Aboriginal peoples rights recognized by NAFTA and WTO
Press Release
BREAK-THROUGH BEFORE NAFTA AND WTO – ARGUMENTS BY ENVIRONMENTAL AND INDIGENOUS GROUPS ACCEPTED
(Vancouver, British Columbia/ Thunder Bay, Ontario, March 13, 2003): In a precedent setting move the NAFTA tribunal accepted arguments by Canadian Aboriginal peoples and environmental groups in the ongoing dispute over Softwood Lumber countervailing duties. In January 2003, the WTO panel on Softwood Lumber also accepted indigenous and environmental submissions.
Grand Chief Leon Jordain, Grand Council of Treaty 3, a member of the Indigenous Network on Economies and Trade (INET), stated: "Our peoples are very proud of the acceptance of our submissions, which shows that Aboriginal proprietary interests and environmental concerns are taken seriously by international trade tribunals, where national governments often fail to take them into account or implement them." Similarly, Deputy Grand Chief Raymond Ferris of the Nishnawbe Aski Nation, expressed his pleasure in the efforts of First Nations coming this far and expressed the intention of Nishnawbe Aski Nation to continue its efforts.
Aboriginal peoples and environmental groups intervened in the present Softwood Lumber Dispute because of the government’s continued failure to recognize Aboriginal Title or enforce environmental protections such as streamside buffers. The Canadian government has consistently opposed public interest organization participation in trade disputes, while making joint submissions with industry associations.
In NAFTA and WTO proceedings Canadian governments and industry misrepresented Canadian law arguing that stumpage paid by large companies holding tenure rights was not the price paid for Crown timber, but " akin to a tax," implying that the companies own the trees as they stand in the forest.
Arthur Manuel, Spokesperson of the Indigenous Network on Economies and Trade: "Aboriginal peoples are the stewards of the land and we also own the trees in our forests. What would British Columbians say if their government told them that all trees now belong to the companies? Yet this is the very argument Canada is secretly bringing before international trade tribunals both against the interests of Aboriginal peoples and the Canadian public as a whole."
Will Horter of the Dogwood Initiative, working with different public interest groups and Aboriginal peoples stated: "It is important our voices are heard, because Canada is trying to pass their administrative stumpage system that exploits the forest resource off as a competitive market system to the detriment of conservation and the overall economy."
Aboriginal peoples and environmental groups will continue to make substantive submissions to international trade tribunals in the Softwood Lumber Dispute, educating both the panel members and involved parties. They are confident that increasing international awareness of Aboriginal and environmental issues will also ensure that their interests are taken into account in political negotiations regarding Softwood Lumber.
For more information, please contact:
Arthur Manuel (INET): 250-319 0688
Will Horter (Dogwood Initiative): 250-370 9930
Grand Chief Leon Jordain (Treaty 3): 807-548 4214
Deputy Grand Chief Raymond Ferris (NAN): 807-623-8228