National Chief Welcomes Canada’s Endorsement of UN Declaration on the Rights of Indigenous Peoples: Respect, Partnership and Reconciliation will Guide Work to Improve the situation of First Nation Peoples and Build a Stronger Canada

November 17th, 2010

OTTAWA, Nov. 12 /CNW/ – Assembly of First Nations National Chief Shawn A-in-chut Atleo stated that Canada’s endorsement of the United Nations Declaration on the Rights of Indigenous Peoples is a positive development that sets the stage for a new approach to building stronger First Nations and a stronger Canada.

“Today marks an important shift in our relationship and now the real work begins,” National Chief Atleo said. “Now is our time to work together towards a new era of fairness and justice for First Nations and a stronger Canada for all Canadians, guided by the Declaration’s core principles of respect, partnership and reconciliation.  First Nations have worked long and hard to set out constructive and effective approaches and to abandon the colonial relationship embodied in the Indian Act that has held back our people and this country. We are ready to move now – today – on our key priorities including education.”

The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the UN General Assembly on September 13, 2007. Canada committed to endorsing the UN Declaration in the 2010 Speech from the Throne.  The UNDRIP has the distinction of being the only Declaration within the United Nations which was drafted with the rights-holders, themselves, the Indigenous Peoples of the world.

“Today is important, not as the culmination of our efforts, but as the beginning of a new approach and a new agenda,” the National Chief stated. “Canada’s apology for the residential schools in 2008 was a critical moment to acknowledge the pain of the past. Endorsing the Declaration is the opportunity to look forward and re-set the relationship between First Nations and the Crown so it is consistent with the Treaties and other agreements with First Nations upon which this country was founded.  In endorsing the UN Declaration, Canada is committing to work with us as a true partner to achieve reconciliation as instructed by the courts in Canada.

I congratulate Canada in taking another step towards the promotion and protection of human and fundamental freedoms for all.”

The Assembly of First Nations is the national organization representing First Nations in Canada.

Backgrounder:

Canada endorses the United Nations Declaration on the Rights of Indigenous Peoples


“The Declaration is a visionary step towards addressing the human rights of indigenous peoples” proclaimed United Nations Secretary-General Ban Ki-moon. “[I]t provides a momentous opportunity for States and indigenous peoples to … promote reconciliation and ensure that the past is not repeated.”

What does this mean for First Nations?


Canadian First Nation leaders have been directly involved in the development and negotiation of the UN Declaration (UNDRIP) for over twenty years.  In 2007, the UNDRIP passed at the United Nations. Canada was one of only four countries along with Australia, New Zealand and the United States to vote in opposition to the UNDRIP.

First Nation leaders advocated strongly for the UNDRIP as a framework for advancing First Nations rights, dignity, survival, security and well-being.  Assembly of First Nations’ resolution No. 37/2007 called on the Government of Canada to endorse the UN Declaration without delay.

Now three years later, Canada, today, has endorsed the Declaration.  While this in itself doesn’t address our urgent needs, it does say that Canada is listening and that Canada is willing to work with us to achieve the standards set out in the UNDRIP. Furthermore, the UNDRIP will inform and guide the discussion regarding the meaning and implementation of treaty and aboriginal rights as guaranteed in the Constitution Act, 1982.

We do take exception to the statement that the UNDRIP does not reflect customary international law. However, with the endorsement, we can now move forward to address the full range of issues.  From our preliminary assessment, Canada’s statement is consistent with both Australia and New Zealand’s statement of endorsement.  The United States has yet to endorse the Declaration however President Obama has engaged Tribal governments in broad nation-to-nation talks.

We have much important work to do. With the UNDRIP as a guide, we can re-set our relationship with Canada aligned with our original relationship and rights enshrined in Treaty.

The AFN and National Chief will work immediately to seek commitment from Canada to move forward on priority issues as mandated by the Chiefs in Assembly including education. In addition, we will call on Canada to convene a First Nations-Crown Gathering as a key step forward in affirming our nation-to-nation relationships.

LINK: http://www.newswire.ca/en/releases/archive/November2010/12/c3861.html


For more information please contact Karen Campbell at kcampbell@afn.ca or

613-241-6789, ext 263.

For further information:Jenna Young, Communications Officer, Assembly of First Nations 613-241-6789, ext 401, 613-314-8175 (mobile), or jyoung@afn.ca.

