From the LEGISLATIVE ASSEMBLY OF ONTARIO Hansard (May 29) during question period
ABORIGINAL RIGHTS
Mr. Howard Hampton (Kenora–Rainy River): My question is for the minister responsible for native affairs. Kitchenuhmaykoosib Inninuwug First Nation has a $650,000 legal bill because it was forced to go to court to defend its constitutional and legal rights against a $10-billion lawsuit by a mining exploration company. The First Nation was forced to go to court to defend its rights because the McGuinty government failed to fulfill its constitutional obligations to consult with the First Nation before handing out mineral exploration permits to the mining company. Since it was the failure of the McGuinty government to fulfill its constitutional obligations and consult with the First Nation about its rights and interests that forced the First Nation to go to court, will the McGuinty government do the right thing and pay the $650,000 legal bill, which rightfully belongs to the McGuinty government?
Hon. David Ramsay (Minister of Natural Resources, minister responsible for aboriginal affairs): Let’s give him the direct answer right off the bat—the answer is no—and then let’s talk about consultation and the attempt of the McGuinty government to engage First Nations of this province in a consultation exercise that we launched over a year ago.
We are working with the Chiefs of Ontario and other native organizations right across the province to get that engagement so that we can have a clear understanding of what our obligation is and what, in a sort of class sense, we’ll be required to do in regard to consultation for each sort of government activity. I have worked with all my fellow ministers and have had them look at their ministries and at what their obligation is for all the activities they engage in, and we’re actively pursuing that discussion with aboriginal people right across this province so that we’ll have a clear-cut set of the consultation guidelines over the next year.
Mr. Hampton: Minister, you might want to read what the judge said about the McGuinty government when he handed down his judgment: “Despite repeated judicial messages delivered over the course of 16 years, the evidentiary record available in this case sadly reveals that the provincial crown”—the McGuinty government—“has not heard or comprehended this message and has failed in fulfilling this obligation.”
“The Ontario government was not present ... and the evidentiary record indicates that it has been almost entirely absent from the consultation process” with Kitchenuhmaykoosib Inninuwug.
“The crown (Ontario) ... [has] chosen to ignore ... the concerns and ignore the perspective of the First Nations band in question.”
It’s very clear, when you read the judge’s decision, that the First Nation was forced to go to court to defend its rights because the McGuinty government failed.
This is a poor community. The unemployment rate is 85%. Don’t you think it’s fair that you finally meet your obligation and pay the legal bill instead of foisting it off on a poor—
The Speaker (Hon. Michael A. Brown): The question has been asked.
Hon. Mr. Ramsay: Speaker, I refer the question to the Minister of Northern Development and Mines.
Hon. Rick Bartolucci (Minister of Northern Development and Mines): I wish the leader of the third party would quote from the May 22 decision. However, let me tell you that Ontario has consistently presented solutions that are fair and reasonable as a way to keep all parties in this case moving forward to a resolution. Justice Smith has now adopted some of these provisions and timelines in his latest decision.
Our immediate priority isn’t about division, the way the third party’s is. Ours is to meet the timelines for information disclosure and to ensure that both parties move on in a collaborative, constructive manner.
Notes for an address the Honourable Jim Prentice, PC, QC, MP Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-status Indians
to the
House of Commons Standing Committee on Aboriginal Affairs and Northern Development
House of Commons
Ottawa, Ontario
May 29, 2007
Mr. Chairman, I thank you for inviting me to discuss the Main Estimates of the Department of Indian Affairs and Northern Development with you and your colleagues.
I am grateful for the attention this Committee has given to my department’s agenda over the past year. I appreciate your consideration of such important issues as post-secondary education and housing, as well as legislative initiatives such as Bill C-34 and Bill C-44, now before you. I know we all share the same objective – improving the quality of life for Aboriginal peoples and Northerners.
You heard from Indian and Northern Affairs Canada’s Accounting Officer, Deputy Minister Michael Wernick, a short time ago regarding the Department’s Supplementary Estimates. I would like to speak today in the context of this year’s Main Estimates, the next step in the financial planning cycle, and how we are determined to move forward to make a real and positive difference in the lives of Aboriginal people and Northerners.
The current 2007–2008 Main Estimates includes $6.3 billion for my department. This represents a net increase of $36 million from 2006–2007.
The Main Estimates are of course the first step in the fiscal cycle, the starting point, which does not include resources that will be allotted through the Supplementary Estimates.
Mr. Chairman, funded by the Main and Supplementary Estimates, we are determined to move forward in clearly defined areas, through approaches and initiatives that will enable real change in Aboriginal communities and furthermore will give Aboriginal people the tools and the organizational structures they need to take charge of their own future.
First, we need to effect structural reform to protect women, children and families.
Whether the reform is legislative, as is the case with the repeal of Section 67 of the Canadian Human Rights Act, or a change in policies and programs, we must ensure that Aboriginal women, children and families have the same rights and have access to the same quality of services as all other Canadians.
