Canada: Landmark ruling backs native self-determination

Am Johal in Vancouver

In a case that took a decade to complete and cost close to $30 million, a British Columbia Supreme Court judge last week gave a boost to Native Canadian bands seeking aboriginal land title, but also sent the various parties back to the table to negotiate a treaty.
   Justice David Vickers issued a massive 458-page ruling, prompting some provincial politicians to quip that it was "just short of 'War and Peace'".
   British Columbia, Canada's western-most province, is still largely unceded territory and subject to First Nations land claims. While some bands have formally joined the government-sanctioned BC Treaty process with mixed results, other bands have stayed out of the process and have proceeded to direct litigation to pursue their claims.
   Some First Nations leaders have argued that the BC Treaty Process is too restrictive and limits the rights of First Nations people to territory.
   Vickers concluded that the Tsilhqot'in First Nations may have ownership rights to an area of British Columbia known as the Chilcotin region, which is approximately 2,000 square kilometres.
   Justice Vickers wrote, "While I make no declaration of aboriginal title in this action, I do express an opinion as to where such title may exist...the denial or avoidance of this constitutional responsibility is unacceptable if there is to be a just reconciliation in this era of decolonisation."
   Vickers reviewed colonial history as part of his decision-making, including records from Captain George Vancouver who originally claimed the province for the British Crown in 1792, diaries of explorers, documents from fur trading companies and early Christian missionaries. Anthropologists were employed to take oral testimony of traditional myths and stories as part of the case.
   In what was known as the Chilcotin War of 1864, Tsilhqot'in leaders fought with road builders and prospectors on the gold rush trail. It is referred to in the region as the last war fought on Canadian soil. The territory is viewed as never ceded by the Tsilhqot'in bands in the region.
   Vickers also determined that land use decisions about such areas as forestry and mining cannot proceed without consultation and agreement from First Nations communities.
   Although he dismissed a claim for compensation for the period that the land was taken from First Nations, he left the door open for compensation after the appropriate land claim could be determined.
   Tony Penikett, a former deputy minister of Aboriginal Affairs in British Columbia and former premier of the Yukon, told IPS, "It is an important court decision in a couple of ways. In a very long and complicated case, the justice said that aboriginal title is much more extensive than previously thought. It extends the possibility for title in that it suggests hunting and trapping areas can be part of the jurisdiction of claims and governance-it goes further than the federal and provincial governments were willing to previously consider."
   "Even with the findings, the judge told the parties to negotiate a settlement. To a degree, it is an affirmation of the wisdom of trying to settle these claims through negotiation rather than through the courts," Penikett said. "You have a problem in that the BC Treaty Process has been cumbersome, expensive and slow. In a sense, for those outside the treaty process, litigation will still lead to some form of negotiation even if it is outside the treaty process."
   The BC treaty process is a six-stage process, where negotiations over territory or resources do not start until Stage Four. "All the parties need to sit down and fix it to make it better. We should be opening up experimentation, so there is an incentive to settle rather than needlessly prolong negotiation," said Penikett.
   He added that the decision could help reform the existing treaty process. "Confrontation and litigation will not lead to peaceful co-existence and self-government. But there needs to be movement and reform in the current process as an incentive to be involved. That is lacking right now," he said.
   Mike Harcourt, a former BC premier who set up the modern day treaty process when the court case was originally launched in 1992, told IPS, "Negotiation, when done properly, gives the aboriginal community the opportunity to be self-sufficient and share the bounty of economic development."
   "The courts have recognised that aboriginal rights and title exist. We've had 15 years of valuable experience in the BC Treaty Process. Most bands have an idea of what their rights and title are. They have done GIS mapping, know their territory, know the opportunities, and know what the opportunities are when they get out of the Indian Act."
   "Instead of being vague, the courts have clearly defined that the Crown has limited jurisdiction over forestry, mining and tourism in areas where land disputes exist," he said. "Natural resources will be applied and First Nations will benefit. Aboriginal self-government will be a fourth level of government in Canada."
   Harcourt added that through this process, a revitalisation of the treaty process is inevitable.
   "First Nations should not be forced to pay legal costs," he said. "There should be a greater focus on the end game of where we want to end up with negotiations. There are not enough resources in Stage Six, the final implementation stage. We need to work together to develop a long-term vision, a long-term community plan, economic development and governance structures. We need to be training people to run their own government."
   Harcourt added that the self-government structures in place need to meet the test of the Canadian Charter and still reconcile with traditional culture and elders in developing people who have the capacity for sustainable governance in the future.
   "In the treaty process, we've had crash landings, hard landings and, occasionally, soft landings. We need really good health, social services and administration of justice regimes. We need to figure out how to dismantle Indian Affairs. Businesses are going to have to do joint ventures, capacity building and mentoring. Municipalities are going to have to realise that First Nations are not under their jurisdiction. We have a long way to go," Harcourt concluded.
   -Inter Press Service

