And now:Ish <[EMAIL PROTECTED]> writes: NETWARRIORS FRONTLINE REPORTS 17th WGIP 7/29/99 ____________________________ Indigenous Relatives and Supporters: STATEMENT ON THE REPORT OF THE SPECIAL RAPPORTEUR PRESENTED TO THE UNITED NATIONS WORKING GROUP ON INDIGENOUS POPULATIONS 17TH SESSION July 29, 1999 By Chief Arthur Manuel, Neskonlith Band Chairman Shuswap Nation Tribal Council Spokesperson for the Interior Alliance Geneva, Switzerland Thank you again, Madame Chair and Working Group Members; First of all let me explain that within our hearts Aboriginal title is a reality. My father - the late Grand Chief George Manuel - believed in Aboriginal title all his life. He taught me that indigenous Peoples have a historical, legal, constitutional and most importantly a life giving relationship with our traditional territories. This trip to Geneva is significant to my family and I because it is the first time we have come to Europe. It is the first time in our life that we are standing on lands that the white man has a right over and we as indigenous people are merely guests. I am therefore very grateful to the people of Switzerland for allowing us to be here. The United Nations must understand that the indigenous Peoples of the Interior Alliance have given the world the basis for all nations and all people to come together. Our traditional territories as indigenous Peoples are the grounds upon which Canada and the United States now exist. We only ask that our Aboriginal title be recognized and reconciled with the human rights of our settlers so we can equally and fairly share in our lands forever. I do not believe this is happening in Canada today. The existing 1986 Comprehensive Claims Policy in Canada falls short of this goal. It is merely a policy of "surrender and grant back". It simply means we are expected to surrender our Aboriginal title. For example in the Nisga'a Agreement, the Nisga'a have surrendered their Aboriginal title for provincial fee simple property rights. Consequently, we do not accept the Nisga'a Agreement as a template agreement. Nevertheless, the federal and provincial governments continue push the surrender and grant back concepts contained in the Nisga'a Agreement through the British Columbia Treaty Process (BCTC). I recently met with the Chief and Council of the Westbank Indian Band in order to find ways the Interior Alliance can support them. They will begin logging soon without federal or provincial government approval. The Westbank Indian Band, like other Indian Bands in the BCTC process, are frustrated with the fact that Canada is using the Nisga'a Agreement as the high water mark. I believe that if Canada does not replace their existing 1986 Comprehensive Claims Policy with a mutually agreed to policy more frustration will build in British Columbia. I have told the Canadian government that if we cannot find a way to make peaceful negotiations possible then we will open the door to confrontation. I believe that indigenous Nations in British Columbia and the Canadian government is at a crossroads. The opportunities we face are very important. Aboriginal title can be treated as a colonial commodity to be surrendered and extinguished or it can be recognized and reconciled with Crown title. We can either neo-colonize or de-colonize First Nations Peoples. It is my opinion that Gathering Strength is an effort to neo-colonize my people. I believe in what my late father told me that talking about self-government is a useless exercise if your Aboriginal title is not first recognized. Furthermore, I believe that the Royal Commission on Aboriginal Peoples Report is correct when it states that Gathering Strength is possible only if Aboriginal title is fairly and equally dealt with. In conclusion I would like to say that Canadians are facing a fundamental decision of whether or not to recognize Aboriginal title. The Supreme Court of Canada has taken a small step in that direction in the Delgamuukw case. It is now up to the Executive Branch on whether or not they will accept this judicial direction and substantially change the 1986 Comprehensive Claims Policy. Our Interior Alliance Nations are currently preparing two separate draft Bilateral Framework Agreements, which set out a research and negotiation process. One for negotiating with Canada and the other one to negotiate with the province of British Columbia. We are relying on the Delgamuukw decision as a basis for the proposed negotiations to recognize, accommodate and reconcile our Aboriginal title with Canada's assertion of sovereignty. I shall keep you informed on developments in this area as well as submit a response to the Second Progress Report. I would also like to leave some material with you regarding our position. In closing, we would like to take this opportunity to extend an invitation to the Special Rapporteur to visit our area to discuss our concept of Aboriginal title and rights if your schedule permits and you are so inclined. Kukstemc - Thank you Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ UPDATES: CAMP JUSTICE http://shell.webbernet.net/~ishgooda/oglala/ &&&&&&&&&&&&&&&&&&&&&&&&&&