Alain Garon, Bilingual Communications Officer, Assembly of First Nations 613-241-6789, ext 382 or agaron@afn.ca

Safe Drinking Water for First Nations Bill, Second Reading—Debate Continued

November 17th, 2010

Wednesday, October 20, 2010

On the Order: Resuming debate on the motion of the Honourable Senator Brazeau, seconded by the Honourable Senator Lang, for the second reading of Bill S-11, An Act respecting the safety of drinking water on first nation lands.

Hon. Charlie Watt: [Senator Watt spoke in Inuktitut.]

Honourable senators, I thank the government for making clean drinking water for First Nations a priority. We all agree that the right to clean drinking water is important to all Canadians, and we want legislation that addresses this issue.

My concern with Bill S-11 is the impact of clause 4(1)(r) on the rights of Aboriginal peoples in this country. In particular, regulations under this act would abrogate or derogate from our constitutionally protected rights under section 35 of the Charter.

It is my role as an Aboriginal senator to bring these elements to the attention of honourable senators as we study this bill.

The special trust relationship and the responsibility of the government to Aboriginal peoples must be our first consideration in determining whether the legislation can be justified. We must ensure that fair resources are available and that the Aboriginal nations in question are properly consulted at the earliest stage.

This issue of trust is a delicate matter. At the tip of the iceberg, Aboriginal leaders are wondering why this legislation is being introduced. It appears to be about water quality but the wording of it has many in the Aboriginal community questioning whether there is more to this legislation than meets the eye.

Aboriginal leaders have asked me about the justification for this bill. We are concerned by the wording of this particular bill because it takes a position that is very different from the recommendations made by the Standing Senate Committee on Legal and Constitutional Affairs in their 2007 report titled: Taking Section 35 Rights Seriously: Non-derogation Clauses relating to Aboriginal and treaty rights.

In this report we are reminded of the scope of section 35 rights, as we are from the Sparrow decision at the Supreme Court of Canada. This report is an excellent overview of the responsibility of the Crown.

I am also concerned because this bill seems to contradict the recommendations in the 2007 report of the Standing Senate Committee on Aboriginal Peoples on the subject of safe drinking water in First Nations communities. In this report on the issue of resource allocation, Dr. Harry Swain, Chair of the Expert Panel of Safe Drinking Water for First Nations, said his personal conclusion is that if we want to see the completion of what has been a fairly considerable national effort to get good water on Indian reserves, then we should worry about the basic resources first and about a regulatory regime later.

On the point of consultation, the Supreme Court of Canada has elaborated on the legal requirement for this study to consult. As we consider Bill S-11, it seems that clause 4(1)(r) suggests that the Crown contemplated that the forthcoming regulations might have a negative or adverse affect on Aboriginal rights or titles protected under section 35.

Honourable senators, I am troubled by the precedent we are setting. The way I see it, the government is venturing into provincial jurisdiction and outside of parliamentary scrutiny with this bill. On the issue of section 35 rights, I again refer honourable senators back to the Standing Senate Committee on Legal and Constitutional Affairs report, which says:

This approach appears to establish a precedent for dealing with non-derogation of Aboriginal and treaty rights as a regulatory matter rather than addressing the issue explicitly in legislation, with obvious implications for Parliamentary scrutiny.

On this note, I would like to state for the record that I have met with Assembly of First Nations representatives and received written correspondence from those who are alarmed by the actions of this government actions which seem to be forcing them into a serious agreement with a yet-unknown third party without adequate consultation.

I remind those who are new to this chamber that Aboriginal peoples have struggled for generations to achieve legitimacy at the negotiating table. We take the issue of consultation and respect seriously.

Although I do not often speak of this, honourable senators, Aboriginal leaders carry a tremendous burden; their communities and their families have paid dearly for our involvement in political life. My involvement in the repatriation of the Constitution is one of the highlights of my career; the James Bay and Northern Quebec Agreement is the other. In both of these proceedings I was honoured to negotiate on behalf of my people, but I did so at great personal expense.

Honourable senators, although those issues may seem old news to some, the embers of those political battles still burn in the hearts of those who negotiated with the government. Some of us have lived through the bitter and violent days of negotiations. We made advancements for our people, at a cost.

Although we have achieved much, it appears that Aboriginal people still have less respect from the government and we still do not enjoy the same equality provided to other Canadians. The fact that this bill contemplates abrogating Aboriginal rights through regulation that will not be scrutinized by Parliament is an embarrassment to Canadians and it is offensive to Native leaders. Once again it seems that government is trying to out-muscle us in a publicly humiliating way.

Honourable senators, as I conclude my remarks, I would suggest that we have many potential problems with the bill in its current form. We are not working from a position of trust, we have not heard any solid justification for this bill in any of the government’s own reports, there is no provision for the resources in this bill and the consultations with the First Nations were weak. I repeat, they were weak.