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Fazle Rashid

Grim predictions on Bangladesh
   A Bangladeshi-Australian, an economist and banker by profession, made a trip to Bangladesh to visit relatives. He said the euphoria that surrounded the coming into power of the present government has long evaporated and people are living in a state of stupor.
   The government, he feels, should immediately roll up its sleeves and hold a free, fair and honest election that will reflect the genuine will of the people. They should refrain from 'doctoring' the outcome of the polls.
   The visiting Bangladeshi on his return said economy has slipped into an abysmal depth. Traders and businessmen have been terrorised. The government has reaped a rich harvest in the form of tax collection but in the coming fiscal year revenue earnings will hit rock bottom and the government may not have enough fund to pay its employees.
   The damages caused to economy by two successive deluges and hurricane Sidr and slowing down of economy due to government's draconian measures will take a long time to repair.
   Government he feels is overacting in its drive to stamp out corruption. Economy has come to a total standstill. A sense of fear and uncertainty is gripping the entire nation.
   
   Iran is dangerous
   Iran was dangerous, Iran is dangerous and Iran will be dangerous if they have the knowledge necessary to make a nuclear weapon, President Bush said.
   Bush's assertion came barely 24 hours after the National Intelligence Council declared that the Islamic state halted its nuclear weapons programme in 2003. It is a reversal of its earlier assessment that Iran is intent on developing a nuclear arsenal. "We judge with high confidence that in fall 2003 Tehran halted its nuclear weapons programme." NIC is composed of 16 intelligence and security agencies.
   The White House, as in the case of Iraq, gives a damn to intelligence report on Iran. The White House, ignoring the report of the UN arms inspector that Iraq does not possess weapons of mass destruction, invaded the country.
   The White House refused to rule out military action, United States plans to push ahead with its UN-sponsored sanctions against Iran. Washington will find very little support from others. China and Russia will oppose and others will be reluctant to pursue the move. Vladimir Putin who visited Iran has said Russia will oppose sanctions. China has spoken in the same way.
   President Ahmedinejad has demanded an apology from US for blackmailing Iran. He also wanted to know why should Iran be prevented from enriching uranium when it is not prohibited under Nuclear Non-Proliferation Treaty. India, Pakistan which again test-fired a missile on Tuesday capable of hitting targets well inside India, and Israel which is the fourth largest exporter of weapons, are not signatories to the NNPT,
   Another stunning report leaked out recently revealed that CIA had initiated a secret programme in 2005 designed to degrade Iran's nuclear programme by persuading key officials to defect scientists. Military officials to defect has been a hallmark of CIA efforts against an array of targets ranging from Russia to Iraq. Iran's nuclear knowhow is thin enough that it could be depleted, CIA officials said.
   
