Not a single Territory of traditional natural resource use has been approved by the federal government. Internet belong Retrieved from http: The positive measures taken in a number of communities and jurisdictions across the country highlight the shocking failure of the federal government to ensure an effective national response. Uekakua, Michoacan 7. Malaysia, Burma, India. Greenland is currently searching for ways to brand seal products from Greenland hunters in order to comply with the conditions of the Inuit exemption in the regulation.
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Animals, their feeding and management The basic management of un-. Foreign direct investment FDI and privatization are two of the most important SSR and DW are, respectively, the abbreviations of sum Corresponding author's Their status as a people is recognized by constitutional amendment a to the Norwegian Constitution Grunnloven.
The Saami peoples traditional territories cover large parts of the Norwegian mainland. Their lands and territories, traditionally used for reindeer herding, fishing, hunting and gathering, are under constant pressure from international and national mining corporations, state energy enterprises, the Norwegian Armed Forces, and others. The Smediggi the Saami Parliament is the democratically elected political body of the Saami people; its representatives are elected by and amongst the Saami themselves.
It regulates its business within the framework laid down by an Act concerning the Smediggi and other Saami legal matters the Smi Act. The two opposing parties, the Norwegian Labour Party and. These two have been the biggest parties since the first elections in , and they still dominate the Saami Parliament.
In cooperation with several smaller parties, the Labour Party created a majority, and Egil Olli continued as president. The overall voter turnout was For the first time in history, the Progress Party, which can be described as a radical right-wing Norwegian party, is represented in the Saami Parliament.
One of its main goals, in both the Norwegian and Saami Parliaments, is to shut down the Saami Parliament. Debates before the elections were very heated, with a spokesperson for the Progress Party stating, for example, that the Saami Parliament building would make a nice hotel once it was shut down. After nearly two years of consultations between the Norwegian Government and the Saami Parliament, the act was passed without the consent of the Saami Parliament.
The Saami Parliament has been very critical of the act because it does not acknowledge the Saami peoples rights, as indigenous people of Norway, to share the benefits of mineral extraction in Saami areas. Nor does it recognize Saami interests outside of Finnmark county, which implies that the Saami Parliament will not even be informed when a company is given the right to extract minerals in Saami areas outside Finnmark.
The negotiations around the new mineral act show that the consultation agreement between the Saami Parliament and the Norwegian Government does not always work as one might wish.
American City Big Fat Onion Booty Analed Porn VideoEven though the Saami Parliament has been consulted on the act, it was passed without its consent. The name Noereh! The organization also aims to serve as a mouthpiece for all Saami youth, no matter where they live in Norway.
Until the establishment of Noereh! There are similar youth organizations in Sweden, Finland and Russia, which Noereh! Award winning Saami artist During , the internationally-known Saami artist, Mari Boine, won several awards for her artistic diversity. She was appointed knight of the first class in the Royal Norwegian Order of St. Olav in September, and was also the first Saami artist to receive the Anders Jahre cultural award.
The Anders Jahre cultural award is one of the most prestigious cultural awards in Norway. Notes and references 1 Elections are held every four years at the same time as the elections to the Norwegian Parliament. The elections to the Saami Parliament are based on an electoral register, and in order to be entitled to vote you have to be enrolled on the Saami election census.
To enrol you have to fulfil a subjective and an objective requirement. The first criterion deals with self-ascription, i. You may also enrol if one of your parents has been registered on the census. At the elections in September, there were 13, people registered on the census, which means that a large number of the Saami living in Norway are not enrolled on the census.
Initially established to secure the Saami people a voice in Norwegian society, the Smediggi can be considered a minority parliament, which implies that it does not have any legislative powers, and is not economically independent. All economic resources are transferred from the Norwegian Government.
The Norwegian Government could in theory withdraw the decision-making power that has been transferred to the Saami Parliament, even though this is unlikely to happen. She is the leader of the national Saami youth organization, Noereh! Of these, 41 are legally recognised as indigenous, small-numbered peoples of the North, Siberia and the Far East, some others are still striving to obtain this status.
This status is tied to the conditions that a people has no more than 50, members, maintains a traditional way of life, inhabits certain remote regions of Russia and identifies itself as a distinct ethnic community. A definition of indigenous without the numerical qualification does not exist in Russian legislation. The small-numbered indigenous peoples number approximately , individuals in total and thus make up less than 0.
They traditionally inhabit huge territories stretching from the Kola Peninsula in the west to the Bering Strait in the east, and make up about two-thirds of the Russian territory, They have traditionally been hunters, gatherers, fisherfolk and reindeer breeders. For many of them, these activities still constitute vital parts of their livelihoods, even more since the collapse of the Soviet economy and the disappearance of the services it provided.
Their languages belong to many different families, such as Finno-Ugric, Manchu-Tungusic and Paleo-Siberian, and their cultures and world views are closely related to their environments: Today, it represents 42 indigenous peoples and aims to protect their rights at the national and international levels.
