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Title: Letter to the Crown Author: BeadsAgainstFascism Date: November 13, 2020 Language: en Topics: indigenous, Canada, monarchy Source: Retrieved on 19th May 2021 from https://iaf-fai.org/2020/11/13/letter-to-the-crown/
My history on these lands begins long before yours does– at least 15,000
years ago. Over these fifteen millennia, our peoples have developed
informed and respectful ways of sharing this land and water with each
other and with our non-human relatives. Approximately 500 years ago,
after we had already spent at least 14,500 years learning, sharing, and
growing with our lands, white settlers arrived in the Americas. After
this defining moment, our ways of existing were altered henceforth. Thus
began, at the hands of white colonizers, the genocide of approximately
90% of our populations. As this process was very intentionally enacted
and carried out, another process was taking place: settler colonialism.
This is an ongoing process and a form of genocide which is occurring
right this very minute, one which necessitates the replacement of
Indigenous ways of living, cultural and spiritual practices, our
communities and very selves, with those of settler culture and society.
Contemporarily, one facet of this process is evidenced in the disregard
and active repudiation of Indigenous sovereignty, and in the specific
case relevant to this letter, the sovereignty of the Wet’suwet’en
people.
In regards to why I participated in the non-violent blockade of the
railway, I assert that the Wet’suwet’en people, who vehemently oppose
all pipeline development on their land, have full and unrestricted
sovereignty over all of their lands, both unceded and those covered by
treaties. We also demand the settler colonial state be held accountable
to uphold its own freely-made commitment to Nation-to-Nation engagement.
There has been and continues to be active State militarization and
mobilization on Wet’suwet’en land; there have been media blackouts and
areas where journalists have been barred from entering; the settler
state known as “canada” continues to force through this environmentally
catastrophic project, and we refuse to accept or allow this. In the face
of the aforementioned media restrictions, we also insist the canadian
public has a right to know what their government is doing.
In terms of methods, we had tried a multitude of tactics to bring to
public awareness the canadian government’s actions in Wet’suwet’en
territory, and many methods were effective on some level. Meanwhile,
canada’s human rights abuses and violation of Indigenous sovereignty
never ceased for even a moment. While we as allies worked to support the
Wet’suwet’en and ensure the canadian public knew what their government
was doing in their name, Wet’suwet’en people were still fighting on the
frontlines every day, the pipeline project was progressing every day,
and militarization and policing were ever-increasing. The canadian
government was (and continues to be) committing daily violence on the
Wet’suwet’en people as time passes; they inflict harm and instill trauma
that may be irreparable. This was not the time for holding signs in
Queens Park; the lives, safety, health, and well-being of human beings
and their Indigenous territories were, and are, on the line, as well as
the health and safety of us all as the climate warms. We made the
decision to escalate our tactics because no one going about their daily
life will look– and truly see– until we make them see. We can pass out
pamphlets when lives are not on the line. But when the canadian
government is brutalizing Indigenous peoples daily while attempting to
force through a new pipeline in the midst of a climate apocalypse, we do
not have the luxury of protesting in a way that does not disrupt
someone’s day. We needed to draw mass attention, and we needed it done
immediately. What we did was very reasonable; some peoples’ commutes
home were delayed, but for the greater good of bringing attention to
egregious violations of Indigenous sovereignty, and the heinous
attempted construction of a federally funded pipeline while we are
already feeling the devastating effects of permanent climatic warming.
Our actions received nation-wide coverage to these dire, and completely
avoidable, circumstances. The public needs and deserves to know what the
canadian government is doing in their name, and we helped to make them
know.
In regards to the canadian government’s treatment of the Wet’suwet’en
people and their land and how it fits into the broader context of
canada’s ongoing legacy of genocide and settler colonialism that
continues to this day, one relevant piece of international law comes to
mind. The United Nations Declaration on the Rights of Indigenous Peoples
(UNDRIP) is a resolution passed by the United Nations in 2007. It was
adopted as international law by 144 countries. 11 countries abstained,
and 4 countries voted against it. Canada is among those four. If canada
had adopted UNDRIP, its actions in Wet’suwet’en territory would be in
violation of the following articles of this UN resolution:
“Indigenous peoples have the right to self-determination. By virtue of
that right they freely determine their political status and freely
pursue their economic, social and cultural development.”
Indigenous right to self-determination has been thoroughly and
repeatedly violated.
“Indigenous peoples, in exercising their right to self-determination,
have the right to autonomy or self-government in matters relating to
their internal and local affairs, as well as ways and means for
financing their autonomous functions.”
Wet’suwet’en right to autonomy and self-government in matters relating
to internal and local affairs has been both violated and usurped.
“Indigenous peoples have the right to maintain and strengthen their
distinct political, legal, economic, social and cultural institutions,
while retaining their right to participate fully, if they so choose, in
the political, economic, social and cultural life of the State.”
