Indigenous Peoples and their right to development, including their right to participate in developments affecting them

United Nations Working Group on Indigenous Populations Twentieth Session, July 22 - 26, 2002

Statement by the Observer Delegation of Canada on the theme of:

"Indigenous Peoples and their right to development, including their right to participate in developments affecting them"

Delivered by John Sinclair
Senior Assistant Deputy Minister
Department of Indian Affairs and Northern Development
Government of Canada

Geneva, July 23, 2002

Canada welcomes the opportunity to comment on the agenda item "Indigenous peoples and their right to development, including their right to participate in development affecting them". The seriousness with which Canada regards this issue was reflected in the statement made on this topic at last year's session of the Working Group. Over the past year, there have been important new developments at both international and national levels concerning indigenous peoples and development. Canada today offers comments that reflect the evolution of the importance of this topic for indigenous peoples, both internationally and in Canada, since last year's session of this Working Group.

At the outset, Canada wishes to repeat clearly its support for the promotion and protection of the right to development as outlined in the Declaration on the Right to Development. Canada continues to believe in the importance of productive discussions on the right to development. As noted before this Working Group last year, Canada believes that the right to development provides an important linkage between civil and political rights and economic, social and cultural rights. The Declaration on the Right to Development enunciates two basic principles which guide consideration of this issue. First, that the human person is the central subject of development and should be the active participant and beneficiary of the right to development (Article 2, paragraph 1). Second, that States have the primary responsibility for the creation of national and international conditions for the realization of the right to development (Article 3, paragraph 1).

Since the 19^th session of this Working group in 2001, the issue of the right to development has continued to receive attention and consideration within the United Nations system. Canada participated in the 3^rd session of the open-ended Working Group on the Right to Development held in Geneva in February and March 2002. In making this statement on "Indigenous Peoples Right to Development, Including Their Right to Participate in Development Affecting Them" the dialogue of that Working Group, and Canada's statements to it, are used as a point of departure. Canada notes with satisfaction the high degree of convergence between some of the findings of that Working Group (E/CN.4/2002/28) on the necessary conditions to exercise the right to development, and the strategies, priorities and approaches that Canada is following at both international and national levels to promote indigenous people's participation in development that affects them.

For example, Canada is committed to, and investing in, policies and strategies aimed at:

Canada's Aboriginal agenda incorporates these and other critical factors for creating the conditions necessary to ensure that indigenous peoples can share in the benefits, and risks, of development. For Canada, the participation of indigenous peoples in development that affects them is a fundamental criterion against which to assess progress. Canada's view of participation is multi-dimensional. Bearing in mind that States have the primary responsibility for the creation of national and international conditions favourable to the realization of the right to development, this statement will illustrate Canada's approach and provide examples of its implementation in the context of Canada's international and domestic activities.

Mr. Chairman, over the past year a number of important events have occurred at the international level that contribute to the dialogue on the right to development as it affects indigenous peoples. In May, 2002, at the historic and successful first session of the UN Permanent Forum on Indigenous Issues in New York, the issue of "indigenous peoples and their right to development, including their right to participate in development affecting them" received extensive attention from indigenous participants and UN specialized agencies. There can be no doubt of the importance that indigenous peoples attach to this issue. It is gratifying to see the beginnings of a process, through the Permanent Forum, in which a substantive dialogue and concrete coordination on the right to development can occur between international institutions, states and indigenous peoples. Canada is encouraged by the constructive dialogue and outcomes of this first session of the Forum. Canada intends to continue to provide support to the Permanent Forum as it carries out its mandate.

The discussion at the Permanent Forum on the right to development and to participate in development also brought forward invaluable insights into the perspectives of indigenous peoples. These perspectives may diverge from, or challenge, conventional thinking on development but perhaps are all the more useful, because of this uniqueness. The global consideration of the right to development may benefit from the contribution of indigenous peoples' views, particularly with regard to the convergence of human diversity and biological diversity, and the integration of cultural and traditional values into development, as contributors to sustainable development. Canada looks forward to the continuance of this dialogue.