Honourable senators, it is our duty to ensure that Aboriginal and treaty rights are protected. We must insist on the cooperative framework between the Government of Canada and First Nations because that is the Constitution we live with today. (On motion of Senator Mitchell, debate adjourned.)

LINK: http://www.parl.gc.ca/40/3/parlbus/chambus/senate/DEB-E/057db_2010-10-20-e.htm?Language=E&Parl=40&Ses=3#36

Turtle Island Water Walk 2011

September 20th, 2010

Received this information from Nokomis Josephine Mandamin, Mother Earth Water Walker this morning. More information will come… stay tuned. :)

From:            Josephine Mandamin

Date: September 19, 2010

Subject: Water walk 2011 – Turtle Island

Nibi Onji, nibi onjih….that’s what it’s all about.  Raising a collective consciousness to the general population will be the challenge. Youth will be called upon to take on this challenge. While carrying the pail of ocean water, great sacrifices will be made by Walkers.  That information of the walk will be shared along the way as: ‘Walking the Talk’, to as many people as can be reached.

The Spirit of the Water must be forever in the minds of the Walkers because the challenge will be great and cautious about not being overwhelmed by the task. Guides/Leaders will be called upon to form a Waterwalk Family with the Walkers.   Media/Communications people will also have to be identified for each group. Sponsorship identifications will have to be the responsibility of each group. Funding will have to be the groups’ responsibility.

Equipment such as cell phones, camera, radio phones, blackberry(s), and vehicles will have to be rented for the period of two months or so.  The timing has to be closely synchronized so as to complete the Waterwalk at the same time at the destination.

The importance of information we want to convey is paramount. This information about pending global awakening and peace to the living and to the future is the message. We cannot dwell on the negative. We must, at all times, speak of hope and bring about the message of caring for our environment.  The water songs have to be sung continually and tobacco offered at each water siting.

We have heard many ideas so far. These ideas can be developed in a proposal in the community who is identified as the Main Carriers of the Water.  A map has gone out to all contacts and a message also about a central contact list has been asked for by Rainey Gaywish.

It is hoped that the Waterwalk will begin at Easter Break 2011. Someone will chart out the miles and gauge the time it will take to complete the Walk.

More later…Me i ewe, nin beedawsigay

“Ni guh Izhi chigay  Nibi onji” -  Keep saying this! Meaning: “I will do it for the water”.

Support Fish Lake!

September 17th, 2010

Sign the Petition:

http://www.afn.ca/support/fish_lake.html

Please watch this short video: Mabel Solomon – Xeni Gwit’in Elder on protecting Fish Lake


For further explanation, please read this article:

“You might not think the fate of a single lake on the other side of the country has much to do with you, but a federal decision on whether to turn Fish Lake in Northern B.C. into a toxic dump for mining companies could have far-reaching effects on our water policy…”

Read the full article at: http://www.ottawaxpress.ca/news/communitygarden.aspx?iIDArticle=20466

Visit: www.teztanbiny.ca

PLEASE SIGN THE PETITION TONIGHT! The federal gov’t is giving their decision tomorrow.

Please forward to all your contacts. Protection of the water is all our responsibility.

Let’s stand with Mabel Solomon and her community!

For the water!

Abuela Grillo

September 1st, 2010

This is a fantastic animation about water!

Posted on Vimeo:

“Corto animado producido en The Animation Workshop en Viborg, Dinamarca, por The Animation Workshop, Nicobis, Escorzo, y la Comunidad de Animadores Bolivianos, el cual tiene el apoyo del Gobierno de Dinamarca.
Animado por 8 animadores bolivianos, dirigido por un francès, musica por la ambasadora de bolivia en Francia, composida por un otro francès, un proyecto danès, ajuda de produccion por un mexicano y una allemana. Adaptado de un mito ayoreo.”

“Animated short-film produced in The Animation Workshop in Viborg, Denmark. By the Animation Workshop, Nicobis, Escorzo, and the Community of Bolivians Animators and is supported by the Danish Government. Animated by 8 bolivians animators, directed by a french, music by the bolivian embessador in France, composed by another french, a danish project, hepled for the production by a mexican and german. Adaptaded from mito ayoreo”


UN Resolution States Clean Water and Sanitation a Human Right: AFN National Chief Calls for Action to Advance Resolution in Canada

July 30th, 2010

AFN Press Release

OTTAWA, July 29 /CNW Telbec/ – The Assembly of First Nations welcomes the United Nations General Assembly resolution declaring clean water and sanitation to be a human right. More than 124 Nations voted yesterday for the resolution brought forward by the country of Bolivia. 884 million people around the world still suffer from a lack of access to drinking water.

