Canada and Agenda
21Canada and Agenda
21
CHAPTER 26
Recognizing and Strengthening the Role of Indigenous Peoples and Their Communities
-- Inuit Circumpolar Conference --
The Inuit Circumpolar Conference (ICC) is an organization created by the Inuit of Greenland, Canada, and Alaska in 1980. The views expressed in this chapter are the views of the ICC with input from a number of other stakeholders, and do not necessarily represent the views of the Projet de Société.
THE NATURE OF THE PROBLEM
Indigenous peoples represent a significant part of the world's population with unique contributions to make to the achievement of the goals of Agenda 21, based on ways of life directly dependent on the utilization of wild living resources. Indigenous peoples have evolved a holistic, traditional scientific knowledge of the land, natural resources and environment they interact with and depend on to maintain their well-being. Frequently the lands and resources of indigenous peoples are viewed as "free for the taking" for a variety of historical and political reasons. Consequently it is critical that indigenous peoples and lands are recognized and protected from environmentally-unsound activities. Moreover, national and international efforts to implement environmentally sound and sustainable development should recognize, accommodate, promote, and strengthen the role of indigenous peoples and their communities.
In order to bring together the people and resources required to achieve the goal of sustainability and the aims of Chapter 26 with respect to "recognizing and strengthening the role of indigenous people and their communities", cooperation is needed. The support of sympathetic donors and the sharing of information through networks is essential to enable indigenous peoples to document the identity and composition of indigenous communities, their needs and aspirations, their specific concerns regarding their social and natural resources, their vision for managing these resources, and their views as to how working relationships would be developed between their organizations and national and international decision-making bodies. It may also be necessary to begin by acknowledging historical injustices which have contributed to inequities of existing situations; and then taking steps to obtain remedies. Access to resources and the power to make decisions are fundamental to the realization of the potential contribution of indigenous peoples to the advancement of sustainable and equitable development, and to support their objectives for the protection of their lands and resources.
The process of empowerment to which Agenda 21 is committed involves local capacity building by means of research and training in order to achieve greater participation in decision-making and strategic choices regarding resource management. Development agencies should also recognize that policies need to be developed that take into consideration the specific socio-economic and political circumstances of North and South indigenous groups.
Research is needed, supported by networking amongst like-minded donors, so that these communities can identify their membership, their needs, and their concerns regarding social and natural resources. Time and resources are required for elucidation of indigenous peoples' frameworks and goals for resource management and sustainable and equitable development. In addition, resources are required for the development of institutional and procedural working relationships in order to build linkages between indigenous peoples organizations and national and international bodies which affect indigenous peoples' utilization of resources, whether advisory or decision-making in nature.
A key concern with respect to recognizing and strengthening the role of indigenous peoples and their communities is the documentation, application, interpretation and preservation of the knowledge which indigenous peoples have about their ecosystems and about the nature of environmental change in these environments. There is an increasing recognition of the importance of indigenous knowledge, (sometimes referred to as traditional knowledge or traditional ecological knowledge) but experience with its use is limited. In addition, the application of traditional ecological knowledge is inhibited by other considerations related to the political and economic exigences of a particular situation. Further, there is a need for a opportunities for indigenous peoples to enunciate their epistemologies, and to play a primary role in determining the future of indigenous knowledge resources in relation to western science-based systems.
PROGRAM AREAS AND OBJECTIVES
The objectives of Chapter 26 include the empowerment of indigenous people and their communities; strengthening of their participation in national policy, law and program formulation, including their capacity to initiate proposals; and supporting partnership by ensuring the involvement of indigenous people and their communities at national and local levels in programs intended to support sustainable development, such as resource management programs and conservation strategies.
Program areas in support of these objectives include: recognition of the rights to lands and resources of indigenous people; documentation of values, traditional ecological knowledge and management practices of indigenous peoples which contribute to sustainable development; strengthening of national processes for resolving disputes over lands, resources and management affecting indigenous people; support for alternative environmentally sound economies; developing with governments national arrangement to consult with indigenous people, and enhancement of capacity-building for indigenous communities through the exchange of information and experiences.
