SUBMISSIONS FOR THE REVIEW OF THE 19TH AND 20TH PERIODIC REPORTS OF CANADA BY THE UN COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION

SUMMARY OF AMNESTY INTERNATIONAL’S SUBMISSIONS TO THE UN COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION

Canada underwent its sixth review of its compliance to International Convention on the Elimination of All Forms of Racial Discrimination in February 2012. Amnesty International provided written submissions to the Committee. Our submissions drew attention to Amnesty International’s concerns with respect to the rights of Indigenous peoples, refugees and migrants, and racial discrimination in the context of national security laws and practices. Amnesty International highlighted:

  • Ongoing impoverishment and deprivation faced by Canada’s Inuit, Métis and First Nations communities, and Canada’s failure to respect Indigenous rights, including:
    • Failing to implement the UN Declaration on the Rights of Indigenous Peoples;
    • Failing to respect and protect Indigenous peoples’ land rights;
    • Failing to ensure appropriate police response to Indigenous land rights protests;
    • Failing to develop a comprehensive response to high levels of violence facing Indigenous women and girls; and
    • Enabling government discrimination in the delivery of government services;
  • The impact of Canadian trade policy and the overseas operations of Canadians companies on the rights of Indigenous peoples in other countries;
  • Bill C-4, which allows arbitrary detention on the discretion of the Minster of Public Safety of migrants, refugees, and asylum seekers arriving irregularly to Canada;
  • Canada’s continued stance that under certain circumstances it may deport individuals even if there is a substantial risk that they will be subjected to torture or other cruel, inhuman or degrading treatment or punishment in the country they are deported to;
  • Concerns about sub-standard working conditions and lack of access to health care for migrant and temporary workers in Canada; and
  • Ongoing racism and discrimination in Canada’s national security practices in the areas of immigration security certificates, profiling, access to remedies, and the need for strengthened review and oversight.

OUTCOMES OF THE REVIEW

In its Concluding Observations, the Committee on the Elimination of All Forms of Racial Discrimination noted with appreciation Canada’s formal apology delivered to Indigenous peoples in June 2008 for its Indian Residential Schools System. However, among its many concerns the Committee noted the persistent levels of impoverishment experienced by Aboriginal peoples in Canada, and the fact that Canada was not living up to its obligations to respect Indigenous land and resource rights. The Committee was also concerned that Canada had not yet adopted measures to ensure human rights compliance of its transnational corporations whose operations abroad negatively impact the rights of Indigenous peoples in other countries. The Committee was alarmed that Aboriginal women and girls continue to be disproportionately victims of violence, murders, and disappearances. The Committee also noted with concern that Canada continues to permit deportation of individuals that face a real risk of torture and ill-treatment in the country they are deported to. 

LEGAL RESOURCES

International Convention on the Elimination of All Forms of Racial Discrimination

Canada’s 19th and 20th Periodic Report to the UN Committee on the Elimination of Racial Discrimination (CERD/C/CAN/19-20)

Amnesty International’s Briefing to the UN Committee on the Elimination of Racial Discrimination (February 2012)

Concluding Observations of the UN Committee on the Elimination of Racial Discrimination (CERD/C/CAN/CO/19-20)

Canada’s follow-up submissions to the UN Committee on the Elimination of Racial Discrimination on the implementation of the Committee’s Concluding Observations (CERD/C/CAN/CO/18/Add.1)

MEDIA

“UN Committee: Canada needs comprehensive action to uphold Indigenous rights” (14 March 2012)

“UN Committee calls for ‘comprehensive strategy’ to uphold the human rights of Indigenous peoples in Canada” (14 March 2012)

“UN Committee must push Canada to end racial discrimination” (17 February 2012)

“UN Committee urged to examine discrimination against Indigenous peoples during review of Canada’s human rights record” (16 February 2012)

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