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• AUSTRALIA: ‘Indigenous Australians must be represented at the heart of policy-making’

  CIVICUS speaks about Indigenous peoples’ rights in Australia with Paul Wright, National Director of Australians for Native Title and Reconciliation (ANTaR), a civil society organisation (CSO) that works in solidarity with and advocates for the rights of Indigenous peoples in Australia, including by aiming to change the attitudes and behaviours of non-Indigenous Australians.

  What is the current situation of Indigenous peoples in Australia?

  As soon as colonisation began in 1788, Australia’s First Nations peoples, Aboriginal and Torres Strait Islander peoples, were systematically persecuted and marginalised. They were dispossessed of their lands and denied the rights afforded to settlers or colonisers.

  In 2022, more than 230 years since colonisation began and 120 years after the former colonies federated into the Commonwealth of Australia, Indigenous Australians continue fighting for their rights and to have their sovereignty recognised.

  Through the years, there have been big wins, frustrating disappointments and broken promises from governments. Human rights have been consistently denied or violated. Australia was one of the last nations to ratify the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and following ratification it has done very little to honour or domesticate the articles of the declaration.

  More positively, the Australian Human Rights Commission includes an Indigenous Social Justice Commissioner whose role is to advocate for the rights of Indigenous peoples and keep Indigenous issues on the agenda of the Australian federal government. The position is currently filled by a Bunuba woman, Dr June Oscar, who is a great source of information on the human rights situation of Indigenous Australians.

  While things are slowly improving, Indigenous Australians continue to have a lower life expectancy, live in poorer health and have worse employment and education outcomes than non-Indigenous Australians.

  The wide health gap between Indigenous and non-Indigenous communities was highlighted by the Close the Gap Campaign, co-chaired by the Indigenous Social Justice Commissioner and the CEO of the National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners. In response, the Australian government entered into the National Agreement on Closing the Gap with the Coalition of Aboriginal and Torres Strait Islander Peak Organisations, committing to implementing tangible policy reforms. In July 2020 it issued its second Annual Data Compilation Report that tracks the implementation of the agreement.

  Do you think Australian Indigenous peoples are well represented in policy-making processes?

  They are not, so the current political battle in Australia is to make sure Indigenous Australians are represented at the heart of the policy-making that affects them. Aboriginal and Torres Strait Islander people have issued the Uluru Statement from the Heart, an invitation to ‘walk with us in a movement of the Australian people for a better future’. It calls for structural reforms, including constitutional change, to establish a First Nations’ ‘Voice to Parliament’ and kick off a national process of truth-telling and reconciliation. The current federal Labor government has committed to holding a referendum to decide this question. This is a major moment for Australia.

  Since the 1992 Mabo High Court decision, which recognised that a group of Torres Strait Islanders, led by Eddie Mabo, held ownership of Mer (Murray Island), native title has been recognised for all Indigenous people in Australia. In response to that seminal High Court ruling, the government introduced the Native Title Act, and over the next 30 years, 40 per cent of the Australian landmass has been returned to Aboriginal and Torres Strait Islander peoples that have made claims. Not all claims have been successful, however: native title rights are limited and do not entail self-determination at the level outlined in the UNDRIP and other international standards.

  How is ANTaR working to advance the rights of Indigenous Australians?

  ANTaR is a national advocacy organisation that promotes the rights of Aboriginal and Torres Strait Islander people that was founded 25 years ago. We began as a grassroots protest movement to resist government attempts to water down legislation on native title rights. We have subsequently worked alongside many Aboriginal and Torres Strait Islander leaders, organisations and communities to advocate for rights and justice. Our priorities have included health equality, justice, anti-racism, advocacy for a treaty, reconciliation and much more.

  As an ally organisation, we operate under the principle of not speaking for Aboriginal and Torres Strait Islander peoples and instead look to their leadership and direction to channel our resources and support. There are a growing number of solid connections between Indigenous peoples globally, which is encouraging. Australia has learned many lessons from Indigenous affairs in Canada, Norway, New Zealand and elsewhere.

  Civic space in Australia is rated ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with ANTaR through itswebsite orFacebook andInstagram pages, and follow@ANTaR_National on Twitter. 

• AUSTRALIA: ‘There will be little change on First Nations people’s recognition, representation and rights’

  CIVICUS speaks with Peter Lewis, president of Australians for Native Title and Reconciliation (ANTaR), about the recent defeat in areferendum of a proposal to recognise Indigenous Australians in the constitution and create a permanent institution so they can speak directly to government and parliament on matters relating to Aboriginal and Torres Strait Islander peoples.

  ANTaR is a civil society organisation (CSO) that works in solidarity with and advocates for the rights of Indigenous peoples in Australia,conducting independent research and analysis and providing Australians with quality information on priorities concerning First Nations rights.

  What was the process leading to the referendum?