Over the past year, processes have continued at the World Intellectual Property Organization and with respect to Article 8(j) of the Convention on Biological Diversity that address traditional knowledge and other issues related to the right to development as exercised by indigenous people. The World Summit on Sustainable Development, to be held in Johannesburg in August and September will make additional contributions, including the presentation of case studies on sustainable development by Aboriginal Canadians. Canada actively provides support through various means for the participation of indigenous representatives in these and other international processes and fora, and strives to implement their conclusions in our domestic policies and programs.

This year, the UN Special Rapporteur on the Situation of the Rights and Fundamental Freedoms of Indigenous People presented his first report to the Commission on Human Rights (E/CN.4/2002/97). This report notes the increasing international discourse on the link between effective and sustainable development and human rights. And the Special Rapporteur expressed an intent to closely examine the incorporation of the human rights of indigenous communities in development strategies. Canada welcomes deeper analysis of this issue.

This past year has also seen a number of other processes aimed at creating an international environment conducive to the realization by indigenous peoples of the right to development, and to recognition of the essential linkage between human rights and development. Canada is a committed participant in these. For example, working groups of the United Nations (UN) and the Organization of American States (OAS) continue to make slow but steady progress on the elaboration of declarations on the rights of indigenous peoples. Both working groups met over the past year and are scheduled to continue work in coming months. Canada's objective is to see clear and effective declarations emerge from these processes, declarations that will be founded on human rights norms and that will address the civil, political, social, economic and cultural rights and concerns of indigenous peoples specifically.

The World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban in September, 2001 achieved strong and useful commitments regarding indigenous peoples. The commitments of WCAR to combat the effects of racism on indigenous peoples continue to guide broadly-based efforts to eliminate discrimination against Aboriginal peoples in Canada through initiatives involving public education, school curricula and the administration of justice, among others.

Canada believes that the formation of bilateral relationships with other states, for the exchange of information on the challenges, successes and failures of indigenous policy is an effective means of contributing to a development environment that both serves indigenous peoples needs and respects their rights. A number of federal government departments have been involved in such initiatives with Russia, Norway, Australia, New Zealand, the United States, Mexico and Chile, among others, in the past year, focussing on such issues as education, health, culture, self-government, land rights and the administration of justice. Implementation of the Plan of Action from the 3^rd Summit of the Americas provides particular opportunities in the Americas, home of so many indigenous peoples. Canada looks forward to continuing to develop such productive relationships and exchanges. More information on Canadian indigenous initiatives abroad can be accessed at http://www.dfait-maeci.gc.ca/aboriginalplanet.gc.ca

Canada also believes that indigenous peoples ability to guide their own development is improved through their participation in international dialogue on sustainable development. Canada, as a member of the Arctic Council, has promoted the participation of six international indigenous organizations as Permanent Participants in the political and scientific work of the Council. In addition, Canada provides financial support to three of these organizations that have members in Canada including the Arctic Athabascan Council, the Gwich'in Council International and the Inuit Circumpolar Conference.

There is a broad consensus that effective and accountable governance, the development of facilitative institutional infrastructure and improvement of basic services are necessary conditions for promoting growth, sustainable human development and human rights.

In order to strengthen the capacity of First Nations to govern and develop sustainably, the participation of First Nations in implementation of the First Nations Land Management Act was expanded this year. This Act, brought into law in 1999, re-established the tools First Nations need to manage their own lands, their own resources and their own revenues, in their own way. Growing from the success of the first 14 First Nations who chose to exercise these powers, now an additional 30 First Nations communities every two years will be able to adopt similar land management regimes.

The fiscal capacity of First Nations governments and communities will be strengthened by four new national institutions that are under development, in partnership with First Nations:

Within Canada, the government has intensified investment in developing the economic potential of Aboriginal people and communities. Canada's approach to Aboriginal economic development is premised on the belief that for development to be truly sustainable, there must exist a long-term vision, a comprehensive framework for initiatives, a more strategic and focussed approach to accelerate growth and strong community foundations.

The Minister of Indian Affairs and Northern Development, The Honourable Robert Nault, has focussed the economic development priorities of Indian and Northern Affairs Canada (INAC) on providing First Nations and Inuit people with greater control, enhanced access to capital, tools for self-sufficiency that are compatible with cultures and opportunities for youth. This integrated approach provides strategic investments in economic development augmented by investments in community development, human capital and effective governance. Canada's strategy is targeted to build on economic opportunities in different regions of the country, including mining, forestry, tourism, fisheries, oil and gas, hydro-electricity, agriculture and commercial and industrial sectors.

