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UN Special Rapporteur Comments on Unknown / Unstated Paternity and the Indian Act

7/5/2014

1 Comment

 
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Supporters and Allies Re Unknown and Unstated Paternity and the Indian Act,

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.”

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In December 2013, I published an article on the matter of unknown and unstated paternity and the Indian Act with the First Peoples Child & Family Review.  This article fleshes out the matter in great detail and explicitly argues AANDC’s unstated paternity policy as a new form of sex discrimination.  Here is a link to this article:  Click here

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


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On May 20, 2014, I began an Indiegogo crowdfunding campaign.  My goal is to reach $5,000.  I am offering my book titled “Mkadengwe: Sharing Canada’s Colonial Process through Black Face Methodology” for the low price of $15.00 (plus shipping) each.  Book bundles are available and people can also donate to the cause.  The end date for this campaign is July 19th, 2014.  After this time the book will retail for $17.95.  Click here

Chi-Miigwetch for following and supporting my work.  Please like and share this blog post.

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Lynn Gehl is an Algonquin Anishinaabe-kwe from the Ottawa River Valley.  She has a section 15 Charter challenge regarding the continued sex discrimination in The Indian Act, and is an outspoken critic of the Ontario Algonquin land claims and self-government process. She has three books: Anishinaabeg Stories: Featuring Petroglyphs, Petrographs, and Wampum Belts, The Truth that Wampum Tells: My Debwewin of the Algonquin Land Claims Process, and Mkadengwe: Sharing Canada's Colonial Process through Black Face Methodology.  You can reach her at lynngehl@gmail.com and see more of her work at www.lynngehl.com.

1 Comment
Michael Cheena
7/30/2014 12:45:20 pm

Indian Act is an archaic, paternalistic and colonial legislated governmental policy.

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copyright Lynn Gehl
www.lynngehl.com