Specific measures recommended for governmental and non-governmental implementation include:
(a)adoption or strengthening of appropriate policies and legal instruments at the national level to protect indigenous peoples;
(b)recognition that lands of indigenous peoples must be protected from environmentally unsound or inappropriate practices;
(c)encouraging the understanding of indigenous peoples' ecological knowledge and environmental management experience;
(d)recognition of the essential nature of harvesting for indigenous peoples;
(e)creation and support of national dispute resolution mechanisms for land and resource dispute settlement;
(f)development of alternative environmentally-sound means of production;
(g)enhancement of capacity-building for indigenous communities based on indigenous ecological knowledge;
(h)ratification and application of relevant international conventions and support for adoption of a declaration on the rights of indigenous peoples by the United Nations General Assembly;
(i)protection of intellectual and property rights of indigenous peoples, including rights to customary and administrative systems and practices;
(j)encouragement of active participation of indigenous peoples, particularly women, by the United Nations, international development and finance organizations, and governments;
(k)organization of annual inter-organizational coordination meetings between governments and indigenous organizations;
(l)provision of technical and financial assistance for capacity-building for sustainable development;
(m)strengthening of research and education programs relevant to the concerns of indigenous peoples, especially the application of indigenous knowledge to contemporary development challenges;
(n)contribute to the resource management and conservation strategies of indigenous peoples and other program areas of Agenda 21 including programs to collect, analyze and use data and other information in support of sustainable development;
(o)apply technology to increase efficiency of indigenous peoples resource management systems;
(p)involve indigenous peoples at national and local levels in resource management, conservation strategies and planning processes;
(q)development of national governmental arrangements for consultation with indigenous peoples to reflect indigenous knowledge and other knowledge in resource management, conservation and development programs;
(r)cooperate at regional levels where appropriate to address common indigenous issues in order to strengthen participation in sustainable development;
CANADIAN POSITIONS AT RIO
1.Official Canadian Position
Canada was the first delegation to advocate the recognition of "Indigenous People" in Agenda 21, and was responsible for many of the references to their interests within Agenda 21 (eg. in the chapters on oceans, and forests, and in the Rio Declaration). The Canadian Delegation has worked with indigenous groups to include these references. Canada did not support the inclusion of an international debate on indigenous rights to self determination in the UNCED process.
2.Non-Governmental Organizations
It should be noted that indigenous organizations in Canada, in general, do not consider themselves to be non-governmental organizations - rather they view themselves as the legitimate representatives of their constituents.
With respect to environmental and other NGOs, a wide range of relationships and attitudes toward indigenous peoples can be found, from the sympathetic to the overtly hostile. One of the watershed issues which draws the differences between supportive and unfriendly environmental NGOs is that of harvesting, particularly of marine mammals. Until issues like whaling are understood and addressed as matters of sustainable development for Inuit and other Indigenous Peoples, mistrust and concern will impede some forms of cooperation. Indeed the issue of utilization of wild species is a central concern for all Canadians, as approaches to sustainability based on wise use of wild species will affect many other societal decisions, including land-use, non-renewable resource exploitation and small-scale eco-development options.
Other significant issues in the NGO sector include support for aboriginal self-government, rights to lands and resources, and freedom of religion and self-expression related to cultural self-determination.
3.Business and Industry
A variety of joint ventures are underway in the realms of economic development and regulatory affairs. There are many training and/or research projects and programs related to indigenous peoples within business and industry. Increasingly, indigenous peoples are initiating joint ventures, including training and research components.
4.Indigenous
There are 5 priorities for Indigenous Peoples which need to be addressed. These are:
1)Support and recognize Indigenous Peoples cultural and territorial rights: In any international forum Indigenous Peoples have always pressed for the recognition of their cultural and territorial rights as the basis of development and self-determination;
2)Support for the development of Indigenous Peoples non-government organizations (developmental) is essential for development, capacity building, local control and a new relationship because Indigenous Peoples nee their own institutions to interact and communicate with Western NGO's and other international organizations;
3)Support for the development of Indigenous knowledge institutions to study, document and support Indigenous Peoples in the use of Indigenous knowledge. These institutions must be controlled and managed by Indigenous Peoples;
4)Support for the development of Indigenous Peoples financial institutions in support of Indigenous development and values similar to the concept of the Indigenous Peoples Fund being supported by the Inter-American Bank. These institutions must be controlled and managed by Indigenous Peoples; and,
5)Support the development of the "New Partnership" based on respect and a new ethic, for example the proposed International Treaty discussed below and for Western institutions to develop new policies such as "listening and learning" from Indigenous Peoples.
Indigenous groups in Canada have called for:
protection of the human rights of Indigenous Peoples, including cultural rights, as a central priority;
Funding and development of Indigenous regional and international development institutions;
Development of an Indigenous Peoples Loan Fund;
Establishment of a research and development institution dedicated to indigenous peoples ecological knowledge, managed and controlled by indigenous peoples;
Establishment of a new partnership between indigenous peoples and western governments, NGOs and development agencies; and
Development of a wider awareness and appreciation of Indigenous Peoples concerns about political, development and environment issues.
