The Rights of the Indigenous Peoples Upon the Conclusion of a Visit to Canada - Coursework Example

 I. SUMMARY: Upon a recent visit to Canada, in his capacity as the United Nations Special Rapporteur on the various rights of indigenous peoples, James Anaya met with a number of federal and government authorities representatives as well as First Nations, Métis and Inuit leaders. His visit took him to various places which included several indigenous territories in British Columbia, Manitoba, Alberta, Ontario, Saskatchewan and Québec. While on the visit, the special envoy was able to observe the challenges that happen to face the indigenous people in these areas. The indigenous people were also able to share their aspirations, concerns and stories with the envoy. Upon the conclusion of the visit, the envoy was able to present a public statement pertaining to the rights of the indigenous people in the country, based on his observations. He also made a number of recommendations on how Canada could be able to effectively tackle some of the challenges it was experiencing in regards to the rights of these indigenous communities. II. BACKGROUND: While the envoy acknowledged that Canada was indeed a widely multicultural and diverse society (Burayidi, 2000) that has consistently been a world leader in the promotion of human rights since the inception of the United Nations. The country is however faced with a crisis in respect to the current situation of it indigenous people (Anaya, 2013). Envoy Anaya made a number of recommendations in his statement that could be used to aid Canada ineffectively dealing with this crisis. Some of these recommendations and the Canadian government’s view on their impact include: III. CONSIDERATIONS: The Residential Schools Program The residential schools program is seen to have forced numerous indigenous students from their homes and into schools that served to critically destroy their families, language, community bonds, dignity and culture (Milloy, 1999). Envoy’s Recommendations 1. The special envoy recommended that the Truth and Reconciliation Commission’s mandate be extended to allow them to complete their work (Anaya, 2013). Government’s Views on Recommendations 1. This recommendation is seen to be line with the Canadian government’s objective that seeks to try and correct the ills that were inadvertently caused by the program. To this end, the government’s residential schools resolution seeks to try and promote reconciliatory measures between the Aboriginal people (Aboriginal Affairs, 2013). 2. The government and as such should extend the mandate of the commission. Family Violence and Insecurity The envoy noted that there was a disturbing phenomenon of a high number of Aboriginal women going missing or being murdered at the hands of both the non-Aboriginal and Aboriginal assailants with a higher tendency of remaining unsolved. Envoy’s Recommendation 1. The envoy recommended that the government develops a comprehensive and nation-wide inquiry into the issue to help demonstrate an effective response by the government to these concerns (Anaya, 2013). Government’s Views on Recommendations 1. In the 2013 budget, under its Economic Action Plan 2013; the Canadian government invested over $24 million across a two year time period in the Family Violence Prevention Program with the aim of improving overall security n the reserves (Canada.gc.ca, 2013a). 2. A further $33 million was also invested over a two year period to provide a more stable multi-year funding to improve the policing in both the Inuit and First nations communities. In light of this efforts, the Canadian government can be seen to be taking appropriate measures to address this issue (Canada.gc.ca, 2013a). Insufficient and Dilapidated Housing Envoy Anaya pointed out that the current housing that is being provided for the Aboriginal communities can be termed as being woefully inadequate. Children are unable to study in their small over crowded homes. Envoy’s Recommendation 1. Anaya recommended that the government treats the housing situation in the Inuit communities and the First Nations reserves with the urgency that the matter is seen to require (Anaya, 2013). Government’s Views on Recommendations 1. As part of its Community infrastructure program (Aboriginal Affairs. 