Our continued work to address the issue of matrimonial real property and our recent partnership with the province of Alberta and Alberta First Nations to implement a new approach to child and family services are recent examples of new and innovative thinking—new approaches to the existing challenges in First Nation communities.
I am confident that, working in partnership with the provinces, territories, and Aboriginal groups, we can build on successes such as these.
Second, we must consolidate economic development tools, to obtain the maximum efficiency from our programs and services and to enable First Nations to take charge of their own economic development.
That is why the Aboriginal Business Canada program and the National Aboriginal Economic Development Board were unified under my department in December 2006.
Furthermore, under the Aboriginal Workplace Partnerships Initiatives we have formalized partnerships with local governments, influential businesses, and trade unions to promote the employment of an Aboriginal labour force.
I am especially proud of the agreements that have been signed in the last several months with Siemens Canada Limited in Saskatoon, the City of Edmonton, the Calgary Health Region, the Nova Scotia Nurses Union, and the Nova Scotia Trucking Human Resources Council. All of these agreements will bolster the number of employment opportunities available to Aboriginal people.
To give you another example, this government allocated $300 million in Budget 2007 for the establishment of the First Nations Market Housing Fund. This fund will enableFirst Nation families and individuals to purchase, build and renovate on-reserve housing that meets their specific needs and tastes.
The program is expected to help finance the development of approximately 25,000 new housing units over the next 10 years, but the First Nations Market Housing Fund will not only encourage housing development. It will also help First Nation people living on reserve to obtain bank loans, build equity and generate wealth through home ownership.
Third, there is a desperate need to address the existing approach to the resolution of Aboriginal land claims.
I am happy to point to some recent successes. The Nunavik Inuit Land Claims Agreement, for instance, was signed in December last year, resolving this country’s last major Inuit land claim. Bill C-51, ratifying this Agreement, has recently been introduced in this House. And last year three treaties were initialed with First Nations in British Columbia, the first to be initialed under the British Columbia Treaty Process.
But more, much more, needs to be done. I know that members of this Committee are eager to hear about our plans to address the current untenable situation presented by the specific claims process. Although I am not in a position to elaborate at this time, I am pleased to note that we intend to announce a new approach to the resolution of this long-standing issue.
Fourth, we must work to enable the participation of Aboriginal people in major resource development opportunities. The close proximity of many First Nation communities to resource development projects presents excellent opportunities for them to participate in these projects in a meaningful manner, and to share in the social and economic benefits that are generated by these initiatives.
For instance, this government recently passed regulations under the First Nations Commercial Industrial Development Act that will enable the Fort McKay First Nation, in partnership with Shell Canada Limited, to develop a multi-billion dollar oil sands mine in Northern Alberta. This project will attract investors from around the world and create hundreds of meaningful, well-paying jobs for community residents.
And we have also dedicated $500 million to the Mackenzie Valley Socio-Economic Impact Fund. Committed in Budget 2006, this Fund will assist those communities whose development is affected by the proposed Mackenzie Gas Project, should the Project proceed.
And fifth, we must continue to address the legacy of Residential Schools.
I am pleased to report to this Committee that the Indian Residential Schools Settlement Agreement has received final Court approval. Now, former students and their families must choose whether to stay in the agreement or remove themselves from it. All parties to this historic agreement have agreed it is a fair resolution to the sad legacy of Indian Residential Schools.
Canada's New Government recognizes the importance of achieving fair and lasting resolution to the Indian Residential Schools legacy, and moving forward in partnership with Aboriginal communities across Canada. That is why we supported the motion for the House of Commons to apologize for the legacy of Indian Residential Schools.
We are moving toward the implementation of the Indian Residential Schools Settlement Agreement, potentially as early as September of this year. In particular, we look forward to the important work of the Truth and Reconciliation Commission which is an element of this historic agreement and will provide a complete historic record of the unfortunate legacy of the Indian Residential Schools.
My department is not only responsible for First Nation, Inuit and Northern issues, but I am also Federal Interlocutor for Métis and Non-Status Indians. My officials work with Métis, Non-Status Indians and urban Aboriginal people in order to assist them in realizing their full economic and social potential.
In this capacity, I announced a refocused Urban Aboriginal Strategy earlier this month that concentrates on job training and entrepreneurship for the nearly 50 percent of Aboriginal people who live in cities and towns across the country.
The strategy unites federal, provincial, municipal governments as well as Aboriginal and community organizations, and invests $68.5 million over five years to improve life and employment skills, promote entrepreneurship, and provide support to Aboriginal women, children and families.
Mr. Chairman, you and your colleagues are quite aware that the North is an important part of my mandate. Canada’s New Government is committed to working with Canada’s three northern territories to develop the North’s natural resources, and create jobs and prosperity for Northerners and indeed for all Canadians.
The North holds a significant percentage of Canada’s energy resources. These represent an immense opportunity for exploration and development investment for generations to come. Resource-based projects in the North, including diamond mining and oil and gas exploration, have contributed to increased economic growth in the North over past few years.
