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15/02/2008
Public Statement on the Declaration on the Rights of Indigenous Peoples
The passage of the Declaration on the Rights of Indigenous Peoples on September 13, 2007 marked a milestone for the world’s indigenous peoples, and for the United Nations.
The Declaration affirms that indigenous peoples are entitled to all human rights recognized in international law, without discrimination. It sets out their individual and collective rights, including those related to culture, identity, language, employment, health, education, land and resources. The Declaration emphasizes the rights of indigenous peoples to maintain and strengthen their institutions, cultures and traditions in keeping with their needs and aspirations.
While the Declaration is not legally binding, it represents "a standard of achievement to be pursued in a spirit of partnership and mutual respect".
Canada had been a longstanding supporter of the Declaration during the course of its development, and the Commission regrets that the Government of Canada felt unable to support its adoption at the final stages.
The Commission urges governments and First Nations leaders to work together in finding innovative ways to advance the principles of the Declaration, and to achieve the standards set therein. This includes addressing pressing concerns in areas such as child poverty; access to potable water, adequate housing, education, and employment opportunities; the resolution of land claims; and the extension of full human rights protection - all of which allow individuals to contribute to society and to live with dignity.
Link to Section 67 of the Canadian Human Rights Act
The continued existence of section 67 is not consistent with the principles of the Declaration. Part of Canada’s action in responding to the Declaration must include a process to support effective repeal of this section.
Further discussions will be required on how to balance individual human rights with collective rights as articulated in the Declaration.
The Commission will look to the Declaration for inspiration in our own work.