Some good news, the United Nations’ Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, James Anaya identifies Aboriginal Affairs and Northern Development Canada’s (AANDC) unstated paternity policy as discriminatory.
In October 2013, the Special Rapporteur Professor Anaya visited Canada to research human rights violations with regards to the United Nations Declaration on the Rights of Indigenous Peoples.
Many may remember that in January 2013, with the help of Jane Weeks and Cathy Henderson, I submitted a letter regarding unknown and unstated paternity and the Indian Act. This letter, and the submitted attachments, can be read or revisited here through my blog site. Click here
In May 2014, Professor Anaya published his report. In this report Anaya included comments on the continued sex discrimination in the Indian Act in regards to the matter of unknown and unstated paternity and the Indian Act. Here is a link to his complete report: Click here
Point 55 on page 16 states: “The enactment of the Gender Equity in Indian Registration Act remediated some of the ongoing discriminatory effects of historical provisions that revoked the Indian status of women – and all their descendants – who married non-status men, while granting status to non-aboriginal women - and their descendants - who married status Indians. Unfortunately, as acknowledged by the Senate Standing Committee on Human Rights, this legislation did “not deal with all sex discrimination stemming from the Indian Act”; some classes of people continue to be excluded from status on the basis of the historic discrimination against matrilineal descent. This two-parent rule is the context for another problematic policy regarding unstated paternity, which arises if the child is a product of violence, rape, or incest, cases in which the need to obtain proof of status from the father places the mother at risk. Under this policy, any father who is not identified in the birth registration of an infant is presumed not to be a registered Indian unless the mother provides sworn proof from the father or his family acknowledging paternity.”
Chi-Miigwetch to everyone for signing my petition. As of July 3rd, 2014, I have almost 1,500 signatures. For those interested in signing, here is the link: Click here
Chi-Miigwetch for following and supporting my work. Please like and share this blog post.