By Peter
McKenzie-Brown
Canada has become a leader in the movement against the
racism practiced against indigenous peoples that has so long been common
practice in much of the world. Is it possible that Ottawa will really follow
the lead of Alberta and other provinces by recognizing the rights given to aboriginal
people in the Constitution without hassle? Such an act would shift cases out of courts
into nation-on-nation negotiations.
It’s taken 36 years since
repatriation of our constitution for our national government to reach this
point, and it will take many years more for the system to move from legislation
into practical reality. But in the end it will reduce legal conflict, generate
goodwill and save taxpayer dollars. That’s a lot, and it’s part of a larger
story I’d like to share. This tale began when the dogs of war were raging
across the Atlantic during WW2.
Although
he was a life-long pacifist and supporter of human rights causes, Albert
Einstein will ironically be remembered also as the man who convinced US
president Franklin Roosevelt to begin the Manhattan Project. Led by the United
States with support from Britain and Canada, the development of nuclear weapons
took place during World War II. It led to the only use of nuclear bombs in
anger (so far), at Hiroshima and Nagasaki.
In a now-famous letter, Professor Einstein
suggested that nuclear chain reactions in large masses of uranium could release
“vast amounts of power and large quantities of new radium-like elements.” And,
he speculated, “Extremely powerful bombs of a new type may thus be
constructed.” While America had only poor ores of uranium, Einstein said, “There
is some good ore in Canada.” Therein lies a tragic story.
Twenty years ago, an indigenous
woman from the Sahtu First Nation described that tragedy to a United Nations
conference on Human Rights. Cindy Gilday spoke on a panel considering whether
the environment, the economy and human rights were “cross currents or parallel
streams.”
The Edmonton conference brought together
human rights activists from around the world. Many had been jailed for having
the impertinence to suggest, for example, that their national governments
endorse democracy.
One speaker after another described
the global struggle for human rights. They argued forcefully that rights are
universal, and do not conflict with cultural or religious values. Ms. Gilday’s
presentation spoke to the experience of one Indigenous nation during the Second
World War. At the time, her people lived a largely nomadic existence: few spoke
much English, and they knew almost nothing about the war. As it happened,
however, their traditional territory was near the uranium mine being developed
for the Manhattan Project.
The ore came from a rich deposit of
uranium and radium along the shores of Great Bear Lake, in the Northwest
Territories. During the long days of summer, a wartime mining company hired
local men to carry 40-kilogram burlap bags of ore from the mine to the
Mackenzie River. They carried those loads for long hours, for months on end.
When the bags ripped apart, the Sahto people shifted the spilled ore off the
trail, but took the contaminated bags to their temporary village. There, the
burlap found many uses.
Years later, the ore-carriers began
dying of cancer, and the community (today a settlement of some 450 known as
Deline, 544 km northwest of Yellowknife) became, in Ms. Gilday’s words, “a
village of widows.” The people became aware of the connection between
radioactivity and cancer. They also came to understand that they had
unwittingly helped contaminate their remote northern homeland with radioactive
waste.
The families of the men who served
as ore-carriers during the war had wounds that are yet to be healed, Ms. Gilday
said. “Like most Native Americans, their culture, spirit and their very beings
are linked intimately with the well-being of mother earth. This has been compromised
by uranium mining contamination....If their environment is compromised, their
lives are compromised.” She said their wartime experience involved a breach of
human rights, which no government had ever attempted to redress. But there was
a war on, and that took precedence over everything else.
But whichever side of this argument
you take, I thought at the time, Ms. Gilday’s story illustrated three powerful
trends in modern society. The dynamic relations among public health, safety and
the environment were a single issue. Another was that many of the world’s
indigenous peoples were learning to mobilize public opinion in their effort to
reclaim traditional lands and livelihoods. The third was that moral claims
based on human rights have economic and political force. “Each has powerful
implications for globally organized business,” I reported.
Declarations of Human
Rights. Another important source of change in Canadian attitudes to each
other came indirectly from the human rights efforts of John Peters Humphrey, a Montréaler.
Montréaler Mr. Humphrey drafted the Universal
Declaration of Human Rights, which the UN passed in 1948. The following
year, he drafted and the UN passed a group of related international agreements,
which included the four Geneva Conventions.