  In December 2010, an Expert Panel on Constitutional Recognition of Indigenous Australians was established and started discussing how to constitutionally recognise First Nations peoples. In January 2012, the panel suggested a new section be added to the Constitution – ‘Section 51A’ – to recognise First Peoples as the original inhabitants of the nation now known as Australia. The federal government later announced that a referendum on the matter would be delayed by two to three years due to an absence of widespread public support.

  In December 2015, a Referendum Council was established and began consultations on how best to establish constitutional recognition of First Nations peoples. A discussion paper was released in October 2016 and articulated the central suggestions for constitutional reform to include a declaration of recognition, a ban on racial discrimination and a First Nations Voice to Parliament, with the right to be consulted on legislation relevant to Aboriginal and Torres Strait Islander peoples.

  In May 2017, a convention at Uluru heard the outcomes from the First Nations Dialogues, with 250 First Nations leaders and representatives in attendance. Despite the generosity of spirit embodied by the Uluru statement, in October 2017 the government of then Prime Minister Malcolm Turnbull outrightly rejected its proposals, breaking is promise of ‘doing things with’ Aboriginal people instead of to them. Turnbull made this decision unilaterally, without any consultation with or regard for the National Congress of Australia’s First Peoples, a national representative body, or members of the Referendum Council.

  In March 2018 the government established another Joint Select Committee that was tasked to again inquire into and report on constitutional change. Its final report endorsed a constitutionally enshrined Voice to Parliament. By the end of 2018, the Labor opposition had promised to establish a Voice for First Nations people and vowed to take the issue of constitutional recognition to referendum if elected to government in 2019.

  On 29 September 2022, the inaugural meeting of the Referendum Working Group and the Referendum Engagement Group discussed the steps to a 2023 referendum on a First Nations Voice to Parliament. The Constitutional Alteration (Aboriginal and Torres Strait Islander Voice) 2023 Bill was introduced to parliament on 30 March 2023. On the same day, a Joint Select Committee was formed to analyse and report on the bill.

  The committee heard from witnesses and published submissions, and recommended that parliament pass the bill without amendment. The House of Representatives passed it on 31 May and the Senate did so on 19 June. This meant a referendum would be called within the next six months.

  A constitutionally enshrined First Nations Voice to Parliament would offer a first step toward structural and symbolic reform, ensuring that Aboriginal and Torres Strait Islanders peoples can have a say about the laws and policies that impact on their lives and communities.

  Who sided for and against?

  The federal leadership of conservative parties – the Liberal and National parties – did not support the referendum. However, there was some support for the Voice within the conservative parties federally and in some states and territories.

  There was also some opposition by a minority of First Nations leaders on the basis that the Voice did not represent an adequate transfer of power and that a treaty should come before any changes to the constitution. But a vast majority of First Nations leaders and organisations supported recognition and voice, as did most civil society organisations and some business organisations.

  ANTaR was active in the Yes campaign and worked with others to establish Allies for Uluru. In October 2022 we initiated a Yes to Voice, Truth and Treaty Campaign.

  The Yes campaign also received support from international CSOs such as Amnesty International and Oxfam, and its measures were supported by United Nations (UN) experts, and specifically by successive Special Rapporteurs on the rights of Indigenous Peoples.

  But the referendum was used by neo-Nazi and QAnon adherents to stoke fear about First Nations peoples’ aspirations.

  What kind of disinformation was circulated?

  The No side of the debate made a number of false claims ranging from the misleading to clear lies. There were claims that the Voice would be a third chamber of parliament and that it would delay all decision making. There were claims that Australians would lose their homes as a result, and that it would enable First Nations people to establish their own military, and even that it would allow the UN to take over Australia. There were claims that the move was legally risky and that it would divide the nation – although currently the federal government can legislate for First Nations people through the ‘race powers’, a constitutional clause that says the government can make special laws for people of any particular race. So the nation is clearly already divided.

  Why do you think the initiative failed, and what will the consequences be?

  In Australia referendums rarely succeed, and in fact have never succeeded without support from all major parties.

  The No case included much disinformation and fearmongering and a majority of the electorate responded negatively. It should however be noted that many inner-city and inner suburban areas, as well as First Nations-dominated remote areas, voted yes.

  Because of this result, there will be little change and First Nations people’s recognition, representation and rights will depend on whoever is in government at the time. First Nations organisations will renew their calls for justice and recognition of their sovereignty and press on issues such as treaty-making, truth-telling and reducing disadvantage by providing greater agency for First Nations communities.

  Civic space in Australia is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with ANTaR through itswebsite orFacebook andInstagram pages, and follow@ANTaR_National on Twitter.

• BURUNDI: ‘Our right to be recognised and represented as an Indigenous community is being violated’

  CIVICUS speaks about Indigenous peoples’ rights in Burundi with Severin Sindizera, Global Coordinator of the Indigenous Peoples Global Forum for Sustainable Development (IPGFforSD).

