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Background
Indigenous rights
Canada is home to Aboriginal Peoples who are seeking recognition and self-determination on the world stage.
Introduction ~ Background ~ Early history ~ New developments in Canada ~ Other contemporary issues ~ Future directions
Background
The views expressed in this publication are provided here to stimulate discussion and learning. They do not reflect the views of Canada’s World staff, reviewers, funders, collaborators, or the SFU Centre for Dialogue.
Indigenous Peoples
The term Indigenous People is used to describe a diversity of groups around the world, who speak many different languages and have unique cultures, traditions and histories.
Local understandings of what it means to be Indigenous can vary from region to region. For instance, Indigenous people in North America, also know as Aboriginal peoples, are often defined as being decedents of the first peoples who inhabited the continent. In contrast, in parts of Africa, being Indigenous is associated with belonging to a marginalized or nomadic community such as the Tuareg or Pygmies.
While there may be no one universal definition of Indigenous peoples, nonetheless, there are a few ‘common' characteristics used to define Indigenous Peoples. They include:
1. Being a descendent of peoples who had the earliest connection to a territory, now under the influence or rule of another group - usually through colonization or settlement.
2. Having a lifestyle, culture, language, ethnicity or system of government, that is different from that of the national and ruling power.
3. Experiencing discrimination due to ethnicity, race and lifestyle. In some cases this discrimination has resulted in the disruption or banning of traditional Indigenous subsistence activities such as hunting, trapping, fishing, and agriculture.
The Indigenous Rights movement generally accepts that a person or a group may self-identify as Indigenous, even if the traditional definitions of Indigenous Peoples do not apply to them.
Interestingly, the Declaration on the Rights of Indigenous Peoples, does not establish a single definition for Indigenous Peoples. A member of the Working Group that drafted the Declaration said, "Historically, Indigenous peoples have suffered, from definitions imposed by others."
Population
Worldwide Indigenous populations are increasing, and at rates higher than the general population. The two main factors cited for this are:
1. high birth rates in Indigenous communities; and;
2. increasing numbers of people self identifying as Indigenous.
The United Nations estimates that there are 370 million Indigenous people living in more than 70 countries worldwide. While numbers often vary according to how sources define or identify Indigenous peoples, many countries are home to sizeable Indigenous populations. For example the percentages vary from:
→ Over 60% in Bolivia.
→ About 40% in Guatemala.
→ 14% in New Zealand.
→ An estimated 8% in Mexico.
In Canada, Indigenous peoples represent 3.8% of the total population: still a significant percentage relative to most countries in the world. According to the 2006 census, Canada is home to approximately 1.2 million Aboriginal people. This includes close to 700,000 First Nations people, 390,000 Métis, and 50,000 Inuit. Between 1996 and 2006, the Aboriginal population grew by 45%, compared with 8% for the non-Aboriginal population.
Internationalization of Indigenous Rights
Over the past several decades, an international movement to recognize the rights of the world's Indigenous peoples has gained global momentum. Increasingly, Canada's policies on lndigenous issues are being placed under a global spotlight.
The international Indigenous rights movement recognizes the great diversity of Indigenous peoples but also asserts that they share many common desires, including: social and economic development; the protection of cultures; languages; and their environments; human rights; and, the recognition of their unique identities.
This movement challenges Canada to deepen its understanding of Indigenous peoples' aspirations and adopt new approaches for moving forward. New forums and organizations are amplifying the voices of Indigenous Canadians (i.e. the Working Group on Indigenous Populations), and can help non-Indigenous Canadians appreciate the significance of Indigenous issues. In addition, the movement provides concrete examples of ways in which Indigenous Peoples outside Canada are advancing their agendas - which may be helpful in Canada.
Similarly, Canadians are increasingly able to share their experiences related to Indigenous issues internationally. For example, the Canadian Department of Foreign Affairs and International Trade (DFAIT) now includes International Indigenous Affairs as part of its foreign policy and the Canadian International Development Agency (CIDA) also funds projects to assist Indigenous peoples around the world, through the Indigenous Peoples Partnership Program (which connects Aboriginal people in Canada with Indigenous peoples abroad).
Indigenous Peoples and the United Nations
Since the end of WWII Indigenous peoples have gained increasing attention within the United Nations. But while the United Nations Charter (1945) and the UN Declaration on Human Rights (1948) were important to the movement by establishing rights to self-determination, non-discrimination, and liberty, Indigenous rights were not the subject of focused attention. This changed in 1982, when the United Nations formed the Working Group on Indigenous Populations (WGIP).
In 1993, during the International Year of the World's Indigenous Peoples, an idea emerged to create a permanent forum within the United Nations to discuss Indigenous issues. In 2000, this idea came to life with the creation of the United Nations Permanent Forum on Indigenous Issues. Today, this body works to provide advice to other UN bodies, raise awareness, and share information on Indigenous issues.
Also in the mid-nineties, the United Nations launched the first International Decade of the World's Indigenous People. This announcement coincided with new UN efforts to work with Indigenous peoples on social and economic development projects. In 2005, the UN proclaimed 2005-2015 to be the Second Decade of the World's Indigenous Peoples, hoping to further strengthen international cooperation on resolving Indigenous peoples' concerns.
Against this backdrop, the past quarter century has witnessed a sustained campaign to create a declaration stating the individual and collective rights of the world's Indigenous peoples. Efforts bore fruit on September 13, 2007, when the United Nations General Assembly adopted The Declaration on the Rights of Indigenous Peoples.
The non-binding Declaration (this means it carries no legal authority, although many articles of the declaration are already a part of customary international law ) outlines Indigenous peoples' rights to identity, culture, language, employment, health, education and other issues. Although Canada was involved in the decades-long process of developing the Declaration, it was one of four countries to vote against its adoption. The United States, New Zealand, and Australia also voted against the Declaration.
While the Canadian government has expressed its support for Aboriginal and treaty rights, it is opposed to certain elements of the Declaration. The Canadian government has stated that the Declaration's position on land rights could interfere with land claims processes and existing treaties in Canada. The Canadian government is also concerned that parts of the Declaration could be interpreted as a ‘veto' for Indigenous peoples over some law-making matters in Canada.
Indigenous groups in Canada, as well as other supporters of the Declaration worldwide, have expressed disappointment in Canada's position. Such groups are raising questions about Canada's willingness to confront Indigenous peoples' concerns, and the potential impacts on Canada's global reputation. As many view the Declaration as an important symbol of progress, Canada's position on the Declaration will remain significant during future discussions on Indigenous rights.
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