This economic growth, besides being the means of improving quality of life for Northerners, also serves to bolster Canadian sovereignty in the North, raising the profile of Canada as an Arctic nation. We must do what we can to ensure that the current boom in the North continues, to the benefit of Northerners and other Canadians alike.
International Polar 2007-2008, which was launched on March 1st, will be another enabler of growth and development in the North. We expect that the research by Canadian and international scientists funded through the International Polar Year program will lead to new knowledge and environmental, health and economic benefits to Canadians in the North, and across our nation.
The two key themes for International Polar Year science – climate change impacts and adaptation, and the health and well-being of Northern communities – will be important to many nations, given the global effects of climate change.
In closing, I feel it is essential to note that while funding is a crucial element in the success of our programs and initiatives, it is not the only significant factor. I have said before that simply continuing to fund existing programs without considering their validity or efficiency is not good enough. We must continue to consider whether the means by which we currently deliver services is truly producing the best results for Aboriginal people and Northerners.
The funding provided in the Main Estimates is essential to maintain and advance programs to improve the quality of life for Aboriginal people and Northerners.
I welcome any questions or comments you may have.
APTN Press Release ...
APTN Has Five Music Videos Up For Grabs
May 25, 2007
The Aboriginal Peoples Television Network (APTN) has $100,000 to spend on the production of five music videos for Aboriginal recording artists from across Canada; that’s $20,000 a pop. The money will go towards production costs along with travel to Toronto, where all the videos will be shot. In order to be considered for the funding artists need to complete the application form and submit support materials by the June 30, 2007 deadline.
The final decisions will be made by the APTN programming staff, based on the strength of the application and the talent demonstrated in the music.
If you’re interested in sending in a song, here are a couple of things to consider:
The details are included in the GUIDELINES and APPLICATION forms, but the basics are:
DEADLINE: June 30, 2007
AMOUNT: up to $20,000 per artist/group for production costs
FOR: One song on a current CD or a CD that is soon to be released
INFORMATION: Rebecca Morris + Tel: 888.278.8862, ext. 234 + E: rmorris@aptn.ca.
You can also visit the APTN Open Call website for more information: www.aptn.ca/opencall2007/
Please feel free to contact the Aboriginal Music Program Coordinator if you live in Manitoba and you need help completing your submission.
Alan Greyeyes
Aboriginal Music Program Coordinator
T: 204.975.0284
E: alan@manitobamusic.com
Press release ...
Click here to visit the ArcticNet web site for more information
Circumpolar Nations Join Canada in Creating an Alliance of Arctic Research Networks
QUEBEC, May 25 - Arctic research networks from Russia, Norway, France and the United States are taking part in a Canadian-led initiative that will provide the most comprehensive picture yet of the impact of climate change on the entire Arctic region.
The ArcticNet Network of Centres of Excellence has been awarded $815,000 in new funding by the federal Networks of Centres of Excellence (NCE) to create an international alliance of Arctic research networks, where scientists will share technical expertise and data on the region of the world most affected by climate change.
"We cannot get an accurate sense of the circumpolar scale changes happening in the Arctic by limiting ourselves to studying just the Canadian Arctic. Whether it's the Canadians, Americans or others, we all need an Arctic synthesis of what's going on. By focusing on only the Canadian Arctic, we miss half the picture," says Dr. Louis Fortier, Scientific Director of ArcticNet.
The international alliance of research networks will produce the intelligence Canada needs to respond to major Arctic issues moving to the forefront of the country's agenda, including the health of Inuit, intercontinental shipping, national sovereignty and oil and gas development.
Inuit collaborators from around the world will play a major role in the new International Partnership Initiative. Funds will help ArcticNet's Inuit partners to attend international meetings in Canada and abroad. "This initiative will provide the opportunity to enhance linkages with the best Centres of excellence in the rest of the world, improving not only ArcticNet's network, but also circumpolar Inuit networking capabilities on an international level," said Duane Smith, President, Inuit Circumpolar Council (Canada) and Mary Simon, President, Inuit Tapiriit Kanatami.
Through the funding of a new international Ph.D. School and a major international Arctic meeting in 2008, a key goal of this Canadian-led initiative is to help train a new generation of Arctic scientists who are highly skilled, internationally connected and comfortable working in multidisciplinary teams with researchers from the health, social and natural sciences.
"These young trainees, whether they are masters, Ph.Ds or post-doctoral fellows, are already forming the next international network of scientists. They are getting to know each other, work together in the field, and share ideas at scientific meetings all over the world," adds Dr. Fortier.
In 2007 and 2008, ArcticNet investigators and students will work aboard a Russian icebreaker in the Siberian Sea, effectively doubling their access to the Arctic Ocean. Their partnership with the Russia-led Nansen-Amundsen Basin Observational System (NABOS) Network represents one of the most active and promising international collaborations in Arctic geography.
The partnership with NABOS will also give Canadian investigators privileged access to data from that network's Long-Term Oceanic Observatory, which records temperature, salinity, water velocity/direction and ice draft in the Siberian Arctic Ocean. As well, ArcticNet and NABOS, along with Norway's ARCTOS Network and France's DAMOCLES Network, are coordinating their oceanic observatories into a network that will provide an unprecedented view of the peripheral circulation that dictates the oceanic heat balance in the Arctic Basin.