Canada continues to invest in excess of $500 million yearly in the direct development of economic potential of Aboriginal people and communities. The program ranges from the provision of equity capital, skills development, community economic development enablers to partnership development initiatives. These critical investments made by Canada emanate from several departments who share a collective goal of strong communities, people and economies. For example, Indian and Northern Affairs Canada invests some $175 million in economic development activity both at the community level and nationally in order to take advantage of some of the enormous opportunities that exist across Canada. This federal department works in partnership with Aboriginal people, private sector, provincial/territorial and municipal governments, and other partners to enhance First Nations and Inuit access to capital and natural resources, provide skills training and workforce experience, and assist Aboriginal businesses take advantage of economic development opportunities.

The growth of Aboriginal-owned businesses in Canada continues at a rate exceeding the national average. There are over 25,000 Aboriginal businesses in Canada, active in every sector of the economy. Aboriginal Business Canada, part of Industry Canada, has long been dedicated to working with Aboriginal entrepreneurs to promote the development, competitiveness and success of Aboriginal business in Canadian and world markets. Since 1996 Aboriginal Business Canada has invested in supporting over 5,000 firms, providing financial and non-funded support. A network of Aboriginal-owned Capital Corporations has been created, which in turn have loaned over $500 million to Aboriginal businesses over the last ten years. The Government of Canada's business development programming empowers Aboriginal people to choose their development opportunities and priorities and how to implement them.

International trade, investment and cooperation are important factors both for indigenous peoples' development and for their participation in development that affects them.

The Government of Canada is committed to providing assistance for Canadian Aboriginal businesses to expand their participation in international trade under the aegis of the Aboriginal International Business Development (AIBD) group. Twenty-nine federal government departments and agencies are working collectively to address important issues affecting Aboriginal business such as market identification, market access, capacity development, promotion of trade opportunities and participation in trade missions. To ensure that Aboriginal exporters are showcased to the world, an on-line Aboriginal marketplace is under development. The use of new technologies will ensure Aboriginal people in remote and rural locations can market their first-class products and services world-wide.

The participation of indigenous peoples in development is essential for the exercise of the right to development. Indigenous communities in different parts of the worlds have much to offer each other and seek to broaden their interactions and exchanges. Canada has recognized the need for new mechanisms and sources of financial support to enable this to happen. The Canadian International Development Agency (CIDA), long committed and broadly engaged in providing development assistance to marginalised and vulnerable groups, has recently created an Indigenous Peoples Partnership Program (IPPP). It specifically focuses on supporting indigenous peoples in Canada to form cooperative development relationships with counterparts in other countries, undertake research and support leadership development among indigenous youth in Canada and abroad. CIDA is similarly encouraging increased dialogue between donor countries and international development institutions to better coordinate activities in support of the development of indigenous peoples, including their participation in development.

In a rapidly changing world, but one where indigenous peoples too often remain marginalised, isolated and vulnerable, it is essential to embrace new methods and tools for inclusion, for delivery of essential services and for the creation of opportunity. Canada recognizes the vital importance of information and communications technology to development and to the promotion and protection of human rights. The Permanent Forum on Indigenous Issues is to be applauded for its stated intention to maximize the use of new technologies, particularly the internet, to span vast distances with enormous volumes of information, in addressing its challenging mandate.

Information and communication technologies, both old and new, play a vital and increasing role in creating the conditions for the participation of indigenous peoples in sustainable development. The provision of education and health care, the preservation of language and culture, economic activity and the exchange of information and experiences can all from be enhanced through radio, television and the internet. Developing internet connectivity for Aboriginal people and communities is a priority for Canada.

The Aboriginal Canada Portal, launched in 2001, created through a partnership of the Government of Canada and national Aboriginal organizations, provides a single window through which Aboriginal peoples, organizations and government policy and program developers may locate, discuss and share information, views, services, successes and issues amongst one another. The Portal also acts as a central gateway to increase awareness of Aboriginal peoples history, heritage, traditions and community successes. Canada invites everyone to visit us at http://www.aboriginalcanada.gc.ca .

