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Canada's Role in the Impasse on the Question of Indigenous Lands at the United Nations

The Working Group of the United Nations Commission on Human Rights on the draft Declaration on the Rights of Indigenous Peoples is paralyzed.

GENEVA, September 26, 2003 ? The Working Group of the United Nations Commission on Human Rights on the draft Declaration on the Rights of Indigenous Peoples is paralyzed.

This week, as the articles of the draft Declaration dealing with aboriginal lands were being discussed, the Chairperson of the Working Group had implored the participants to make recommendations based on the draft text that was approved in 1994 by the UN Sub-Commission on the Promotion and Protection of Human Rights. However, Australia-with the support of Canada-presented a new set of proposals about indigenous lands. The proposed reorganization of the chapter on indigenous lands weakens the norms included in the draft text.

Indigenous representatives and the majority of governments (particularly the Scandinavians and Latin Americans) have refused to discuss this new proposal and want to focus on the draft text. Only the United States and the United Kingdom support a discussion of the Australian-Canadian proposal. Confronted with this division, the Chairperson suspended the Working Group and has offered his services as a mediator. He will submit his own text in an attempt to bridge the gap between the divergent positions.

Indigenous representatives are very frustrated and angry. They feel that precious time is being wasted. There are enormous time pressures surrounding the Working Group since there are only two more working sessions left to adopt the 45 articles of the draft Declaration. At present, there is agreement upon only 2 articles.

While it appeared that a consensus was emerging last week as the Working Group dealt with the sensitive question of self-determination, the question of indigenous lands has renewed certain States' opposition to a strong Declaration. This group includes Australia, the United States, the United Kingdom and-unfortunately-Canada.