  IPGFforSD is a civil society organisation (CSO) that advocates for the rights of Indigenous peoples in Burundi and monitors the implementation of the Sustainable Development Gaols (SDGs) in relation to Indigenous peoples at the national and international levels.

  What is the situation of Indigenous people in Burundi?

  The Batwa Indigenous people represent approximately two per cent of Burundi’s population. The context is disheartening because most of our rights are not recognised. Most Batwa people live in extreme poverty and are marginalised and discriminated against. They are often excluded from access to basic resources such as public services, education, land and healthcare. One common issue affecting Indigenous people across the globe is lack of access to land and decision-making bodies. 

  The Batwa people are not exempt from this, as our land rights are not recognised in Burundi. We need land to survive – to build our houses, grow our crops, graze our animals and preserve our culture.

  Batwa people are not well represented in decision-making processes, which explains why development strategies rarely cater to us and our needs. We have been excluded from the economic, social, political and cultural development of our country. It is quite unfair to have people make decisions on our behalf without consulting with our community. When projects are implemented, we are often sidelined. It would seem the government is trying to make people think it is helping Indigenous people while we are not really receiving the help we need.

  The SDGs aim to eradicate many problems affecting societies globally, but their implementation in Burundi has not been inclusive of Indigenous people. The government must understand that our place in society is already under threat, so it needs to approach the SDGs in an intersectional manner to serve all people of Burundi equally.

  The international community has also shown a lack of a solid plan to address the rights of Indigenous peoples during implementation of the SDGs. We want to know how international organisations aim to promote Indigenous peoples’ development through the SDGs. I had the privilege of attending the Forum on Financing for Development (FfD) in New York, but was disappointed I was the only member representing Indigenous peoples.

  What are the main rights violations experienced by Batwa people in Burundi?

  Batwa people in Burundi do not have access to education, healthcare and proper legal services. Many people have suffered and died due to being denied access to healthcare facilities in their communities. When we try to get legal help to hold accountable those responsible for negligence in healthcare centres, we do not qualify to receive it. We hope this will change one day and the Batwa people of Burundi will be inclusively integrated in their communities.

  But Batwa people currently face serious discrimination. We are often called names such as witches and made feel unwanted by the wider society. Our dignity is looked down upon and we are forced to take a lesser place in society. Without access to good jobs, Batwa people have a high prevalence of poverty.

  Batwa people are disproportionately affected by arbitrary arrests and rights violations, as well as by land grabbing from the government and international stakeholders. People take advantage of us because they know that the majority of us do not have identity cards, making it difficult for us to access justice. Whatever laws have been put in place to protect us are not really working.

  Our right to be recognised and represented as a community is being violated. We need members of our community to advocate for our rights independently, without being associated with any political party. The history of this country should inform policymakers about the importance of cultural recognition. No one should be left behind because of their identity. We have a right to participate fully in public life without facing rights violations.

  Has any progress been made in terms of representation in policymaking processes?

  The Burundian government has launched an initiative to include Indigenous people in some governmental positions. There are now a few Batwa people in parliament. However, the fact that participation in public affairs requires association with a political party makes us uncomfortable. This restricts many Indigenous people from speaking out about their rights because they are controlled by their political parties.

  Political representation is an opportunity for our needs to be heard but our people who are actively participating in public affairs do not necessarily speak on our behalf. Participation of ethnic minorities in Burundi still has a long way to go despite the efforts of the government. Batwa women are inadequately represented in political positions.

  Our government focuses on development but fails to promote it in an inclusive manner. It recently setup a national strategy for Indigenous people, highlighting issues we are dealing with and stating its plan to advance Indigenous people’s rights. We hope that they will consult with members of our community and Indigenous leaders about our needs so the strategy actually benefits us.

  How can Indigenous groups across the world work together to promote Indigenous people’s rights?

  Indigenous groups must have regional and international forums to collaborate towards the achievement of our human rights, economic and social development, as well as civil and political rights. We must partner with international organisations that have experience with working on Indigenous people’s rights so that they can help us with our advocacy work and share strategies to make our work more effective.

  Our organisation, IPGFforSD, works for Indigenous rights through international advocacy and innovative initiatives. We work in collaboration with Indigenous groups an encourage them to create and enhance their platforms in their respective countries from across the globe who face similar issues. We focus on monitoring SDG implementation because the rights and needs of Indigenous people are currently not well represented when SDGs are implemented. We have worked with the United Nations (UN) mechanisms, including the UN Economic and Social Council (ECOSOC), to raise awareness of the plight of Indigenous people and the need to recognise them in both national and international policies. We advocate for national governments and international organisations to implement the UN Declaration on the Rights of Indigenous Peoples.

  We also work to sensitise our leaders about Indigenous rights through workshops and seminars. Our aim is for them to be well informed so they can, we hope, help us in the battle of getting our rights recognised in Burundi.

  Civic space in Burundi is rated ‘closed’ by theCIVICUS Monitor.
  Get in touch with IPGFforSD through itsFacebook page and follow@IIpgfforsd on Twitter. 