Their territories are rich in natural resources, such as oil, gas, and minerals, and heavily affected by large energy projects such as pipelines and hydroelectric dams. Any industrial project taking place on indigenous peoples lands presents a threat and elicits concern in the indigenous population.
New problems were added to existing ones, which are covered in earlier editions of this yearbook. In particular, problems related to indigenous peoples access to traditional natural resources for fishing and hunting were exacerbated. This was caused by ill-conceived decisions made by the legislative and executive branches of power, as well as the aggressive position of commercial companies hurrying to secure rights to any and all natural resources.
Privatisation and alienation of traditional fishing grounds The government passed regulatory acts establishing new registries for fishing grounds as well as new rules for calls for tenders to allocate fishing grounds. Moreover, in areas where indigenous peoples reside, fishing grounds were earmarked in the new registries without consideration of either proposals made by indigenous peoples or scientific rationale.
As a result, a large portion of those fisheries previously used. Following calls for tenders for commercial fishing grounds in spring , many indigenous peoples fishing grounds ended up in the hands of commercial companies, resulting in a lost opportunity for indigenous peoples to fish in their traditional areas.
This has been particularly catastrophic for the indigenous peoples of the Russian Far East, where traditional fishing has always been the foundation of the indigenous populations livelihood. In some Far Eastern regions, such as Magadan Oblast1 and Khabarovsk Krai,2 the regional administrations attempted to incorporate the interests of indigenous peoples by setting aside fishing grounds for them outside of the tenders, in direct conflict with the Russian federal governments decisions but, in Kamchatka Krai, the administration has been unwilling to compromise, and as a result, more than indigenous obshchinas3 have been left without any fishing grounds at all.
Protests by indigenous obshchinas against the new allocation for fishing grounds took place in northern Sakha republic Yakutiya and on Kamchatka. RAIPON submitted an appeal to the Russian president and the Russian government demanding that fishing ground registries be reviewed in regions where indigenous peoples reside, that fishing grounds be allocated for traditional fishing and, further, that they be allocated in a process of consultation with the obshchinas instead of through commercial tenders.
The Aleutean obshchina Kignakh on the Bering Island, which is a part of Kamchatka krai, protested the legality of the approved fishing ground registry in court. The case was won in the regional court of Kamchatka Krai. The obshchina won this case as well.
On October 28, the Russian Supreme Court upheld the decision of the Kamchatka regional court annulling the. Kamchatka Krai governors decree retroactively back to the inception date because it limited the ability of indigenous numerically small peoples to fish in their traditional fishing grounds.
Unfortunately, this decision does not restore the violated rights of the indigenous peoples of Kamchatka: The next task for indigenous peoples will be to get those concessions invalidated. Privatisation of hunting grounds The Indigenous World reports how Evenk obshchinas in Amur Oblast lost their hunting grounds when lands they had previously used for traditional hunting were put out to tender.
On July 24, attempts to protect the hunting rights of indigenous peoples suffered a severe setback when the federal law On hunting and the preservation of hunting resources and on changes to specific legislative acts was passed. The main innovation to which indigenous peoples objected was that all hunting grounds, without exception, would be handed over to new owners under long-term lease agreements, based on tenders.
This regulation is dangerous for indigenous hunting obshchinas, as they may lose access to their traditional hunting lands. During this drafting process, RAIPON experts proposed changes intended to prioritize indigenous peoples right to traditional hunting in places where they traditionally reside. However, the federal hunting law was finally passed without consideration for the rights of indigenous peoples to preferential access to hunting grounds.
The new Russian law on hunting further decreased indigenous peoples chances of receiving hunting grounds. Anyone will be able to participate in the auctions, including commercial hunting companies working on indigenous lands as well as their employees who may wish to hunt in their free time.
Past hunting experience is one of the. In the definition used by the authorities, this will likely play out to the advantage of commercial hunting enterprises, which have better resources and technical capacity. When no preferential access right is afforded to indigenous peoples obshchinas, they will very likely be out-competed by these commercial entities.
The federal law will take effect on April 1, Territories of Traditional Nature Use - land rights hanging in the balance The federal law dated May 7, FZ On territories of traditional natural resource use for indigenous peoples of the North, Siberia, and the Far East of the Russian Federation is the single most important legal act in Russia aimed at the protection of indigenous peoples rights to land.
However, even though it was adopted nine years ago, it has still not been implemented. Not a single Territory of traditional natural resource use has been approved by the federal government. On multiple occasions, UN human rights bodies such as the Committee on the Elimination of Racial Discrimination CERD have urged the Russian government to accelerate the process of instituting territories of traditional natural resource use for indigenous peoples.