   Bank of South
   The decision of the seven South American nations to float a bank under the style 'Bank of South' will unnerve both the World Bank and the IMF. The decision to float a bank demonstrates their independence from the multilateral lending agencies which have been blamed for past economic crises.
   President of Argetina, Ms. Chistrina Fernandez, who was sworn into office only a day earlier was among the Presidents of Bolivia, Brazil, Ecuador, Paraguay, and Venezuela and a representative from Uruguay who signed an act forming the bank.
   The WB, IMF and ADB -- all plagued with liquidity crisis, corruption, cronyism and sex scandals -- face the threat of extinction with the floating of the Bank of South, flourishing of capital markets and China flooding Africa with loans on easy terms.
   The Bank of South will finance development projects and will be with initial capital of $7.9 billion with the bulk of it coming from Brazil, Venezuela and Argentina contributing $800 million each. Each country will have equal say.
   The bank will be based in Caracas, Venezuela. But the bank's structure would not allow fiery Hugo Chavez to dominate it.
   Brazil the economic power house and a close ally of Washington was initially hesitant to join but finally agreed to be on bank's board if it works as a development lender rather than as a provider of loans to countries in economic crises. Both WB and IMF are despised in South America because they impose tight restrictions as condition for lending,
   Argentina and Brazil have repaid their IMF loans. Uruguay is in the process of repaying its debts. Venezuela will relinquish its IMF membership. Chile and Peru who are not in best of terms with Hugo Chavez are expected to join the bank's board soon.
   Putin endorses a businessman to be his successor
   President Vladimir Putin has endorsed the candidacy of Dmitry Medvedev, chairman of the gas giant Gazprom for next year's presidential election. Putin stood behind Dmitry now the first deputy prime minister ending months of speculation.
   Investors see Dmitry as business friendly and less hostile to the West than the other aspirants for the presidency. Presidential vote in Russia will take place on March 2. Dmitry will remain in Putin's shadow, Putin's United Russia Party won a landslide victory in the parliamentary polls which opposition say were rigged. Opposition is planning to protest the outcome of the polls including boycotting the parliament.
   Former Soviet leader Mikhail Gorbachev, who propounded of the perestroika and glasnost is often blamed for the dissolution of the Soviet Union as an agent of the CIA. He profusely praised Putin saying he has pulled Russia out of chaos and is assured of a place in history despite Western condemnation that Putin has throttled democracy.
   Gorbachev however conceded that there have been media suppression and election rules that run counter to the democracy he promoted.
   
   93 million remain out of school
   Approximately 93 million children around the globe receive no education, a UNICEF report revealed. Though there has been a 20 per cent reduction in the number of children without formal education but the figure remains far short of Millennium Development Goals for all children to receive education.
   
   Media Mogul in troubles
   Conrad Black, the media Mogul who once owned The Daily Telegraph, Chicago Sun-Times, Sydney Morning Herald and Jerusalem Post, has been accused of fraud and stealing of money. Black has looted millions of dollars from his Hollinger media empire. Black has denied any wrong doing.
   
   China's economy
   China has declared it will keep tightening monetary policy even as a survey revealed that its manufacturing sector, the mainstay of its booming economy, is shattering because of a softening demand.
   The policy planners said the priority will be to avoid overheating and prevent inflation from taking hold. China will stick to a tight monetary policy and curb investment and pollution of environment by discouraging energy-intensive companies.
   The world is enduring a third oil shock as crude traded at record high of $100 a barrel. But unlike the oil shocks of 1973 and 1980 global economy remains solid analysts said. The price o crude has jumped from $30 a barrel in 2004 to $100 a barrel now.
   OPEC said the current oil price does not reflect supply-demand situation. The price has surged due to geopolitical reasons like Iran's bid to possess nuclear arsenal, Venezuela nationalising the oil industry and steep rise in demand in accelerating economies like China.
   
   African pledge
   African leaders pledged to uphold democracy and rule of law when autocrats signed a declaration ushering in a new era of open politics. Their pledge came at the end of a summit held at Lisbon in which European leaders also participated.
   Signatories to the declaration included President of Sudan, Omar Bashir who seized power in a coup and is waging a mindless war in Darfur, Meles Zenawi, prime minister of Ethiopia, who jailed entire opposition leadership after holding a widely abused and rigged election and president of Nigeria Umaru YarAdua who declared himself a winner after an election which was condemned world wide.
   In all 13 of the African leaders seized power by force and two inherited their powers from their fathers. Observers are skeptical about the sincerity of the African leaders.
   They commit to democracy and human rights but do nothing about Zimbabwe, they commit joint action to protect civilians but people in Somalia andDarfurare allowed to die. They commit to combat corruption while banks in Europe stash ill gotton wealth of of the African dictators, the observers point out.

