Aboriginal Children - Canada Must Do Better

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Assembly Of First Nations Welcomes Report
By Canadian Council Of Child And Youth Advocates,
Continues Calls For Respect For First Nation Rights To Full Engagement

Assembly of First Nations (AFN) National Chief Shawn A-in-chut Atleo today welcomed a report by the Canadian Council of Child and Youth Advocates, urging all levels of government to take seriously its important recommendations in relation to the respect and recognition of First Nation rights and the health and social development of First Nation citizens and communities in Canada.

In a special report to the United Nations Committee on the Rights of the Child presented last week, the Canadian Council of Child and Youth Advocates made 40 recommendations for consideration as Canada prepares for a review of its compliance under the UN Convention on the Rights of the Child. In the report titled "Aboriginal Children - Canada Must Do Better: Today and Tomorrow", child advocates recognize First Nation children as needing more attention in a way that is coordinated by First Nation governments, provincial and federal governments.

"This report has important recommendations that speak to the need for First Nations to be fully engaged in decisions that will impact the current reality and future of our peoples, particularly our youth and families," said AFN National Chief Shawn Atleo. "I strongly urge all levels of government to take seriously these recommendations, as First Nations advance our own approaches and plans that work for our peoples and communities. We will no longer take a back seat, particularly where our young people and futures are at stake. We are acting now to reach our full potential and to achieve fair and sustainable agreements for our peoples based on our rights and jurisdiction and the specific needs in our communities - for the benefit of our peoples and Canada as a whole."

The council of advocates notes that Canada will be called to report to the UN in 2012 on its progress. In order to meet its obligations, Canada will need to outline in detail a plan for improving the lives of Aboriginal children.

The report makes specific recommendations in regard to the full participation and engagement of First Nations in the matters that impact their citizens and communities, including developing a rights-based lens for reviewing and amending legislation. The report also recommends the Government of Canada convene a special conference of federal/provincial/territorial representatives, with Aboriginal leaders and child delegates, to explore key issues specific to Aboriginal children, suggesting that this conference would inform a national Aboriginal children's plan. Other key recommendations include naming a National Children's Commissioner.

Specific recommendations in regard to First Nations health are timely, given that AFN is wrapping up a three-day National Health Forum in Ottawa today. Key recommendations to address health inequities for First Nations include offering the same standard of health care as provided to children living off-reserve, the ongoing collection of disaggregated data, improving health infrastructure, the full implementation of Jordan's Principle and monitoring and evaluation of current initiatives and educational incentives for First Nation students in health care.

The AFN National Health Forum gathered almost 800 First Nation health directors and health experts to showcase advancements in health and to develop a new way forward. It wrapped up at the Ottawa Convention Centre.

The Assembly of First Nations is the national organization representing First Nations citizens in Canada.
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"By submitting this Special Report, we ask the Committee to encourage Canada to develop and implement special measures that will assist Aboriginal children, and all children, with the fulfillment of their human rights . . ."

Aboriginal Children - Canada Must Do Better: Today And Tomorrow

Submitted to: UN Committee on the Rights of the Child

By: Canadian Council of Child and Youth Advocates

1. Introduction

The Canadian Council of Child and Youth Advocates (the Council) submits this Special Report to the UN Committee on the Rights of the Child (Committee) to highlight the critical circumstances facing Aboriginal children today. The Council is a national alliance of child advocates legally appointed by the Canadian provinces and territories. The Council members’ mandates include promoting and protecting children’s human rights, including the rights of Aboriginal children. In our role as advocates for Aboriginal children, and through their voices, we have identified critical systemic challenges impacting Aboriginal children’s lives and requiring urgent attention. This awareness has led us to contribute to the Committee’s review of Canada’s 2009 report4 by submitting this Special Report. We ask the Committee to consider our report, including our recommendations directed at improving the lives of these, and all, children.

By focusing on Aboriginal children, we draw attention to the intertwining of circumstances affecting many vulnerable children within our jurisdictions. These vulnerable children include children with disabilities; trafficked and sexually exploited children; children requiring protection; homeless children; children in the justice system; and children whose families live in poverty. Refugee, unaccompanied and separated children also intersect with these groups. It is our belief that by highlighting factors relevant to Aboriginal children, we also emphasize what is pertinent to all groups of children. It is our belief that by promoting the realization of Aboriginal children’s human rights, we promote the realization of human rights for all children.

In its past Concluding Observations to Canada, the Committee has expressed their concerns and made specific recommendations about Aboriginal children, who remain among the most vulnerable children in Canada today. Canada has made some progress towards improving the lives of some children. It is our contention, however, that the Committee’s past recommendations remain largely unaddressed to the fullest extent possible and that a high percentage of Aboriginal children fail to realize their rights under the UN Convention on the Rights of the Child (CRC), the UN Declaration on the Rights of Indigenous Peoples and other human rights instruments.

In 2010, we released a position paper highlighting significant issues affecting Aboriginal children, making recommendations and calling upon Canada for an immediate response. Our position paper informs this Special Report, which we believe offers a more realistic and contemporary picture of Aboriginal children’s lives than what Canada has reported. Our analysis reveals a crisis in Aboriginal children’s lives that must be addressed. To bring attention to Aboriginal children and encourage what is required to fulfill Canada’s CRC obligations, this Special Report refers to the Committee’s earlier observations, its recommendations to Canada and the Committees’ General Comments where applicable. We also mention Canada’s 2009 report, when relevant, and offer information along with recommendations that we believe will assist the Committee in its review of CRC implementation in Canada.

The Committee, Canada and the Council agree that Aboriginal children face gross inequities and lack opportunities to realize fully their CRC rights. We appreciate the Committee’s guidance to Canada (and other States) on indigenous children’s CRC specific entitlements, which are ‘…indicative of the recognition that [indigenous children] require special measures [author emphasis] in order to fully enjoy their rights’.6 By submitting this Special Report, we ask the Committee to encourage Canada to develop and implement special measures that will assist Aboriginal children, and all children, with the fulfillment of their human rights under the CRC and other related human rights instruments.