The Ministry of Regional Development MinRegion , which is largely in charge of indigenous affairs, responded to this task by presenting a report which concluded that respective federal law needed to be revised in order to remove existing flaws. The Russian government charged MinRegion with preparing a revised version of the federal law by June 15, The ministry failed to complete to complete this task.
The report provides detailed and well-founded proposals aimed at improving the text of the law on territories of traditional natural resource use as well as the mechanisms for its realization. Thus, at present, federal Territories of Traditional Nature Use still do not exist, and on those lands where indigenous numerically small peoples conduct traditional natural resource use with the goal of basic sustenance, the best hunting and fishing grounds have already been handed over to commercial enterprises and other local residents through auctions and tenders.
There is another threat to the development of traditional natural resource use related to the unsolved legislative issue of evaluating the impacts of industrial projects on traditional ways of life and natural resource use. According to the federal law On guarantees of the rights of indigenous small-numbered peoples, indigenous peoples have the right to compensation for losses resulting from damage to their territories caused by economic activity.
In , the Russian federal government accepted a proposal put forward by RAIPON in the context of the second International Decade of the Worlds Indigenous Peoples to develop and approve until a methodology for the quantification of damage to land and other natural resources in places of traditional occupation and economic activities traditionally used by Russias small-numbered peoples.
Developed by a group of qualified specialists, the draft methodology was presented to MinRegion Russia in In , the Batani International Development Fund for Indigenous Peoples of Russia conducted a project entitled Ecological co-management of extractive companies, public authorities, and indigenous peoples in three Arctic regions. Within the project framework, the Fund tested and approved the specified methodology and submitted a report to that effect to the State Duma5 World of Indigenous Peoples Vivid Arctic, 22, Despite this, the Russian government has not yet approved the methodology.
Lack of self-administration In its concluding observations on Russia, the UN Committee on the Elimination of Racial Discrimination CERD of September , pointed to the absence of a mechanism ensuring adequate representation of indigenous peoples in regional state bodies. On December 15, , at an expanded session of the Federation Councils Committee for Northern Affairs and Indigenous Small-Numbered Peoples, it was decided to support the development of a regulation, acknowledging RAIPON as the authorized representative of the indigenous small-numbered peoples.
The regulation, however, was not developed, and the indigenous peoples are still left without an authorized representative in government, mandated to participate in decision-making processes affecting issues such as indigenous territories, traditional life ways of life, husbandry, and traditional industries of numerically small peoples, fishing and hunting.
Remote villages left to their own devices, threats from extractive industries The situation continues to deteriorate in small, isolated villages of indigenous peoples, especially in the formerly autonomous regions okrugs of Evenkiya, Taimyr and Koryakia. Schools, shops and medical facilities are closing in these settlements, and residents are being laid off from their jobs.
Moreover, the threat of flooding due to the planned construction of one of the worlds largest hydroelectric dams on the Lower Tunguska River continues to hang over the indigenous peoples of Evenkiya and Taymyr, and residents of Koryakiya in Northern Kamchatka are losing their fishing grounds. Kamchatkas indigenous residents are also under threat of expanding oil and gas exploration on both the land and on the nearby continental shelf.
These regions are also particularly affected by both the lack of protected territories of traditional natural resource use for indigenous peoples and also the absence of co-management mechanisms with the participation of indigenous peoples see above. The Congress brought together authorized representatives of indigenous peoples of the North, Siberia, and the Far East from 27 regions, who had been appointed at regional congresses, and an almost equal number of guests.
Two days prior to the start of the Congress, leaders of most regional indigenous peoples organizations met in Moscow to participate in a preparatory seminar in the Public Chamber. These drafts were circulated widely among Congress participants for discussion. The final Congress documents include delegates proposals for improving Russian legislation with regard to indigenous peoples rights, as well as practical recommendations for expanding the work of indigenous organizations in the regions.
The resolution and recommendations of the VIth Con-. The framework programme around the Congress also included the first Russian Youth Forum of indigenous numerically small peoples of the North. Participants in the Youth Forum met in the same premises as their elder leaders, the Public Chamber, and discussed their challenges, desires and intentions and developed concrete proposals for the development of youth policies within the Russian Association of Indigenous Numerically Small Peoples of the North, Siberia, and the Far East of Russia.
Those proposals were included in the Congress proceedings, which subsequently declared the year of indigenous youth. Shortly before the VIth Congress, the Russian government had approved the Concept Paper for the sustainable development of indigenous numerically small peoples of the North, Siberia, and the Far East of Russia to They advocated the inclusion of several proposals necessary for the protection of indigenous peoples rights in the documents, some of which where eventually accepted.
Notably, the Concept Paper stipulates the creation of territories of traditional natural resource use TTP ; it calls for the approval of a methodology for assessing the impacts of industrial projects on indigenous peoples and for the creation of mechanisms safeguarding indigenous peoples access to traditional natural resources, education and public health services; and it advocates the institution of indigenous self-administration in their places of residence.