"Thanks to a forward-looking investment by the Government of Canada, we are connecting with foreign networks which have the means to access the rest of the Arctic Ocean," adds Dr. Fortier. "Not only are we now taking our due place in an international network of networks, we're taking the leadership on it."
Networks of Centres of Excellence are unique partnerships among universities, industry, government and not-for-profit organizations aimed at turning Canadian research and entrepreneurial talent into economic and social benefits for all Canadians.
ArcticNet brings together scientists in the natural, human health and social sciences and decision makers with their partners in Inuit organizations, northern communities, government and industry to help Canadians face the impacts and opportunities of climate change and globalization in the Arctic. Over 110 ArcticNet researchers and 300 graduate students, postdoctoral fellows, research associates and technicians from 28 Canadian universities and five Federal departments collaborate on thirty research projects with more than 100 partner organizations from Canada, the USA, Japan, Denmark, Norway, Poland, the United Kingdom, Spain, Russia, Greenland and France.
For further information: Martin Fortier, Executive Director, ArcticNet, (418) 656-5830, www.arcticnet.ulaval.ca
News update ...
The Minister of Canadian Heritage and Status of Women announced a $302,204 grant to the Canadian Women's Community Economic Development Council (CWCEDC) to help increase employment opportunities for low-income women, benefiting not only the participants themselves, but also their families and their communities. (see press release below)
Visit http://www.cwcedc-cpdecf.org to learn more about the CWCEDC.
From their web site ...
The Canadian Women’s Community Economic Development Council (CWCEDC) was founded in 2002 to advance women-centred community economic development as a means of reducing poverty and improving the lives of women, their families and communities.
We do so by:
We actively participate in, present research findings and address policy issues at social policy forums, round tables and consultations.
The CWCEDC is a nationally incorporated not-for-profit organization of women community economic development practitioners.
Community Economic Development (CED) is local economic development that is focussed on people, employment, self-employment, inclusion and sustainability. Its goal is to provide meaningful work for all, at a level of income that provides a secure livelihood, in jobs that are environmentally, socially and economically sustainable.
Contact Information:
Canadian Women’s Community Economic Development Council
110-105 May Street, North
Thunder Bay, Ontario
P7C 3N9
Tel: 807.625.0328
Fax: 807.625.0317
Government Press Release ...
Federal Government Supports Projects to Improve the Quality of Life for Women in Thunder Bay and the Robinson Superior Treaty Area
THUNDER BAY, ON, May 26 - The Honourable Beverley J. Oda, Minister of Canadian Heritage and Status of Women, today announced three grants to the following local organizations:
- $302,204 to the Canadian Women's Community Economic Development Council (CWCEDC);
- $65,000 to the Waabi-ma'iingan Traditional Teaching Lodge (Grey Wolf); and
- $50,554 to the Elizabeth Fry Society of Northwestern Ontario (EFSNWO).
"Canada's New Government is proud to support these initiatives, which take concrete action to address the economic security of women in their communities and help Aboriginal women to overcome the challenges they may face," said Minister Oda. "The CWCEDC project will help increase employment opportunities for low-income women, benefiting not only the participants themselves, but also their families and their communities. The joint project of the Robinson Superior Treaty Women's Council and the Waabi-ma'iingan Traditional Teaching Lodge project will empower Aboriginal women of the Robinson Superior Treaty Area and enable them to participate more fully in their communities. And the Elizabeth Fry project will help women in Thunder Bay, particularly Aboriginal women, to break the cycle of crime and imprisonment."
"Our project will help women-centred community economic development organizations to increase their market share and their capacity to innovate and create additional employment for grassroots women in communities across Canada," said Ms. Rosalind Lockyer, President of CWCEDC.
The CWCEDC is a nationally incorporated not-for-profit organization of women community economic development practitioners working to advance women-centred community economic development as a means of reducing poverty and improving the lives of women, their families and communities. The funding supports the project Tools for Sustainability for Women-Centred Community Economic Development.
"The Robinson Superior Treaty Women's Council - Waabi-ma'iingan (Grey Wolf) Traditional Teaching Lodge project - Kitchen Table Tour: Phase 2 - will facilitate 21 community gatherings of Aboriginal women in the Robinson Superior Treaty Area. As well as sharing traditional teachings and wisdom, participants will be empowered to create community action plans and regional skills and resource inventories," said Corporation President Norma Fawcett.
The Kitchen Table Tour: Phase 2 is a seven-month joint project of the Waabi-ma'iingan Traditional Teaching Lodge (Grey Wolf) and the Robinson Superior Treaty Women's Council (RSTWC). Created to preserve and promote traditional teachings and language, Grey Wolf is currently working with Robinson Superior communities to develop an accountability framework based on the "clan governing system." The RSTWC works with Grey Wolf to empower local Aboriginal women in all aspects of their lives.