“This is welcome news for First Nations people and communities who are struggling to access safe drinking water and sanitation,” said National Chief Shawn A-in-chut Atleo. “This resolution establishes new international standards and, in affirming that clean water and sanitation are a basic human right, compels Canada to work with First Nations to ensure our people enjoy the same quality of water and sanitation as the rest of Canada.”

As of June 2010, 114 First Nations communities across the country were under Drinking Water Advisories and 49 First Nations water systems were classified as “high risk”. Some of these communities have been under a Drinking Water Advisory for 10 years or longer.

“The situation facing First Nations would not be tolerated in any other community or city in Canada,” National Chief Atleo stated. “It is shameful that these conditions are allowed to fester in a country as rich as Canada. This is about nothing less than the health and safety of First Nations children. It is time to act to address longstanding inequity in infrastructure and training to enhance and support safe drinking water systems. The current approach of Canada to focus on regulation will not address these inequities and this is why we are calling for a joint effort to address underlying problems as the real solution.”

Canada was one of 41 nations who abstained from the vote on this resolution. The Assembly of First Nations calls on Canada, as a member of the United Nations, to respect the resolution and engage in real action with First Nations to make sure efforts and resources are in place to honour the right to safe drinking water and sanitation. A resolution passed at the AFN’s recent Annual General Assembly in Winnipeg, Manitoba called for advocacy and action to affirm First Nations rights and interests with respect to First Nations water.

AFN Regional Chief for Nova Scotia-Newfoundland Rick Simon stated: “Canada has committed to endorsing the United Nations Declaration on the Rights of Indigenous People and the UN resolution passed yesterday is consistent with principles in the Declaration that states Indigenous peoples have an equal right to the enjoyment of the highest attainable standard of physical and mental health. The AFN has put forward many plans and initiatives on this issue and we look forward to working with Canada to honour and implement this resolution.”

The United Nations resolution calls on “States and international organizations to provide financial resources, build capacity and transfer technology, particularly to developing countries, in scaling up efforts to provide safe, clean, accessible and affordable drinking water and sanitation for all.”

The Assembly of First Nations is the national organization representing First Nations citizens in Canada.

For further information: Alain Garon, Bilingual Communications Officer, Assembly of First Nations, 613-241-6789 ext. 382, cell: 613-292-0857 or agaron@afn.ca; Don Kelly, A/Director of Communications, Assembly of First Nations, 613-241-6789 ext. 334, cell 613-292-2787 or dkelly@afn.ca

10-07-29 Press Release UN Water and Sanitation_English PDF

10-07-29 Press Release UN Water and Sanitation_French PDF

Council of Canadians celebrates UN General Assembly recognition of human right to water

July 29th, 2010

July 28, 2010

After over a decade of hard work, the global water justice movement achieved a major victory today as the United Nations General Assembly voted overwhelmingly in favour of recognizing water and sanitation as human rights. The resolution – put forward by Bolivia and co-sponsored by 35 states – passed overwhelmingly with 124 states voting in favour and 42 abstaining.

“It was a great honour to be present as the UN General Assembly took this historic step forward in the struggle for a just world,” says Maude Barlow, national chairperson of the Council of Canadians. “It is sad however, that Canada chose not to participate in this important moment in history.”

The organization is calling on states to build on this victory.

“This resolution has the overwhelming support of a strong majority of countries, despite a handful of  powerful opponents. It must now be followed-up with a renewed push for water justice,” says Anil Naidoo, Blue Planet Project organizer. “We are calling for actions on the ground in communities around the world to ensure that the rights to water and sanitation are implemented.

Governments, aid agencies and the UN must take their responsibilities seriously.”

As a result of this vote, the human right to water and sanitation is now explicitly and formally recognized at the UN.

“Canada’s abstention from the vote will not excuse it from the work that needs to be done to maintain and improve its public water and sanitation systems for all peoples living in Canada, including Indigenous communities who have lived for generations without adequate infrastructure,” says Meera Karunananthan, national water campaigner at the Council of Canadians.

http://canadians.org/media/water/2010/28-Jul-10.html

UN declares clean water and sanitation is a human right!

July 29th, 2010

28 July 2010 –Safe and clean drinking water and sanitation is a human right essential to the full enjoyment of life and all other human rights, the General Assembly declared today, voicing deep concern that almost 900 million people worldwide do not have access to clean water.

