support the declaration and they needed to stop lobbying other countries against it. This was the case in their attempt to use aid as a tool to convince undeveloped African countries to withdraw their support, a tactic that was unsuccessful.
"We also requested that they consult with Aboriginal people directly, not as leaders within the grassroots community; they need to consult with our people. And that wasn't done and so they went ahead in their decision anyway and believing again, unilaterally, that they know what's best for our people," she said.
Although the government's stand is difficult to understand, Jacobs said she believes Aboriginal people need to remain strong.
"We have to maintain our resilience and our strength and ensure that our culture, and identity, and our languages and ceremonies are strong. Our people have been fighting for our rights since colonization and maintaining who we are as a people. It just means we still have to be strong in ensuring that our rights as a people are maintained and implemented in this country."