Showing posts with label UNDRIP. Show all posts
Showing posts with label UNDRIP. Show all posts

Saturday, 20 October 2012

Defending territory: Kitchenuhmaykoosib Inninuwug, the people of the Big Trout Lake


Their land and waters are sacred, with all the interconnected circles of life they sustain For thousands of years, KI First Nation have lived in Kitchenuhmaykoosib (Big Trout Lake), headwaters of the Fawn River, where fish and wildlife abound. Still unspoiled by mining or clear-cutting, traditional life on the land has remained possible. From the 18th century on, they traded with Christianized Cree and HBC's Fort York (modern Churchill, MB), 5 days downstream on the Fawn and Severn (and three times that going upstream) – a feat repeated by a youth team in August of this year. See their photo album and video.  
photo courtesy kilands.org

Crossing the big lake (18 mi wide, 36 mi long), running the many rapids and portaging requires great strength and skill. Deep grooves found in the armbone of an ancient ancestor, say archaeologists, are a sign of extremely strong arms from a lifetime of hard paddling.

Since Treaty 9 in 1905 the Ojibway-Cree of KI have struggled to defend their territory and treaty rights. It took 25 years for most first nations in the vast area to win adhesion to the treaty, although in 1910 the national government had already ceded the vast territories of “New Ontario” north of the Great Lakes to the province. Driven by gold and silver rushes and timber giveaways, it greatly enriched the Ontario government and its friends. KI, 600 miles north of Thunder Bay and still part of the Hudson Bay Company fur-trade empire, was not greatly affected. After 1950, however, national Indian Affairs provided health, welfare and residential schools at levels far inferior to those of the white population. KI has led in providing local police, air, radio and child welfare services, despite DIA underfunding. The impacts are show in a new film by Andrée Cazabon, Third World Canada, to be premiered this year.


Recent mining exploration in the James Bay lowlands ring of fire threatens the very foundation of KI's ancient way of life, the purity of the water, the integrity of land and forests, and wildlife. It is a story repeated all over the world as extractive industries push aside indigenous peoples in a wild race for scarce resources, driven wilder by financial speculation. The UN Declaration of the Rights of Indigenous Peoples (UNDRIP) requires “free prior and informed consent”, but is often ignored. In Ontario and many other jurisdictions, a 19th c. mining law allowed “free entry” – that is, subsoil claims could be made without the consent of the inhabitants of the land.

In 1999-2005, Platinex (full details here) raised millions from speculators to explore platinum deposits on KI territory. In 2006 they began drilling without KI consent. Community members held a non-violent protest, and the Chief and Council ordered them out of the area. The company then filed for an injunction to continue, asking $10 million damages. A Superior Court judge ruled in favour of KI First Nation, finding that it might suffer “irreparable harm due to its loss of culturally and spiritually significant land, and of its connection to the land,” but was overruled in 2007 by the Supreme Court. Chief Donny Morris said, “We are going to play ball... We are going to travel down the road (of negotiations). But our consultation process must be recognized and utilized”. Platinex refused, once again relying solely on court orders. Community members set up a another protest camp and led by the Chief, met Platinex workers at the local airstrip and turned them back.

For daring to interfere with the "sacred rights" of capital, in March 2008, the “KI six” (Chief Donny Morris, with councillors Jack McKay, Sam McKay, Darryl Sainnawap, Cecilia Begg and Bruce Sakakeep) were seized and jailed 68 days in Thunder Bay for contempt of court. Provincial police extinguished a sacred fire lit by native supporters, while in southern Ontario cities protests mounted against this attack on civil rights and indigenous religion, and the criminalization of native elders engaged in non-violent protest (CBC video 25 Mar 2008). Elders in several other places had been jailed under similar circumstances. The Ontario government was seriously embarrassed – by its outmoded Mining Law, by failures to ensure aboriginal consultation rights, by the abuse of justice -- and after a year of dithering bought out the Platinex claim for $5 million.