How and to what extent these plans will be implemented remains to be seen. At the session, a representative of the Ministry of Regional Development MinRegion declared that Russia had developed a national action plan for the implementation of the recommendations and would deliver a first interim report by the end of However, even though the Ministry did eventually present an action plan for the implantation of the recommendations, it failed entirely to address the specific recommendations pertaining to indigenous peoples, which included, among other things, implementation of the law On Territories of Traditional Nature Use, reinstatement of the principle of preferential access of indigenous peoples to the resources and land they depend on and the withdrawal of support for projects that lead to mass involuntary resettlements, most notably the giant Evenki hydroelectric dam see above.
Instead, its representatives declared globally that with the adoption of the concept paper for the sustainable development of indigenous peoples see above , the recommendations had been implemented. RAIPON submitted its criticism to the Public Chamber for inclusion into the joint report of civil society and human rights organizations.
Publication of these materials and their discussion at the 4th Session of the Human Rights Councils Universal Periodic Review, as well as at the Permanent Forum on Indigenous Issues in , elicited an inadequate response from MinRegion, which is in charge of indigenous issues.
The Ministry held that RAIPONs criticism of the Russian government constituted slander and an attempt to defame Russias policies in an international forum, as publicly stated by several MinRegion representatives. An official visit from the UNs Special Rapporteur on the rights and fundamental freedoms of indigenous peoples, James Anaya, took place from October , RAIPONs Information Center went to great lengths to ensure that, while visiting various regions, the Rapporteur would meet with representatives of regional indigenous peoples organizations outside of those meetings included in the official visit itinerary.
It was thus that the Rapporteur met with indigenous representatives from Evenkiya opposing the construction of the giant Evenki hydroelectric dam see above. In Khabarovsk, he also met with a representative of the indigenous population of Koryakia, who had to travel there because the Russian government had opposed Anayas wish to visit Kamchatka, the peninsula in Russias Far East the northern half of which is occupied by the formerly autonomous region of Koryakia, whose autonomy was scrapped in Koryakia is one of Russias least accessible regions, and many indigenous settlements are thus affected by extreme poverty and vastly inadequate infrastructure.
During a press conference at the conclusion of his official visit on October 15, , and in response to a question regarding the condition of human rights and the basic rights of indigenous peoples in the outlying regions, the Special Rapporteur stated, I am impressed by the several initiatives by the Government of the Russian Federation and regional governments to address the concerns of the countrys smallnumbered indigenous peoples.
Significant challenges remain, however, to consolidate and effectively implement these initiatives for the benefit of these indigenous peoples. However, he also learned that, in many places, indigenous peoples continue to suffer from poverty, unemployment, and social diseases as well as facing other challenges connected to accessing traditional activities and effectively participating in decision-making on issues related to these areas.
Notes and references 1 2 3 The Russian Federation is divided into 83 federal subjects, of which 46 are oblasts. The term is often translated as region or province. Krai is a term used to refer to nine of Russias federal subjects. The term is often translated as territory, province, country or region. Obshchinas are usually kinship-based indigenous collective enterprises, engaging in traditional economic activities such as fishing, hunting or gathering of non-timber forest products.
They enjoy special tax privileges and were originally designed to have a role in indigenous self-administration, even though the latter function was never put into practice. Its member are appointed in a three-stage procedure whereby the first third is appointed directly by the president which in turn appoints the second third. It has a consultative mandate and also administers a small grants programme.
They live in 53 Arctic communities in four Land Claims regions: In , the Labrador Inuit Association, formerly representative of the Labrador Inuit, signed a settlement for their land claim that covers 72, square kilometres. The Nunatsiavut government was created in It is the only ethnic style government to be formed among the four Inuit regions to date.
The Nunavut land claim, which covers two million square kilometres, was settled in The Nunavut government was created in April The Nunavik land claim was settled in but with no selfgovernment arrangement. The Nunavik area covers , square kilometres, which is one-third of the province. The Inuvialuit land claim was signed in and covers 90, square kilometres in the Northwest Territories.
They, too, continue negotiations for self-government arrangements. Over applications were received and public consultations were held in the Inuit communities to receive feedback and reactions from the Inuit and to open up discussions on the land tenure applications. In early , Nunatsiavuts President Jim Lyall reacted to the federal budget.
He complained that social housing programs aimed at Inuit completely ignored the housing crisis and infrastructure needs of Labrador Inuit because the allocation for Inuit housing was directed only at those living above the 60th parallel north. It also did not take into consideration the need for improved airstrips and harbours to facilitate transportation in and outside of Labrador for the remotely located Inuit communities.
The Nunatsiavut government set aside funds to conduct a feasibility study into establishing a road that would link the Inuit communities to the Trans-Labrador Highway. This is why former Inuit residential school students must resort to legal action in Canadian courts to settle their cases. The critique expressed by President Jim Lyall was harsh: We have been told these institutions do not meet the criteria set out in the Settlement Agreement since Canada was not jointly or solely responsible for their operation and the care of the children who resided in them.