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Jonaid Iqbal

The three-day-long tenth development conference hosted by the SDPI (Sustainable Development Policy Institute), a Pakistani think tank, ended here on Wednesday.
   In his welcome address SDPI acting executive director Dr Abdul Qayyum Suleri, said his organisation provided research-based policy advice to the government and civil societies of South Asia on sustainable development issues. The government here had asked his organisation to complete National Development Strategy, contribute technical input to health issues for Vision 2030, ad for domestic preparedness for service liberalisation, trade policy and laws related to farmers, and in formulating pro-poor agricultural initiatives, yet the institution was being starved of funds for research. Well, that is the lot of well-meaning organisations who at times disagree with the government on how best to formulate government policies.
   Shoaib Sultan, Chairman of National Rural Support Programme, who has worked for the Aga Khan Support programme in such places of the northern areas as Gilgit, where passions between two sectarian communities runs high, said that initially village elders, used to tell him that they would like to have the Aga Khan organisation in their area but would be afraid, that some people might break their legs. The same people, seeing their grand work in changing the lives of the people had worked so well, were now insisting that he come and work there.
   Shoaib Sultan is a former civil servant and also a disciple of the late Akhtar Hameed Khan, a former member of the ICS, who founded what is now the Bangladesh Academy of Rural Development or BARD at Comilla. [Sultan told me that the late A. Z. M. Obaidullah Khan (Sentu Bhai) was one batch junior to him. Sentu Bhai was once director of BARD].
   In his presentation he said that Akhtar Hameed Khan had taught him how to change the lives of people in the rural areas. Mr Khan would tell him that a pre-planned development strategy would never work and involving influential people in grassroots development work is sure to wreck the plan.
   Based on Khan's advice, Sultan said that before launching a programme anywhere in a rural area, he would first consult people and listen to them about their own priority, and let them work for it. At one place when some one asked the limit of the project he told them it would go upward as far as the villagers were willing to take it to.
   He narrated the example of a village on the other side of a river along the Silk Route (Karakorum Highway constructed with the assistance of Chinese engineers) where he had to reach sitting in a basket, because there was no bridge. When he went there to the ramshackle village there was no school, health clinic or electricity.
   Today, the village sparkles with electricity, which came through a small indigenously fabricated hydro power plant, and every modern facility is now there built through hard work of village residents.
   Besides Pakistan, delegates to the conference came from Bangladesh, India, Sri Lanka and Nepal. Here we met Mukherjee, a delegate from India, who teaches at the Jawharlal Univrsity at New Delhi.
   Aneel Salman told the role of Gramin Bank in empowering the rural women of Bangladesh through cellular phones. The bank has taught these women how to operate the mobile phones, and keep billing account, as well s deposit the money in the bank. He said the rural women had the monopoly over cell phone business, while control of fixed and wireless phone system rests with two companies, one operating in the north and another in the south of the country.
   While the development conference is crowded with discussion sessions, we might mention here the book titled "Missing Links in Sustainable Development Activities: South Asian Prespectives", in effect a report of activities of the ninth conference held in India last year. SDPI hosts one development conference each year.
   This book has 17 chapters such as Women and Human Society in Bangladesh and Pakistan; Gilgit's Sunni and Shia Conflict; The Underbelly of Globalisation, Gender and Economic Integration in South Asia, Feminisation without Uinionisation; Trade, Aid and Security; Business First and Politics Later; Adivasi Rights; Myth or Magic, Private-Public Partnership, and so on.
   NWFP caretaker chief minister Shamsul Mulk said that no poverty reduction programmes would be meaningful with real progress to help present-day destablised South Asian societies to prepare for the challenges of the 21st century.
   He asked the delegates to come up with innovative solutions based on local expertise that have survived generations of development. It would merely become an exercise in chanting mantras about reducing poverty and said, 'South Asia needed sustainable solutions to the problems of disaster management, environmental degradation, gender equality, illiteracy, insecurity, mortality, morbidity, poverty, which are common in the region, including Pakistan.'
   He also suggested that the solutions proposed by delegates must have multi-disciplinary approach, which is now badly needed to bridge the gulf between research and policy.

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