DOCUMENT: LNDRIGHT.TXT
W O R L D C O U N C I L O F I N D I G E N O U S P E O P LE S
Land Rights of the Indigenous Peoples, International Agreements
and Treaties, Land Reform and Systems of Tenure.
Presented to
International NGO Conference on Indigenous Peoples and the Land
September 1981
Prepared By
World Council of Indigenous Peoples
This paper has been prepared based on the
policies of the World Council of Indigenous
Peoples and the documentation that was made
available by member nations and distributed
at the workshops on National Issues and
Economic and Political Imperialism in Indig-
enous Homelands which were held in conjunction
with the WCIP Third General Assembly, April,
1981.
Researched and Prepared
by
Debra M. Hoggan
Edited
by
Marie Smallface Marule
LAND RIGHTS OF INDIGENOUS PEOPLES, INTERNATIONAL AGREEMENTS AND
TREATIES, LAND REFORM AND SYSTEMS OF TENURE.
Traditionally Indigenous Nations had the exclusive
jurisdiction, the supreme and absolute power over their terri-
tories, their resources and their lives. We had the right to
govern, to make laws and enforce laws, to decide citizenship, to
wage war or make peace, to manage our lands, resources and
institutions. Each Nation had very sophisticated and unique -
political, legal, social, and economic institutions and systems.
Each Nation had absolute control over the resources and products
of its land.
When the Colonizers arrived upon the Indigenous
World, they gradually assumed political control over the lands
and the Indigenous Peoples. Through the use of their colonial
legal systems the Colonizers imposed their own concepts of Indian
Rights.
The World Council of Indigenous Peoples' (WCIP), the
representative for Indigenous Nations all over the world which
totals in excess of 60,000,000 Indigenous peoples is here today
to provide for you an Indigenous interpretation of what "land
rights, international agreements and treaties, land reform and
systems of tenure" means to us.
LAND RIGHTS
It is impossible to discuss Indigenous land rights
without referring to a history of dispossession, colonization and
degradation. Consequently for the non-Indigenous people and their
governments there is an enormous emotional and psychological
burden connotated in the term "land rights". Present day
legislation and laws are evidence of a vague, inadequate and
often contradictory understanding of this much abused term.
The issue of land rights has not received the proper
attention it deserves. It is easy to overlook the fact that 'land
rights' means to Indigenous Nations something totally different
from the meaning used by government officials and the non-
indigenous population. Indigenous Peoples should not have to
revise their concept of land rights. We know what our rights are.
Colonial efforts to force us to adopt their views should be no
longer tolerated.
Our right as Indigenous, Aboriginal and Indian people
to choose and determine how our lands and resources shall be
managed stems from our inherent status as the original
inhabitants of our lands. We had uncontested, supreme and
absolute power over all aspects of our lives. According to
International Law people who live together, share a common
language and a common culture, complete with a philosophy of
life, values and institutions, have a right to govern themselves
and their lands, and have a right, as a people to self-
determination. This principle has been restated most recently in
the International Covenant on Economic, Social and Cultural
Rights. It provides in its first article that;
"All peoples have the right of self-determination.
By virtue of that right they freely determine their
political status and freely pursue their economic,
social and cultural development."
Our right, as Indigenous People, of self-determination
is a right which we have not and will not surrender. For this
principle of self-determination to be effective and have meaning
there must be a basic respect between political communities.
The World Council of Indigenous Peoples' appeals to the
United Nations to take the leading role in the application of the
principles of self-determination and equality of Indigenous
Peoples.
INTERNATIONAL TREATIES AND AGREEMENTS
The most serious problem that exists and threatens
Indigenous Nations today is the efforts of non-Indigenous
governments to terminate the hereditary rights of Indigenous
Peoples. We would like to bring your attention to the following
two examples which illustrate how the non-Indigenous peoples are
ignoring treaties and agreements made with Indigenous Peoples;
I) Mapuche Indians of Chile:
Today there are approximately one million Mapuches living in
Chile. In a country of nearly 11 million, they represent up to
10% of the entire population. However their future as a people is
now threatened.
On March 22nd, 1979 the military junta under General Augusto
Pinochet issued Decree Law 2568. The new law outlines major
changes regarding the Chilean state's policies and objectives
towards the country's indigenous minorities. In particular the
law stipulates the conditions under which the division of the
land may occur. Under the new law, only one 'occupant' need
request the division of the land, and there is no appeal
procedure if others on the reserve do not consent to this
division.
Further interpretation of Law 2568 is: the absolute non-recog-
nition of the Mapuche land rights and identity; the determination
to make the problems of the indigenous people "disappear" by
assimilating them into the "mainstream" of Chilean society,
especially by putting an end to the unique socio-political
community and the reserve. The military junta calculates that the
elimination of the Indian communities can be accomplished within
five years.
A week after the signing ceremony the Mapuche leaders were able,
for the first time, to view the actual contents of the new law.
Eighty-five Mapuche leaders, representing over 800 reservations,
immediately called for a suspension of the land division process,
the annulment of Law 2568 and that a new law be drawn up with
their active participation.
