Transcript English only - Inter-Parliamentary Union

“International Parliamentary Conference:
Parliaments, Indigenous Peoples and Minorities”
31 October – 3 November, 2010, Chiapas Mexico
Presentation by Chief Wilton Littlechild, International Chief,
Treaty 6, 7 and 8, former member of Parliament in Canada
Geneva,1977
“And whereas the said Indians have been notified and informed
by Her Majesty's said Commissioners that it is the desire of Her
Majesty to open up for settlement, immigration and such other
purposes as to Her Majesty may seem meet, a tract of country
bounded and described as hereinafter mentioned, and to obtain
the consent thereto of Her Indian subjects inhabiting the said
tract, and to make a treaty and arrange with them, so that there
may be peace and good will between them and Her Majesty, and
that they may know and be assured of what allowance they are
to count upon and receive from Her Majesty's bounty and
benevolence.” [Treaty No. 6, 1876, paragraph 3, emphasis added].
International standards affirm the Right to
Participation for Indigenous Peoples:
• CERD General Recommendation XXIII (1997): “4. The Committee calls in
particular upon States parties to:…(d) Ensure that members of indigenous
peoples have equal rights in respect of effective participation in public life and
that no decisions directly relating to their rights and interests are taken without
their informed consent;”
• Plan of Action, 2nd International Decade the Worlds Indigenous Peoples:
One of the 5 objectives of the UN General Assembly’s Plan of Action (adopted
January 2005) is “promoting full and effective participation of indigenous
peoples in decisions which directly or indirectly affect their lifestyles, traditional
lands and territories, their cultural integrity as indigenous peoples with
collective rights or any other aspect of their lives, considering the principle of
free, prior and informed consent”.
ILO Convention No. 169 (1989)
ILO 169 recognizes that Indigenous peoples have:
“the right to decide their own priorities for the process of
development as it affects their lives, beliefs, institutions and
spiritual well-being and the lands they occupy or otherwise use”.
(ILO 169 Article 7) .
Further, ILO Convention No. 169 requires States to fully consult
with Indigenous peoples and to ensure their informed
participation in decisions pertaining to development,
national institutions and programs, cultural protections, and
lands and resources. (ILO 169 Articles 2, 6, 16, 27 and 33)
The UN Study on Treaties, Agreements and Other
Constructive Arrangements between States and
Indigenous “populations”
“Moreover, the mechanisms through which "autonomy regimes" for indigenous
peoples are being formulated and implemented must be assessed, on a case-bycase basis, for proof of free and informed consent by all parties concerned,
especially indigenous peoples.”
--- Final Report,, Dr. Miguel Alfonso Martinez, Special Rapporteur
[E/CN.4/Sub.2/1999/20 para. 136, emphasis added]
“Treaties, agreements and other constructive arrangements constitute a means for
the promotion of harmonious, just and more positive relations between States and
indigenous peoples because of their consensual basis and because they provide
mutual benefit to indigenous and non-indigenous peoples”
---Report of the 1st United Nations Seminar on Treaties, Agreements and other
Constructive Arrangements between States and Indigenous Peoples, Geneva
December 15th to 17th, 2003, Chairman-Rapporteur Wilton Littlechild
[E/CN.4/2004/111, paragraph 3]
The UN Declaration on the Rights of
Indigenous Peoples, September 13th 2007
“Recognizing the urgent need to respect and promote the
inherent rights of indigenous peoples which derive from
their political, economic and social structures and from
their cultures, spiritual traditions, histories and
philosophies, especially their rights to their lands,
territories and resources” -- Preamble
Chief Poundmaker, Pitikwahanapiwiyin
Chief Big Bear
“Concerned that indigenous
peoples have suffered from
historic injustices as a result
of, inter alia, their
colonization and
dispossession of their lands,
territories and resources,
thus preventing them from
exercising, in particular, their
right to development in
accordance with their own
needs and interests”
--- Preamble
Louis Riel, Métis, was elected
three time to the Canadian House
of Commons but was never able
to take his seat. A leader in the
struggle for Indigenous Rights in
Canada, he was hanged in Regina
on 16 November, 1885 for
“treason”
“Considering also that treaties,
agreements and other constructive
arrangements, and the relationship they
represent, are the basis for a
strengthened partnership between
indigenous peoples and States,
--- Preamble, UN Declaration on the Rights
of Indigenous Peoples
The Declaration Recognizes the International
Character and Responsibility of Treaties
Preamble
Recognizing also the urgent need to respect and promote the rights of
indigenous peoples affirmed in treaties, agreements and other constructive
arrangements with States,
“Considering that the rights affirmed in treaties, agreements and other
constructive arrangements between States and indigenous peoples are, in some
situations, matters of international concern, interest, responsibility and character,
Article 37
1.Indigenous peoples have the right to the recognition, observance and
enforcement of treaties, agreements and other constructive arrangements
concluded with States or their successors and to have States honour and respect
such treaties, agreements and other constructive arrangements.
2.Nothing in this Declaration may be interpreted as diminishing or eliminating the
rights of indigenous peoples contained in treaties, agreements and other
constructive arrangements.
The Declaration Affirms the
Right of Participation
Article 5:
“Indigenous peoples have the
right to maintain and
strengthen their distinct
political, legal, economic,
social and cultural
institutions, while retaining
their right to participate
fully, if they so choose, in the
political, economic, social
and cultural life of the
State.”
Ermineskin Cree Nation pow-wow, 2009
Chief Wilton
Littlechild, UNPFII
Expert Member and
Rapporteur, 2004
Article 18:
“Indigenous peoples
have the right to
participate in decisionmaking in matters which
would affect their rights,
through representatives
chosen by themselves in
accordance with their
own procedures, as well
as to maintain and
develop their own
indigenous decisionmaking institutions.”
