Conf? u Topic 551 CANADA: Land is Key In Indigenous R newsdesk The Inter Press Service in English 2:43 PM Mar 13, 1996 Copyright 1996 InterPress Service, all rights reserved. Worldwide distribution via the APC networks. *** 10-Mar-96 *** Title: CANADA: Land is Key In Indigenous Rights Accords by Stephen Dale OTTAWA, Mar 10 (IPS) - Land is a central issue for any viable agreement between indigenous and non-indigenous peoples, say native groups from around the hemisphere as they discuss the first draft of an Organisation of American States (OAS) document. The OAS' Inter-American Declaration on the Rights of Indigenous Peoples is intended to serve as a legal means to protect indigenous peoples and to seek compensation for the plundering of native lands. Indigenous and non-indigenous people agree that the only way to ensure equitable solutions in the OAS document and similar legal reforms is to work issues out by consensus rather than having decisions imposed. ''Often the people who try to hold our hands are camouflaged accomplices, because they take away (our) right to make our own decisions,'' said Noeli Pocaterra of Venezuela and vice-president of the World Council on Indigenous Peoples (WCIP). The land issue is especially thorny, and indigenous groups worry that new documents may set dangerous precedents. According to Jose Manuel del Val Blanco, director of the Mexico- based Instituto Indigenista Inter-Americano of the Organisation of American States (OAS), the drive to recognise indigenous land rights poses problems under international law. The 1919 Wilson Doctrine established the framework for sovereignty by proclaiming ''one nation, one state, one territory.'' Since then, the Doctrine has guided and formed the basis of all international hemispheric arbitration, including issues of sovereignty. But Del Val Blanco called for both a re-evaluation of the concept of sovereignty and for a new treaty on borders, which would recognise the rights of indigenous peoples whose territory crosses national boundaries. Canadian consultant Robert Groves warns about the dangers of placing too much emphasis on land in self-government negotiations. He pointed to Canada as setting a particularly poor hemispheric precedent by using land ownership as the primary measure of indigenous rights. Using land claims as a measure of self-determination ushers in the real danger that indigenous people will be exiled to live on marginal lands, said Groves. Also, indigenous peoples who migrate to cities or who have no land base could be left out of deals with the state. ''Canada's approach sends the chilling message that territorial realities, rather than social realities, will organise indigenous affairs.'' Strong differences exist over other Canadian examples and their implications for parallel negotiations around the region. Government lawyer Deborah Corber said Canada has evolved considerably in its dealings with aboriginal peoples by recognising ''the inherent right to self-government.'' Canada used to interpret treaties signed in colonial times as a recognition that rights have been granted by European authorities. Now, ''we accept that these rights are inherent, that they flow from the people themselves,'' said Corber. Micmac Elder Noel Knockwood, however, disagreed, stating that this recognition of inherent right has no practical reflection in Canadian law. Knockwood pointed to Canada's Charter of Rights and Freedoms, highlighting clauses in the charter that do not override Canada's Indian Act, which enables government bureaucrats to act on behalf of aboriginal people. He said this maintained an ''apartheid'' system that granted indigenous peoples less right to self- determination than other Canadians. Organisations such the Canadian Foundation for the Americas (CFA), the WCIP, and Canada's Human Rights Research and Education Centre (HRREC) are trying to further co-operative dialogue between indigenous and non-indigenous peoples. The dialogue may also alleviate concerns that too much emphasis will be placed on legal approaches to indigenous rights. According to development consultant Fauzia Moore, rapid changes in the world economy not only reduce the relevance of agreements that often take years to write but also undermine the economic bases of aboriginal peoples and deepen the crisis of poverty. Most indigenous groups view these legal charters as only a starting point for a new dialogue between indigenous and non- indigenous peoples, rather than an end in themselves. International law specialist Carol Hilling of Montreal warns that the OAS declaration has potential to create a second-class citizen status where indigenous peoples are granted less than full human rights. ''I don't see this draft as recognising the distinct nature of indigenous peoples'' that needs legal protection against assimilation, although the draft does include indigenous people as part of the character of nations. Others offer not warnings, but examples of successful strategies. Carmen Sanchez Huapaya of Peru's agriculture ministry, said her country has decided to pursue concrete economic development projects in indigenous communities rather than write declarations that may have little effect in practice. ''peru has had an excellent legal foundation for protecting indigenous rights,'' she said, ''Unfortunately this is just poetry because it does not reflect reality.'' ''We are peoples with a potential to be rich,'' continued Pocaterra. ''Yet today, we are among the statistics of the poor of the world... We have the right to dream of a better world.'' (END/IPS/SD/SW/96) Origin: Washington/CANADA/ ---- [c] 1996, InterPress Third World News Agency (IPS) All rights reserved May not be reproduced, reprinted or posted to any system or service outside of the APC networks, without specific permission from IPS. This limitation includes distribution via Usenet News, bulletin board systems, mailing lists, print media and broadcast. For information about cross- posting, send a message to . For information about print or broadcast reproduction please contact the IPS coordinator at .