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Untitled Document
Presented by John Sinclair,
Senior Assistant Deputy Minister
Department of Indian Affairs and Northern Development
Government of Canada
Geneva, July 19, 2004
The Government of Canada welcomes this opportunity to address
the 22nd Session of the Working Group on Indigenous Populations (WGIP). Mr.
Chairman, over the past year indigenous issues have figured prominently on the
agenda, both in Canada and globally.
In Canada, we have successfully completed negotiations on a
number of major land claims and self-government agreements.
On August 25, 2003, representatives of the Dogrib Treaty 11
Council, the Government of the Northwest Territories, and the Government of
Canada signed the Tlicho Agreement, another important development for the Mackenzie
Valley and the Northwest Territories as a whole. The former Prime Minister of
Canada, the Honourable Jean Chretien, attended the ceremony.
The Tlicho Agreement is the first combined land claim and self-government
agreement in the Northwest Territories. The Agreement will create the largest
single block of First Nation owned land in Canada, and provide new systems of
self-government for the Tlicho First Nation (who were previously known as the
Dogrib). The Tlicho will gain more effective tools and new law-making powers
to protect and promote the Tlicho culture and way of life, and enhance the economic
growth and well being of their communities.
Under the Tlicho Agreement, the Tlicho Government will be created,
and through it the Tlicho people will own a 39,000 square kilometre block of
land (Tlicho lands), including the subsurface resources. Over a number of years,
the Tlicho Government will receive approximately $100 million, as well as an
annual share of resource royalties that the government receives from development
in the Mackenzie Valley.
The Tlicho will gain fee simple title to. and have ownership,
including the subsurface resources, of approximately 3 of the land mass in the
Northwest Territories, an area slightly smaller than the size of Switzerland.
Implementation of the Agreement should mean increased certainty and clarity
about ownership and management of land and resources in the North Slave region
(which totals about 20 of the Northwest Territories). Certainty will help attract
investment and economic growth.
Mr. Chairman, I am pleased to report significant progress towards
the achievement of yet another modern treaty. On May 26, 2004, citizens of five
Inuit communities in Labrador overwhelmingly voted to ratify the Labrador Inuit
Land Claims Agreement, which sets out details of land ownership, resource sharing
and self-government.
The Labrador Inuit Land Claims Agreement provides for the establishment
of the Labrador Inuit Settlement Area totaling 72.500 square kilometers, including
15,800 square kilometers of Inuit-owned lands. Under the Agreement, Canada will
transfer $140 million to the Inuit, plus $156 million for implementation of
the Agreement. The self-government provisions of the Agreement provide for the
creation of the Nunatsiavut Government, five Inuit community governments and
any Inuit community corporations that may be established to provide for the
representation of Inuit living outside the Settlement Area. All levels of government
will be democratically responsible and financially accountable to their electorates.
The Nunatsiavut Government will be able to make laws applicable
to Inuit in Labrador Inuit Lands and Inuit communities with respect to culture
and language, education. health and social services. The Nunatsiavut Government
may also make laws for the administration of Inuit law and to establish necessary
enforcement structures, including an Inuit law enforcement agency and an Inuit
court.
This land claims and self-government agreement is the fourth
Inuit agreement. It is also the first of its kind in Atlantic Canada, and will
create a positive and stable climate for economic and social development for
the Inuit people of Labrador.
In another landmark development, in May, 2004, the Westbank
First Nation Self- Government Act was passed by Parliament. This Act, for the
Westbank First Nation in the Province of British Columbia, is the first "stand-alone"
self-government agreement (i.e. without a land claim component) negotiated under
Canada's 1995 Inherent Right Policy.
On November 19. 2003 the Government of Canada and First Nations
in the Province of Manitoba signed a Memorandum of Understanding to establish
an independent and impartial Treaty Relations Commission. The Commission will
provide a forum for discussion between treaty First Nations in Manitoba and
Canada on how historical treaties and treaty issues can be understood in contemporary
terms.
On September 19. 2003. the Supreme Court of Canada delivered
a unanimous decision of major import to the Metis people of Canada. In the Powley
Decision, the Court ruled that a specific Metis community in Ontario possessed
an Aboriginal right to harvest moose for subsistence purposes, thereby affirming
the existence of Metis Aboriginal rights. The Court developed a test for establishing
whether Metis communities possess Aboriginal rights and, in response, the Government
of Canada is leading a multi-stakeholder process of discussions - with Metis
people, federal government departments and provincial governments - in order
to clarify the complex issues raised by the Decision and to facilitate solutions.
A message we wish to convey is that, slowly but surely, in
partnership with Aboriginal peoples, Canada has developed processes for the
recognition, negotiation and resolution of Aboriginal rights, including land
claims and self-government, which are producing tangible results in every region
of our vast country. Significant new initiatives are also underway to deal with
quality of life issues, such as education, health, economic development and
community infrastructure.