COMMITMENTS MADE BY CANADIANS AT RIO
1.Legally-binding Documents
None.
2.Political Pronouncements
None.
3.Alternative NGO Treaties and Kari-Oca
NGO Treaties
At the same time as UNCED, two major international events were also held at Rio: the Global Forum and the Kari-Oca Conference. At the International Non-Governmental Organization Forum (Global Forum), 3,100 NGOs discussed a number of matters related to environment and development and produced a parallel set of documents: an NGO Earth Charter and 38 Alternative NGO Treaties. Of these treaties, one addressed the issues discussed in Chapter 26.
International Treaty Between NGOs and Indigenous Peoples
The Proposed International Treaty - Northern Non-Governmental Organizations and indigenous Peoples Development, June 1992, states the following areas must be recognized and addressed by northern NGOs entering into development activities:
transfer of values - must minimize the damage done by the imposition of western values
community control, management and ownership - development must be under their control in accordance with their values and institutions
community-based planning - pre-planning must be conducted with community participation
Indigenous knowledge - development should be based on Indigenous knowledge
spirituality - development should recognize it
respect - development should note respect for community, Mother Earth, other peoples
sharing - reciprocity at all levels
technology - ensure culturally appropriate technologies are controlled by Indigenous Peoples and intellectual property rights are protected
sustainable development - Indigenous knowledge in this area should be shared
capacity building - to allow indigenous peoples to develop on their own
destabilizing indigenous societies - discontinuation of disruptive practices such as westernized schools, religions, etc.
western models - will not be used
indigenous non-government organizations - northern NGO's will support their creation through funding and training
new indigenous institutions - northern NGO's support the development of new regional and international development organizations which will include the research and collection of Indigenous knowledge for the improvement of resource management systems and for educational purposes
indigenous financial institutions - managed and controlled by Indigenous Peoples and which have the power to deal with international agencies to obtain more financing and support
northern NGO accountability - must establish greater accountability measures to Indigenous Peoples
consultations and harmonization - northern NGO's must develop policies which provide consultative mechanisms with Indigenous Peoples and to harmonize their policies with Indigenous Peoples priorities, values and culture and with Indigenous Peoples consent
The basic principles of this Treaty are:
(1)Territory - "Indigenous peoples have inalienable rights to their territories and the resources and biodiversity that they contain"
(2)Self-Determination - "must be recognized and respected given to their traditional systems of self-government"
(3)Economy and Environment - Indigenous peoples have had an intimate relationship with nature, based upon respect, interdependence and equilibrium .. [they] have developed economic, social, cultural models that respect nature without destroying it."
(4)Education, Culture and Spirituality
Kari-Oca
The second alternative forum at Rio was the International Conference on Territory, Environment and Development (the Kari-Oca Conference). The Kari-Oca Conference was held immediately prior to UNCED by and for the world's indigenous peoples. More than 650 indigenous representatives participated in meetings and cultural events during the conference.
Under the Earth Charter, the indigenous peoples demand and/or suggest 109 changes to the following areas: Human Rights and International Law; Lands and Territories; Biodiversity and Conservation; Development Strategies; and Culture, Science and Intellectual Property.
The opening section of the Indigenous Peoples Earth Charter which was adopted at the Kari-Oca Conference May 25-30 1992, is devoted to addressing issues related human rights and international law, which reflects directly on the theme of chapter 26, "Recognizing and Strengthening the Role of Indigenous Peoples and their Communities". Within this section, the signatories call upon the United Nations, state governments and international legal instruments to recognize indigenous governments and legal systems, as well as indigenous peoples' right to self-determination. Moreover, indigenous peoples assert their right to their traditional and spiritual ways of life, as well as the right to decide the direction of their communities. It is also stated that, as well as health rights which include the recognition and respect of traditional knowledge held by indigenous healers,
Indigenous peoples should have the right to their own knowledge, language, and culturally appropriate education, including bicultural and bilingual education, through recognizing both formal and informal ways, the participation of family and community is guaranteed. (paragraph 25)
The subsequent section addresses issues related to lands and territories. Also directly related to the theme of chapter 26, within this section it asserts the inalienable rights of indigenous peoples' to land and resources, which confirms that indigenous peoples have always had ownership and stewardship over their traditional territories and moreover, that this be respected is demanded.
Within this section it also states that:
Where indigenous territories have been degraded, resources must be made available to restore them. The recuperation of those affected territories is the duty of the respective jurisdiction in all nation states which can not be delayed, within the process of recuperation the compensation for the historical ecological debt must be taken into account. Nation states must revise in depth the agrarian, mining and forestry policies. (paragraph 35)
The representatives of indigenous peoples from the four corners of the world signed the Kari-Oca Declaration and the Indigenous Peoples Earth Charter. This represents 500 years of survival.
