A/HRC/54/31/Add.2
V. Conclusions and recommendations
86.
The Government of Canada has made significant progress over the 10 years since
the previous visit of the Special Rapporteur, through the implementation of the United
Nations Declaration on the Rights of Indigenous Peoples Act and other important
measures. The Special Rapporteur commends the Government for its proactiveness on
Indigenous issues in international forums, its constructive collaboration during the visit
and its open acknowledgment of remaining challenges. Canada can serve as an example
for other countries with regard to acknowledging the historical and ongoing harms
against Indigenous Peoples and to advance reconciliation. It is laudable that Canada
has taken many important steps to advance Indigenous Peoples’ rights. Regrettably,
the most significant achievements are often acquired through court decisions or case
settlement rather than implementation of governmental policies, and these advances
are ultimately the result of Indigenous Peoples’ strong determination and unabated
courage to defend their rights.
87.
The Government must address, as a priority, the deep-set, systemic and
structural racism affecting Indigenous Peoples and, without further delay, put into
practice the calls issued by the Truth and Reconciliation Commission, the National
Inquiry into Missing and Murdered Indigenous Women and Girls and other thematic
commissions. Implementation of these recommendations is vital to gain the trust of
Indigenous Peoples in Canada and to maintain constructive and collaborative dialogues.
If political commitments are not followed by concrete actions with lasting impacts on
Indigenous Peoples’ lives, the country’s perceived progressiveness at the international
level will be questioned. Indigenous Peoples are asking Canada to respect their Nationto-Nation relationships, treaties and self-government agreements and to ensure their
full and equal participation in decisions that affect their rights, title and interests.
Canada has embarked on an important journey towards reconciliation that must
dismantle the foundation of structural racial discrimination against Indigenous Peoples.
88.
The Special Rapporteur recommends that Canada take the following actions in
respect of collaboration, cooperation and consultation with Indigenous Peoples,
including representatives of non-status and off-reserve people.
Legal and institutional framework
89.
Canada should:
(a)
Encourage all provinces and territories to incorporate the provisions of
the United Nations Declaration on the Rights of Indigenous Peoples into binding
legislation and establish a commemoration day of truth and reconciliation;
(b)
Set up an independent Indigenous-led human rights mechanism in
compliance with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles), to monitor and
enforce the implementation by Canada of the United Nations Declaration on the Rights
of Indigenous Peoples and the United Nations Declaration on the Rights of Indigenous
Peoples Act,
(c)
Review and amend all relevant laws to ensure they align with the State’s
domestic and international obligations towards Indigenous Peoples and remove any
existing legal barriers to the effective exercise of Indigenous self-government;
(d)
Ratify the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, the Indigenous and Tribal
Peoples Convention, 1989 (No. 169) of the International Labour Organization and the
American Convention on Human Rights.
Residential schools
90.
GE.23-13374
Canada should:
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