Mohawks Meet With UN Rapporteur

On March 2, 2023, the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burials Sites Associated with Indian Residential Schools, Kimberly R. Murray and two Survivors, Doug George and Jerry Peltier, met with United Nation Special Rapporteur on the Rights of Indigenous Peoples, Mr. Francisco Cali Tzay. Mr. Cali Tzay, a Mayan Cakchiquel from Guatemala, is visiting Canada between March 1-10 to gather information to inform his report on the state of Indigenous Peoples' human rights in Canada to the Human Rights Council in September 2023.

Mr. Tzay was appointed as the UN Special Rapporteur on the Rights of Indigenous Peoples in May 2020 with the following mandate:

Indigenous peoples across the world experience the consequences of historical colonization and invasion of their territories. They face discrimination because of their distinct cultures, identities and ways of life, and are disproportionately affected by poverty and marginalization. This mandate was created to:

Promote good practices, including new laws, government programs, and constructive agreements between indigenous peoples and states, to implement international standards concerning the rights of indigenous peoples;

Make recommendations and proposals on appropriate measures to prevent and remedy violations of the rights of indigenous peoples;

Report on the human rights situations of indigenous peoples around the world;

Address specific cases of alleged violations of indigenous peoples' rights.

The UN Special Rapporteur has identified the following areas of interest for his report: the implementation of the UN Declaration on the Rights of Indigenous Peoples; the right to self-determination and the rights to land, territories and resources; missing and murdered Indigenous women and girls; Indian Residential Schools and unmarked burial sites; Indigenous education, language and culture, business and human rights; the extraterritorial obligations of Canadian companies; and free prior and informed consent.

The Mohawks at the session were Jerry Peltier of Kanesatake, Survivor of Spanish Indian Residential School survivor and former member of the Mohawk Council of Kanesatake; Kimberly Murray of Kanesatake and the Independent Special Interlocutor for Missing Children; and Doug George-Kanentiio, Survivor of the Mohawk Institute Indian Residential School and chairperson of the Akwesasronon Shonataten:ron.

They met at the offices of Amnesty International in Montreal to inform Mr. Tzay's report, which will include a consideration of unmarked burials associated with Indian Residential Schools.

Canada has committed to supporting Survivors, Indigenous families and communities who are leading the search and recovery of missing children and unmarked burials in relation to former Indian Residential School sites recognized under the Indian Residential School Settlement Agreement. Among the recommendations made by the Mohawks were:

· the need for full reparations for reconciliation, including just compensation for Survivors

· full consultation and approval by the Survivors and Indigenous Nations of any and all national action

· increased funding for the investigation into unmarked burial sites, the identification of the human remains and repatriation of the children to their respective homes

· full access to all records involving Indian Residential Schools from governmental agencies and the churches which administered the schools, as well as other record holders

· a commitment to justice: to hold those individuals and organizations responsible for the mistreatment and abuse of the children who attended Indian Residential Schools and for those who were never returned home

· support to ensure that search and recovery efforts include all sites where children were taken to from Indian Residential Schools, including hospitals (including Indian hospitals and psychiatric institutions), reformatories, industrial schools, convents, homes for unwed mothers, foster homes and orphanages

· support for Indigenous revitalization efforts including restoring relationships with territories and cultural and linguistic restoration efforts

· the explicit and unambiguous revocation of the Doctrine of Discovery

Mr. Tzay is also meeting with Survivors, Indigenous leadership and organizations, as well as provincial governments in Ontario, Quebec, Manitoba, Alberta and British Columbia before submitting his final report in May.

Edited from earlier version.