• CAMEROON: ‘Indigenous people should be at the forefront of our own movement and speak for ourselves’

  CIVICUS speaks about Indigenous peoples’ rights in Cameroon with Barrister Unusa Karimu, board member of Mbororo Social and Cultural Development Association (MBOSCUDA).

  MBOSCUDA is a civil society organisation with ECOSOC Status that advocates for the rights of Indigenous peoples in Cameroon. It aims to ensure that Indigenous peoples are integrated in the development of Cameroon by promoting their participation in decision-making processes.

  What is the current situation of Indigenous people in Cameroon?

  The situation of Indigenous people in Cameroon is not particularly good at the moment. There are people trying to get self-determination, and this has caused conflict in some parts of Cameroon. Unfortunately, the bulk of Indigenous people I work with, pastoralists, are in the English-speaking part of Cameroon, where calls for independence have led to conflict, and they have been caught in the middle of the violence.

  They are being abused. There is no respect for their territories and their basic human rights, and the government has failed to protect them. Civil Society organisations have collected data that indicate gruesome acts are being committed against Indigenous peoples during the ongoing armed conflict in the Northwest and Southwest of Cameroon. Indigenous people are being killed and they cannot defend themselves.

  Indigenous people in Cameroon still live below the poverty line. Most people in the community struggle to get employed because of limited opportunities in the labour market. Some of them end up engaging in small income-generating activities such as livestock farming and the sale of hunting products. But this is not enough to sustain their lives.

  The reason it is sometimes difficult for Indigenous people to get employed is because they struggle to get access to education. There are not enough schools, teachers and educational resources in Indigenous communities. The government has tried to implement projects to address this problem, but these have not really been effective.

  Much work still needs to be done for Indigenous peoples to gain full recognition in Cameroon. It is saddening that health services and other social facilities are not adequately provided to Indigenous people. The government needs to do a lot more to ensure that Indigenous people have access to healthcare in their communities.

  The government has tried to give visibility to Indigenous peoples in Cameroon through the International Day of the World’s Indigenous Peoples, held annually on 9 August, but if their right to life is threatened then the visibility given to them is not having much of an impact. There is a need for structural changes to guarantee sustainable development for all people in Cameroon.

  What human rights violations do Indigenous people experience in Cameroon?

  One of the biggest human rights violations that Indigenous people face in Cameroon is the lack of legal recognition of their right to their territories and their right to life, especially in the conflict-ridden English-speaking regions of the country. Land legislation in Cameroon does not recognise Indigenous peoples’ land holdings and therefore does not protect their land and resources. It is challenging for Indigenous people to register their land because the activities they tend to carry out do not fall under the requirements set out by the government when it comes to effective occupation and exploitation, which is a condition sine qua non for land registration in Cameroon. Activities such as hunting and livestock grazing do not fall under the category of productive land use required for land registration. Commercial developments in Indigenous peoples’ territories affect their livelihoods, and their land is grabbed by people who are not part of the Indigenous community.

  The implementation of the United Nations Declaration on the Rights of Indigenous peoples (UNDRIP) is supposed to provide Indigenous people with better living conditions and protection against losing their territories. However, I do not think the declaration has been well implemented in Cameroon.

  UNDRIP urges governments to recognise and protect Indigenous peoples and their rights. Their land and territories should be protected by the government, but the government violates their rights on a daily basis. We understand that the declaration does not carry any legal obligations, but it should be used as guidance on how to respect Indigenous people and value their participation in the development of the country.

  Cameroon still has land laws that were colonially inspired and do not recognise the rights of Indigenous peoples as far as territories are concerned. This might be the reason the government does not take UNDRIP into account.

  Are Indigenous people well represented in policies?

  Unfortunately, there is no binding legal framework that recognises Indigenous peoples in Cameroon. We have policies in place that serve as guidance for the recognition of Indigenous peoples but there has not been that much progress yet. The government has recently started doing things such as the appointing Indigenous people to decision-making positions. Forest dwellers are represented in decision-making. But these positions are often limited, and their people are not in high positions.

  Pastoral people have a secretary general in the Ministry of Livestock, Fisheries and Animal Industries, which is something positive, but it is very limited. It is safe to say that Indigenous people still lack political representation.

  What should the Cameroon government do to help advance the rights of Indigenous people?

  It would be good if the government met the requirements set by international legal instruments aimed at advancing and protecting the rights of Indigenous peoples. It should also revise the laws that discriminate against Indigenous people, along with its land tenure policies.

  Indigenous peoples should be considered in decision-making. Enabling Indigenous people to participate in national politics would ensure inclusive development, taking into consideration the needs of everyone in Cameroonian society. Often the government puts development strategies in place without conducting proper research and consulting Indigenous peoples, and as a result development strategies do not benefit Indigenous peoples and their way of life.

