An And the U.N.

1. An And the U.N. From Leader to LAGGARD Hon. Carolyn Bennett, M.D.,M.P. Osgoode International Law Society March 11, 2013

2. My journey… • 1998 • CEDAW mtg in NY • Best Practices HIV/AIDS legislation Geneva • 2012 • Jan 5 - Letter to James Anaya – Attawapiskat • Feb 6 - Letter to CEDAW - Missing/Murdered Indigenous Women • Feb 20 – Letter to CERD re 19th 20th Periodic Reports

3. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) • Adopted by UNGA in 2007 • Endorsed by Canada in 2010 as an “aspirational document” • Addresses individual and collective rights of indigenous peoples to culture, identity, language, employment, health, education, self-determination • Non-enforceable statement of principles, not binding in Canada

4. International Convention on the Elimination of All Forms of Racism (ICERD) • Adopted by UNGA in 1965 • Ratified by Canada 1970 • Commits states to the elimination of racial discrimination, established Committee on the Elimination of Racial Discrimination • Canada is required to report to the Committee every two years, progress is monitored • Canada does not recognize competence of the Committee to receive individual complaints against it*

5. Convention on the Rights of the Child (CRC) • Came into force 1990 • Canada ratified 1991, but signed with two reservations* • Child’s right to survival; develop to the fullest; protection from harmful influences, abuse and exploitation; and participate fully in family, cultural and social life • Canada is required to submit a report every five years • No legal obligations, but Canada’s laws largely in conformity with the treaty

6. Convention on the Elimination of all Forms of Violence Against Women (CEDAW) • Came into force in 1981 • Canada signed 1980, ratified 1981 • Equality by ensuring women’s equal access/opportunities in political/public life, education, health and employment • Requires states take all measures – including legislative – to ensure full development and advancement of women • Canada required to submit report every four years • So far non-enforceable*

7. Convention on the Rights of Persons with Disabilities (CRPD) • Came into force 2008 • Canada signed 2007, ratified 2010 with two reservations* • Protect the rights to equality and non-discrimination of persons with disabilities, established Committee • Canada already these protections • Canada required to report every four years, implementation monitored by Committee • Canada does not recognize competence of the Committee to receive individual complaints against it**

8. United Nations Special Rapporteur on the Right to Food • Independent expert appointed by UN Human Rights Council • Olivier De Schutter • Canada 2012: Canada needs “rights-based national food strategy”, “more than 800, 000 households [in Canada] who are considered food insecure” • Long-form census, Canadian Wheat Board • Report not binding, Government of Canada dismissed the report calling the Rapporteur “ill-informed”

9. UN Special Rapporteur on the rights of indigenous peoples • Independent expert appointed by UN Human Rights Council • James Anaya • Contacted the Canadian government in 2011 about “the dire social and economic condition” of the Attawapiskat First Nation • The special rapporteur issued a public statement noting that overall, Canada is a country with human rights indicators among the best in the world, yet “aboriginal communities face vastly higher poverty rights, and poorer health, education [and] employment rates as compared to non-aboriginal people“ • Minister of Aboriginal Affairs attacked the statement, saying it "lacks credibility“

10. First Nations appeal to CERD regarding racism in media • Twenty Canadian First Nations (most of them Cree) made a submission to CERD in February accusing the government of violating human rights for failing to take action against “racist” media reports • The First Nations claim that Canada, despite its obligations in various international human rights conventions and instruments, has not taken any positive action to curtail the spread negative stereotypes found in media articles and videos; or • made any effort to counter such negative stereotypes, nor alleviate the harm that the perpetuation of such stereotypes causes

11. First Nations appeal to CERD about legislation without consultation • The same First Nations also made a submission to CERD claiming the federal Conservative government introduced a slate of legislation that violates their human rights • First Nations say the legislation was drafted without their consent and they argue that the government’s “denial to include us within a democratic decision-making process” violates the International Convention on the Elimination of All Forms of Racial Discrimination

12. First Nations requested remedies • To request the Canada make an urgent submission of information on the situation under the early warning and urgent action procedure • To request the Secretariat to appoint and direct UN Committee on the Elimination of Racial Discrimination Co-Chairperson NoureddineAmir to investigate and collect information regarding the allegations and to report back to the Committee with recommendations • The adoption of a decision including the expression of specific concerns, along with recommendations for action, addressed to Canada, and the Special Rapporteur for Indigenous Peoples • To offer to send to Canada one or more members of the UN Committee on the Elimination of Racial Discrimination in order to facilitate the implementation of international standards regarding the situation as described in this submission

13. Attawapiskat • Attawapiskat First Nation is a two-hour flight north of Timmins with some living in 3rd world living conditions. • Attawapiskat First Nations declared a state of emergency on October 28, 2011regarding in the wake of a severe housing crisis and the Red Cross declared an emergency in the community in December. • Some residents were living in tents, dilapidated huts, temporary shelters and trailers---with many homes without running water or electricity. • The lack of clean running water caused adults and children to be covered in rashes. • Little has changed in the past year, except for 22 new trailer-homes that some lucky families moved into.

14. International Indian Treaty Council submission to CERD • On February 10th the International Indian Treaty Council (IITC) and Attawapiskat, announced the filing of an Early Warning and Urgent Action request with CERD regarding the ongoing situation in Attawapiskat and the broader issue of legislation impacting Aboriginal rights without consultation. • Early warning measures are directed at preventing existing problems from escalating into conflict. • Urgent procedures are to respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention.

15. International Indian Treaty Council requests of CERD • They are asking CERD to make the following 6 recommendations to Canada: • Immediate meeting between the Crown, Federal Governments, Provincial Governments and all First Nations • Canada develop clear work-plans re: the Attawapiskat and other housing crises • Canada develop mandates for the implementation and enforcement of Treaties • Commitment to resource revenue sharing • Collective environmental oversight • Comprehensive review and meaningful consultation regarding Bill C-38 and C-45

16. Missing and Murdered Aboriginal Women and Girls • Almost 600 Aboriginal women and girls have gone missing or been murdered over the past several decades. • This is the statistical equivalent of approximately 20,000 Canadian women going missing or being murdered. • Between 2000 and 2008, Indigenous women and girls represented approximately 10% of all female homicides in Canada, but only make up 3% of the female population in Canada. (NWAC) • The national clearance rate for homicides in Canada is 84%, yet almost half of the homicides involving Aboriginal women and girls remain unsolved. • Eradicating the problem of violence against Indigenous women and girls involves addressing the root causes, notably sexism, racism, poverty and insecurity.

17. Jordan’s Principle • Jordan’s Principle was created in memory of Jordan River Anderson, a First Nations child, born with complex medical needs. • While the Province of Manitoba and the Federal government argued over who should pay for his at home care, Jordan died in hospital at the age of five years old, never having spent a day in a family home. • Adopted in 2007, the Jordan’s Principle obligated the government to finance the services required for a first Nation child without delay, in case of funding conflict.

18. carolynbennett.ca