This new law comes as a harsh blow to an already impoverished and
weakened people. For years the Mapuches have experienced overt
discrimination and have seen their lands and homes illegally
seized. Chilean governments have refused to recognize their right
to a distinct and separate culture. The Mapuches predict that if
the new law proceeds as it is now planned it will only be a short
period of time before they are culturally extinct.
II) Indian Nations of Canada
In Canada many efforts have been made by various governments in
power to destroy Indigenous Nations. Through biased policies and
narrow interpretations of existing agreements the government has
deviously employed legal devices and program measures to replace
tribal systems of governments, to eliminate Indian tradition,
beliefs and cultural practices, to destroy Indian languages, and
to deprive Indian Nations of territories and resources required
to maintain an economic basis for our livelihood.
After many generations of assimilationist tactics the Federal
Government made an effort to bring this process to an official
and irrevocable conclusion in 1969. In that year, a 'White Paper'
was presented to Parliament which could have put an end to
special status and all Indian rights. This plan provided that;
- the Constitution be amended to eliminate all reference to
Indians;
- the Indian Act, which guarantees a number of specific rights
be repealed;
- the Department of Indian Affairs and its special budgetary
appropriations for Indians would disappear;
- Indian reserves would lose their protected status;
- full jurisdictional powers over Indians would be transferred
to the provinces.
The only reason that the 'White Paper' provisions were not
implemented was that Indian Nations were able to unite solidly
across Canada in effective opposition.
The 'White Paper' has become a wolf in sheep's clothing as the
Prime Minister of Canada, with the support of the Prime Minister
of Britain, is taking moves to single-handedly transfer the
British North America Act from control by Britain to the control
of Canada. In his constitutional proposal, a "Charter of Rights"
is included which directly aims at terminating the rights of
Indian people, declaring Band citizens as ordinary citizens of an
independent Canada. Further, the proposal is prepared and written
in such a way that all Canadians, and even many of our own
people, would welcome such a move. This is so subtly hidden
within Trudeau's proposal that only under close scrutiny can the
threat to our existence as a Nation be seen. These are but two
examples of government officials misinterpreting, misusing and/or
ignoring treaties that have been established between them and
Indigenous Nations. Even today this practice is taking place and
affecting the future of Indigenous Peoples. George Manuel,
following a fact-finding mission to Chile in 1978 stated;
"To me, the Indian Law 2568 is a gross violation of
the UN Declaration of Human Rights. This Indian Law
which has been passed by the Chilean junta is the
same law and has the same ideology - to end treaties,
Indian reserves and aboriginal rights - that I have
seen in other countries, including Canada. The law
itself sets a very dangerous precedent to other
governments of the world. It is the same law which
was proposed by the Liberal Government of Canada in
1969...was proposed by the executive authorities of
the US in 1949...and has been continually proposed by
the Brazilian and Australian Governments. To a large
degree, it is a threat to all indigenous peoples of
the world. It is a dangerous example because the
Pinochet government is the first government to boldly
implement an 'Indian law' without consultation of the
Indian people."
On behalf of our membership which consists of
Indigenous Nations in twenty-six nation-states the WCIP makes the
following recommendations;
- that the International community recognize
Indigenous sovereignty and entitlement to
traditional lands;
- that the United Nations recognize the treaties that
Indigenous Nations around the world have signed as
binding under International Law.
- that the International community and the United
Nations honour its responsibility to the Indigenous
Nations of the world by establishing the necessary
mechanisms and instruments to protect their rights
to self-determination with their lands and
resources.
In Canada and the United States Indigenous Nations
have resumed the use of treaties to relate to each other. The
Comanche and Ute Nations in the United States are also using
treaties to mend old wounds. Traditionally enemies, they are
currently finalizing negotiation of friendship and trade between
each other. In the Pacific Northwest, Indian Nations are
currently in the process of negotiating treaties between each
other in relation to the conduct and management of fishing rights
in their traditional fishing places. In Canada, the Oweekeno and
Mount Currie Indian Nations are currently finalizing a treaty
with representatives of overseas countries on the export of wood.
LAND REFORM AND SYSTEMS OF TENURE
Since time immemorial Indigenous Nations have
practiced land tenure and land reform. This practice which has
sustained their every needs has been encroached upon non-
Indigenous governments whose interest is individual ownership. In
Canada the effects of introducing the concept of private
property, individualism and European political systems have
manifested themselves at different times in the different Indian
communities.
The changes that have been imposed upon Indigenous
Peoples in relation to land tenure and land reform have raised
new issues for us. One of the main issues is the individual and
his relative value compared to his community. The introduction of
individualism in the occidental context has affected our customs,
it has affected our customs, it has been used to disrupt our ways
of life, our kinship systems, our value systems, our institutions
of marriage, economics, education, health care and justice.
Traditionally, our survival, as Indigenous Peoples,
relied on the knowledge of nature, of the environment, and to be
producers - responsible users of lands and resources. This
knowledge must be respected by the international community for
the sake of all human survival.
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