We find this hard to accept since the federal government provided the funds to operate these facilities. We are appalled the Government of Canada would try to minimize its involvement in this sad chapter of our history. The plaque includes the apology from the province of Newfoundland and Labrador to the Inuit.
Nunavut The Nunavut legislature passed two important language laws in Throughout the north, the Inuit population is booming and the costs of construction have resulted in a housing crisis. The phenomenon of hidden homelessness appears in the cold season when people go from home to home, staying here and there, having no place of their own. In , Nunavut received a million dollar budget to build new housing in its 25 Inuit communities but this is far from enough to fill the housing need.
Seal hunting was a major issue during the year as Inuit leaders such as Premier Eva Aariak continued to fight the European Unions ban on seal hunting. Inuit hunters say that even though the ban makes an exception for the Inuit seal hunt, there are misconceptions about sustainable seal harvesting, and the economic impact on Inuit is negative.
Scientists, whose past estimates have been at odds with those of the Inuit, also finally confirmed that the population of bowhead whale was healthy. On the. Nunavik Nunavik continues to negotiate for self-government arrangements, negotiations that began in The year is now set as the expected date for the creation of the Nunavik Regional Government and the negotiators discussions in led to a draft final agreement.
Another problem is the continued crisis in youth protection services, which is partly related to the problems of attracting and keeping social workers in the region. In , Quebec promised to improve the housing situation for staff and to encourage more social workers to take on responsibilities.
In an older case, there was an inquiry into the claims of Inuit of Nunavik that a systematic slaughter of Inuit sled dogs by police officers and government authorities had occurred in the s and s. The Inuit are asking for an apology and compensation from the federal and provincial governments.
The judges interim report concluded that there was no systematic slaughter of dogs but he did blame the federal and provincial governments for misusing an agricultural law to justify the killing of sled dogs and then leaving Inuit to deal with the loss of their means of transportation.
For their part the Inuit of Nunavut, who went through the same experience, established the Qikiqtani Truth Comission in to investigate the event. On a positive note, a bowhead whale hunt occurred for the second time in the history of Nunavik. All of the communities of Nunavik received a share of bowhead whale meat.
The creation of the Kuururjuaq provincial park near Kangirsualujjuaq also promises to open up the region to eco-tourism. In they reached an agreement in principle, which will hopefully be finalized in This will ensure autonomy of decision-making regarding policies, the making of laws and the delivery of government programs and services.
Basically, the report makes recommendations for mitigating any environmental and social impacts during the development of the gas pipeline project in the Mackenzie Valley and Beaufort Delta regions. Notes and references 1 2 3 4 Personal communication with Bert Pomeroy, Communications Director, Nunatsiavut government.
Nunatsiavut government, Press Release May 8, Nunavik Negotiators Newsletter, Interim Report: Allegations Concerning the Slaughter of Sled Dogs. Submitted to Makivik Corporation and Government of Quebec. Inuvialuit Regional Corporation, Foundation for a Sustainable Northern Future: Her early experience includes freelance translation and interpretation and media work in Inuktitut.
She is a founding member of the Saturviit Inuit Womens Association of Nunavik incorporated in and actively promotes e quality between men and women in Inuit society. The Constitution Act, of Canada recognizes three groups of Aboriginal peoples: Indians, Inuit and Mtis. According to the census, Aboriginal peoples in Canada total 1,,, 3.
The Mtis constitute a distinct Aboriginal nation, numbering , in , many of whom live in urban centres, mostly in western Canada. The Mtis people emerged out of the relations of Indian women and European men prior to Canadas crystallization as a nation. Approximately three-quarters of the participating states raised concerns relating to indigenous peoples in Canada.
Particular importance was paid to the issue of violence against indigenous women. Many indigenous organizations and NGOs submitted reports highlighting Canadas record with regard to indigenous peoples in advance of Canadas review, and continue to engage with each other on the ongoing work of the UPR.
The Canadian Standing Senate Committee on Human Rights examined Canadas engagement with the UPR, including hearing testimony from indigenous peoples representatives and solidarity organizations. The government continues its lack of commitment to engagement with civil society and indigenous peoples with regard to the Universal Periodic Review process. Educational initiatives, legal precedents, awareness raising and formal endorsements from all sectors of society are ongoing.
In this regard, he added: As Premier of Ontario, I believe the declaration reinforces our commitment to engaging in meaningful and constructive dialogue on the future of Canadas Aboriginal peoples. The letter was signed by more than public personalities, indigenous and human rights organizations and trade unions in Qubec.
Climate Change Canada was highly criticized both leading up to and at the UN Climate Change Conference in Copenhagen, mainly because of government policies that are not seriously tackling the challenges posed by climate change. Canadas positions appear driven by economic factors relating to the Alberta tar oil sands.