On April 19, 2004 Prime Minister Paul Martin hosted the first
Canada-Aboriginal Peoples Roundtable meeting with more than 20 federal ministers
and some 70 Aboriginal leaders from every region of Canada representing National
Organizations, youth, elders, and various professions. This included 34 indigenous
women leaders. The purpose was to strengthen relations between Canada and Aboriginal
peoples and to identify clear goals as we move forward in a relationship of
collaboration and partnership.
The Roundtable also established a basis for future collaborative
work with Aboriginal people; the federal, provincial, territorial and municipal
governments; the private sector and the voluntary sector to improve the quality
of life for Aboriginal Canadians. A Report on the Proceedings of the Roundtable
is available on the Prime Minister's website (http://www.pm.gc.ca/eng/news.asp?id=210)
and we are providing copies to the Working Group.
This has also been a year of active engagement on indigenous
issues between Canada and the United Nations system. Canada was an active participant
in the Expert Seminar on Indigenous Peoples and the Administration of Justice,
held in Madrid in November, 2003 and at the Expert Seminar on Treaties, Agreements
and Other Constructive Arrangements, held in Geneva in December, 2003. A number
of documents outlining the views and recommendations of the Government of Canada
were also tabled at both seminars.
The UN Special Rapporteur on the situation of the human rights
and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, made an
official visit to Canada from 20 May - 4 June. 2004.
A diverse program, organized by the Government of Canada and
the Assembly of First Nations, saw the Special Rapporteur meet with federal,
provincial and territorial government officials, aboriginal organizations and
communities, academics and NGOs in Ottawa, Nova Scotia, Quebec, Nunavut and
Manitoba.
Canada looks forward to the observations and recommendations
of the Special Rapporteur's report on this visit.
Mr. Chairman, at last year's session of this Working Group,
Canada advocated that efforts be made to ensure an appropriate role for indigenous
people in the World Summit on the Information Society (WSIS). We were pleased
that this proposal was seized upon and supported by indigenous groups, by the
UN Permanent Forum on Indigenous Issues and other UN Agencies, by a number of
member states and by our Swiss and City of Geneva hosts.
As a result of this collaboration, a very successful Global
Forum on Indigenous Peoples and the Information Society was held under the auspices
of Phase I of the World Summit in December, 2003. Indigenous people's perspectives
were integrated in the Declaration and Plan of Action of the Summit.
In the context of the UN system, there now exists an excellent
foundation concerning indigenous peoples and information and communication technologies.
Canada invites UN Agencies, Member States and indigenous groups to build on
this achievement as we prepare for Phase II of the World Summit on the Information
Society, to be held in Tunisia in 2005. As part of this process, Canada hopes
to host a hemispheric preparatory conference in early 2005.
In May, the UN Permanent Forum on Indigenous Issues completed
a very successful third session in New York. Canada was pleased to sponsor three
side events, on the topics of Indigenous Women as Agents of Change, Connectivity
and WSIS, and on Violence Against Indigenous Women, as well as to participate
in the dialogue on other agenda items.
We note that the Forum has used innovative methodologies, such
as high-level panels, expert reports and cross-cutting theme approaches, and
has dealt successfully with the time constraints and other challenges of its
session. The Forum was able to also afford time on its agenda to engage with
the broadest and deepest range of UN Specialised Agencies ever, including the
OHCHR and the Special Rapporteur on the situation of the human rights and fundamental
freedoms of indigenous people.
The Forum has shown vision by deciding to focus on tracking
the implementation of its recommendations and by selecting the Millennium Development
Goals as the cross- cutting theme of the fourth session in 2005.
Mr. Chairman and members of the Working Group, Canada appreciates
that this Working Group is making similar efforts to improve its effectiveness
and relevance through thematic dialogues, discussion papers and heightened interaction
with other elements of the United Nations system. Recalling the 21st Session
of the Working Group, we note in particular the usefulness of the dialogue on
"Globalization and Indigenous Peoples" and the opportunity afforded
to the Chairman of the Permanent Forum to present a report.
We encourage the Working Group to continue its efforts to innovate
in addressing indigenous rights as human rights, in particular by working closely
with those UN bodies who are engaged in standard-setting activities. We encourage
efforts to increase cooperation, information sharing and coordination on issues
affecting indigenous peoples within the United Nations system.
Also on the global scene, we are now at a critical stage in the process to elaborate
a Declaration on the Rights of Indigenous Peoples.
Ten years ago States made a commitment to complete a Declaration
by the end of the International Decade of the World's Indigenous People. Canada
remains committed to this goal and would like to have a consensus text ready
for the next session of the Commission on Human Rights in April 2005.
There are two sessions remaining in which to complete our work.
For us to be successful, it will be necessary for all parties to come to Geneva
with mandates to search actively for common ground, to consider alternate language
and to make the compromises necessary for agreement. For our part, Canada will
be flexible and prepared to consider all options in order to build consensus.
We remain committed to the objective of completing a Declaration that is clear,
effective and implementable. In conclusion, Mr. Chairman, Canada believes that,
overall, the past year has been an impressive, positive and forward-looking
year in the world of indigenous issues.
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