  In addition, administrative recognition of Indigenous communities would help preserve their cultural and historical heritage. When Indigenous peoples are mixed with neighbouring communities their culture becomes diluted and their history is easily neglected. Ensuring that they are not forcefully integrated with other communities would secure a future for the coming generation. The government should also promote land rights reform.

  Hopefully, with time Indigenous peoples will get economic support and their participation in the development of the country will become noticeable. I believe all of the above can be achieved if the government ratifies the International Labour Organization’s Indigenous and Tribal Peoples Convention, ILO Convention 169.

  How is your organisation working to advance Indigenous rights?

  MBOSCUDA is a community and membership-based organisation present in almost all regions of Cameroon. It was established in 1992 to promote proper living conditions for Mbororo pastoralists. We work to have the socio-cultural, political and economic rights of the Mbororo people recognised. We have consultative status with United Nations Economic and Social Council and had an observer status with the African Commission on Human and Peoples’ Rights.

  We collaborate with various ministries of the Cameroonian government. Our hope is that we can secure some of the services Indigenous people need to have a dignified life. These include, but are not limited to, civil status registration so they can get married, educational resources and healthcare facilities. We also undertake lobbying and advocacy work. To raise awareness of Indigenous peoples’ rights we participate in seminars on Indigenous peoples in Africa.

  Unfortunately, the ongoing crisis in the Anglophone regions has reduced our activities in some parts of the country. There are places we cannot currently work in because of the conflict. If we decide to go regardless, the chances are high that we will not come back. In addition, some communities that act as if they own Indigenous peoples feel threatened by our work because they know they will not be able to continue exploiting them once Indigenous people have access to information and education.

  How can Indigenous groups work together to promote their rights globally?

  Indigenous people should collaborate and form a strong global alliance. Their voices will be stronger and the possibility of them getting recognised will be higher. We should offer each other a helping hand because we are all fighting the same battle, just in different territories.

  The platforms that international organisations provide us should be used as a tool to hold our governments accountable. It is very important that we share our narratives and do not let people speak on our behalf. We know our struggles and nobody but us can elaborate on what our needs are, so we should be at the forefront of our own movement and speak for ourselves.

  ---

  Civic space in Cameroon is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with MBOSCUDA through itsFacebook page.

• CANADA: ‘Indigenous people who are most marginalised experience significant human rights violations.’

  CIVICUS speaks about Indigenous people’s rights in Canada with Melanie Omeniho, president of Les Femmes Michif Otipemisiwak/Women of the Metis Nation (LFMO).

  Founded in 1999 and incorporated in 2010, LFMO is a national representative civil society organisation that advocates for the rights of Indigenous peoples in Canada, and specifically for the right to equal treatment, health and wellbeing of women and gender diverse people and sexual minorities of the Metis Nation.

  What is the current situation of Indigenous people in Canada?

  In our experience at LFMO, Indigenous people who are most marginalised experience significant human rights violations. Indigenous people are trying to survive traumas and do not have the time or resources required to deal with the systemic racism that continues to violate their rights.

  For instance, we have heard numerous concerning experiences regarding difficulties to access Canada’s victim services scheme. In some provinces, policy dictates that if a person has had any prior engagement with the criminal justice system, even if decades earlier, and this remains on their record, they might not be eligible to receive victim services. This policy severely impacts on and violates the rights of Indigenous victims of crimes, including sexual assault.

  At LFMO we are keenly aware of the experience of anti-Indigenous racism. Some of us are attacked based on how we look or talk when we are going about our lives in mainstream society. We are particularly concerned about the lack of willingness to identify physical attacks on Indigenous women as hate crimes.

  We encourage change in policy and practice in all facets of the criminal justice system to identify hate crimes against Indigenous people instead of classifying them as regular assaults. To create change and hold offenders properly accountable, we need to ensure that anti-Indigenous racism is recognised as a hate crime.

  How is LMFO working to advance the rights of Indigenous peoples in Canada?

  LMFO is the national representative body for Métis women across the Métis Nation Motherland. Métis are one of the three recognised Indigenous peoples of Canada, along with First Nations and Inuit. According to the 2016 census, there are nearly 600,000 Canadians who self-identify as Métis.

  LMFO advocates for the equality of Métis women, Two-Spirit and gender diverse Métis people across the Métis Nation Homeland – our Métis Motherland. The term ‘Two-Spirit’ was coined in the 1990s to refer to Indigenous LGBTQI+ people, corresponding to an age-old concept in Indigenous communities that means someone who embodies both a masculine and feminine spirit.

  LFMO plays a significant role in enhancing the social, cultural, economic, environmental and leadership space occupied by Métis women and gender minorities. Our overarching mission is to ensure the equal treatment, health and wellbeing of all Métis people, with a focus on Métis women, young people and those who are Two-Spirit and gender diverse.

