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人权小组谴责加拿大对原住民问题不作为Human rights panel condemns Canada's inaction regarding Indigenous people

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一家全球人权组织表示,加拿大拒绝对寄宿学校制度中发生的罪行进行彻底调查,未能履行国际法律义务。

Canada is failing to meet international legal obligations by refusing to hold thorough investigations into the crimes committed in its residential school system, says a global human rights organization.

常设人民法庭周三发布最终报告,指出寄宿学校构成了“广泛、系统且最严重的人权侵犯”。该报告共78页,发布时间恰逢“真相与和解日”,敦促加拿大调查、起诉并惩治这些侵权行为的肇事者,并提供赔偿。法庭指责加拿大为防止对原住民歧视的持续“几乎什么都没做”。

The Permanent Peoples' Tribunal issued its final report Wednesday, saying that the residential schools posed "widespread, systematic and most serious human rights violations." Released to coincide with the National Day for Truth and Reconciliation, the 78-page report urged Canada to investigate, prosecute and punish the perpetrators of these violations, and to provide reparations. The tribunal accused the country of doing "very little" to prevent the continuation of discrimination against Indigenous Peoples.

判决还谴责加拿大在国际社会面前表现出“蓄意……蔑视”,拒绝签署某些国际公约,并修改刑法以将种族灭绝、强迫失踪和种族隔离罪纳入其中。

The judgment also condemned Canada for showing "deliberate … contempt" before the international community. It said the country refused to sign certain international conventions and modify its criminal law to include genocide, enforced disappearances and apartheid.

承认“主要被剥夺了实际效力” 前总理贾斯汀·特鲁多和下议院分别于2019年和2022年承认,寄宿学校制度的运作构成种族灭绝行为。

Recognition 'mostly deprived of practical effect' Former prime minister Justin Trudeau and the House of Commons recognized in 2019 and 2022 that the operation of the residential school system constituted an act of genocide.

然而,法庭报告称,由于加拿大国内立法对种族灭绝罪的刑事化“极其有限”,这些承认“主要被剥夺了实际效力”。报告还指出,这些承认“并未产生实质性后果,也未伴随历届政府在对待原住民问题上的公共政策发生任何实质性变化”。法庭审查了去年5月听证会期间收集的大量证据。证据显示,约有1.5万名原住民儿童被从社区带走并送入寄宿学校,在那里他们被禁止说自己的语言。

However, the tribunal's report called the acknowledgments "mostly deprived of practical effect by the extremely limited criminalization of genocide in Canadian domestic legislation.”It also said those recognitions "have not had tangible consequences or been accompanied by any substantial change in the public policies of the successive governments regarding the treatment of Indigenous Peoples." The tribunal reviewed extensive evidence gathered during its hearings last May. The evidence showed that some 15,000 Indigenous children were taken from their communities and sent to residential schools where they were forbidden to speak their language.

随后,孩子们面临着恶劣的生活条件、医疗不足或缺失、营养不良、强迫劳动、严厉的纪律与惩罚,以及性虐待。

The children then faced poor living conditions, inadequate or nonexistent health care, malnutrition, forced labour, harsh discipline and punishment, and sexual abuse.

报告称,土著人民仍面临持续歧视,主要表现为对女性的强制和胁迫绝育,以及福利机构因缺乏对保留区内外土著儿童的支持而将儿童从其社区中移走。

Continued discrimination, report says Indigenous people face continued discrimination, namely through the forced and coerced sterilization of women as well as the removal of children from their communities by welfare services fuelled by a lack of support for Indigenous children both on and off reserves, said the report.

根据《国际防止与惩治灭绝种族罪公约》中的定义,法庭得出结论:加拿大未能结束并纠正灭绝种族罪的行为。它指出,加拿大政府拒绝资助并支持寻找失踪土著儿童及其坟墓的工作。

Drawing on the definitions in the International Convention on Genocide, the tribunal concluded that Canada failed to end and remedy the acts of genocide. It cited the Canadian government's refusal to fund and support the search for missing Indigenous children and their graves.

判决还指责加拿大“持续的土地盗窃以及警方和其他政府机构对土著土地捍卫者的刑事化”。报告称,加拿大的这些行为构成了国际公约所定义的人道罪行,包括通过强迫劳动奴役儿童、强制人口迁移、严重剥夺身体自由、强奸及其他同等严重的性暴力、强制绝育以及基于种族的迫害。

The judgment additionally accused Canada of "ongoing land theft and the criminalization of Indigenous land defenders by police and other government agencies." The actions taken by Canada, the report states, amount to crimes against humanity, as defined by international conventions. These include the enslavement of children through forced labour, the forced transfer of population, severe deprivation of physical liberty, rape and other forms of sexual violence of comparable severity, forced sterilization, and persecution on racial grounds.

种族隔离制度在位。报告还得出结论:加拿大存在种族隔离制度。报告将种族隔离定义为统治种族对被压迫种族的制度化隔离与歧视。

Apartheid system in place It also concluded that Canada had a system of apartheid in place. The report defines apartheid as the institutionalization of segregation and discrimination against a subjugated racial group by a dominant racial group.

在其建议中,法庭要求加拿大彻底调查其机构中儿童失踪和死亡事件,并保存寄宿学校的档案与记录。加拿大继续对原住民实施种族灭绝,国际法庭裁定它呼吁政府为与寄宿学校埋葬地点相关的研究提供财政支持,以纪念并保护这些地点,并资助原住民语言的复兴。

In its recommendations, the tribunal asked Canada to conduct thorough investigations into the disappearance and deaths of children in its institutions and that residential schools' archives and records be conserved. Canada continuing genocide against Indigenous Peoples, international tribunal finds It called on the government to provide financial support for research related to residential school burial sites, to commemorate and protect these sites, and to fund the revitalization of Indigenous languages.

所有由政府、博物馆、国家公园和学术机构持有的神圣物品,都应归还给其所属的社区。

All sacred objects held by governments, museums, national parks, and academic institutions should be returned to the communities to which they belong, it added.

若干建议聚焦于改善保留地的条件,特别是在健康和教育领域。其他建议则涉及尊重领土权利以及对土地剥夺的赔偿。

Several recommendations focus on improving conditions on reserves, particularly in the areas of health and education. Others address respect for territorial rights and reparations for land dispossession.

其他建议针对运营寄宿学校的天主教会及其他宗教团体,包括对被盗土地的赔偿以及对这些土地的归还,尤其是前教堂所在的土地。

Other recommendations target the Catholic Church and other religious communities who operated the residential schools, including reparations for stolen land and the restitution of these lands where former churches are located.