REMARKS OF THE UNION OF BRITISH COLUMBIA INDIAN CHIEFS
BEFORE THE FIFTH SESSION OF THE
UNITED NATIONS WORKING GROUP ON INDIGENOUS POPULATIONS.
Geneva, Switzerland,
August 3, 1987 - August 7, 1987
MADAME CHAIRPERSON of the Working Group on Indigenous
Populations, I am SOL TERRY, President of the Union of British
Columbia Indian Chiefs. I bring to you Madame Chairperson and
members of the Working Group greetings from the member nations of
the Union.
The Union of British Columbia Indian Chiefs has been
privileged to contribute to the efforts of the Working Group on
Indigenous Populations over the last several years. It is our wish
to continue to assist the Working Group as it pursues its
complicated and important tasks.
We address the Working Group on agenda item number 5 with
special emphasis on the setting of standards in connection with
the right of Indigenous Nations to exercise the natural right of
self-determination. We agree that the meetings of the Working
Group should not be used solely to make complaints. Therefore, we
would have the Working Group note that we will present examples of
circumstances between Indian Nations in British Columbia and the
state of Canada. With these examples, we hope to assist members of
the Working Group in their better under-standing of our
recommendations for standards relating to self-determination.
SELF-DETERMINATION is for Indian Nations the process of
exercising self-governance without external interference. This is
a natural right flowing from our position as the first nations to
rise upon the soil. Our nations were not created or established by
force or coercion, nor were they created with the signing of a law
on a piece of paper. Our nations were created from actual laws.
From time immemorial, the first nations practiced
uncontested, supreme and absolute power over our territories, our
resources and our lives with the right to govern, to make and
enforce laws, to decide citizenship, to wage war or to make peace
and to manage our lands, resources and institutions. Aboriginal
Title and Rights are the terms we use to describe these
fundamental realities of our nations.
ABORIGINAL TITLE AND RIGHTS means we as Indian people hold
Title and have the right to maintain our sacred connection to
Mother Earth by governing our territories through our own forms of
government. Our Nations have a natural and rightful place within
the family of Nations of the World. Our political, legal social
and economic systems developed in accordance with the laws or the
Creator since time immemorial and continue to this day.
Our power to govern rests with the people and, like our
Aboriginal Title and Rights, it comes from within the people and
cannot be taken away. As with our power to govern, we possess the
natural right to determine our own future,
WHILE WE SAY that we, like all human beings, have the natural
right to decide our own way of life independent of external
intervention, to have the right is not the same as exercising the
right. Our nations may choose to exercise the right, but there are
competing forces in the world who seek to deny us how we will
decide our political future, how we decide to use and dispose of
our natural resources and even how we decide to practice our
social and cultural life.
To illustrate this point I would like to briefly describe our
efforts to exercise political self-determination in our relations
with the state of Canada. The State of Canada was only recently
established in 1982 under its own constitution. Prior to 1982,
Indian Nations in our part of the World strongly urged the
emerging State of Canada to enter into a dialogue where our
nations might join the new state of Canada in political
confederation. Our proposal was that our nations and the people of
Canada would share in political power to govern a fully
confederated state of Canada. For many years before 1982, our
nations sought to exercise our natural right to determine our own
political status b seeking to negotiate a power sharing
arrangement that would be mutually advantageous to Indian Nations,
and to the people of Canada. Despite our greatest efforts, the
leaders of Canada rejected all, of our proposals. Instead of
renewing efforts to enter into dialogue with our nations, the
Canadian leadership chose to enter into subterfuge and manip-
ulations. Instead of entering into mutually defined negotiations,
the Canadian leaders chose to deny our nations an equal place at
the negotiating table.
Canadian leaders rejected any discussion of our sharing of
political power in the government of Canada. Our nations were
advised that the new state of Canada had no place for our nations.
On April 17, 1982 the new state of Canada was proclaimed as
constituted, but no Indian nation would share in the political
powers of governance in the federal system of governments. Our
nations were, by the decision of the Canadian people, placed
outside of the Canadian political system of governments.
Our national identities and our national existence as peoples
were not to become apart of the new state of Canada. Since 1982,
our nations have been outside of the state of Canada in search of
a political status. But, Madame Chairperson of the Working Group,
we must note that despite the fact that the leaders of Canada
denied our choice to become a part of the State of Canada as an
expression of our own self-determination, the state of Canada has
worked very hard during the last five years to frustrate the
exercise of self-determination by our nations. Since Canada
rejected our desire to become a part of Canada as Co-equal
partners in the political governance of Canada, the government of
Canada has worked to dismember our nations and confiscate our
lands and resources.
