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Progress and Lack Thereof on Indigenous Rights Declaration

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by Brad Jolly, Partner

December 21, 2007

On September 13, 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples by a vote of 143 in favor, 11 abstaining, and only 4 states voting against it. Of course, it was no surprise that the United States voted against rights for indigenous peoples, including its own Indian peoples, and the votes of New Zealand and Australia were not too out of character either. However, Canada's vote against the Declaration was more disturbing due to its typical support for Human Rights, even though it was expected under its new conservative leadership.

Three months after the Declaration's adoption, Canada still fears the concept of rights for its own indigenous population. According to "Canada and the International Protection of Human Rights: An Erosion of Leadership?", a report from Amnesty International, "Canada has gone on to claim - without any basis in international law - that states that voted against the Declaration should be exempt from the standard that it has set." The Secretary General of Amnesty Canada, Alex Neve, noted that the idea that states can opt out international declarations and conventions by simply voting against them "dramatically undercuts the integrity of the international human rights system." One has to wonder how long it will take the United States to stand by Canada and also assert that it is exempt so that it does not have to concern itself with the treatment of Indian peoples, Alaska Natives, and Native Hawaiians.

On the brighter side, Bolivia has become the first nation state to adopt the Declaration as national law. In addressing indigenous Bolivians celebrating the adoption of the Declaration as Bolivian law, President Evo Morales said, "From the passage of this declaration, I feel that the indigenous movement has gone from one of resistance to one of power, but not sectarian, personal, individual or regional power; but to create a power that, at its core, is a way of living in a community . . . it is the power of resolving problems equally for all, not only in Bolivia but in the entire world." Interesting that a nation Canada and the United States consider "third world" is showing itself to be far more developed and advanced.

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