  As part of our strategic plan, we have 10 objectives: advocating for the priorities and needs of women in the Métis Nation, Canada and the world; taking care of the land and waters; guarding the traditional knowledge of Métis women; promoting social justice and equality; creating opportunities for Métis women to develop leadership skills; helping Métis people lead healthier lives and supporting healthy and vibrant communities; ensuring that the perspectives and priorities of Métis women are included in economic development initiatives, and that support is provided for their entrepreneurship; fostering culturally appropriate early learning environments and lifelong learning to improve educational outcomes for Métis children, women and all Métis learners; developing a Métis-specific research strategy to build disaggregated data; and building a strong, successful, inclusive, responsible and transparent organisation.

  We are part of a global movement of Indigenous groups around the world who are all collectively fighting and advocating to be seen, heard and recognised. The more we speak up and share our stories and fight to preserve our traditions and cultures, the more likely it is that we will achieve the recognition of our rights and the creation of policies that serve us and protect us.

  What should the government do to help advance the rights of Canadian Indigenous peoples?

  We hope that in domesticating the United Nations Declaration on the Rights of Indigenous Peoples, the government will implement policies to realise Indigenous rights and Indigenous women will be a part of those conversations. To that effect, LFMO advocates for a gender-based approach and an intersectional lens on policy development and the co-design of legislation.

  Civic space in Canada is rated ‘open’ by theCIVICUS Monitor.
  Get in touch with Les Femmes Michif Otipemisiwak through itswebsite orFacebook andInstagram pages, and follow@LesMichif on Twitter. 

• CANADA: ‘The Pope didn’t deliver a clear apology to Indigenous people on behalf of the Catholic Church’

  CIVICUS speaks with Virginie Ladisch of the International Center for Transitional Justice (ICTJ) about the recent apology of Pope Francis to Canadian Indigenous peoples and the legacy of the Truth and Reconciliation Commission of Canada.

  ICTJ is a civil society organisation (CSO) working in partnership with victims and survivors to obtain acknowledgment and redress for massive human rights violations, hold those responsible to account, reform and build democratic institutions and prevent the recurrence of violence and repression.

  What human rights violations committed against Indigenous people did the Truth and Reconciliation Commission reveal?

  The final report of the Truth and Reconciliation Commission of Canada very clearly details the human rights violations and cultural genocide that resulted from the ‘Indian residential school’ system, which was the focus of the recent apology by Pope Francis.

  The Indian residential schools and the abuses that occurred at them are among many other human rights violations suffered by Indigenous people in Canada, which include sexual and gender-based violations against Indigenous women and girls, land dispossession, violation of the right to safe drinking water, disproportionate rates of incarceration, excessive use of force against land rights protesters, discriminatory practices and lack of access to basic services, including healthcare.

  How significant is the Pope's apology?

  The Pope’s apology is a significant first step in the journey to acknowledge and repair past wrongs. In his apology, the Pope acknowledged the assimilationist intent of the residential school system and the harm it caused by systematically marginalising Indigenous people, denigrating and suppressing their languages and cultures, taking young children away from their homes, indelibly affecting their relationship with their parents and grandparents and subjecting them to physical, verbal, psychological and spiritual abuse.

  The last residential schools closed in the 1990s, so it was important for him to acknowledge the intergenerational harm caused, which persists to this day. However, several survivors noted with disappointment his omission of sexual abuse – rampant in Indian residential schools – which continues to have detrimental impacts on survivors and their families.

  While the Pope highlighted the systematic nature of harm perpetrated against Canadian Indigenous people, his apology stopped short of naming the Catholic Church’s role as part of a system intended to ‘kill the Indian in the child’. He said: ‘I am sorry. I ask forgiveness, in particular, for the ways in which many members of the church and of religious communities co-operated, not least through their indifference, in projects of cultural destruction and forced assimilation promoted by the governments of that time, which culminated in the system of residential schools’.

  The Pope’s words reflect a personal apology and an apology on behalf of individual Catholics, but not a clear apology on behalf of the Catholic Church as an institution. Since the Pope represents the Catholic Church, it is possible to interpret this personal apology as an apology on behalf of the Church. However, given the deeply embedded systemic nature of the violations committed by the Catholic Church against Indigenous people, it is necessary to clearly acknowledge that the system was at fault and that there was a concerted institutional effort to forcibly assimilate Indigenous children. This was not the work of a few misguided individuals.

  There needs to be a concerted effort to unravel the colonialist ideas that underpinned the residential school system and are at the root of persistent racism today.

  What next steps should the Catholic Church and the Canadian government take?

  ICTJ recognises apologies as an important part of a transitional justice process because of their significant moral and symbolic value. But to be meaningful, they need to be followed by real action and material reparations. The Pope acknowledged this in his apology and noted that ‘a serious investigation into the facts’ and efforts ‘to assist the survivors of the residential schools to experience healing from the traumas they suffered’ would be key to prevent such situations happening again. Ultimately, the significance of the Pope’s apology will depend on how he leads the Catholic Church in turning those words into action.