The government of Canada has said to the Working Group that
it has worked to include our nations in its constitutional
process. This is not true. Indeed, the government of Canada has
worked to divide our nations in an effort to create the appearance
that we have participated. Now Canadian government representatives
say to this working Group that "there is not yet a consensus"
among Indian Nations on the Canadian Constitution. Madame
Chairperson, How can there be a consensus among Indian Nations, or
how can there even be a process of negotiations at this late date
when five years ago the leaders of Canada demonstrated their
disdain for our nations by rejecting all of our proposals and then
they established a constitution for Canada without us. Madame
Chairperson, I would suggest to this body and to the world that
you have all been a victim of a sham, a fiction perpetuated bs the
government of Canada. There are no negotiations now on the
constitution of Canada involving Indian nations. What is actually
occurring is a public fiction covering efforts by the state of
Canada to breakup Indian nations and confiscate our lands and
resources. The fiction now being perpetuated in the international
community is aimed at denying our nations the right to decide our
own political future without Canadian interference.
Self-determination of our nations now rests solely with our
own choices, but Canada must stop its attempts at interfering with
our decisions. Canada's uncompromising rejection of legitimate
Indian national aspirations for self-determination make a lie of
its reports of cooperation with Indian nations.
Our nations and our peoples are outside of Canada now. We
have yet to determine a different political course which may
include or may not include the state of Canada. Our nations did
not choose to be separate and distinct politically from Canada, it
was Canada which pushed our nations out and rejected our full
participation.
THE UNION OF BRITISH COLUMBIA INDIAN CHIEFS RECOMMEND that
the Working Group on Indigenous Populations consider these
principles as the foundation for the right of self-determination
of indigenous nations.
... We are the original people of these lands and have the
right to survive as distinct Peoples into the future;
... Each First Nation collectively maintains Title to the
lands in its respective traditional territory;
... We have the right to choose and determine the authority
we wish to exercise through our Indian governments;
... We have the right to exercise jurisdiction within our
traditional territories to maintain our sacred connection
to Mother Earth through prudent management and
conservation of the resources for the economic survival
and well-being of our citizens;
... Only through a process of informed consent may our
governing powers or our land be shared.
MADAME CHAIRPERSON, and members of the Working Group, we have
attached to my oral remarks a document of long standing among our
nations which describes in greater detail the elements and
measures of Aboriginal Title and Rights. I submit this added
information as a part of my remarks since time does not permit
their full reading.
ON BEHALF OF THE UNION OF BRITISH COLUMBIA INDIAN CHIEFS, I
thank the Working Group on Indigenous Populations for this
opportunity to discuss our views concerning the right of Self-
Determination.
UNION OF B.C. INDIAN CHIEFS
Traditionally, First Nations practiced uncontested, supreme
and absolute power over our territories, our resources and our
lives with the right to govern, to make and enforce laws, to
decide citizenship, to wage war or to make peace and to manage our
lands, resources and institutions. Aboriginal Title and Rights
means we as Indian people hold Title and have the right to
maintain our sacred connection to Mother Earth by governing our
territories through our own forms of Indian Government. Our
Nations have a natural and rightful place within the family of
Nations of the World. Our political, legal, social and economic
systems developed in accordance with the laws of the Creator since
time immemorial and continue to this day.
Our power to govern rests with the people and, like our
Aboriginal Title and Rights, it comes from within the people and
cannot be taken away.
Our Aboriginal Title and Rights Position Paper represents
the foundation upon which First Nations in British Columbia are
Prepared to negotiate a co-existing relationship with Canada. We
present it, on behalf of our people, in the spirit of optimism,
dignity, co-operation and strength, The goals of our people from
our past through the present, to those yet unborn, provide the
framework through which we will possess the tools necessary to
maintain the strength of our Indian identity. The effective
implementation of our position will resolve current political,
economic, legal and social conflicts facing our people and will
mean that, for the first time, Indian people will share in the
wealth of Canada. At the same time, Canadians will have the
opportunity to enjoy the benefits of our rich heritage.
THE FOUNDATION OF OUR POSITION THROUGH OUR
DISTINCT ORDERS OF GOVERNMENT IS THAT
* We are the original people of this land and have the
right to survive as distinct Peoples into the future;
* Each First Nation collectively maintains Title to the
lands in its respective traditional territory;
* We have the right to choose and determine the authority
we wish to exercise through our Indian Governments;
* We have the right to exercise jurisdiction within our
traditional territories to maintain our sacred
connection to Mother Earth through prudent management
and conservation of the resources for the economic
survival and well-being of our citizens;
* Only through a process of informed consent may our
governing powers or our land be shared;
The modern expression to the exercise of our Sovereign Title
is called Jurisdiction.
Each First Nation has the right to define and enforce the
areas of jurisdiction necessary to protect that Nation's Sovereign
Title.
These Rights are seen as a Sacred Trust between the citizens
of our First Nations and our chosen Governments. Such Rights are
entrusted to each citizen to uphold and protect for the mutual
benefit of our Nations' Government and citizens.
