About IWGIAStavenhagen's mission to Canada
May 21 to June 4, 2004
The Special Rapporteur's visit to Canada took place from 21 May to 4 June 2004. In his report, the Special Rapporteur notes that he is encouraged by Canada's commitment to ensuring that the country's prosperity is shared by Aboriginal people, a goal to which the federal and provincial governments of Canada devote an impressive number of programmes and projects and considerable financial resources, as well as by Canada's commitment to close the unacceptable gaps between Aboriginal Canadians and the rest of the population in educational attainment, employment and access to basic social services.
He stresses, however, that economic, social and human indicators of well-being, quality of life and development are consistently lower among Aboriginal people than other Canadians. Poverty, infant mortality, unemployment, morbidity, suicide, criminal detention, children on welfare, women victims of abuse, child prostitution, are all much higher among Aboriginal people than any other sector of Canadian society, whereas educational attainment, health standards, housing conditions, family income, access to economic opportunity and to social services are generally lower. Canada has taken up the challenge to close this gap.
According to information received during the course of his visit, one of the main issues for Aboriginal peoples in Canada relates to land tenure and access to its natural resources. Aboriginal peoples continue to claim their rights to the land and its natural resources, as well as to respect for their distinct cultural identities, lifestyles and social organization. Current negotiated land claims agreements between Canada and Aboriginal peoples aim at certainty and predictability and involve the release of aboriginal rights in exchange for specific compensation packages, a situation that has led in several instances to legal controversy and occasional confrontation. Obtaining guaranteed free access to traditional land-based subsistence activities such as hunting and fishing remains a principal objective of Aboriginal peoples in achieving the full enjoyment of their human rights, as does the elimination of
discrimination and racism, of which they are still frequently the victims. In some cases, taking advantage of development possibilities, Aboriginal people have established thriving business enterprises. Much more needs to be done to provide such opportunities to all Aboriginal communities in the country in order to raise employment and income levels.
On the basis of these conclusions, the Special Rapporteur recommends to the Government of Canada, among other things, that new legislation on Aboriginal rights be enacted by the federal and provincial legislatures, in line with the proposals made by the Royal Commission on Aboriginal Peoples; that ILO Convention No. 169 be ratified promptly, in consultation with Aboriginal peoples; that no matter what is negotiated, it should be recalled that the inherent constitutional rights of Aboriginal peoples are inalienable and cannot be relinquished, ceded or released; that an evaluation of the new self-government agreements be undertaken.
He also recommends that the government intensify its measures to close the human development gaps between Aboriginal and non-Aboriginal Canadians in the fields of health care, housing, education, welfare and social services; that emergency measures be taken to address the critical issue of high rates of diabetes, tuberculosis and HIV/AIDS among Aboriginal people; that Aboriginal suicide be addressed as a priority social issue; that the government addresses with some urgency the elimination from existing legislation of provisions that place certain categories of First Nation women at a disadvantage; that section 67 of the Human Rights Act be struck out; that the Canadian Human Rights Commission be mandated to deal with the human rights of First Nations; and that efforts be increased at all levels to reduce and eliminate the over-representation of Aboriginal men, women and children in detention centres.
Use the link below to download the Special Rapporteur's official report on the mission to Canada