The issue did not end there. Too many other native communities were facing similar threats. Pressures also came from mining interests, some of which were prepared to engage in good faith consultations in order to gain access to rare metals, diamonds, and other riches in the “ring of fire”. In March 2012 the KI support committee held public meetings in Toronto and demonstrations at the Ontario prospectors' convention. The provincial government declared a mining moratorium in KI territory, to prevent a repeat of the Platinex imbroglio by God's Lake Resources. New Zealand invited KI Chief Donny Morris and his wife on a tour to speak about Platinex and the Government of Ontario, and “free mining”. Canadian mining companies were earning unwelcome international attention (see our previous post). In October 2012, Ontario updated its mining regulations to ensure community consultation – but opposition from the mining lobby and investors, other court cases, and the sudden resignation of the Premier, leave the final resolution in doubt. Will indigenous communities be allowed to consult on their own fate?



photos from kilands.org
The 2012 moratorium only covers half of our traditional territory, says KI watershed community worker Richard Anderson, leading a youth team down the Fawn and Severn Rivers. He has done the journey 11 times. “I’ve been on this trip with my kids... It’s really important that they get to see these routes that our ancestors went through just to survive, to take supplies up there and bring them back to KI.” This August they began a 350 km canoe journey along the ancient route, to visit historic portages, honour grave sites, and absorb traditional knowledge.  In Oji-Cree, every bend and every rapid in the river for hundreds of kilometers has a name. “The Elders have taught us that water is very important, and we should keep it that way... The trip is for awareness that we we are protecting our watersheds for future generations. It’s all we have up here, our land and our water,” he added. “It’s important that we keep it for future generations because they are the next ones that will be using the land.” He plans an even bigger canoe trip next year. Anyone may join.

The KI people have protected our entire home watershed through Indigenous Law,” says Chief Donny Morris. “Now we are calling on Ontario to respect our protection before this sacred landscape is poisoned by the diamond, gold, and metals mining companies who have set their sights on it.”

Friday, 19 August 2011

Grassy Narrows First Nation Wins Anti-Logging Court Case

(For the history of this case, see our previous post 7 Aug 2011). The Grassy Narrows First Nation (Asubpeeschoseewagong Netum Anishinabek) has just won its court case in Ontario, after 11 years. This is a landmark in the right to FPIC ("free prior and informed consent" in UNDRIP, which Canada has been doing its best to sabotage). The following news is cross-posted from the native network Indian Country Today.
photo: Schledewitz redlineagency.com, via Grassy Narrows First Nation
In a lengthy decision, Ontario Superior Court Justice Mary-Anne Sanderson ruled that the province of Ontario, which had authorized logging on the lands, had overstepped its bounds. Logging and mining rights, she explained, are established by treaty and therefore a federal and not provincial issue. In a triumphant press release, Chief Simon Fobister said that the decision ultimately “will require protecting the way of life of the Anishinaabe who were here before the logging industry came to these lands and will be here after the logging companies have moved on to other forests.”

An article in the Globe and Mail paraphrased the insights of Robert Janes, the lawyer for the Grassy Narrows First Nation, who said Justice Sanderson conceded that “the federal government promised to defend their rights, but hasn’t done so for many years.” Janes also said the ruling would have repercussions for numerous other cases in Canada.

Grassy Narrows activists have been actively and successfully blockading Slant Lake against logging trucks since December 2, 2002; an article from March of this year at Missisauga.com said the blockade is one of the longest-running in Canadian history, and that Amnesty International has taken up the Grassy Narrows cause with the provincial government.
***
See also:
-- video by Jennifer Preston of CFSC explaining her 20-year involvement in UNDRIP and FPIC, what they mean to Quakers and native peoples. This is the best analysis I know. It will soon be posted on the CFSC website with other key documents.
-- web archives of native groups' testimony at the 16th Protecting Mother Earth Gathering (July 2011); and of UN hearings on UNDRIP and FPIC
-- The Mining Mini-grants Program of Indigenous Environmental Network (IEN) and Western Mining Action Network (WMAN) to assure that mining projects do not adversely affect human, cultural, and ecological health of native communities in the U.S. and Canada.