Pearl Calahasen, Métis, Member of the Alberta
Legislative Assembly (Lesser Slave Lake) since 1989,
has served as Minister of Aboriginal Affairs and
Northern Development, minister without portfolio
responsible for children’s services, Associate Minister
of Aboriginal Affairs and member of the Standing
Committee on Resources and Environment. Awards
include the Esquao Circle of Honour, Honorary
membership in the Kapawe’no First Nation, Honorary
Chief of Tallcree First Nation, induction into the
Blackfoot Women’s Society, National Aboriginal
Achievement Award for Public Service and Aboriginal
Role Model Award
Article 27: “States shall establish
and implement, in conjunction with
indigenous peoples concerned, a
fair, independent, impartial, open
and transparent process, giving
due recognition to indigenous
peoples’ laws, traditions, customs
and land tenure systems, to
recognize and adjudicate the rights
of indigenous peoples pertaining to
their lands, territories and
resources, including those which
were traditionally owned or
otherwise occupied or used.
Indigenous peoples shall have
the right to participate in this
process”.
Hone Harawira, Aotearoa (New
Zealand), Member of Parliament
(Maori Party) and Treaty Rights
Activist on a Walkabout in Alice
Springs Australia in 2007. Hone is
from Waitangi Marae and
coordinates the annual
commemoration of the Treaty of
Waitangi (Te Tiriti o Waitangi)
The Declaration Provides Guidelines for establishing a
Process for Redress and Conflict Resolution that:
• Is fair, independent, impartial, open & transparent, established and implemented in
conjunction with indigenous peoples concerned (Article 27)
• Gives due recognition to indigenous peoples’ laws, traditions, customs, land tenure
systems, rules and legal systems of the indigenous peoples concerned and
international human rights (Articles 27 & 40)
• Provides redress for Indigenous Peoples’ lands, territories, resources traditionally
owned, occupied or used which were confiscated, taken, occupied, used or
damaged without free, prior informed and consent; can include restitution of these
lands and resources (Articles 27 & 28)
• Provides just, fair and equitable compensation; If return of original lands is not
possible, compensation shall take the form of lands, territories & resources equal in
quality, size, legal status’; Monetary compensation or other redress can provided
with the free agreement of the affected Peoples (Article 28)
• Provides effective remedies for all infringements of individual & collective rights
(Article 40)
• Indigenous peoples shall have the right to participate in this process (Article 27)
International
Treaty
U.N.D./I.L.O./O.A.S.
“Choice”
Orders of Government
Crown: HMQ
The Great Spirit
Federal
Kikpactinkosowin (inherent)
Statutes
Provincial
Members/Citizens of the Cree Nation
Constitution/BNA
Act
Statutes
Chief and Council
Indian Act Sections Municipal Government
74,81,83,88
Act
Legislation
Constitution
External/Internal
External
Federal
Provincial
Municipal
Indian Act Councils
(Levels of Government)
Internal
Constitution --- Pipe
Treaty 6 --- Written
Customary Law
Traditional Law
Oral Traditions
Cree Laws
Nature’s Laws
By Laws [S. 74]
(Incorporation by reference)
Ermineskin Maskwacîs
Cree Nation,
Bear Hills Drum Group,
International Indian Treaty
Conference August 2005,
Presentation by Chief Victor
Buffalo, Samson Cree Nation
• Maskwacîs Cree always
had a right to participate
in decision making, based
on:
– Ceremonies, Norms of Tribal
customs, traditional laws
– All members had a role
• Treaty-signing 1876
• Our Nation’s survival
depends on being equal
participants w/State and
maintaining cultural
practices and language
• Canada’s Assimilation
Policies, impacts:
--- loss of language &
beliefs; crime & violence;
high unemployment; health
problems
• Court cases & litigation
• Indian Act impacts on
Samson Cree decisionmaking
• External/Internal
• Recommendations
Parliamentary Participation
1.
2.
3.
4.
5.
Federal House of Commons (1960)
Elected Member through Party System
Cabinet Appointment (Minister)
Committee system
Block Vote
Minority Gov’t/Opposition
Senate (appointment)
Introducing bills, for example, s.16.
Committees (Aboriginal/HR)
Hearings on UN Declaration and UPR
Provincial Legislature
1 . Elected Member through Party System
2. Cabinet appointment (Minister)
3. Committee system
4. Opposition
* Nunavut
* Northwest Territories
Example: Tax Exemption
Example of successful good practice that honors Court decisions on the “legal duty
to consult” and implements U.N. Declaration Article 19: Bill C-30
MP Motions (ILO/UND)
Considerations that are important, for example:
1.Constituency level decision [own First Nations Territory/Ceremony]
2.Party participation [Indigenous party]
3.Independent candidacy
The Right to Participation Also
Includes the Right to Freely Pursue:
• Economic Development
• Financial Institutions
• International business
• Social development
• Education, Health & Welfare
• Cultural Development
• Language, religion & culture
• WIN Games, sports, Olympics
• Justice
• Courts and Hearings on Indigenous Territories
• Indigenous Law and Legal Systems
Other Examples of Direct Participation:
• Indigenous Parliament of the Americas
• Seminar on the Application of Legislation
on Indigenous Peoples’ Rights
• Treaty-based representation in
Parliament
• Courts at all levels and Indian/Tribal
Wilton Littlechild
Courts
Member of Parliament
1988 – 1993, First Treaty
• Administration/Bureaucracy: PolicyIndian to become a MOP in
Making
Canada; Vice President,
Indigenous Parliament of
• Participation in UN Treaty bodies
the Americas
Canadian House of Commons
and other fora (as members!)
photo, 1988
Special thanks to Andrea Carmen, International Indian Treaty Council,
for her assistance in the preparation of this power point presentation