On the same day Canada's Minister of Indian and Northern Affairs celebrated Treaty Day in Manitoba, the Union of BC Indian Chiefs again reprimanded Ottawa for failing to sign on to the UN Declaration on the Rights of Indigenous Peoples without amending or restricting their commitment to the international agreement.

When it was adopted in September 2007 following more than 22 years of discussion, the declaration was approved by 143 countries with 45 countries not participating or abstaining. Four countries -- Canada, New Zealand, Australia and the U.S. -- opposed to declaration. Australia and New Zealand have changed their position and the U.S. announced plans to do the same.

The declaration is not legally binding but affirms the equality of aboriginal people and their right to pursue and maintain their own institutions, industries, economies cultures and spiritual practices. It also recognizes the right for indigenous people to "freely determine their political status" and "exercising their right to self-determination. . . autonomy or self-government in matters relating to their internal and local affairs."

There is also this commitment:

Article 26


1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.


2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.


3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

The Canadian government and Ministry of Indian and Northern Affairs express their resistance to various clauses and lists its reasons for rejecting the declaration, in particular Article 26:

This text does not take into account the different interests that indigenous peoples may have in the land as well as the different legislative regimes and protections which apply to these lands. Also, the text does not recognize that rights to lands and resources need to be balanced with the rights of others.

In a brief passage from the March Speech from the Throne, Canada announced its intention to give "qualified recognition" to the declaration, by beginning, "We are a country with Aboriginal heritage." It continued, "A growing number of states have given qualified recognition to the United Nations Declaration on the Rights of Indigenous Peoples. Our Government will take steps to endorse this aspirational document in a manner fully consistent with Canada's Constitution and laws."

The UBCIC first voiced its opposition to Canada's conditional support of the UN declaration in April, banning with advocacy groups across the country, including the Assembly of First Nations, the First Nations Summit and Amnesty International.

In another statement released today, UBCIC Grand Chief Stewart Phillip urged both the Canadian and New Zealand governments, two former outposts of the British Empire, to join the other signatories and endorse the full spirit and intent of the declaration without conditions or restrictions.

"By deliberately interpreting the UN Declaration in accordance with the constitution and laws of each state, the Canadian and New Zealand governments are attempting to legitimize the 'status quo' by further entrenching the existing injustices and discrimination of their domestic policies within what is considered by the vast majority of Indigenous groups as one of the most important international human rights instruments of the United Nations," said Phillip.

After Pita Sharples, New Zealand's Maori Affairs Minister, returned to Wellington from the UN Permanent Forum on Indigenous Issues in New York in April, he said there was "great disappointment among Maori" when the declaration was not immediately endorsed. In a speech this week, Sharples said that the nations supporting the declaration, "simply acknowledge that indigenous peoples have human, cultural and property rights and they have rights of self-determination and to be consulted on matters that affect them."

Shawn Atleo, the Chief of the Assembly of First Nations, was at the same UN function as Sharples in New York and lobbied the Canadian government to make sense of their "qualified commitments" toward the declaration. He said, "The declaration sets out principles and processes based on mutual respect and partnership."

Chuck Strahl, the Minister for Indian and Northern Affairs Canada, today commemorated Treaty Day in Manitoba and stated in a news release, "[Treaties] are solemn agreements that set out promises, obligations and benefits for all parties."

Megan Stewart is completing a practicum at The Tyee.