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Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: From eskimo!@PUCC.PRINCETON.EDU:OWNER-NATIVE-L@TAMVM1.TAMU.EDU Wed, 7 Apr 93 04:05:18 PST Message-Id: <199304071010.AA11122@eskimo.com> Date: Mon, 5 Apr 1993 20:09:00 PDT From: eskimo!gnosys.svle.ma.us!NativeNet Subject: Barriere Lake / Chief's Resolution PRESS RELEASE MARCH 31, 1993 NATIONAL CHIEFS ASSEMBLY CONDEMNS QUEBEC'S ILLEGAL TERMINATION OF BARRIERE LAKE AGREEMENT Ottawa - The Assembly of First Nations, meeting in a Special Assembly in Ottawa today condemned Quebec's recent unilateral termination of the Trilateral Agreement signed with the Algonquins of Barriere Lake. The Resolution states: "The Assembly of First Nations considers the unilateral termination of the solemn Trilateral Agreement by the Quebec Government as immoral, illegal and a breach of international human rights..." The Chiefs called for the urgent resumption of talks and that Judge Rejean Paul of the Quebec Superior Court be appointed mediator/facilitator to restart the negotiations. They strongly urged for a peaceful resolution. But in the event that confrontation should become inevitable, the Chiefs pledged their complete support to the Algonquins of Barriere Lake on all fronts, domestic, national and international, including the United Nations. Copy of Resolution attached. Contact: Chief Matchewan or Michel Thusky (613) 725-9754 - 30 - DRAFT RESOLUTION #27 SPECIAL CHIEFS ASSEMBLY MARCH 29-31, 1993 OTTAWA, ONTARIO SUBJECT: SUPPORT FOR BARRIERE LAKE TRILATERAL AGREEMENT WHEREAS, since time immemorial, the Algonquins of Barriere Lake have used and occupied their lands for the pursuit of traditional activities, managing the lands and resources, as part of their way of life, on the basis of conservation and harmony with Mother Earth; WHEREAS, impacts from flooding, logging and wildlife depletion, in the last 100 years have devastated the lands and resources and disrupted their traditional way of life; WHEREAS, determined to overcome these impacts; to maintain their traditional way of life and to improve the management of the lands and resources for the benefit of all, the Algonquins of Barriere Lake encouraged the Governments of Canada and Quebec to cooperate in a partnership in developing a conservation strategy based on the principles of sustainable development as expressed in the Report of the U.N. Committee on Environment and Development (Brundtland Report); WHEREAS, in good faith, the Algonquins of Barriere Lake signed the Trilateral Agreement with Canada and Quebec on August 22, 1991; WHEREAS, as expressed in the Trilateral Agreement, its purpose is to ensure, on the territory currently used by the Algonquins of Barriere Lake and included in Annex 1 and Annex 2 of the Agreement, the rational management of renewable resources in view of making possible, with a concern for conservation, their versatile utilization, and the pursuit of Algonquin traditional activities; WHEREAS, in a partnership of the signatories, the Trilateral Agreement establishes a trilateral process involving studies and inventories (phase one); planning (phase two); and recommendations (phase three), which is to result in the production and implementation of an Integrated Resource Management Plan in 1994; WHEREAS, in the interim, prior to the completion of the Integrated Resource Management Plan, so as to minimize the impact of forestry activities on their traditional activities, the Trilateral Agreement provides for the identification of measures to harmonize the conduct of forestry activities with Algonquin traditional activities, as well as sensitive zones which should be protected more especially in a provisional manner; WHEREAS, since the inception of the trilateral process, difficulties in the application of the Trilateral Agreement have occurred as a result of: - the refusal by the Quebec Government, as represented by the Ministry of Forests, to implement the provisional measures, particularly measures to harmonize; - the insistence by the Quebec Government that the Forest Act, regulations and forestry contracts (CAAF's) prevail over the Trilateral Agreement; - the refusal by the Quebec Government, under pressure from the Ministry of Forests, to grant sufficient authority to, and accept the decisions of, its Special Representative as required by the Agreement; and - the withholding by the Governments of Canada and Quebec of sufficient financial resources to make the process work; WHEREAS, in an effort to resolve the difficulties, Mr. Justice Rejean Paul, of the Quebec Superior Court, was appointed as Mediator, on August 12, 1992; WHEREAS, Mr. Justice Paul was unable to resolve the difficulties and issued a Report of his findings and recommendations, dated September 14, 1992; WHEREAS, the mediator's report confirmed that as of September 1992 "the said funding tap (both federal and provincial) has been shut" and that the source of the difficulties in the application of the Trilateral Agreement arises from the integral non-respect of the Agreement; WHEREAS, the mediator's report concluded that the Trilateral Agreement is a treaty or a solemn agreement that is binding upon the parties and takes precedence over Quebec's forestry laws and forestry contracts; WHEREAS, the mediator's report further stated that "this project is of capital importance for the future harmonious development of the forest industry in La Verendrye Park, and elsewhere in Quebec. Dr. Lafond (Quebec's Special Representative) sees in it a marvellous tool for the intelligent management of a forest"; WHEREAS, as a result of Judge Paul's Report, negotiations resumed under the Trilateral Agreement in December 1992; WHEREAS, shortly after re-starting, difficulties again occurred in negotiations because of Quebec's refusal to accept certain measures proposed to harmonize forestry practices with Algonquin traditional concerns, namely the enlarging of buffer zones along waterways from 20 metres to 40 and 60 metres for greater protection of wildlife habitat; WHEREAS, Quebec Native Affairs Minister, Christos Sirros, in letters dated February 12 & 18, 1993, to Chief Matchewan announced the unilateral termination of the Trilateral Agreement; WHEREAS, these actions by the Quebec Government are illegal, especially in view of the Report of Judge Paul which confirms the Trilateral Agreement is binding on all parties and contains no provision for unilateral termination; WHEREAS, the National Chief in a letter dated March 10, 1993 to Premier Bourassa recommended the re-involvement of Judge Paul to mediate/facilitate negotiations; WHEREAS, the situation is becoming extremely urgent because increased demand for lumber is creating more pressure to increase logging in the traditional territory of the Algonquins under the Trilateral Agreement; WHEREAS, the Algonquins of Barriere Lake have clearly stated their position that logging will not be permitted unless it is conducted in accordance with the Trilateral Agreement; WHEREAS, a confrontation will be inevitable unless this situation is resolved. THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The Assembly of First Nations considers the unilateral termination of the solemn Trilateral Agreement by the Quebec Government as immoral, illegal and a breach of international human rights, and as such, condemns this action by Quebec. 2. The Assembly of First Nations urges Quebec and Canada to honour their obligations under the Trilateral Agreement. 3. The Assembly of First Nations urges the Government of Quebec to immediately appoint Judge Paul as Mediator/Facilitator to re-start negotiations under the Trilateral Agreement. 4. The Assembly of First Nations urges the Federal Government in accordance with its fiduciary duty to the Algonquins of Barriere Lake, through its Minister of Indian Affairs, to intervene in this matter and do everything within its power to ensure the Trilateral Agreement is respected by the Government of Quebec. 5. The Assembly of First Nations hereby asserts that if the situation at Barriere Lake deteriorates into a confrontation, every peaceful effort shall be made to support the Algonquins of Barriere Lake, both in the field, throughout the country, and in the international forum, including the United Nations. Moved by: Chief Jean Maurice Matchewan, Algonquins of Barriere Lake Seconded by: Chief Jimmy Hunter, Long Point First Nation. Passed Unanimously. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 Fax: 206-956-1087 BBS: 206-786-9629