Ms. Alice Marie Taylor, EFSNWO Board President, said, "Working for Change offers six inter-related pilot projects that test approaches to assisting women who come into conflict with the law, many of whom have faced major barriers and systemic disadvantages in their lives."
The EFSNWO is one of 10 Elizabeth Fry Societies in Ontario. Through their professional staff and volunteers, they provide programs and services, such as counselling, financial assistance, accommodation, court assistance and emotional support, from the time a woman is arrested through to her discharge and return to the community. The new funding supports Working for Change, a project geared to Thunder Bay-area women in conflict with the law, 90% of Aboriginal descent.
Status of Women Canada is a federal government agency working to promote the full participation of women in the economic, social and cultural life of Canada.
Visit Status of Women Canada's Web site at http://www.swc-cfc.gc.ca/.
For further information: Véronique Bruneau, Press Secretary, Office of the Minister of Canadian Heritage and Status of Women, (819) 997-7788; Nanci-Jean Waugh, Director of Communications, Status of Women Canada, (613) 995-7839; This release is also available on the Status of Women Canada Web site: http://www.swc-cfc.gc.ca.
SPEAKING NOTES for the Honourable Jim Prentice Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians at the Federation of Saskatchewan Indian Nations/ Saskatoon Tribal Council Housing Conference Saskatoon, Saskatchewan
May 24, 2007
Good morning/afternoon Elders, Chiefs, ladies and gentlemen. I’m grateful for this opportunity to talk to you today.
The subject of your conference speaks to a crucial need in First Nation communities. We all agree that safe, affordable, appropriate housing is a basic human requirement, and one of the contributing factors to sound, healthy communities. It is a key element in such quality of life issues as good health, positive educational outcomes, and stable family environments. But unfortunately we can also agree that there are many challenges around housing in First Nations communities that need to be addressed.
I appreciate the work of gatherings such as this one -- gatherings that bring together thoughtful, experienced and dedicated individuals to discuss ways and means to meet these various housing challenges and to devise sustainable solutions.
I want to commend you all on the work you are doing here, and to assure you that Canada’s New Government is eager to work with all partners to implement solutions to these challenges.
I strongly believe that it is essential that we work together to come up with new, innovative, and long term solutions to address housing challenges on reserve. There is no question as to the extent and degree of the housing issues that must be dealt with – we must modernize social housing and renovate existing stock, and it is also vital that we look to the future, and that we use housing as a means for First Nations to build equity and generate wealth.
To that end on April 20th of this year, I was very pleased to announce, along with my Cabinet colleague responsible for the Canada Mortgage and Housing Corporation, Minister Solberg, the First Nations Market Housing Fund. Fulfilling a Budget 2007 commitment of $300 million, this fund will allow First Nations people living on reserve to build equity in their homes, while at the same time maintaining the integrity of the reserve land base.
We are proud of this fund. We feel it represents a fundamental shift in how Canada’s New Government supports housing on reserve, and is an example of the type of innovative thinking we will need to bring about a long term and sustainable solution to housing issues.
By facilitating access to private sector financing, the First Nations Market Housing Fund will help increase housing production. It will also expand the range of housing options for First Nations families to include home ownership and market rental housing.
The great thing about the First Nations Housing Market Fund is that it builds on the best practices of First Nations themselves. This is an approach that is already being successfully implemented by First Nations communities across Canada, including the Lac La Ronge Band, right here in Saskatchewan.
Perhaps you know the Lac La Ronge story, but I think it bears repeating here because it is a great example of a First Nation thinking proactively, grasping an opportunity, and successfully meeting a real challenge in the community.
In 2004, after much research to determine the best approach to addressing the housing issues in the community, the Band launched its own home-ownership strategy. Lac La Ronge Band worked with private sector organizations such as the Bank of Montreal, as well as Indian and Northern Affairs Canada, to secure funding for mortgages in the community, thereby enabling residents to own their own homes.
This program is a great model that holds great potential for success. Band members have not only applied for funds to renovate their homes, but some have applied to build new homes as well. Some families who had left are moving back to the reserve, and Band revenues have increased — that money is going back into housing and other programs.
Consider also Whitecap Dakota First Nation. As part of its long-term economic development strategy, this First Nation is developing a residential/condominium project based on individual home ownership.
My department has supported this plan through a $2.1 million community economic infrastructure investment. We are also supporting the development of a rural subdivision for future home ownership expansion at Whitecap Dakota, with an $800,000 commitment this fiscal year.
It is essential that we learn from the example set by Whitecap Dakota, Lac La Ronge, and other innovative First Nations. You don’t need me to tell you that housing is a real and immediate issue in First Nation communities. We must absolutely address problems with existing stock, but we must also all work together to implement solutions that will effect sustainable, long term change.
Communities such as Lac La Ronge and Whitecap Dakota have shown us that the approach offered by the First Nations Market Housing Fund is a means to achieve this change. But I encourage you to work with us, with each other, and with all partners to continue to find ways to achieve a better quality of life for First Nations.
Together we are making progress – we must continue down this road.
