Fwd: Fw: UBCIC PRESS RELEASE: UBCIC Calls on New Zealand and Canada to Stop Denying International Legal Reality

[Rolland Nadjiwon]

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Light travels faster than sound.
That’s why some people appear bright until you hear them speak.
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UBCIC Calls on New Zealand and Canada to Stop Denying International 
Legal Reality

Press Release

May 12, 2010

(Coast Salish Territory/Vancouver, Canada - May 12, 2010) Like the 
Canadian government, the New Zealand government recently announced that 
it will adopt the United Nations Declaration on the Rights of Indigenous 
Peoples within the bounds of its own legal and constitutional 
frameworks. The Declaration on the Rights of Indigenous Peoples was 
adopted by 144 States at the United Nations General Assembly in 
September 2007.

Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs 
stated "By deliberately interpreting the UN Declaration in accordance 
with the constitution and laws of each state, the Canadian and New 
Zealand governments are attempting to legitimize the 'status quo' by 
further entrenching the existing injustices and discrimination of their 
domestic policies within what is considered by the vast majority of 
Indigenous groups as one of the most important international human 
rights instruments of the United Nations."

Grand Chief Phillip continued "The UBCIC supports all Indigenous Peoples 
in their fight for recognition. As an example, the UN Human Rights 
Committee supported the Te Kāhui Ngahuru call for New Zealand to 
negotiate on their stalled Treaty of Waitangi issues. What was New 
Zealand's response? Proposed legislation that will extinguish Te Kāhui 
Ngahuru's legal right to ask the courts to determine its claim. Sadly, 
Canada has already enacted similar legislation, the Specific Claims 
Tribunal Act."

In October 2008, the Specific Claims Tribunal Act (SCTA) came into force 
to eliminate the backlog of specific claims through a fair, timely, 
joint and independent process. A key element of the SCTA was to 
implement an independent Alternate Dispute Resolution (ADR) centre for 
First Nations and the Government of Canada. Indigenous organizations 
suggested a range of options such as an independent centre to provide 
mediation services through legislation or linking to or creating a 
non-governmental organization to service ADR. In February 2010, the 
Federal Minister of Indian Affairs, Chuck Strahl unilaterally and 
arrogantly dismissed the options as too costly or outside the scope of 
the legislation. Canada responded by stating the new ADR centre will be 
housed in government offices, administrated by government staff and will 
only provide mediation services in the area of negotiations and no other 
part of the process.

"The UBCIC does not recognize, embrace or endorse the fairness, 
independence, impartiality, openness and transparency of a mediation 
process that is housed and administrated by the Government of Canada and 
is limited to only one stage in the process for resolving the many 
specific claims of First Nations" stated Grand Chief Phillip. "As 
Indigenous Peoples, our fight is the same the world over. Our Title and 
Rights are ignored, trivialized and dismissed. Ongoing injustices such 
as woefully inadequate land reserves or Crown mismanagement of the Te 
Kāhui Ngahuru or the many outstanding specific claims in Canada, add to 
the severe economic, cultural and social suffering of our Indigenous 
communities."

Grand Chief Phillip concluded "New Zealand and Canada continue to deny 
the international legal reality of our Indigenous rights. The 
Declaration on the Rights of Indigenous Peoples is truly a historically 
significant instrument, a milestone and clarion call of the ongoing 
fight that unifies the 370 million Indigenous Peoples globally."

- 30 -

Media inquiries:

Grand Chief Stewart Phillip, Union of BC Indian Chiefs

Phone: (250) 490-5314

PDF COPY: 
http://www.ubcic.bc.ca/files/PDF/UBCICPress_NZWAI56_UNDRIP_051210.pdf

The UBCIC is a NGO in Special Consultative Status with the Economic and 
Social Council of the United Nations

This page and all other News Releases can be found at:

http://www.ubcic.bc.ca/News_Releases/

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