ANISHINABEK NATION – With National Indigenous History Month nearly half over and Truth and Reconciliation Day only a few months away, Anishinabek Nation is calling the government of Canada to action on an urgent matter: the rights of Indigenous children.
A document released on June 9 by the Committee on the Rights of the Child called “Concluding observations on the combined fifth and sixth reports of Canada,” the report states that Canada must “put an end to structural discrimination against children belonging to Indigenous groups, and address disparities in access to services by all children, including those in marginalized and disadvantaged situations”.
The report raises concerns about Canada’s child welfare system and its failure to protect Indigenous children and adolescents from violence.
In a short report from the United Nations Committee on the Rights of the Child, the UN Child Rights Committee issues findings that were far behind expectations.
The statement in the report reads, “the Committee was gravely concerned about reports of unmarked graves found on the sites of former residential schools for Indigenous children across Canada. It urged Canada to strengthen measures to investigate the death and disappearances of thousands of girls, provide justice to families of victims and survivors, and implement the National Inquiry’s calls for justice.”
Although, the government of Canada has put forth funding agreements that for Indigenous-led excavation of Residential schools to help Indigenous communities respond to and heal from the ongoing impacts, much is still left to be addressed.
The impact of inter-generational trauma and the continued assimilation practice of Indigenous people by public school curriculums are also not addressed by the government. To this date, culturally appropriate language programs for Indigenous children are jurisdictional and gravely underfunded.
“Almost all First Nation children are still required, by law, to attend schools where they do not learn to speak their own languages. This amounts to the ongoing, forced, assimilation of these children,” states Commissioner Peltier. “The perilous state of most First Nation languages makes the need for the implementation of Article 14 pressing and urgent. The implementation of Article 14 can be achieved through amendment of the Indigenous Languages Act, making it enforceable in Canadian courts.”
The report by the United Nations also states that “the Committee was also concerned that the country’s child welfare system continues to fail to protect Indigenous children and adolescents from violence. It called on Canada to develop and implement a national strategy to prevent all forms of violence against all children and ensure a monitoring mechanism is in place.”
Grand Council Chief Niganobe replies with a direct message, “all children deserve equal opportunity and access to adequate health care, education, nutrition, and shelter, surrounded by their family, community, culture, and history. In this era of truth and reconciliation, Canada must step forward to fulfill its obligation to the many Indigenous children who suffered and continue to suffer as a result of discrimination.”
In 2021, the Parliament of Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act committing the Government of Canada to “take all measures necessary to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.”
The Government of Canada has committed to implementing Article 14 of honouring the rights of Indigenous peoples to “establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning,” however, that commit is still left to be made in full.
Under Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, addresses many of these concerns stating “national principles such as the best interests of the child, cultural continuity, and substantive equality have been established to help guide the provision of Indigenous child and family services,” but the act does not detail elements outlined in the Truth and Reconciliations Commission Calls to Action number 4, particularly, when it comes to jurisdiction.
Commissioner Peltier addressed, “the Anishinabek Nation has been working tirelessly to advocate for and protect the rights of Anishinaabe children and youth. Through the Anishinabek Nation Child Well-Being Law, the Anishinabek Nation Child, Youth, and Family Well-Being System, and the Anishinabek Nation Children and Youth Bill of Rights, we are exercising inherent jurisdiction over child welfare to protect and promote the well-being of Anishinaabe children, youth, and families. We must honour each and every child to ensure the success of our future generations and to create the best future for our Nations.”
