MNN Mohawk Nation News. Kahnawake of Mohawk Territory. 8 Oct. 99. The following article appeared in the Montreal Gazette on Thursday October 7th 1999. FISHING RULING HELPS DESTROY WHITE MAN’S MYTH by Kenneth Deer The Supreme Court’s decision to uphold a 1760 treaty between the king of England and the Micmac in Nova Scotia is a small but important step in the unraveling of Canada’s illegal hold on indigenous peoples’ land and resources. What the Supreme Court did was recognize that a treaty was a binding legal instrument that should be interpreted using the written text of the document as well as the negotiating records that led to its signing. This allowed for the inclusion of the Micmac concerns to be considered even if they were not in the final draft of the treaty since it was the British who wrote the text and most likely left the Micmac concerns out of the treaty. However, the judgment is still short of the principles outlined in the United Nations Study on Treaties, Agreements and Other Constructive Arrangements between States and Indigenous Populations. The study, written by international law professor Miguel Alphonso Martinex of Cuba, a member of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, reached some very important conclusions. First of all, indigenous peoples have a right to their lands and their resources and to continue engaging, unmolested, in their traditional economic activities on these lands; and that indigenous peoples have a right to self-determination as do all peoples on Earth. The study recalls that treaties are made between nations. Treaties concluded between states and indigenous peoples have the same weight and legal status as any other treaty. States knew when they signed those treaties that they were dealing with sovereign nations and recognized them as such as the time. Only nations can sign treaties, and states knew that at the time of entering into treaties with indigenous peoples. They cannot say therefore that such treaties are internal or domestic treaties. There is no basis in law for domestic treaties. Countries like Canada and the United States try to portray their treaties with indigenous peoples as domestic agreements. All treaties are international in scope and therefore should be dealt with accordingly. The study also recalls that treaties are not what makes indigenous peoples sovereign. Treaties just confirm that states recognize their sovereignty. Just because some indigenous peoples did not sign treaties does not mean they are not sovereign. The conclusions of the UN study dismantle the premise of European dominance over the indigenous peoples of the Americas. It’s a concept that shakes the Canadian establishment to its roots. That is what is happening today. With Micmac people fishing off the east coast, Salish people logging on the west coast, Mohawks servicing Internet gaming, the Canadian establishment is running scared. Fishermen and loggers are committing violence against Indians, newspapers are writing articles, columns and editorials questioning the activities of Indians, and the federal cabinet is considering legislation to negate a Supreme Court decision upholding a treaty with the Micmac. Canada must be shaking in its boots. Canada was built on the premise that the white man was dominant over the people who were already here; that, somehow, God had anointed them with the right to own all the land and resources through the divine right of kings; that these transplanted Europeans would rule over the very lives of the indigenous peoples in North America. This is the myth that the white man has used to steal the Western Hemisphere. Now that myth is slowly disintegrating. The courts, long the upholders of the myth, are now re-evaluating and changing the old, racist concepts. Even if the courts are only going part of the way, it is enough to make the entire society panic. Canada’s "just society" is not so just and it is just seeing the tip of the iceberg at the cost of delaying justice to the indigenous peoples in Canada. The loggers, fishermen, columnists and government can all complain about what the country did to the indigenous peoples. Now they are paying the price. PRESENT SITUATION. The Mi’kmaq, Maliseet and Passamaquoddy People need your help. They have vowed to exercise their inherent powers and confirmed legal right by going out on the water to fish. The government is standing by and the police to watch as non-natives attack the Indian people and damage their property in violation of the ruling. They are asking native and non-native supporters to come to Burnt Church New Brunswick to keep the peace and protect them from organized mob rule. The mobs have desecrated Indian property and sacred sites, burnt native boats, destroyed lobster traps and have beaten up native people. Please contact the people listed below immediately with advice and support; contact Canadian Prime Minister Jean Chretien and Canadian Embassies and consulates worldwide condemning Canada’s tactic of using civilians against natives; ask international organizations to put pressure on Canada; and to get whatever political support they can for the Indians. Remember, the native people’s right to fish is supported by the 1760 treaty, the Supreme Court of Canada and the Constitution of Canada. The Indians need more traps, fishing boats, fuel for their boats, communications equipment and other necessary supplies. They especially need people to go there to deter the potential for violence. To verify this information contact: Frank Thomas 902-448-1605; Clifford Larry 506-776-1013; Captain 506-523-9289; Steve Marshall 902-890-1436; send email support to [EMAIL PROTECTED] [EMAIL PROTECTED] [EMAIL PROTECTED] Fax 902-897-2453 or 902-893-1788 MNN Mohawk Nation News 450-632-6926 [EMAIL PROTECTED] Canadian Alliance in Solidarity with the Native Peoples CASNP [EMAIL PROTECTED] ------------------------------------------------------- RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." 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