  In terms of next steps, the Catholic Church and the Government of Canada should follow the Truth and Reconciliation Commission’s 94 Calls to Action, which address the lasting harms of residential schools and call on all sectors of society to invest in new and respectful ways of moving forward together. Where more information is needed, for example around missing children and unmarked graves, the Catholic Church should open its archives and undertake a rigorous investigation.

  How is ICTJ working to advance the rights of Indigenous people?

  ICTJ works side by side with victims and survivors in their quest for justice and helps ensure they have a say in the policies that affect them. We raise awareness about their rights and support efforts to hold perpetrators accountable, uncover the truth about the violations they and their communities suffered and obtain acknowledgment and redress.

  We also partner with civil society groups, including women’s, youth and minority groups, that have a stake in building a more just, peaceful and democratic society. Together, we press forward the institutional reforms and guarantees necessary to prevent the violations from happening again.

  Over the past three decades, transitional justice processes have been recognised as an opportunity to address longstanding historical injustices against Indigenous peoples around the world. Specific processes and institutions associated with transitional justice – such as truth commissions, special prosecutorial bodies, memorialisation and reparations – may be the catalyst for political, social, institutional and cultural changes that contribute to the recognition and materialisation of Indigenous peoples’ rights, as we point out in a report we published in 2012.

  ICTJ has worked to advance the rights of Indigenous peoples in various countries, including Australia, Canada, Colombia, Guatemala, Peru and the USA. In Canada, it accompanied the Truth and Reconciliation process from before its inception in 2008 to the end of its mandate in 2015.

  Recognising the importance of involving young people in Canada’s truth and reconciliation process, ICTJ partnered with the Commission to spearhead youth engagement activities. Initiatives included a series of youth retreats in which participants developed the technical and communication skills needed to better engage their peers on Indigenous issues, and a youth-led video project that covered the history of the residential schools and young people’s knowledge – or lack of knowledge – of this history and the contemporary situation of Indigenous people in Canada.

  As expressed by a high school student from Edmonton who participated in one of ICTJ’s events, ‘We are the next generation. After 10 years, we are going to be the adults – the lawyers, the prime ministers. We have to know when we are young, and when we are older, we can make sure this doesn’t happen’.

  Civic space in Canada is rated ‘open’ by theCIVICUS Monitor.
  Get in touch with ICTJ through itswebsite orFacebook and, and follow@theICTJ on Twitter.

• TANZANIA: ‘The human rights of the Maasai people are violated through involuntary assimilation and relocation’

  CIVICUS speaks about the unlawful eviction of Maasai people from their ancestral lands with Joseph Moses Oleshangay, a Tanzanian human rights lawyer and activist for democracy and Indigenous peoples’ land rights. Joseph is currently working with the Legal and Human Rights Centre to raise awareness of human rights violations and promote good governance in Tanzania.

  Why are Maasai people being evicted from their land in Tanzania?

  The Maasai eviction is largely caused by the government’s lust for money. The tourism and hunting business promises to bring a lot of capital, and unfortunately, that can only happen if the Maasai are removed from their native land. The government is currently planning to evict Maasai people living in Loliondo and Ngorongoro to establish a game-controlled area in Loliondo and potentially change the status of a conservation area in Ngorongoro to a game reserve.

  The government has proposed to establish game reserves in every single district ancestrally occupied by Maasai communities. The way this project is being carried out is unethical and threatens many lives and the cultural survival of the Maasai.

  Sadly, to gain public support and trust the government has created a narrative that this is a nature conservation project. But it has been scientifically proved that Maasai pastoralism is compatible with environmental and wildlife conservation. While the government generally accuses the Maasai as threatening tourism in Ngorongoro, 70 per cent of tourists in Tanzania in 2019 visited Ngorongoro, with the remaining 22 national parks and game reserves attracting only 30 per cent of the tourist inflow. Ngorongoro also contributes 52 per cent of the earnings from tourism. It is the only conservation area in Tanzania where humans – Maasai – are legally allowed to coexist with wildlife. As well as being by far the best tourism destination in Tanzania, it has the highest wildlife population density in the world. This shows that the government’s claim that the Maasai are threatening wildlife conservation and tourism is a completely false narrative.

  In Ngorongoro over 80,000 people are facing the threat of eviction, which the government justifies by claiming the population has exceeded the carrying capacity of the land. But according to the latest census, Ngorongoro has a human population density of 10 people per square kilometre, compared to a national average of 60.

  The tourism industrial complex is pushing the government to forcefully evict Maasai people from their land because they think the Maasai don’t add value to the business and will disrupt the activities they want to undertake in Loliondo, Ngorongoro and the neighbouring Serengeti National Park. The authorities know that wildlife massacre, one of the key businesses planned, won’t be possible under the Maasai’s watch and their pastoralism livelihoods will not fit the overall hunting and hotel aesthetic they are trying to create.

  The government has an obligation to take care of the environment and ensure the safety of all who live in it. If Maasai people are allowed to stay in the newly created game reserves, they will witness wildlife massacre and will inevitably suffer harm. The government cannot risk this being exposed.

