And now:Ish <[EMAIL PROTECTED]> writes:
X-Sender: [EMAIL PROTECTED]
Date: Sun, 3 Jan 1904 04:03:44 +0100
To: [EMAIL PROTECTED]
From: NetWarriors/WarriorNET Network <[EMAIL PROTECTED]>
Subject: CANADA ON SELF-DETERMINATION DAY 6
Statement of Canada on Self-determination UN Working Group on the Draft
Declaration on the Rights of Indigenous Peoples December 7, 1998
Thank you, Mr. Chairman.
The issue of self-determination is of fundamental importance to Indigenous
Peoples and is central to the Draft Declaration. Canada spoke at length
about our understanding of the evolving nature of this right at the Second
Meeting of the Working Group in 1996, and our statement from that year
remains the definitive expression of Canada's position.
However, I would likely to briefly restate a number of key points which are
drawn from it. The right of self-determination is set out in Article 1 of
the two international covenants. We recognize that this right applies
equally to all collectivities, indigenous and non-indigenous, which
qualify as peoples under international law. Neither the term
self-determination nor peoples is clearly defined under international law.
Traditionally, the right of self-determination has been understood to
apply to the entire population of a state and to peoples in a colonial
situation where it was equated essentially with the right to statehood.
The question raised by the Draft Declaration is whether the right also
exists to peoples, including indigenous peoples, living within an existing
democratic state, and if so, what that right consists of. A survey of
state documents and academic literature suggests the continuing evolution
in the understanding of the right of self-determination. In addition,
over the past several years, we have witnessed an evolution in the views
of some states as a result of the discussion in this working group.
Self-determination is now seen by many as an on-going right which can
continue to be enjoyed in the functioning of a democracy, without
threatening the political or territorial integrity of the state. For its
part, the government of Canada accepts the right of self-determination for
indigenous peoples which respects the political, constitutional and
territorial integrity of democratic states. We see no necessary
incompatibility between the mainenance of the territorial integrity of the
state and the right of peoples to attain the full measure of self-
determination. A state whose government represents the will of the people
or peoples resident within its territory, on a basis of equality and
without discrimination, and respect the principles of self-determination
in ts own internal arrangements is entitled to the protection, under
international law, of its territorial integrity.
In this context the right of self-dtermination is intended to promote
harmonious relations between states and indignous peoples. Exercise of
the right must therefore involve negotiations between the states and
indigenous peoples. These negotiations will need to take account of the
jurisdiction, responsibilities and competence of governments, as well as..."
----------------------------------------------------
notice
The statement ended shortly after this; unfortunately my tape ran out
before the government representative finished speaking. My sincere
apologies. If any of you out there can get a complete copy, that would be
extremely helpful. Thank you. Val
____________________________________________________
Dedication to Solidarity >< Calling for World Action
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Una Paz sin la Verdad es Genocidio
La paix sans la verite est Genocide
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