Climate change is something Mr. Harper has been forced to tackle with the greatest reluctance. He was long a skeptic about the science, and he has always feared the economic fallout of serious action. The ongoing weak standards proposed by Canada are in opposition to the growing international recognition of the need for real action.
As described by the United Nations Secretary-General, Climate change, more than any other challenge facing the world today, is a planetary crisis that will require strong, focused global action. Many national laws, Aboriginal treaties, and international agreements exist that should be seriously impacting tar sands development.
The indigenous peoples in Canada and globally are thus particularly affected by Canadas substandard actions on climate change. The underfunding of Aboriginal child services has been clearly documented, including in a joint study with the Department of Indian Affairs. A critical factor is the failure of the federal government to provide adequate funds for the delivery of early intervention and other preventive programs that are generally available to non-indigenous families.
The Tribunal was requested to determine whether or not discrimination occurred, pursuant to the Canadian Human Rights Act. The government of Canada has repeatedly tried to stop this investigation, even as their own reports have shown under-funding to be a critical problem. In , in an attempt to cancel the Tribunal, Canada argued before the federal court that, although the delivery of services was covered by the Human Rights Act, the funding for such services was not.
The federal court ruled that the Tribunal should proceed. The federal government has made the same argument before the Tribunal in an attempt to prevent the evidence from being heard. Just as hearings on the merits of the case were scheduled for November 16, , the sitting tribunal member was abruptly replaced by the new tribunal chair, who was appointed by the government, and the hearings postponed for reasons that are still not clearly understood.
Meanwhile, the federal government has launched a motion to dismiss the tribunal on the same grounds that it lost on in the federal court. This motion is expected to be heard in April and has the effect of further delaying a hearing on the merits of the case. As the Caring Society states: Unnecessary procedural delays are harmful to First Nations children and it is in the joint interests of Canadians and First Nations to determine if discrimination is occurring against thousands of vulnerable children and their families.
Violence against indigenous women The federal government faced growing calls for a comprehensive and coordinated national action plan to address the high levels of violence against indigenous women. Calls for a national action plan were made by other states as well as indigenous peoples organizations and NGOs at the UN Human Rights Councils Universal Periodic Review of Canada, at a meeting of federal province and territorial government ministers and in public vigils held across the country.
In , the Native Womens Association of Canada issued a report into the hundreds of missing and murdered indigenous women12 and Amnesty International Canada released a five-year follow-up to its report entitled Sto-. The positive measures taken in a number of communities and jurisdictions across the country highlight the shocking failure of the federal government to ensure an effective national response.
The judgment found sections of the Indian Act to be discriminatory and unconstitutional. The ruling declared that section 6 of the Indian Act is of no force and effect as it infringes the equality rights guaranteed by section 15 of the Charter. The federal government has 12 months in which to comply with the ruling, with proposed amendments.
Status can be akin to citizenship, although no longer synonymous with band membership. Since the s, Canadian law has defined status Indian on the basis of a patriarchal definition. Indian women were permitted to have status but could largely not transmit their status. In , the law was changed with Bill C However, McIvor has successfully argued that the modern solution still discriminates against women.
Aboriginal womens organizations are concerned, however, that the government is not properly consulting with communities about how changes should be reflected before the month deadline Sharon McIvor sought leave to appeal the ruling to the Supreme Court of Canada but her request was denied.
Her concern arises from the Court of Appeals more narrow characterization of the discrimination, and her sense that the Court of Appeal decision does not provide a sound basis for legislative reform. Her position is that the only way to be sure that sex discrimination is finally eliminated is to treat descendants of status Indian wom-.
Justice Garson found that these rights stem from ancestral practices, which translate into broader modern entitlements to fish and to sell fish, beyond the small-scale sale of fish in commercial markets, however, limited. She declined to rule on Canadas justification defense and chose not to make any declaration of unjustified infringement.
She granted two years to consult and negotiate a regulatory regime for Nuu-chah-nulth that recognizes their aboriginal rights - without jeopardizing Canadas legislative objectives and societal interests in regulating the fishery. Ipperwash Park returned to Chippewas of Kettle and Stony Point In response to one of the recommendations that came from the public inquiry into the police killing of Dudley George, the Ontario government signed an agreement to return the land of Ipperwash Provincial Park to the Kettle and Stony Point First Nation.
The park was occupied by unarmed protestors in , when a police sniper shot and killed Dudley George. In the week following the land transfer agreement, Dudleys brother Sam George died of cancer. Sam was instrumental in making the public inquiry happen into the truth about his brothers death.
The Hulquminum contend that their human rights to property and culture were violated by the privatization of their traditional territory roughly , hectares of land on the east coast of Vancouver Island that was taken in the s and converted to private property. In accepting the case, the Inter-American Commission on Human Rights found Canadian courts do not seem to provide any reasonable expectations of success, because Canadian jurisprudence has not obligated the state to set boundaries, demarcate and record title deeds to lands of indigenous peoples.