Thank you.
United Nations Forum Calls For ‘Free, Prior And Informed Consent’ By Indigenous Peoples For Projects On Their Lands, As Two-Week Session Ends
Permanent Forum on Indigenous Issues
Sixth Session
16th & 17th Meetings (AM & PM)
Urges General Assembly Adoption of Indigenous Rights Declaration; Approves Texts on Anti-Poverty Goals, Human Rights, Urban Migration
Expressing the strong belief that indigenous peoples’ right to access and manage communal lands and natural resources was central to their collective survival, the United Nations Permanent Forum on Indigenous Issues recommended today that Governments adopt, in relevant national legislation, the principle of “free, prior and informed consent” of indigenous peoples regarding potential development projects or other activities carried out on their lands.
“It is […] clear that most local and national indigenous peoples’ movements have emerged from struggles against policies and actions that have undermined and discriminated against their customary land tenure and resource-management systems, expropriated their lands, extracted their resources without their consent and led to their displacement and dispossession from their territories,” the Forum stated in one of eight sets of draft recommendations and three draft decisions approved by consensus at the close of its sixth session.
The Permanent Forum, a 16-member subcommittee of the Economic and Social Council, is mandated chiefly to provide expert advice on indigenous issues to the Council and the United Nations system; raise awareness and promote the integration and coordination of activities relating to indigenous issues with the United Nations system; and prepare and disseminate information on indigenous issues.
Permanent Forum Chairperson Victoria Tauli-Corpuz from the Philippines acknowledged that, while the issues associated with indigenous lands and natural resources were complex, representatives of tribal and native peoples and their groups during the past two weeks had shown they were not victims; they had not come to new York to complain; rather, they could come together and had presented sound advice to Governments and intergovernmental organizations about how to meet their needs for survival.
In the text focusing on the session’s theme, “territories, lands and natural resources” (document E/C.19/2007/L.2), approved as orally amended, the Permanent Forum strongly urged the General Assembly adopt during its sixty-first session the Declaration of the Rights of Indigenous Peoples, the fate of which remains unclear some six months after it was approved by the Geneva-based Human Rights Council. Talks on the Declaration have sputtered in New York, in the wake of initial opposition from Australia, Canada and New Zealand. A package of amendments floated earlier this week by the Africa Group was roundly rejected by indigenous groups as “unacceptable and inconsistent with international human rights law”.
Reiterating relevant articles of the Declaration, the Forum recognized the fundamental importance of indigenous peoples’ security of land use and access, and the importance of land rights for broader processes of poverty reduction, good governance and conflict prevention and resolution, stressing that indigenous peoples are entitled to effectively participate in drafting policies and laws related to resources management and development processes (article 14). Further, indigenous peoples have a central role in decision-making and implementation of lands and resources-related projects, [and] such projects shall not be implemented without [their] free, prior and informed consent (article 28).
In that same vein, the Permanent Forum recommended that the Human Rights Council and the Committee on Economic Social and Cultural Rights investigate the possibility of the development and acceptance of general recommendations relating to the right of indigenous peoples to self-determination by securing their access to their ancestral lands, territories and natural resources.
By its text on the status of implementation of the Millennium Development Goals and other targets for economic and social development, environment, health, education, culture and human rights (documents E/C.19/2007/L.3 and Add.1), the Permanent Forum expressed its concern that relevant reports presented during the session by many States, as well as Poverty Reduction Strategy Papers still did not adequately include and address indigenous peoples, nor did they include the participation of native and tribal peoples. The experts called on States “to rectify this weakness and on United Nations agencies to support their efforts”
In a related measure, while recognizing that the Millennium Goals provided an important international framework for addressing extreme poverty and health and social outcomes, the Permanent Forum, nevertheless, recommended that it was vital that further work be undertaken to ensue that plans and programmes related to implementation of the Goals fully appreciated and respected the rights and aspirations of indigenous peoples.
That text also recognized the “deep spiritual relationship indigenous peoples have with water and the great respect they have for the natural laws governing the health and sanctity of water”, and recommended that States review, with the direct participation of indigenous people, their laws on water regulation and the treaties, land claims and self-government agreements they have with indigenous peoples, and present those reviews to the Forum in 2009.
Many of the recommendations underlined the Forum’s concerns about the human rights situation of the world’s indigenous peoples. To that end, it welcomed increased cooperation with the Special Rapporteur on indigenous peoples’ human rights and fundamental freedoms, and strongly recommended that the Human Rights Council maintain the mandate of that top expert. It also decided to invite the Special Rapporteur, along with the Special Rapporteurs on the right to education and the right to health, to participate in its seventh session (document E/C.19/2007/L.4).
