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UNITED NATIONS WORKING GROUP ON INDIGENOUS POPULATIONS SIXTEENTH SESSION JULY 1998
REVIEW OF DEVELOPMENTS PERTAINING TO
THE PROMOTION AND PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF INDIGENOUS POPULATIONS
STATEMENT
BY THE OBSERVER DELEGATION OF CANADA
DELIVERED BY BOB WATTS ASSISTANT DEPUTY MINISTER, LANDS AND TRUSTS SERVICES, DEPARTMENT INDIAN AND NORTHERN AFFAIRS CANADA
GENEVA, TUESDAY, JULY 28, 1998
Madam Chairperson, it is an honour for me to be here to make the following presentation, on behalf of Canada, to the United Nations Working Group on Indigenous Populations. This year, Canada's Review of Developments since the fifteenth session in 1997 will concentrate on informing the Working Group about Canada's response to the Royal Commission on Aboriginal Peoples and the work that has begun in partnership with the Aboriginal community as a result of the response. This speech will address Agenda items 4, 6 and 11. On January 7, 1998, the Government of Canada released its response to the Royal Commission's report. The response, entitled Gathering Strength - Canada's Aboriginal Action Plan, aims to help governments, Aboriginal people, the private sector and others to work together to find and implement solutions. The Gathering Strength action plan is framed around four key objectives:
The launch of Gathering Strength included a key statement from the Government of Canada. The Statement of Reconciliation signed by the Honourable Jane Stewart, Minister of Indian and Northern Affairs Canada and the Honourable Ralph Goodale, Federal Interlocutor for Métis and Non- Status Indians expressed regret for the many past policies and actions that have eroded the political, economic and social systems of Aboriginal people and nations. To the victims who suffered physical and sexual abuse in the residential school system, the government said it is deeply sorry. Accompanying the Statement of Reconciliation was the announcement of a commitment of $350 million in new funding to develop a community-based healing strategy to assist Aboriginal people - Inuit, Métis and First Nations, on and off reserve - who have been affected by the legacy of physical and sexual abuse in residential schools. Reconciliation has been our first priority, because we cannot look forward without first looking back and coming to terms with the impact of our past actions and attitudes. The Government of Canada was happy to be among those celebrating the launch of the Aboriginal Healing Foundation which occurred on May 4, 1998. The Foundation is an Aboriginally controlled, non-profit corporation which will manage and administer the $350 million residential schools healing fund. The Foundation is expected to fund eligible community-based healing initiatives to address issues such as cycles of physical and sexual abuse, family violence, drug and alcohol abuse and parenting skills and to compliment the work being carried out under existing programs. Strengthening the partnership between Aboriginal and non-Aboriginal people also means resolving outstanding specific claims. The Government of Canada is pleased to report that we are working jointly with First Nations to make recommendations on the creation of an independent claims body. This body would replace the existing Indian Specific Claims Commission, which was established as an interim measure in 1991. It would provide an impartial perspective on the specific claims process to address the real or perceived conflict of interest Canada faces when it acts as defender and judge of claims against itself. In Canada's view, an exciting example of the second objective of enabling Aboriginal people to regain control of their future is the creation of Nunavut. In less than a year, Canada will have a new, third territory in the North. At that time, the Inuit of the eastern Arctic will have achieved self-government through a form of public government that has been tailored to meet their needs, circumstances and vision. Legislation has been introduced in the Parliament of Canada to give the new territorial government the tools and authority to be effective, accountable and responsive. With all the excitement about Nunavut, Canada has not lost sight of the need for political and economic change in other parts of the North. The federal Government announced in December 1997, its commitment to working toward the development of a new constitution for the western Northwest Territories (NWT). In this region, as in other parts of Canada, the completion of land claims and self-government agreements will continue to be a priority. Providing legislative tools and mechanisms for good governance is only part of the solution. This leads to the third objective under Gathering Strength, to help Aboriginal governments become self-reliant by ensuring that they have the fiscal autonomy and financial capacity to support their responsibilities. Canada, in partnership with Aboriginal people, is investigating new options for financing Aboriginal governments, including modern fiscal transfer agreements and the potential for these governments to raise their own revenues through taxation. The fourth objective under Gathering Strength, supporting strong communities, people and economies, brings us to the essence of what Canada feels government is about, namely addressing the issues that touch people every day - education, housing, health care, jobs and economic opportunity. Nowhere is the potential for building strong communities greater than in economic development. Across the country, there is a growing realization in the private sector, in the provinces and territories, and at the federal level that everyone will benefit when Aboriginal communities thrive. The 20,000 Aboriginally owned business interests are well aware of this fact and are determined to work in partnership to build a stronger future. In April 1998, there was a first-ever Economic Renewal conference in Toronto, which brought together Aboriginal and non-Aboriginal entrepreneurs to find ways to forge new business partnerships. In an effort to strengthen economic development in Aboriginal communities, Canada is also focusing on welfare reform. Canada has, together with the Assembly of First Nations, established principles and guidelines on welfare