Areas of jurisdiction over which First Nations may make laws
include but are not limited to:
BOUNDARIES of our Traditional Territories
including land, sea, water and air.
FOOD-GATHERING through Hunting, Fishing,
Trapping and Harvesting for the well-being of
our First Nations.
CONSERVATION MANAGEMENT and environmental
protection of the traditional territory and all
renewable and non-renewable resources within
it.
ECONOMIC RIGHTS including resource development,
manufacturing, trade and commerce and fiscal
relations.
SPIRITUAL RIGHTS to practice our religion,
spiritual customs, traditions and culture
including protection of our sacred lands within
our care.
NATIONAL RIGHTS to enjoy our national identity,
language and history as citizens of our
Nations.
POLITICAL RIGHTS to self-determination to form
our political institutions, and to exercise our
government through these institutions, and to
develop our political relations with other
First Nations, Canada and other Nations of the
World.
LEGAL RIGHTS to make, change, enforce and
interpret our own laws according to our own
processes and judicial institutions including
our own Constitutions, system of justice and
law enforcement.
SOCIAL RIGHTS of the citizens of our First
Nations to high standards of care in education,
health and welfare, social development,
marriage, communications, birth and death for
whole health and fulfillment of our people's
needs.
CITIZENSHIP RIGHTS of each individual to human
rights as embodied in the Universal Declaration
of Human Rights.
Our Aboriginal Title and Rights Position affirms our right
to be here and to maintain and protect the responsibilities given
to all First Nations to this continent. These rights and
responsibilities held us together as Nations for thousands of
years, maintaining our sacred connection to Mother Earth and to
the Creator. We celebrate our survival and the beauty of our land.
The relationship between the Governments of our First
Nations and the Government of Canada has never been clearly
understood in common by First Nations and Canada. We have always
known Indian and European institutions could co-exist in Canada.
European colonial leaders held a similar conviction. They sought
to be known and respected by the Heads of our Nations and asked
our leaders to make alliances and agreements. They did not
question the authority of our leaders to speak on behalf of our
people, just as our leaders did not question the authority of the
colonial leaders to speak on behalf of the Crown.
As recognition of Indian Governments and Indian cultures was
developing through a process of consent, where were other colonial
figures who sought to refuse recognition of Indian Governments.
They advocated the destruction of Indian Governments and Indian
cultures.
Canada's view that First Nations be forced to assimilate
under Canada's European-based democratic institutions without
Indian consent has diminished the relationship between Canada and
the First Nations. Such a view is long outdated in the progression
of International law and justice. It is time Canada undertook to
decolonize the First Nations and enter the process leading to the
full realization of Indian control of Indian Governments and
traditional territories based on mutual respect, recognition and
consent.
In the spirit of mutual respect, we set the following
principles as established and endorsed by the International
community for self-determination.
First is the principle of self-determination of peoples. The
International Covenant on Economic, Social & Cultural Rights and
the International Covenant on-Civil and Political Rights state
that:
"All peoples have the right of self-
determination. By virtue of that right they
freely determine their political status and
freely pursue their economic, social and
cultural development."
By virtue of this principle, any alienation of our land or
political jurisdiction must carry the consent of the First
Nations.
The second principle is that of inherent sovereignty of the
First Nations. According to this principle, any agreement between
the Crown and any First Nation may only be altered or repealed
with the consent of that First Nation.
These two basic principles are recognized and confirmed in
the first compact between ourselves and the Crown culminating in
the passage of the Royal Proclamation of 1763. By the Proclamation
our territory and governing institutions are reserved for us,
until through a process of informed consent we choose to surrender
them to the Crown.
Our right to self-determination is a right which we have not
and will not surrender.
The third principle is our right to be decolonized. This
Principle is recognized in the trust relationship between the
Crown and the Indian Nations reflected in Section 91(24) of the
Constitution Act, 1867.
The World Court has determined that the Trust may be devolved
only with the attainment of independence and self-determination of
the First Nations concerned.
The fourth principle is that Canada's sovereignty is
conditional upon Canada protecting forever Crown obligations to
the First Nations. Britain insisted that the Canadian Constitution
be patriated upon this condition.
Canada remains vested with obligations to assure that the
self-determination of First Nations becomes a reality. At the
First Ministers' Constitutional Conferences, the Federal
Government refuses to face its true obligations and the
Constitutional position of First Nations to date.
Since 1969, the Union of British Columbia Indian Chiefs
carried out extensive research and consultation with Indian People
throughout British Columbia in relation to the totality of
Aboriginal Title and Rights. We conclude, that our people have no
desire, under any circumstances, to see our Aboriginal Title and
Rights extinguished. Our people consistently state that our
Aboriginal Title and Rights cannot be bought, sold traded or
extinguished by any Government under any circumstances.
July 1987
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