DEFICIENCIES, GAPS AND CONSTRAINTS WITHIN CHAPTER 26
There is no specific mention of the conflict between anti-harvesting interests including NGOs and the governments which support these NGOs, and indigenous peoples, who are directly dependent on harvesting for physical and cultural survival. This is a critical issue which must be dealt with as Indigenous Peoples have been and continue to be penalized internationally by the abuse of international conservation initiatives which have been co-opted by anti-harvesting interests.
COMPARISON BETWEEN CURRENT CANADIAN GOVERNMENT POLICY AND COMMITMENTS MADE
There is much to do to bring empowerment, participation and partnership with respect to the roles of indigenous peoples in sustainable and equitable development in Canada to higher levels, but a number of fundamental changes have occurred, particularly in the north where comprehensive landclaims have established a foundation for such empowerment. Specific claims concerning historical agreements in southern Canada are slowly being addressed as well. These steps will contribute to the question of adequate lands and resources for indigenous peoples to some extent. Self-government for indigenous peoples has also progressed to some extent.
Gaps continue to exist however between indigenous perspectives on living resources and ecology, based on indigenous knowledge; and western approaches to land ownership and management of fish and wildlife. Current governmental initiatives to address long-standing issues with respect to aboriginal fisheries and migratory birds are welcome, despite the inherent difficulties.
CANADIAN ACTIVITIES EVOLVING THROUGH THE SUSTAINABILITY PROCESS
A wide range of local, regional and national activities and programs are being planned and implemented which involve indigenous peoples and their organizations in the sustainability process. The Arctic Environmental Strategy, which is part of Canada's Green Plan, is a key program for northern indigenous organizations because it provides program funding to indigenous groups to conduct their own projects and programs. Other sections of the Green Plan have been used by indigenous groups in southern Canada to support sustainability-related projects.
Efforts have also been made by Canada to include indigenous peoples in significant policy development processes such as the development of federal environmental assessment legislation domestically; and the Canadian implementation of the Biodiversity Treaty.
There is increasing interaction between aboriginal peoples and the private sector on a wide range of issues affecting their respective interests. Of particular note are joint efforts underway in the realms of economic development and regulatory affairs. With the evolution of aboriginal self-government and the settlement of land claims, First Nations peoples in canada will have an increasing and substantive role in the management of land and resources, and the financial resources to be important economic players and partners. Within this scenario, new an innovative approaches are possible.
Business and aboriginal peoples can and must work together to ensure that new regulatory and development regimes meet the needs of both parties. For example, the land management framework being developed for aboriginally-owned land in Nanauvt has involved a lengthy and substantive review, to ensure a workable and appropriate regime is put in place. it is essential for both parties that these efforts are successful.
Training and/or research programs are another area for business-aboriginal co-operation. Industry now recognizes the special cultural and lifestyle concerns which require different approaches to preparing for, and engaging in, industrial employment and activities. Earlier programs aimed at meeting these cultural and lifestyle differences have had mixed success but they are widely recognized as requiring more work and attention and are ones which, from everyone's perspective, are essential.
Finally, the financial resources which aboriginal people in Canada are acquiring through land claims settlements make them potential partners for joint ventures, candidates for private sector activities in support of resource-based operations or actual operators of such enterprises. For example, northern mining operations may contract aboriginally-owned and operated companies for mining-related services. Moreover, aboriginal capabilities in these fields are growing as well through captive economic development corporations (e.g., the Taltan First Nation in norther B.C., or native businesses in northern Saskatchewan). The numbers and capacity of such corporations will increase in the future.
OTHER RELEVANT INTERNATIONAL SUSTAINABILITY-RELATED FORA
The Finnish Initiative, or Rovaniemi Process, involving the eight Arctic states, including Canada, and representatives of the indigenous peoples of the Arctic; resulted in adoption of a Declaration and Arctic Environmental Protection Strategy in Rovaniemi in 1991. Subsequently the Ministers issued a Declaration and Report at Nunuk in September 1993, which recognize the need to include indigenous peoples in the development and implementation of the strategy, particularly with respect to sustainable utilization of living resources, and monitoring and assessment.
SUGGESTED READINGS AND INFORMATION SOURCES
Berkes, Fikret (ed). Common Property Resources, (London: Belhaven Press. London, 1989).
and David Feeny. "Paradigms Lost. Changing Views on the use of Common Property Resources", Alternatives Vol. 17, No. 2, 1990.
Bodley, John. Tribal Peoples and Development Issues: A Global Overvies, Mayfield Publishing Company, California, 1988.