Wet’suwet’en peoples’ right to maintain and strengthen these
institutions has been violated, for example in the disregard for the
unanimous ruling against the pipeline development by the Wet’suwet’en
hereditary chiefs.
“States shall provide effective mechanisms for prevention of, and
redress for:
(b) Any action which has the aim or effect of dispossessing them of
their lands, territories or resources;
(d) Any form of forced assimilation or integration”
Intentional and irreparable harm is being committed against the
Wet’suwet’en including dispossession of their lands, territories, and
resources; they are also being forced into assimilation with these
actions on threat of military retaliation.
“Indigenous peoples shall not be forcibly removed from their lands or
territories. No relocation shall take place without the free, prior and
informed consent of the indigenous peoples concerned and after agreement
on just and fair compensation and, where possible, with the option of
return.”
The Wet’suwet’en people are being forcibly displaced from areas of their
traditional and contemporary territory by this pipeline and its
construction.
“States shall provide redress through effective mechanisms, which may
include restitution, developed in conjunction with indigenous peoples,
with respect to their cultural, intellectual, religious and spiritual
property taken without their free, prior and informed consent or in
violation of their laws, traditions and customs.”
Canada continues to take cultural, intellectual, religious, and
spiritual property without free, prior, and informed consent and in
violation of Wet’suwet’en laws, traditions, and customs, with zero
effective redress.
“Indigenous peoples have the right to participate in decision-making in
matters which would affect their rights, through representatives chosen
by themselves in accordance with their own procedures, as well as to
maintain and develop their own indigenous decision-making institutions.”
The Wet’suwet’en peoples’ right to participate in matters that would
affect their rights has been violated and disregarded, including
disregard for the decisions made by the Wet’suwet’en hereditary chiefs,
who are the peoples’ chosen representatives.
“States shall consult and cooperate in good faith with the indigenous
peoples concerned through their own representative institutions in order
to obtain their free, prior and informed consent before adopting and
implementing legislative or administrative measures that may affect
them.”
Canada has consistently neglected to consult and cooperate in good faith
and has totally neglected to obtain free, prior, and informed consent
regarding this pipeline and almost every other relevant instance
impacting Indigenous peoples.
“Indigenous peoples have the right to determine and develop priorities
and strategies for exercising their right to development. In particular,
indigenous peoples have the right to be actively involved in developing
and determining health, housing and other economic and social programmes
affecting them and, as far as possible, to administer such programmes
through their own institutions.”
The Wet’suwet’en peoples’ right to determine development has been
completely violated.
“Indigenous individuals have an equal right to the enjoyment of the
highest attainable standard of physical and mental health. States shall
take the necessary steps with a view to achieving progressively the full
realization of this right.”
The Wet’suwet’en peoples’ equal right to the highest attainable standard
of physical and mental health has been repeatedly violated over a long
period of time. Their physical health has been threatened constantly by
the state and its military as it illegally occupies Wet’suwet’en land
and threatens land and water defenders, including the violent arrest of
a pregnant Wet’suwet’en woman. The presence of man camps during pipeline
construction and operation is also a direct threat to the safety and
security of Indigenous people, particularly women, girls, and two spirit
people. All of these factors are also deeply detrimental to the mental
health of the Wet’suwet’en people under constant threat by the state,
and whose role as stewards of the land and its health is threatened by
an environmentally disastrous pipeline.
“Indigenous peoples have the right to maintain and strengthen their
distinctive spiritual relationship with their traditionally owned or
otherwise occupied and used lands, territories, waters and coastal seas
and other resources and to uphold their responsibilities to future
generations in this regard.”
Wet’suwet’en ability to maintain and strengthen their distinctive
spiritual relationship with their territories is actively prevented and
threatened, as well as their ability to uphold their commitments to
future generations in this regard.
resources which they have traditionally owned, occupied or otherwise
used or acquired.
lands, territories and resources that they possess by reason of
traditional ownership or other traditional occupation or use, as well as
those which they have otherwise acquired.
territories and resources. Such recognition shall be conducted with due
respect to the customs, traditions and land tenure systems of the
indigenous peoples concerned.”
Wet’suwet’en right to their lands, including stewardship, control, and
development, has been violated. No state protections or recognition have
been provided. There has been zero respect to customs, traditions, and
land tenure systems by the state. All of the above have indeed been
actively disrespected and thoroughly and repeatedly violated.
“States shall establish and implement, in conjunction with indigenous
peoples concerned, a fair, independent, impartial, open and transparent
process, giving due recognition to indigenous peoples’ laws, traditions,
customs and land tenure systems, to recognize and adjudicate the rights
of indigenous peoples pertaining to their lands, territories and
resources, including those which were traditionally owned or otherwise
occupied or used. Indigenous peoples shall have the right to participate
in this process.”
