DOCUMENT: UNION_BC.TXT 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. 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