And now:Ish <[EMAIL PROTECTED]> writes:

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Message-Id: <v04011707b33810dc7332@[128.253.55.17]>
Date: Mon, 12 Apr 1999 16:07:00 -0500
From: Native Americas Journal <[EMAIL PROTECTED]>
Subject: U.N. COMMITTEE CRITICIZES CANADA

The following article is provided by Native Americas, published by the Akwe:kon
Press at Cornell University. For more information on how to stay informed of
emerging trends that impact Native peoples throughout the hemisphere visit our
website at
<http://nativeamericas.aip.cornell.edu>http://nativeamericas.aip.cornell.edu 

U.N. COMMITTEE CRITICIZES CANADA 
By Paul Barnsley/Windspeaker 

An international panel of judges and human rights experts told Canada it needs
to get serious about protecting the human rights of Indigenous people within
its borders. The United Nations Committee on Economic, Social and Cultural
Rights concluded its autumn session on Dec. 4, by issuing conclusions after
listening to reports from five nations, including Canada. The committee
released its findings after listening to weeks of reports from nations that are
parties to the International Covenant on Economic, Social and Cultural Rights,
which has 137 signatory nations. 

Every five years, states that have ratified the treaty must report to the
committee and answer questions. During this session, Canada was criticized by
the committee for not following the committee's 1993 recommendations. That was
the last time Canada appeared before the committee, "when it adopted policies
at federal, provincial and territorial levels which exacerbated poverty and
homelessness among vulnerable groups at a time of strong economic growth and
increasing affluence." The committee approves of several Supreme Court of
Canada rulings dealing with equality provisions of the Charter of Rights and
Freedoms and praised Canada for appointing a Royal Commission on Aboriginal
Peoples. 

But it slammed Canada for not taking steps to make the terms of the
international treaty binding within its boundaries, citing the lack of legal
recourse under Canadian law for those who might claim that the covenant has
been violated. The committee also chided Canada for failing to make legislative
or constitutional changes that would allow the federal government to pressure
provinces that violated the terms of the covenant, noting that under the
present arrangement provinces could not be forced to comply. The committee
acknowledged the gross disparity between  Aboriginal people and most Canadians
and urged Canada to implement the recommendations of the Royal Commission. 

The committee report frowned on Canada's policy of extinguishment of Aboriginal
rights, and raised questions about the federal policy of devolving programs to
provincial governments, asking what the federal government could or would do if
provincial governments violated the terms of the covenant. The committee also
inquired about the self-determination ambitions of Canada's Aboriginal peoples
and what rights the Aboriginal peoples of Quebec would have if Quebec
separated. Federal officials assured the members that Canada has reversed the
trend towards social spending cuts and pointed to Indian Affairs Minister Jane
Stewart's Agenda for Action with First Nations as proof that Canada was
addressing the problems. 

The Grand Council of the Crees was the only Native group that attended the
committee meetings. Grand Chief Matthew Coon-Come summed up his impressions of
Canada's answers to the committee during a speech at Carleton University in
Ottawa on Dec. 10, calling the committee report "one of the most significant
developments in recent years concerning the human rights of Aboriginal peoples
in Canada." Coon-Come launched his own stinging indictment of Canada's reaction
to the report. "The reaction of the government was swift and predictable," he
said. "Ministers Herb Gray and Lloyd Axworthy stated that the U.N. committee
had relied on 'outdated' data, thus implying that things are now fine." 

The Grand Chief argued that things are not fine. He stated that an analysis of
spending on First Nations programs showed that per capita spending for Native
people has dropped by three percent since 1993, while per capita spending for
non-Aboriginal Canadians has risen over the same period by 24 percent. "We are
growing tired of the propaganda that is being used to continue to oppress and
dispossess us," he said. "By short-changing Aboriginal peoples in the way
federal governments do as compared to per capita spending on non-Aboriginal
Canadians, the federal government is actually enriching the federal treasury at
our expense." 
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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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