  So without consulting with the Maasai community, the government has started its eviction plan in a manner that will force their integration with the majority community in the coastal region. To facilitate relocation, on 31 March the government withdrew all funds previously allocated to health, education and other key services. In 2021 the government threatened to demolish nine government primary schools and six health centres. In April 2022 the government’s chief spokesperson recognised that life-saving services were prolonging the Maasai presence in the Ngorongoro so there was a need to dismantle them.

  What human rights violations have been reported?

  Many human rights violations have been reported, and they are reaching a level we had not seen since our independence. They are more brutal than what our people experienced in the colonial era. Never before has our country witnessed a campaign targeting a specific community as we are now seeing in Ngorongoro. The Maasai are being portrayed as primitive people whose ancestral land is elsewhere, and the president has said they are new arrivals in Tanzania, so in case of a forceful relocation, the authorities can claim the Maasai have no attachment to Ngorongoro.

  In early June, the authorities installed beacons in the place destined to become a game-controlled area, against Tanzanian law and in violation of an order issued by the East Africa Court of Justice in 2018. In 2017 a Maasai representative filed a complaint at the Tanzanian Human Rights and Good Governance Commission against the planned eviction and submitted a case to the East Africa Court of Justice seeking intervention against violent operations that ended with at least 349 Maasai homesteads being set ablaze.

  Despite the temporary orders issued by the Court directing the government to halt relocation pending a final decision on the case, on 17 June 2022, just five days before the date set for delivery of a judgment, the government declared the contested land as a game-controlled area. Surprisingly, four days later the Court issued a notice that the decision would be delayed until September, giving the government leeway in executing atrocities in Loliondo.

  The demarcated area includes not only village land, which is forbidden by the law, but also people’s homesteads. The police have used teargas and guns, wounding 31 Maasai people. Before beacons were installed, all elected political leaders were arrested and detained incommunicado for seven days before being arraigned in court on murder charges – for a murder that happened one day after they were arrested.

  There are currently 27 Maasai people charged with murder and over 80 detained under the accusation of being unlawful immigrants. Some have been subjected to torture. Over 2,000 people have reportedly crossed the border with Kenya for security reasons.

  Since June, Maasai livestock have been killed or impounded by security forces and a large-scale operation is ongoing to silence anyone who speak against the situation in Ngorongoro and Loliondo.

  How will this eviction affect Maasai people?

  To understand how Maasai people will be impacted upon, one needs to understand who the Maasai are. They are a semi-nomadic pastoral people who move from one place to another in search of their livelihood. They have lived alongside wildlife for centuries and know how to preserve their environment. They have established their cultural practices and spiritual sites that define them as a distinct society.

  Relocation will disturb their culture. There is a place called Oldoinyo Lenkai (‘Mountain of God’) where the Maasai believe their god lives and usually conduct sacrifices during times of scarcity and crisis. If this land becomes a conservation area with restricted access their right to spirituality will be taken away. Ultimately, relocation has a strong chance of leading to their extinction as a people.

  One of the government’s justifications of the relocation process is what they call the need for forced civilisation of the Maasai people, who would have a better life if they coexisted with people from different backgrounds. But this will force them to adopt a culture that is not their own. Involuntary assimilation and relocation are the greatest human rights violations and generally fall under the accepted meaning of genocide under the Rome Statute that established the International Criminal Court.

  How are civil society activists and organisations fighting back?

  We are fighting this in many ways. We are challenging the government by debunking its narrative. The government is spreading propaganda to get public support, so what we do is inform people about the dangers of these evictions and that they are founded on false narratives. We also use our various platforms to highlight that the Maasai add value to both nature conservation and tourism, providing accurate information to counter false claims.

  We also have filed a court case against eviction. The law is one of the strongest tools we are using in fighting injustice in this battle. We can use the law to hold the government accountable and demand it halts the planned eviction. We are trying to make sure that the truth about what is happening is known not only internally but also by the international community.

  We have been fortunate enough to have regional and international organisations such as the African Commission on Human and Peoples’ Rights and United Nations human rights experts publicly condemn the actions of the Tanzanian government and urge it to stop unlawful evictions.

  But we have faced challenges, including the lack of functional legal processes in Tanzania. The 2018 court order requiring a halt to the operations have not been respected. Our government thinks it is above the law and this is affecting our progress in fighting the eviction. As activists our lives are in danger. The government threatens us and many activists had fled the country for safety.

  What kind of assistance do you need from international civil society?

  We need international organisations and activists to help us expose what is happening in Tanzania, because if this is known about internationally the government might be pressured to do better. International allies should use their platforms to highlight the gruesome violations of rights experienced by the Maasai people and keep people informed about our activities.

  Civic space in Tanzania is rated ‘repressed’ by theCIVICUS Monitor.

  Follow@Oleshangay on Twitter.