The petition asked the Commission whether the B. Akwesasne In a unilateral decision, the federal government announced that all border guards would be armed with guns. In the Mohawk community of Akwesasne, this created a crisis. The border runs through Cornwall Island, which is part of Akwesasne. This is a community with territory in both Canada and the US and is connected by bridges.
The Mohawk people strongly opposed the notion that border guards in a residential area would be armed. The government then shut down the Three Nations Bridge Crossing in response to the Mohawk position of not agreeing to border staff having guns. The Mohawks have continued to try to negotiate with Canadian Border Services but there is very little dialogue. The border was closed to all traffic for several weeks, causing hardship to both Mohawks and Canadian and American citizens on both sides of the border.
The lack of ability to cross this imposed border has placed great stress on the community. The situation continues to fester. Anyone not obeying this order will have their vehicle confiscated and be fined the next time they enter Canada. Mohawks believe this is a violation of their right to free access to their home and property. It got off to a slow start; however, in July three new commissioners were announced.
The Commission will document the truth of what happened by relying on records held by those who operated and funded the schools, testimony from officials of the institutions that operated the schools, and experiences reported by survivors, their families, communities and anyone personally affected by the residential school experience and its subsequent impacts.
The fly-in community, kilometres north of Thunder Bay, also known as KI,. KI chief Donny Morris and five other community members were sentenced to six months in jail last year for civil contempt of court after disobeying a court order to allow Platinex to explore on their territory. The Ontario Minister of Northern Development, Mines and Forestry, said that the government had responded to the communitys concerns by withdrawing lands at Big Trout Lake from mineral exploration.
Donny Morris has said he went to jail because his community wanted the government to adhere to numerous Supreme Court of Canada decisions affirming the duty to consult over development on Aboriginal lands. The Ontario government has now also reformed the provinces mining laws.
The amended law now includes consultation requirements but does not clarify the specific procedures to be followed by government and industry. The amendments also fail to require free, prior and informed consent. In the Haida Nation case, Canadas highest court has ruled that the nature and scope of the Crowns duty to consult would require the full consent of [the] aboriginal na tion on very serious issues.
Notes and references 1 2 Statistics Canada. Aboriginal Peoples of Canada: Released 29 January It defines who is an Indian and regulates band membership and government, taxation, lands and resources, money management, wills and estates, and education. Hurley, Mary C. The Indian Act.
Canada, UN Doc. See, e. This report and the accompanying release can be found at http: Jeffrey Simpson, Canada and climate change: Nothing gets done, fingers get pointed, Globe and Mail 2 October McMullen and Jason Jabbour eds. Human Rights Council. Amnesty International Canada. Critical Human Right Tribunal hearings begin today.
September 14, I am a Witness. December 31, http: Native Womens Association of Canada. Voices of Our Sisters In Spirit: A Report to Families and Communities, 2d ed. No More Stolen Sisters: October 6, http: QNW is concerned by the lack of consultation of Aboriginal peoples from the government on the McIvor case.
At http: British Columbia Minister of Forests ,  3 S. Her work focuses on international and domestic strategies relating to indigenous peoples human rights. In this context, she has worked closely with indigenous and state representatives as well as human rights organizations in various regions of the world. There are currently around federally recognized tribes in the United States minus Alaska.
American Indian nations are theoretically sovereign but limited by individual treaties and federal Indian law, which is in flux and often dependent on individual U. Supreme Court decisions. Tribal governments sovereignty is also limited by plenary power of the U. Congress, which can unilaterally change historical treaty articles.
Separate federal agencies, such as the Bureau of Indian Affairs and the Indian Health Service, are responsible for the federal governments trust responsibilities to Indian tribes. Some of the lands that are the property of American Indians are held in trust by the government; the government holds the title to the land, and is supposed to manage or at least extend oversight over the lands use on behalf of individuals or tribes.
The government also has treaty obligations, stemming from historical land sales by Indian nations to the federal government. More than half of American Indians live off-reservation, many in large cities. While there are widespread differences between indigenous nations, as a whole, American Indians have a lower life expectancy and higher poverty rates than the average U.
In , Some of the main challenges they face are related to trust lands and sovereignty, unemployment, housing shortages, health problems and youth suicides. Many Native peoples voted for Barack Obama in in the hope that an Obama administration would bring a new approach to federal-tribal relationships.
The ongoing wars in Iraq and Afghanistan, as well as the economic recession, have forced the new administration to continue a policy of budget cuts to the Bureau of Indian Affairs BIA and other agencies created to serve American Indian peoples. While this has, to a certain extent, been corrected by federal economic stimulus monies earmarked for use by indigenous nations, state budget cuts at the same time have contributed to a worsening economic situation for many tribes.
