E/C.12/CAN/CO/6
10.
The Committee recommends that the State party increase national spending to
guarantee Covenant rights so as to achieve the progressive realization of economic,
social and cultural rights. The Committee urges the State party to adopt and
implement a tax policy that is adequate and socially equitable and improves tax
collection, so as to ensure the mobilization of resources sufficient for implementing
economic, social and cultural rights, with special attention paid to disadvantaged and
marginalized individuals and groups. In that regard, the Committee encourages the
State party to collect disaggregated data based on the prohibited grounds of
discrimination. The Committee recommends that the State party monitor closely the
introduction of austerity measures by provinces and ensure that they do not
undermine the minimum core content of all the Covenant rights, and that such
austerity measures are not discriminatory and are temporary, necessary and
proportionate. The Committee refers the State party to the letter sent by the
Committee’s Chairperson on austerity measures to all States parties on 16 May 2012.
Official development assistance
11.
The Committee is concerned about the level of official development assistance (0.24
per cent of gross national income).
12.
The Committee recommends that the State party raise the official development
assistance level so as to meet the internationally recognized target of 0.7 per cent of
gross national income, and pursue a human rights-based approach in its development
cooperation policy.
Free, prior and informed consent of indigenous peoples
13.
The Committee is concerned that the right to free, prior and informed consent of
indigenous peoples to any change to their lands and territories is not adequately
incorporated in domestic legislation and not consistently applied by the State party. The
Committee, while acknowledging the State party’s statement that this issue will be revised
by the new Government, remains concerned about the lack of formal mechanisms and
processes that enable meaningful consultation with indigenous peoples, particularly in the
context of the operation of extractive industries.
14.
The Committee recommends that the State party fully recognize the right to
free, prior and informed consent of indigenous peoples in its laws and policies and
apply it in practice. In particular, it recommends that the State party establish
effective mechanisms that enable meaningful participation of indigenous peoples in
decision-making in relation to development projects being carried out on or near their
lands or territories. The Committee also recommends that the State party effectively
engage indigenous peoples in the formulation of legislation that affects them.
Business and economic, social and cultural rights
15.
The Committee is concerned that the conduct of corporations registered or domiciled
in the State party and operating abroad is, on occasion, negatively impacting on the
enjoyment of Covenant rights by local populations. The Committee is also concerned about
the limited access to judicial remedies before courts in the State party by victims and that
existing non-judicial remedial mechanisms, such as the Office of the Extractive Sector
Corporate Social Responsibility Counsellor, have not always been effective. The
Committee is further concerned about the lack of impact assessments explicitly taking into
account human rights prior to the negotiation of international trade and investments
agreements.
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