Canada's Smart Communities broadband strategy has created the Kuh-ke-nah Network, or "K-Net". The K-Net project is a bold venture to transform the social, cultural, political and economic landscape of five remote indigenous communities in northern Ontario. It is intended to build new capacities, overcome gaps in basic services and open new opportunities, enabling the participating communities to become more sustainable. This strategy is to be applied widely to indigenous communities in future.

The quality of life and the human capital of indigenous peoples are among the most basic determining factors to achieve sustainable development. In Canada and around the world indigenous people, and particularly indigenous children, still experience unacceptable gaps in education levels and a disproportionately high burden of disease and ill-health. These are persistent obstacles to both the human and economic development of indigenous peoples. Continued attention to the education of Aboriginal children and youth is an investment in the future development and sustainability of their communities. A commitment to improving the health of indigenous peoples at global and national levels must also empower indigenous populations to identify their own priorities and strategies for health. In Canada, the creation of the Centre for Aboriginal Peoples Health within the Canadian Institutes for Health Research, and the recent creation of the National Aboriginal Health Institute, are important strides in ensuring a sustainable governance focus within the health community, directed by indigenous peoples. It is only by working in partnership, supporting capacity development and respecting traditional knowledge and values that true progress can be made in improving the education and health status of indigenous peoples.

In an increasingly inter-dependent world, partnerships between indigenous peoples, governments and the private sector are the key to achieve sustainable development, wealth creation and corresponding poverty reduction, while protecting human rights. The Aboriginal Workforce Participation Initiative (AWPI) continues to promote and support initiatives for the recruitment of Aboriginal employees by the private and public sectors. AWPI is responsible for making more than 10,000 employers aware of the advantages of hiring Aboriginal people.

Since 1999, the Honourable Robert Nault, Canada's Minister of Indian Affairs and Northern Development, has been co-chairing a multilateral forum of federal and provincial/territorial Ministers responsible for Aboriginal Affairs and National Aboriginal Leaders. The focus over the last year has been on Aboriginal youth and Aboriginal participation in the economy, with a particular emphasis on Aboriginal women. A National Aboriginal Youth Conference (NAYC) was held in October 2001, during which youth identified their priority issues: education; culture and heritage; and social issues. In December 2001, Ministers and Leaders met to discuss the results of the NAYC and committed to holding a National Business Summit of business leaders, National Aboriginal Leaders and Ministers of Aboriginal Affairs in 2003.

In February, 2002, at a conference called Taking Pulse, the National Aboriginal Achievement Foundation brought together over 200 senior executives of Canada's largest corporations, members of the academic community, senior government officials, Aboriginal leaders and youth to devise strategies to improve Aboriginal participation in the economy. This initiative is expected to benefit both Aboriginal people and the economy in the future.

Canada's Aboriginal Human Resources Development Strategy (AHRDS), administered by Human Resources Development Canada, is another initiative being used successfully to help Aboriginal people assume greater control of their social and economic well being through partnership with the federal and provincial governments and the private sector. This $1.6 billion five-year initiative focuses on encouraging long term attachment to the labour market through individual case management. To date, AHRDS has serviced more than 93,000 clients and offered over 34,000 jobs, while providing support to working parents and training in sustainable careers for Aboriginal people in such diverse fields as computer technology, petroleum engineering, forestry, mining and the aerospace industry.

The Government of Canada welcomes and invests in significant economic and skills development opportunities for Aboriginal people involving major private sector resource development projects. As an example, in June, 2002, agreements on impacts and benefits of the new Voisey's Bay nickel mine in Labrador were successfully concluded between the Labrador Inuit Association, the Innu Nation, INCO Limited and the Province of Newfoundland and Labrador. Inuit and Innu communities have ratified these agreements through democratic referenda. A variety of federal government programs for Aboriginal skills training and business development will support the participation of Innu and Inuit people in this project.

In conclusion, Mr. Chairman, Canada wishes to state that for indigenous people to enjoy the right to development and to participate in development affecting them, on an equal basis with all others, they must not be merely the objects of development. The right to development is about participation, access, effective governance and possessing the tools for sustainable development. This is a multi-dimensional challenge that needs to be addressed through many modalities and institutions at national and global levels. Canada is implementing an approach focussed on partnerships; preservation and enhancement of economic, social and natural capital; and sustainable community development, as the best means to ensure that the rights and interests of indigenous peoples are protected.