A Voice for the Voiceless

By Sovereign Hager

Impunity Watch Reporter, North America

NEW YORK CITY, United States – The government of Canada continues to oppose the United Nations Declaration on the Rights of Indigenous Peoples (DRIP), as over 2,000 participants from around the world gather at the UN Headquarters to discuss Indigenous rights.

Canada, the United States, New Zealand, and Australia have opposed the Declaration since its creation in 2007. Australia recently reversed its position and John Key, New Zealand’s Prime Minister, has said he will consider reversing New Zealand’s opposition. UN leaders are in contact with President Barak Obama about possibly reversing the Bush Administration’s opposition to the Declaration.  Canada’s intransigence was the primary topic of concern at a press briefing this week.

The Canadian government claims that the Declaration conflicts with the Canadian Constitution because it favors Indigenous rights over non-Indigenous rights. Victoria Tuali-Corpuz, the chairperson of the UN Permanent Forum on Indigenous Rights, called Canada’s reasoning “invalid”.  Officials expressed surprise at Canada’s position considering its “advanced” policy regarding Indigenous people.  Furthermore, Canada has been active on other international human declarations, like the Committee on the Elimination of All Forms of Discrimination against Women.

Discussions at the conference included complaints from Indigenous people that Canadian mining companies do not respect their rights.  Participants addressed a letter to Canadian Prime Minister, Stephen Harper, calling on Canada to “establish clear legal norms . . . to ensure that Canadian companies and residents are held accountable when there is evidence of environmental and/or human rights violations.”

The Declaration includes provisions recognizing Indigenous human rights to self-determination, land, natural resources, and compensation for rights violated. DRIP is not legally binding, but the outlines of the declaration are to be referenced when a country enacts new laws and policies.  According to Tauli-Corpuz, “More attention needs to be focused on the trans-boundary human rights obligations of countries which are hosting extractive corporations and creating problems for indigenous people.” The text of the Declaration is available here.

By Nima Nayebi
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – In an effort to curtail drug-related violence, the Mexican army has been engaged in domestic policing, but a lack of training and accountability has led to allegations of rampant human rights violations according to a recent Human Rights Watch (HRW) report.

President Felipe Calderón initially recruited the army in the effort as part of a 2006 emergency plan. Since then more than 1,230 reported cases of human rights violations have prompted Mexican human rights organizations to ask the U.S. to halt American military aid to Mexico. While abuses include disappearances, killings, torture, rapes, and arbitrary detentions, none of the military investigations and trials has led to the conviction of accused soldiers. According to Raúl Benítez, defense specialist at the National Autonomous University of Mexico, part of the problem is that “[h]aving military officers commit abuses is seen as the lesser evil. People just want the army to protect them from the narcos.”

The HRW report details seventeen graphic cases of abuse in 2007 and 2008 involving more than seventy individuals. HRW recommends that civilian courts, rather than military tribunals, hear military abuse cases to ensure proper prosecution and deterrence. The Mexican Interior Department has promised to study the report, but has stressed that military court rulings may be appealed in civilian courts.