Sunday, 7 August 2011

Clear cutting our way of life: native testimony from Grassy Narrows -- 
by Tim Nafziger with Peter Haresnape


CPT delegates at Grassy Narrows
This article originally appeared in Christian Peacemaker Teams' newsletter Signs of the Times (Apr-Jun 2011) along with many other stories of CPT work around the world.

(* = names below have been changed to protect the innocent.)

Grassy Narrows First Nation, Ontario: As a child, Fred* followed the trap line with his family in the winter.  Then the Royal Canadian Mounted Police took him away from his family and placed him in a residential school where staff beat him if he spoke his language.

Over 150,000 First Nations, Métis and Inuit children were placed in church-run residential schools.[6]  The first were established in the 1840s and the last one closed just 15 years ago in 1996.  Recorded mortality rates at these schools reached as high as 69% through a combination of poor nutrition, brutal discipline, disease, abuse and neglect.
Dryden pulp mill used mercury
Eventually, Fred was able to rejoin his family and return to his community’s traditional ways of hunting and fishing.  Then the Dryden Chemical Company dumped 9,000 kilos of mercury into the English River water system.  Consumption of mercury-contaminated fish over a sustained period causes permanent damage to the nervous system.  

Today Fred shows prominent signs of Minamata disease caused by severe mercury poisoning.  His symptoms include slurred speech, shaky hands and an unsteady walk. Many others in the community show symptoms as well, but only 38% receive any compensation.[1]

Jay* was walking home from school on the reserve one day when a driver pulled up and offered him a ride home.  But the car didn’t take him home.  It took him to a foster home.  It wasn’t until his mid-twenties that Jay finally got back home to Grassy Narrows.

Appalling as they are, these stories are neither isolated nor even unusual.  They point to the ongoing strategy of targeting children in a systemic process of destroying indigenous language, culture and identity.  As the residential school system began to decline, child welfare agencies increasingly relied on foster care as a means to this end.  In 1959, 1% of indigenous children were removed from their parents.  By the late 1960s, the rate was 30-40%.[2]  Today, indigenous children are three times more likely to be placed in state care than non-indigenous children.[3]

recent clearcut, from Amnesty report
Charles Wagamese of Grassy Narrows First Nation describes the foster care system as “clear-cutting” their way of life [4]  – undermining their culture through destroying intergenerational relationships just like intensive logging in the forest destroys whole ecosystems. [5]

Understanding the many layers of oppression that colonialism inflicts on communities like Grassy Narrows is a necessary part of standing in solidarity with them.  Learning this history is a first step in working to undo these oppressions.

Notes
[1] J. Rebick, "40 years later people at Grassy Narrows are still suffering mercury poisoning" Canadian Dimension blog 5 Jul 2010.
[2] E. Alston-O’Connor, "The Sixties Scoop", quoting Fournier and Crey, (1997) p. 83.
[3] "The Sixties Scoop: How Canada’s “Best Intentions” Proved Catastrophic", First Nations Drum (Mar 2009).
[4] Youtube video "The scars of mercury". See also en.wikipedia.org/wiki/Ontario_Minamata_disease
[5] Abitibi and Weyerhauser corporations have been clear-cutting the region's forests. See reports in No One is Illegal, freegrassy.org/; Amnesty International's open letter to Ontario premier (2008) and its report (2009) with photos of native teens blockading logging roads and the Trans-Canada highway.
[6] See http://en.wikipedia.org/wiki/Canadian_Indian_residential_school_system and
http://en.wikipedia.org/wiki/Truth_and_reconciliation_commission#Canada
 ***
(For the full story, read Trip reports of Christian Peacemaker Teams Kenora / Asubpeeschoseewagong (2009-2010) on the CPT website. After the 2010 road blockade, the province finally admitted "numerous concerns" and started land-use negotiations. The governments' game is endless delay. The province's negotiations drag on, while the government jails protesters and native elders. Ottawa for years delayed ratification of UNDRIP for "free, prior, and informed consent" with natives before issuing permits for mining etc, and has yet to take concrete action. Despite lip service, colonialist policies continue, with callous disregard for native rights. - Ed.)