There has been no attempt at a fair, independent, impartial, open, and
transparent process, with zero effective access for Indigenous people to
the process that does exist.
include restitution or, when this is not possible, just, fair and
equitable compensation, for the lands, territories and resources which
they have traditionally owned or otherwise occupied or used, and which
have been confiscated, taken, occupied, used or damaged without their
free, prior and informed consent.
compensation shall take 21 the form of lands, territories and resources
equal in quality, size and legal status or of monetary compensation or
other appropriate redress.”
There has been zero redress in the forms of restitution, compensation,
or otherwise, and harm is ongoing. A lack of compensation has never been
agreed upon by the Wet’suwet’en people.
of the environment and the productive capacity of their lands or
territories and resources. States shall establish and implement
assistance programmes for indigenous peoples for such conservation and
protection, without discrimination.
disposal of hazardous materials shall take place in the lands or
territories of indigenous peoples without their free, prior and informed
consent.
programmes for monitoring, maintaining and restoring the health of
indigenous peoples, as developed and implemented by the peoples affected
by such materials, are duly implemented.”
Indigenous right to conservation and protection of their lands has been
repeatedly violated. No assistance programs exist or have ever existed.
Hazardous materials are certain to harm their lands if the pipeline is
completed and harm has already been caused by construction. No effective
measures can be implemented to monitor and restore health while the
state is still actively pushing the pipeline through.
of indigenous peoples, unless justified by a relevant public interest or
otherwise freely agreed with or requested by the indigenous peoples
concerned.
peoples concerned, through appropriate procedures and in particular
through their representative institutions, prior to using their lands or
territories for military activities.”
Unjustifiable military activities directly threatening the Wet’suwet’en
people have been enacted by the state and are ongoing. There has been
zero consultation with the Wet’suwet’en people on the subject of their
militarized oppression and suppression by the state.
</quote>
and strategies for the development or use of their lands or territories
and other resources.
peoples concerned through their own representative institutions in order
to obtain their free and informed consent prior to the approval of any
project affecting their lands or territories and other resources,
particularly in connection with the development, utilization or
exploitation of mineral, water or other resources.
for any such activities, and appropriate measures shall be taken to
mitigate adverse environmental, economic, social, cultural or spiritual
impact.” </quote> Wet’suwet’en right to determine and develop strategies
for the use of their lands and resources has been thoroughly and
repeatedly violated. Zero good faith consultation has occurred. The
state has actively disregarded the rule of the hereditary chiefs, the
peoples’ representative institution. Zero free, prior, and informed
consent from the Wet’suwet’en has been attained by the state. No just
and fair redress has been implemented.
I would also like to direct you to article 43, which states that “the
rights recognized herein constitute the minimum standards (emphasis
mine) for the survival, dignity and well-being of the [I]ndigenous
peoples of the world.” Canada has voted against adopting UNDRIP, which
follows logically considering the colonial state’s egregious historical
and ongoing violations of Indigenous rights and sovereignty. In regards
to canada’s recent actions against the Wet’suwet’en people alone, the
state has committed direct violations of 17 unique articles of the
United Nations Declaration on the Rights of Indigenous Peoples.
Finally, I recognize that we need to understand each other in order to
resolve these issues in “canada”. Indigenous peoples have been living on
and with the land for at least 15,000 years. Settlers arrived in 1492
and proceeded to commit (before or since) unprecedented genocide against
our peoples. The nation state of “canada” was established in 1867. Since
then, canada forced the majority of the surviving 10% of our populations
into residential schools with the express interest of “killing the
Indian and saving the man”. In these schools, where mortality rates
ranged from 30–60% over five years or 6–12% per annum, Indigenous youth
were forbidden from engaging with any aspect of our cultures, including
education, language, spiritual practices, and more. Instead, entire
generations of youth were immersed in canadian propaganda for many
years, with little or no access to their families or communities.
Indigenous peoples were legally prohibited from practicing our cultures
and spiritualities until the 1960s. The last residential school closed
the year I was born, and I’m only 23.
To this day, Indigenous peoples and our communities are criminally
underfunded and under-served; we are enormously and intentionally
disadvantaged in every socio-economic measure. We are taught in one of
two colonizer languages in our thirteen years in public school. We are
even forced to stand and sing as the colonial state’s anthem plays over
our school’s PA system each morning. The very premise of settler
colonialism is ongoing genocide and replacement of our ways of living,
our cultural and spiritual practices, our ways of relating to the world,
our very communities and selves as human beings. My use of the word
“genocide” is not a metaphor. Every waking moment of our lives, from
birth to death, we are imbued with a deep and thorough understanding of
settler ways. I know for a fact I know settler culture better than most
settlers do. How many settlers can say the same about me and my culture?
About us and our cultures? Can you? I venture to say it is not I who
needs to further understand you; I have done my due diligence and the
settler-colonial occupation known as “canada” has ensured it. But what
have you, in your 500 years of presence on our land, done to understand
me, to understand us?