Further, the Permanent Forum expressed concern at allegations brought to its attention on continuing violations of human rights of indigenous peoples in various parts of the world, and called upon all States to fully implement their obligations under the international human rights and humanitarian instruments. The Forum reiterated its call on States to strengthen their institutions for the promotion and protection of the human rights of indigenous peoples and to enhance efforts of awareness-raising and capacity-building for Government officials (document E/C.19/2007/L.3/Add.1)
In a text on recommendations that emerged from its half-day discussion on Asia (document E/C.19.2007/L.5), the Permanent Forum stressed that, irrespective of their legal status or the different terminologies used for them, Asian indigenous peoples experienced non-recognition of their cultural identity, exclusion and marginalization. With that in mind, the Forum recommended that, among other things, Asian States recognize indigenous peoples constitutionally and legally as peoples, and promote legal reform, particularly regarding their land rights and recognition of their customary laws and institutions, which promoted diversity and plurality.
The Forum, in its text on its half-day session on urban indigenous peoples and migration (document E/C.19/2007/L.6), recommended, among other things, that relevant States provide mechanisms for forcibly, legally or involuntary displaced indigenous people to be able to return to their original communities, including appropriate forms of compensation and restitution and provision for sustainable livelihoods of displaced indigenous people.
The Permanent Forum noted that 2008 had been designated the International Year of Languages and, among the draft decisions approved and forwarded to the Economic and Social Council for adoption, was a text by which the Council would decide to convene a three-day international expert group meeting on indigenous languages and request the results of that meeting be submitted to the Forum at its next session (document E/C.19/2007/L.8).
Another text recommended that that the Economic and Social Council would decide that the seventh session of the Permanent Forum shall be held at United Nations Headquarters in New York from 21 April to 2 May 2008 (document E/C.19/2007/L.9). It also adopted the draft report of its current session (document E/C.19.2007/L.12).
By the final draft decision forwarded to the Economic and Social Council for adoption, the Permanent Forum approved the draft provisional agenda for its seventh session and decided that its special theme would be on “climate change, bio-cultural diversity and livelihoods; the stewardship role of indigenous peoples and new challenges”. It also decided that its traditional half-day session would next year be devoted to respective discussion on the Pacific region and on indigenous languages (document E/C.19/2007/L.11).
The Forum’s reports and recommendations, including oral amendments, were presented by Rapporteur Michael Dodson of Australia, and Wilton A. Littlechild of Canada.
Summing up the Permanent Forum’s work this year, Johan Schölvinck, Director of the Division for Social Policy in the Department of Economic and Social Affairs called the Forum a “celebration of the world’s cultural diversity”, in that it had seen extremely rich participation from some 1,500 representatives from indigenous peoples’ organizations, non-governmental organizations and academia, some 30 United Nations system and other intergovernmental organizations, about 70 Member States and some 30 indigenous parliaments. The Permanent Forum was not just an event; rather “a tribute to our human efforts of partnership” that offered the opportunity for inspiration, he said.
The meeting was opened sombrely this morning by Liam Ridgeway, who, on behalf of all Australian Aboriginal delegations that had participated in the Forum’s work, called for a moment of silence to commemorate the fortieth anniversary of Australia’s 27 May 1967 national referendum affecting the Australian Aboriginal and Torres Strait Islander populations.
While that referendum had been a “fantastic win” for the Aboriginal movement, it had not delivered all that was hoped to Australia’s indigenous peoples. Most importantly, it had not given them Australian citizenship and neither had it given them the right to vote in federal elections. Australia’s indigenous people “still have a long way to walk in our struggles to be treated as equal”, he said, calling for a moment of silence to honour the anniversary, as well as all indigenous people who suffered from the adverse impacts of colonization and Government policy.
In closing remarks, Ms. Tauli-Corpuz said she was happy to finish the sixth session without any major crises. “Because we trust each other and have worked well together”, the Forum had shown that it could resolve any problem, no matter how difficult, she said.
The Forum had gathered at an historic moment of the imminent adoption of the Declaration on the Rights of Indigenous Peoples, she continued. Despite difficulties, the energies brought to bear on the Forum’s topics by indigenous peoples had shown that they would do whatever it took to create success. She hoped the Human Rights Council version of the Declaration would be adopted. The number of participants present was an indication that problems at home remained.
She expressed deep appreciation to all Forum members and other colleagues for their tireless efforts in ensuring that the session ended in a successful manner, and urgently appealed to Governments to pass the Declaration before the end of the sixty-first session. She closed her remarks with a traditional Igorot chant.
Adelard Blackman, the Special Emissary for the Buffalo River Dene Nation, ended the session with a prayer for unity and a song.
Press release ...
Indigenous Commission Launched to Focus on Information Communications Technologies
NEW YORK, May 23 - An Indigenous Commission for Development of Communications Technologies (ICT's) in the Americas was launched today at the United Nations Permanent Forum on Indigenous Issues meeting in New York. The Commission's goals are to bring Indigenous peoples together with industry and relevant agencies to promote and support the use of ICT's for legal, political, social, educational, cultural, spiritual and economic development.
The Indigenous Commission is based in Ottawa, Canada and is headed by Tony Belcourt, President of the Métis Nation of Ontario and the Métis National Council's Minister for International Issues. Vice-President is Jayariyu Farias Montiel, Director of Periodico Wayuunaiki of Venezula. Secretary-Treasurer is Pedro Victoriano Cruz, Director of Xiranhua Comunicaciones of Mexico.