2013), that is designed to support housing, electrification and community building among others, the Canadian government has invested an estimated over $100 million over two years aimed at supporting the construction of an estimated 250 new housing units in Nunavut (Canada.gc.ca, 2013a). The Impediment of the Aboriginal Self Governance capacity During the special envoy’s visit, the Aboriginal leaders pointed out to his that their self governance capacity and economic development largely remained impeded by the multiple legacies seen to result from treaty infringements, history of colonization, the land dispossession of their people and assault on their culture. Envoy’s Recommendations 1. The Envoy encourages the government to try and take a less adversarial position-based approach that actively seeks to establish and use the most restrictive interpretation of the rights and treaties of the Aboriginal communities. As opposed to this, the government should instead as opposed public interest being opposed to Aboriginal concerns, it is actually seen to include them (Anaya, 2013). 2. The envoy also recommends that resource extraction should not occur on the lands that are currently subject to Aboriginal claims without there being adequate consultations with the prior, informed and free consent of the Aboriginal peoples concerned (Anaya, 2013). Government’s Views on Recommendations 1. In Canadian government and First Nations Joint Action Plan, the government is seen to intend to try and improve the existing relationships and partnerships between the First Nations and Canada respectfully of the various Aboriginal and Treaty rights as affirmed and recognized in the Constitution Act of 1982 (Canada.gc.ca, 2013c). 2. Under the Joint action plan, the government also hopes to eventually confirm the areas of common ground with Treaty First Nations and manage to develop a number of concrete options that will serve to greatly reinvigorate treaty relationships that will build on the outcomes of the INAC-AFN Treaty Conference held in 2008 (Canada.gc.ca, 2013c). IV. NEXT STEPS: Recommendations to Senior Management 1. Following the statement by the United Nations special rapporteur, the Indian affairs department will be better able to understand the key issues that seem to be affecting the First Nations. The release of the statement by the United Nations will also serve to lend additional importance to the First Nations a factor that will cause the Indian Affairs department improve its relations with the First Nations in a bid to try and resolve these challenges. 2. Among the initiatives that the government should now undertake to ensure that it is able to improve the condition of the indigenous people, the Canadian government should now work towards attempting to try and greatly improve the lives and living conditions of its indigenous people. This can be achieved by effectively focusing on the policies guiding the 10-year First nations Implementation plan that was first established in 2005. By following this implementation plan, the government will be able to successfully close the rather wide gap in the quality of life that is seen to exist between its Aboriginal peoples and other Canadians (Aboriginal Affairs. 2013; Canada.gc.ca, 2013b). 3. The Canadian government should fast-track its plans aimed at creating a national panel that will hold a series of several roundtable discussions with parents, community elders, students, educators and all the other persons seen to have an interest in attempting to improve the education to the First Nation communities. The recommendations made by these panel will be forwarded to the concerned minister and National chief and will subsequently be used to make informed, positive and concrete changes that will help in improve education for the First Nations students (Aboriginal Affairs. 2013; Canada.gc.ca, 2013c). 4. The Canadian government under its Urban Aboriginal Participation Program will be able to effectively support the participation of the Urban communities in the economy. Under this program, the Federal Government will be able to work with the Aboriginal community, other governments and stakeholders to remove or reduce the existing barriers in addition to helping these individuals in accessing critical life skills and knowledge (Aboriginal Affairs. 2013). V. ANNEXES Bibliography Canada.gc.ca. 2013a. Budget 2013 Highlights – Aboriginal and Northern Investments. Retrieved on November 20, 2013 from http://www.aadncandc.gc.ca/eng/1363964630328/1363964850834 Canada.gc.ca. 2013b. First Nations Implementation Plan. Retrived on November 20, 2013 from http://www.aadnc-aandc.gc.ca/eng/1100100013797/1100100013798 Canada.gc.ca. 2013c. Canada – First Nations Joint Action Plan. Retrived on November 20, 2013 from http://www.aadnc-aandc.gc.ca/eng/1314718067733/1314718114793 Aboriginal Affairs. 2013. Report on Plans and Priorities. 10Wellington Street, North Tower Gatineau, Québec. Anaya J. 2013. Statement upon conclusion of the visit to Canada. Retrieved on November 20, 2013 from http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=13868&Lang ID=E Burayidi M. 2000. Urban planning in a multicultural society. London [u.a.] : Praeger. Milloy, S. J. 1999. Sheridan A national crime : the Canadian government and the residential school system, 1879-1986. Winnipeg : University of Manitoba Press. Read More