The Soviet Union’s UN representative,
Andrei Vishinsky, dismissed the declaration as just a “collection of pious
phrases.” Sadly, for the first two decades of its existence, Vishinsky’s
assessment seemed to be accurate. But by the 1970s the declaration had begun gathering
momentum. For example, in 1977 Canada passed the Canadian Human Rights Act, with
the express goal of extending the law to ensure equal opportunity to everyone
with our country.
Western democracies expected their
leaders to raise human rights issues when they visited such countries as China.
Large corporations that bought from Third World sweatshops or operated within the
countries that were the worst abusers of their citizens frequently found
themselves the targets of boycotts and picket lines. And countries that
systematically violated human rights found the world’s economic powers imposing
embargoes and economic sanctions upon them.
No one understands this better than
South Africa’s Anglican archbishop emeritus
Desmund Tutu. As a critic of the former South African system of Apartheid, Mr.
Tutu received the Nobel Peace Prize in 1984. His moral influence led to intense
international economic and diplomatic pressure on the racist government of
South Africa, and his efforts contributed to abandonment of institutional
racism, in 1994. This was an important victory for the human rights movement
outside the western world.
Tutu was the keynote speaker at the
human rights conference in Edmonton. The charismatic archbishop characterized
South Africa’s victory over Apartheid as a “spectacular victory over the forces
of evil and wickedness.” In his introduction to a wide-ranging address on South
Africa’s Truth and Reconciliation hearings, which he had led, this tiny man
added a small but enormously significant comment, to thunderous applause. “Our
victory is your victory,” Mr. Tutu said. “Thank you, thank you, thank you, for
your support.” His work, as a matter of interest, led to the formation of Canada's own Truth and Reconciliation Commission, on residential schools. Here is a link to the Commission's report, which is worth reading.
After centuries of human rights
abuses, Mr. Tutu said, “We in South Africa are a wounded people, in need of
reconciliation. By enabling this reconciliation to occur, perhaps God is setting
up South Africa as a beacon to the world.” He chuckled about “the perverse
sense of humour” of the Divine, which he said could make “a troubled country
like South Africa a beacon of hope for such countries as Bosnia, Rwanda and
Serbia.”
The movement that Mr. Tutu so
articulately represents had gained strength in recent decades. Why?
The Universal Declaration of Human
Rights and a group of related international agreements, including the four
Geneva Conventions signed in 1949, created a body of thought respecting human
rights, war crimes and humanitarian law. Although it took some time, national
governments and international bodies have given teeth to this body of law. And
publicity promoted by human rights groups is combining with TV and computer screens
full of graphic scenes of humanitarian disasters. Victims are no longer seen as
someone else’s problem.
There is also the question of the
moral high ground. Many – perhaps most – of the world’s human rights activists
are driven by a sense of higher purpose. Albert Einstein famously remarked that
“God does not play dice with the universe.” Cindy Gilday talked about the “culture,
spirit and very being” of Indigenous peoples as being “intimately linked with
the well-being of mother earth.” And Archbishop Tutu’s profession speaks for
itself.
At the time, I was a true believer.
Many forces shaped the human rights movement. The expansion of democracy was
one. The human spirit is certainly another. A sense of the Divine, perhaps, is
a third. And a growing body of international law underlies all three. Whatever
the causes of this remarkable movement, people throughout the world have
benefited.
This movement took on a new
character with the United
Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The UN
issued the declaration in 2007, but Canada was one of four countries that
initially objected to it – the others were the United States, Australia, and
New Zealand. That began to change after July 2015 when the Government of
Alberta announced plans to incorporate UNDRIP provisions into law and policy.
The federal government followed suit and withdrew Canada’s objector status in
May 2016, although at the time Justice Minister Jody Wilson-Raybould said the
government’s stance on the declaration couldn’t be adopted as is into Canadian
law.
“Simplistic approaches such as adopting
the United Nations declaration as being Canadian law are unworkable and, respectfully, a
political distraction to undertaking the hard work actually required to
implement it back home in communities,” Wilson-Raybould told the chiefs at the 37th annual
Assembly of First Nations.
Will it continue? That’s the
question of the hour. The decline of the once-great American democracy worries
me greatly. So do wars and environmental damage throughout the world –
disruptions which have created conditions in which our planet now hosts more
than 65 million refugees, asylum-seekers and internally displaced people.
As the map at the beginning of this
piece illustrates, Canada, Scandinavia and a few smaller nations in Oceania are
the lucky countries in the world. In those countries, dynamic democracies are
fighting the racism Sahtu activist Cindy Gilday described with such fervour
twenty years ago.
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