The 192-member Assembly also called on United Nations Member States and international organizations to offer funding, technology and other resources to help poorer countries scale up their efforts to provide clean, accessible and affordable drinking water and sanitation for everyone.

The Assembly resolution received 122 votes in favour and zero votes against, while 41 countries abstained from voting. (NOTE: CANADA ABSTAINED)

The text of the resolution expresses deep concern that an estimated 884 million people lack access to safe drinking water and a total of more than 2.6 billion people do not have access to basic sanitation. Studies also indicate about 1.5 million children under the age of five die each year and 443 million school days are lost because of water- and sanitation-related diseases.

Today’s resolution also welcomes the UN Human Rights Council’s request that Catarina de Albuquerque, the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, report annually to the General Assembly as well.

Ms. de Albuquerque’s report will focus on the principal challenges to achieving the right to safe and clean drinking water and sanitation, as well as on progress towards the relevant Millennium Development Goals (MDGs).

The MDGs, a series of targets for reducing social and economic ills, all by 2015, includes the goals of halving the proportion of people who cannot reach or afford safe drinking water and halving the number who do not have basic sanitation.

In a related development, Ms. de Albuquerque issued a statement today after wrapping up a nine-day official visit to Japan in which she praised the country for its nearly universal access to water and sanitation and for its use of innovative technologies to promote hygiene and treat wastewater.

But the Independent Expert said she was shocked that some members of the Utoro community near Kyoto, where Koreans have been living for several generations, still do not have access to water from the public network.

“People are also not connected to the sewage network, despite the fact that the surrounding area is largely covered by sewage service,” she said. “When floods occur, as happened one year ago, the lack of sewage and proper evacuation of grey water result in contamination of the environment, including with human faeces, posing serious health concerns.

“I am also worried that water and sanitation are extremely expensive for some people living in Utoro, who reportedly do not have a right to receive a pension.”

LINK to UN story

UN to decide on urgent need to declare water a human right, Canada continues to block efforts

July 21st, 2010

Council of Canadians, E-Newsletter, July 16, 2010

Before the end of July, the UN General Assembly is expected to decide on a draft resolution declaring the human right to “safe and clean drinking water and sanitation.” The resolution is being presented by the Bolivian government and has been endorsed by several other countries.

The Canadian government, however, has not supported the resolution and may even be lobbying other countries to weaken it. The Canadian government has a long history of blocking a UN resolution on the right to water, even though it is urgently needed to stop water privatization and to ensure governments provide access to clean drinking water for people within their borders.

For many years, the water justice movement, including the Council of Canadians’ Blue Planet Project, has been calling for UN leadership on this critical issue. “When the 1948 Universal Declaration on Human Rights was written, no one could foresee a day when water would be a contested area,” said Maude Barlow, National Chairperson of the Council of Canadians in a recent media release. “But in 2010, it is not an exaggeration to say that the lack of access to clean water is the greatest human rights violation in the world. Canadians need to be aware that the Harper government is one of the primary obstacles to the international recognition of the right to water.”

This resolution would recognize the right to water and sanitation for the 1.2 billion people without access to clean water and the 2.6 billion people without access to basic sanitation. Every eight seconds a child dies from preventable disease caused by drinking dirty water.

The Council of Canadians is calling on the Canadian government to support the resolution for the human right to safe and clean drinking water and sanitation and to stop all efforts to modify or weaken it.

To read our recent media release on this issue go here.

To read a recent opinion editorial printed in The Toronto Star “A human right Canada rejects: Access to clean water” go here.

To read more about Canada’s shameful position on the right to water at the UN and how to take action, go here.

LINK to this e-newsletter : http://www.canadians.org/publications/subscribe/enews/2010/July16.html

One Person Can Make A Difference

July 18th, 2010

This story was written by the Communications Dept. at Algoma University, and was published in the June 2010 issue of the Anishinabek News (page 22). “Each month the Anishinabek News is distributed compliments of the Union of Ontario Indians to citizens of the Anishinabek Nation.  It is also circulated to universities, colleges, friendship and health centres, First Nations across Canada, and by individual subscriptions both nationally and internationally.” You might see your name or group in the article. I wanted to mention you all by name, but we would have needed a bigger paper to fit you all in; cause there are a pile of you doing water work! Miigwech. Check it out!

One Person Can Make A Difference 1-pg PDFAnishinabek News June 2010

Anishinabek News, June 2010 24-pg PDF

Link to Anishinabek News: http://www.anishinabek.ca/anishinabek-news.asp