The current 15-member Board of Directors is made up of one representative of participating countries of the Americas to date. A process is under way to name representatives of the remaining 20 countries of Latin America and the Caribbean. Voting membership is available to Indigenous people, organizations, businesses and Nations. Non-voting membership is open to non-Indigenous organizations and businesses.
The Indigenous Commission was formed following the 1st Indigenous Workshop on ICT's in the Americas that was co-hosted by the International Telecommunications Union and the Government of Mexico in Mexico City in December 2005. Approximately 250 delegates from North, Central and South America and the Caribbean were in attendance who selected an Interim Commission which finalized its formation recently.
All information on the priorities, goals and structure of the organization can be found on the Commission's website at: www.iccta-citca.org.
For further information: Leticia Larsen: (613) 791-5056,
Leticial@iccta-citca.org
AFN press release ...
First Nations Call on All Canadians to Stand With Us on June 29th, 2007
Issued at Gatineau, Quebec
May 23, 2007
The Assembly of First Nations calls on First Nations, Canadian citizens and corporations, to stand together to insist that the Government of Canada respond to the crisis in First Nations communities.
Since Confederation in 1867, First Nations have been subject to repeated attempts by the Government of Canada to forcibly assimilate us and erase our identities. Still, we survive today as distinct peoples.
It is time for action.
First Nations have put forward a reasonable plan that provides for reconciliation and begins to close the gaps between First Nations and Canadians. Working in collaboration, this plan will contribute to a more productive, prosperous and harmonious Canada.
First Nations call on the Parliament of Canada to adopt the UN Declaration on the Rights of Indigenous Peoples and to respect the decision by the UN Human Rights Council that the Declaration establishes the essential standards for respecting the rights of Indigenous Peoples.
First Nations call on the Government of Canada to respond in a manner that respects First Nations jurisdiction and responsibility over our lands and our peoples, and our right to govern ourselves as Nations, including:
ADDENDUM
First Nations are the original inhabitants of this land, who helped the newcomers survive and build the country called Canada.
Since before 1867, the engines of assimilation have included federal policies, programs, laws and legislation. The most painful manifestation is the residential schools era, which plagues us to this day through its lasting and devastating cultural, social and economic impacts.
First Nations poverty is the single greatest social injustice facing Canada. Canada is one of the wealthiest nations, all because of the generosity and land of our ancestors. Yet First Nations endure poverty and third world conditions in their own homeland.
This injustice is met with silence. The unacceptable is accepted.
The Department of Indian and Northern Affairs admits it knows that First Nations face serious funding shortfalls because of a decade-long cap that has frozen funding growth at only two percent a year. This is causing serious health and safety risks to our families and children. Yet the Government of Canada fails to fix this fiscal discrimination.
First Nations poverty is creating crisis and conflict. First Nations are denied basic rights like access to safe drinking water. First Nations suffer from chronic housing shortages and overcrowding, see their children apprehended and placed in child welfare at alarming rates, and grieve as their youth kill themselves in epidemic proportions. These statistics are well-known, yet the Government fails to respond decisively with a real plan for action.
Instead, the Government of Canada fuels frustration by taking a unilateral, piecemeal and scattered approach which lacks vision and ignores fundamental issues. The Government is not engaging meaningfully with First Nations, is not listening to its own recommendations and solutions as agreed to by First Nations and the Government in documents like the Royal Commission on Aboriginal Peoples (1996), the agreement reached at the First Ministers Meeting on Aboriginal Issues and the AFN-Crown Political Accord for the Recognition and Implementation of First Nation Governments(2005).
The Government of Canada opposes Aboriginal rights internationally and domestically. The Government is working to defeat passage of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms Indigenous peoples’ collective right to self determination. The Government is undermining collective rights in Canada by trying to force First Nations to adopt legislation that prioritizes individual rights at the expense of collective rights. The Government is actively denying First Nations the processes, resources and timelines required to foster First Nations solutions.
First Nations assert the right to full and effective enjoyment of all human rights and fundamental freedoms – both collective and individual – including the right to self determination, without hindrance or adverse discrimination, as recognized in international law and in section 35 of Canada’s own Constitution Act, 1982. First Nations assert their right to land, life and justice.
The Government of Canada is morally and legally obligated to undertake processes of reconciliation and to properly resource the rebuilding of our sacred languages, culture and history. This includes atonement for past wrongs and collaborative work to navigate the way forward.
The latest ruling handed down by the Ontario Superior Court of Justice is now providing all the parties involved with the Kitchenuhmaykoosib Inninuwug First Nation (KI), IFNA, Platinex and the Ontario Government with a court imposed Consultation Process, Memorandum of Understanding and Timetable.
Click here to read the latest ruling (1.5M PDF document)
It is interesting to see who lives in their comfortable urban environments and who is living in the small remote community as one reads this latest ruling that basically once lays out a plan for another corporation and the provincial government to do whatever they want in First Nation traditional territory.