This is also true for those tribes who have built successful gaming enterprises, as casino revenues have been falling. In several cases, the new policy makers have not shown that they want to embark on a new relationship. In May, the Obama administration filed a brief in the continuing Arizona Snowball case see The Indigenous World , opposing the case from coming before the Supreme Court.
This means that the administration is satisfied with the District Court judgment that allowed wastewater-based artificial snow to be used on a peak in the San Francisco mountains, sacred to many of the areas tribes. The court denied the petition to be heard in June. In February, the new administration also decided to appeal a court decision which ruled that Indian preference - a preference for hiring qualified Native people in positions that deal with the administration of Indian issues - should include all Indian programs.
In November, on the other hand, President Obama sent out a memo reinforcing a directive to all federal agencies that they have to consult with tribes before developing federal policies that might impact on Native people. As in other policies, one could perhaps say that the president is willing to listen to Native people - and he has placed several in high-level positions in the.
Cobell Settlement After a federal judge had provided a judgment on the Cobell lawsuit against the federal government see The Indigenous World , the Obama administration reached a settlement agreement in the case. The lawsuit, stemming from the mismanagement of more than , Individual Indian Money trust accounts by the federal government over years, is 13 years old and has seen a history of government interference, including the changing of a judge who seemed too sympathetic to the Native claimants.
We also face the uncomfortable, but unavoidable fact that a large number of individual Indian trust beneficiaries are among the most vulnerable people in this country, existing in the direst of poverty. This settlement can begin to provide hope and a much needed measure of justice. In return, claimants will not press the government for an historically accurate accounting of these funds.
Fractionation has been a serious problem for reservation residents and governments. As the government holds Indian lands in trust, the titles to these lands are usually not split; every heir to a specific parcel of trust land owns a fraction of the one title, and nobody can do anything with the land unless all other co-owners agree. There are parcels of land that are co-owned by more than people; it is impossible to get all of them to agree, not to speak of the problem of record keeping by the BIA, which has been so bad that it is often unclear whether people who appear on records as owners are still alive or not, or where they live.
The Land Consolidation Program funded by the settlement will buy fractionated interests in land from their individual owners and restore these lands to tribal governments as tribal trust lands. The settlement still needs the approval of Congress and the courts. It also needs to convince its critics.
Given the federal governments track record, many people are skeptical of the agreement. The monies for land consolidation, for example, need to be spent within ten years; all funds not expended within this timeframe will revert back to the Treasury. In addition, many observers are upset by the.
Trust Lands The second development in the trust relationship came with the Supreme Court ruling in Carcieri v. Salazar in February. The case directly affected the Narragansett Tribe of Rhode Island but potentially has wider consequences. The Narragansett gained 1, acres of tribal lands from Rhode Island in a settlement but placed this land under state law and jurisdiction.
After being granted federal recognition in , they succeeded in placing the land in trust status with the BIA. In , the tribe bought an additional 31 acres of land. The housing development they wanted to build on this land did not correspond with local regulations. They appealed to the BIA to take the land into trust.
The possibility of taking land into trust is established by the Indian Reorganization Act IRA , which defines as Indian all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, , residing within the present boundaries of any Indian reservation as well as all other persons of one-half or more Indian blood.
While this ruling cannot reverse any past land-into-trust decisions, it shows once again that the Supreme Court is ready to limit indigenous rights by applying an extremely narrow judicial formalism to American Indian cases. Congress still has to vote on this bill, however, which has been heavily opposed by anti-Indian gaming forces.
Indian casinos can only be built on trust lands, and some interest groups have been trying to prevent the BIA from taking land into trust, especially off-reservation, for a long time. Health care With health care reform a prime objective of the new administration, the Indian Health Service IHS , which is the federal agency that is theoretically obliged by law to provide health services to American Indians, came into the national spotlight this year.
South Dakota Governor Rounds and other Republicans opposed to health care reform, and particularly to an increased role for the government in health care, used the IHS to argue against what they call socialist medicine. The attacks on the IHS became so virulent that tribes started to defend the agency. The IHS has been severely underfunded for many years, in part because of the same lawmakers who this year called it a disaster.
The low-intensity warfare and counter-insurgency campaign led by the Mexican government against various indigenous communities since the Zapatista uprising therefore remains in force. I am a Witness. A heavy, and by all standards unfair charge, considering the scale of emissions from small-scale farming compared to commercial logging, soy bean plantations etc. All economic resources are transferred from the Norwegian Government. Christina Allard et al.
KI chief Donny Morris and five other community members were sentenced to six months in jail last year for civil contempt of court after disobeying a court order to allow Platinex to explore on their territory. The Mohawks have continued to try to negotiate with Canadian Border Services but there is very little dialogue. If the deal is approved by Congress, the resulting copper mine will be the largest in North America. Retro Video Tube