reform. We are also working to support specific community-based initiatives that would re-orient welfare systems away from passive income maintenance toward active work and training opportunities. In March 1998 , a historic political accord was signed with several Mi'kmaq and Maliseet First Nations in the Atlantic region of Canada and a commitment was made to work jointly with the First Nations Atlantic Policy Congress to develop practical options for a First Nations welfare system that will help Mi'kmaq and Maliseet First Nations to reduce welfare dependency and increase employability. Many of the same themes found in Gathering Strength were reflected in a recent Supreme Court of Canada decision in the case referred to as Delgamuukw. Both focus on the need for reconciliation; the preference for negotiation over litigation; and the requirement for consultation on acts that may infringe on Aboriginal title. In May of 1998, an important federal-provincial-territorial meeting of Ministers of Aboriginal Affairs and Leaders of national Aboriginal organizations was held in Québec. This was the first time in four years that federal/provincial/territorial ministers and national Aboriginal leaders had come together. It was generally agreed that Gathering Strength provides a first step by the federal government in response to the Royal Commission recommendations and the provinces and territories agreed that further cooperative approaches are required. This meeting was viewed as an opportunity to set a new course for federal-provincial-territorial and Aboriginal relations aimed working together for concrete results. This Madam Chairperson, very briefly outlines Gathering Strength -Canada's Aboriginal Action Plan. We are happy to share written information on this policy which we feel is a very important turning point for relations with the Aboriginal people of Canada. While talking about policy, let me mention that last April, the Government of Québec released its new guidelines concerning Aboriginal affairs. These guidelines have three broad objectives:
The proposed approach also seeks to create a political forum for debate, discussion and oncerted action between Aboriginal and non-Aboriginal elected officials. Madam Chairperson, Canada now wishes to provide a brief update on a few items from revious years. Last year Canada announced the signing of the Agreement- in-Principle on self-government with the Nisga'a Tribal Council. We are pleased to advise a further milestone has been reached and an initialling ceremony for a Final Agreement is planned for next week, involving representatives of the Nisga'a Tribal Council, the federal government and the government of the Province of British Columbia. Also a Final Agreement and self-government Agreement was signed this month with the Tr'ondek Hwech'in in the Yukon. As a result, seven of the fourteen Yukon First Nations have now signed Self-government Agreements. Agreements-in-Principle have also been reached with the Westbank First Nation in British Columbia and the United Anishnaabeg Councils representing 8 First Nations in Ontario. Canada is currently engaged in some 85 separate self-government negotiations across the country, involving over one-half of Canada's First Nation and Inuit communities. Progress is also being made in the discussion with the Métis, Non-Status Indian and urban Aboriginal organizations. For instance in Manitoba, there is a $ 1.2 million federal-provincial funding agreement with several Aboriginal organizations to deliver legal services in the city of Winnipeg and a funding arrangement to implement legislation concerning education and training. In Saskatchewan, there is an agreement among the federal and provincial governments and the Métis Nation of skatchewan to implement the process of enumeration of the Métis community. Canada has also contributed to an enumeration process conducted by the Métis Settlements General Council in Alberta. Lands and environment issues, Madam Chairperson, as indicated in the description of Gathering Strength, continues to be a priority among the Aboriginal concerns. Canada believes in the importance of the settlement of Aboriginal land claims and in reaching self-government agreements in a way that establishes certainty about rights to lands and resources, respects the inherent right of self-government, fosters economic development and self-sufficiency, and builds a new partnership with Aboriginal people. In the past year, Canada has been engaged in approximately 60 tables at which claims and self-government arrangements may be negotiated together and over 100 specific land claims are at the negotiation table and 11 specific claims have been settled since the 1997 report. In April 1998 Canada announced a new approach to Treaty Land Entitlement, consistent with the government's commitment to improve the specific claims process. The approach broadens the way it will calculate historic Treaty Land Entitlement shortfalls. The negotiated Treaty Land Entitlement settlements provide land and funds to enable First Nations to launch economic development initiatives that strengthen their economies and their communities. In previous years we have referred to a Framework Agreement on First Nations Land Management. The process has evolved and on June 11, 1998, Bill C-49, the First Nations Land Management Act was introduced in the Canadian Parliament. The proposed legislation is to apply to the 14 First Nations who developed this initiative and signed the Framework Agreement on First Nations Land Management with the federal government in February 1996. It will allow the 14 participating First Nations to opt out of the land management sections of the Indian Act; to establish their own regimes to manage their reserve lands and resources; and to implement a community process establishing laws to address the use, possession and occupancy of First Nations' lands. The Agreement and the legislation are intended to apply only to the 14 participating First Nations, at this juncture. With respect to developments in the area of environment, Madam Chairperson, I am pleased to report a number of developments, for example:
In the area of Health, a number of the key initiatives will appear in Canada's Statement on Education; however, it is important to report that the federal government is currently engaged in discussions with Aboriginal organizations on the development of an Aboriginal Health Institute. This institute is to provide a bridge for traditional Aboriginal knowledge and practises and the Canadian health systems in key areas of Aboriginal health. It is to facilitate more effective approaches to improving health status and delivering health care and to strengthen capacities in areas of priority among Aboriginal health issues. This important initiative is an integral part of Gathering Strength -Canada's Aboriginal Plan of Action. As one example of development in the Treaty area, Minister of Indian Affairs and Northern Development announced just this month, the formation of a panel to recommend effective initiatives to enhance B.C. First Nations' capacity to deal with land and resource issues which will be an important part of future treaties. Through consultation with industry and First Nation communities, the panel will identify joint opportunities to enhance First Nation capacity to negotiate and implement treaties and manage related lands and resource matters. It will also look at ways to fill program gaps and assess funding requirements for the capacity initiative. Madam Chairperson, as mentioned earlier there are now approximately 20,000 Aboriginal-owned businesses in Canada. To address further development in an are which is a priority in Canada , federal departments such as Foreign Affairs and International Trade , Industry Canada (Aboriginal Business Canada), Canadian Heritage, Western Economic Diversification, Atlantic Opportunities Canada, Indian Affairs and Northern Development, provincial governments such as Saskatchewan and Manitoba and private sector organizations such as the Canadian Tourism Commission, Canadian Executive Services Organization and a large number of Canadian financial institutions have formed partnerships with Aboriginal interests in areas of :
Another example of movement on the economic front is Canada's announcement in April this year of the signing of several Enhanced Co-Management Agreements to enter the second phase of the First Nations Oil and Gas Management Initiative (pilot project). This marks a major step in First Nation progression toward assuming full control of their oil and gas resources, but it also provides for greater First Nation participation as well as direct training and capacity development. There has also been movement on international trade and development among indigenous populations. Canada continues to develop Aboriginal trade missions to various parts of the world and to lend importance to developing economic ties with other countries for the benefit of indigenous people. As a signal of the importance of addressing international indigenous issues, the Department of Foreign Affairs and International Trade recently announced the appointment of Mr. Blaine Favel, former Grand Chief of the Federation of Saskatchewan First Nations as Counsellor for International Indigenous Affairs. Madam Chairperson, I am pleased to report that Canada continues to be active in the area of Circumpolar Affairs. The Minister of Indian Affairs and Northern Development, the Honourable Jane Stewart, returned just recently from a visit to Russia, where she attended a meeting of the Canada-Russia Joint Committee on Aboriginal and Northern Development. Canada and the Russian State Committee on Northern Development have signed a Memorandum of Understanding which provides a mechanism for cooperation and consultation on areas of common interest and responsibility, in particular northern policy and socio-economic development of Aboriginal peoples. These are just a few examples, Madam Chairperson, of action taken by Canada, since August 1997. Later in the session, Canada hopes to have an opportunity to make a short statement on some of the recent achievements in the area of education and languages, the theme for this years Working Group Session. We also would like at this time to extend to all the participants at the Working Group in Indigenous Populations and invitation to join three Aboriginal experts from Canada in a Round Table discussion on education and training to be held Thursday, July 30, 1998 from 1 pm to 3 pm in this building. Madam Chairperson, before bringing this review to a close, I wish to take a few moments to update the Working Group on developments with respect to the International Decade of the World's Indigenous Peoples. For instance, Canada will continue to support regular discussions on the draft Declaration with Aboriginal representatives and to contribute to the Working Group on the Draft Declaration. From a domestic perspective, Canada sees a very clear link between the objectives and initiatives of Gathering Strength and those of the Decade, from dealing with issues of education and languages, lands and environment to international cooperation. Canada has however supported a number of special projects to mark the Decade and is in the process of refining a plan of action for the Decade - in partnership with various national Aboriginal organizations. We are also pleased to announce that the virtual reality exhibit project which we referred to in last year's speech - which is called Haida- Spirits of the Sea - is an important feature of Canada's pavilion at Expo'98 in Portugal and that project has proven a most successful - multi-party venture with the Old Masset Village Council. Copies of bookmarks which promote the Internet address for the exhibit will be available. Madam Chairperson, there are many other developments that could be reported. Further examples of initiatives completed or underway, people may wish to start by consulting for example, the Indian Affairs and Northern Development internet address at http//www.inac.gc.ca. and we will include references to a few updates in the printed version of this speech. In conclusion, Madam Chairperson, Canada will pursue actively, Gathering Strength, Canada's Aboriginal Plan of Action to address the concerns of the Aboriginal peoples of Canada and we will strive, in partnership with Aboriginal people, for practical solutions and arrangements, within the fiscal framework. This speech will be available in print later in the session. |
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Last Updated: 2004-04-23 | Important Notices |