Brunmee, Jutta. "Common Interest - Echos from an Empty Shell? Some Thoughts on Common Interest and International Environmental Law", ZaoRV Heidelberg Journal of International Law, Sonderabdruck aus Band, 49-Nr4, 1989.
Burger, Julian. The Gaia Atlas of First Peoples: A Future for the Indigenous World, Doubleday, New York, 1990.
D'Amato, A. and S.K. Chopra. "Whales: Their Emerging Right to Life", American Journal of International Law, 85:21-62, 1991.
Dasmann, Raymond F. "Ecosystem People", I.U.C.N. Bulletin. Reprinted 1976 in Parks Vol. 1 No.1, 1975.
Doubleday, Nancy C. "Aboriginal Subsistence Whaling: The Right to Hunt Whales and the Implications for International Environmental Law", Denver Journal of International Law, Vol.17 No.2:373-393, 1989.
Freeman, Milton M.R. "The Alaska Eskimo Whaling Commission: Successful Co-management under Extreme Conditions", in E. Pinkerton (ed), Co-operative Management of Local Fisheries, (Vancouver: University of British Columbia Press, 1988).
, Eleanor E. Wein and Darren Keith. Recovering Rights, Bowhead Whales and Inuvialuit Subsistence in the Western Canadian Arctic, (Canadian Circumpolar Institute and Fisheries Joint Management Committee, 1992).
Government of Canada. Canada's Green Plan, (Ottawa: Environment Canada, 1990).
. Canada's Green Plan and the Earth Summit, (Ottawa: Environment Canada, 1992).
. Canada's National Report: United Nations Conference on Environment and Development Brazil, June 1992, (Ottawa: Environment Canada, 1991).
Inter Press Services. Story Earth: Native Voices on the Environment, Mercury House, San Francisco, California, 1993.
International Development Research Centre (IDRC). Agenda 21: Abstracts, Reviews, and Commentaries, (Theodora Carroll-Foster, editor), (Ottawa: IDRC, 1993).
Inuit Circumpolar Conference. Principles and Elements for a Comprehensive Arctic Policy, (Ottawa: Inuit Circumpolar Conference, 1992).
Johnson, Martha. Lore: Capturing Traditional Environment Knowledge, Dene Cultural Institute and the International Development Research Centre, 1992.
Keating, Michael. Agenda for Change: A Plain Language Version of Agenda 21 and the Other Rio Agreements, (Geneva: Centre for Our Common Future, 1993).
Livingston, John A. The Fallacy of Wildlife Conservation, (Toronto: McClelland and Stewart, 1981).
Lynge, Finn. Ethics of a Killer Whale or: The Ethics of Killing a Whale, (1991).
. "Of Moose and Men - and Whales. A Question of Rights", in George Blichfeldt (ed) Bigger Than Whales, a Special Publication for the International Whaling Commission Meeting, Glasgow, (Reine, Lofoten, Norway: High North Alliance, 1992).
Lovelock, James E. Gaia, A New Look at Life on Earth, (New York: Oxford University Press, 1979).
. Healing Gaia - Practical Medicine for the Planet, (New York: Harmony Books, 1991)
Merchant, Carolyn. The Death of Nature, (San Francisco: Harper and Row, 1980).
Rydell, Robert. "Human Curiosity", Science 259:108-109 (1993), review of Philips Verner Bradford and Harvey Blume, Ota, The Pygmy in the Zoo, (New York: St. Martin's Press, 1992).
World Conference on Environment and Development. Our Common Future, (Oxford: Oxford University Press, 1987).
Information Sources:
Apikan Indigenous Network, 154 Aylmer Avenue, Ottawa, Ontario, K1S 2Y4, tel (613) 730-7059, fax (613) 730-5621.
Assembly of First Nations (AFN), 55 Murray Street, 5th floor, Ottawa, Ontario, K1N 5M3, tel (613) 236-0673, fax (613) 238-5780.
Inuit Circumploar Conference (ICC), 170 Laurier Ave. West, Suite 504, Ottawa, Ontario, K1P 5V5, tel (613) 563-2642, fax (613) 565-3089.
Inuit Tapirisat of Canada (ITC), 170 Laurier Ave. West, Suite 510, Ottawa, Ontario, K1P 5V5, tel (613) 238-8181, fax (613) 234-1991.
Nature Women's Association of Canada (NWAC),
United Native Nations, tel (604) 688-1821, fax (604) 688-1923.
Cite as: Projet de société: Canada and Agenda 21.Winnipeg: IISD, 1995. Online. Internet. http://iisd.ca/worldsd/canada/projet/c26.htm.
