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TREATY NEGOTIATIONSAfter stopping the negotiation of treaties for the taking of our
lands in the 1850's, government finally agreed to restart treaty
negotiations in the 1992 when Canada, BC and First Nations accepted
the 19 recommendations of the BC Claims Task Force and established
the BC Treaty Commission. In December 1993 the BC
Treaty Commission began receiving statements of intent from First
Nations wanting to negotiate a treaty with Canada and BC.
Cowichan responded to these developments by approaching our
neighbors and suggesting we join forces to negotiate treaties for
our respective commuinities. Our argument was that not
only would we be stronger as a united group; but that we wee
surrounded to the south (Saanich) and north (Nanaimo) by
communities who had signed treaties - in fact James Douglas had
promised to purchase lands from us but never did. Thus
in 1993 the Chiefs of Malahat, Cowichan, Halalt, Lyackson,
Penelakut, Lake Cowichan and Chemainus signed a political accord to
work together, and selected Dennis Alphonse as the political
spokesperson for the Chiefs. Since the Hul'qumi'num
Treaty Group was founded in 1993 these six First Nations have
joined together as one in the BC Treaty Process, representing over
6,000 members. Hul'qumi'num is the shared language that
connects us, as do our common traditional territories, culture, and
history. The Chiefs also submitted a statement of
intent to negotiate to government and provided them with a
prelimiary map of the traditional territory of the 7
communities.
In 1994 the Hul'qumi'num Treaty Group is incorporated as a
society for the purpose of negotiating a treaty on behalf of 6
communities (Malahat decided to join a Douglas Treaty negotiating
group). For Cowichan a mandate was achieved at a
community meeting in 1995, and also at that meeting community
appointed an elders advisory committee. Through a
series of community meetings mandates were obtained to enter into
treaty negotiations. In 1996 the Hul'qumi'num Treaty
Group Mission Statement Drum was signed by all the Chiefs at a
traditional ceremony held at Somena Big House.
With the appointment of Ernie Elliott as Chief Negotiator the
HTG were declared ready to enter negotiations by the BC Treaty
Commission.
The next step was preparation for negotiations. This
involved establishing an organization to carry out negotiations,
incorporating that orgainzaiton, obtaining a mandate from community
to enter into treaty negotiations in unity with the other
communities and to partially fund this process through loans to be
repaid once a treaty is finalized. The last item to be
completed before negotiations could begin was the appointment of a
Chief Negotiator.
The mission statement written on the drum states the
following:
The parties to the Political Accord assert Aboriginal rights, titles, and interest with respect to their traditional territories. the Hul'qumi'num Treaty Group, representing Vancouver Island Salish Nations who share their interest in their land extinguished, recognize that the treaty making process is an opportunity to complete unfinished business with the federal and provincial governments.
The Hul'qumi'num Treaty Group will negotiate to
recognize and protect a way of life based on an economic and
spiritual relationship between Hul'umi'num First Nations and the
environment. The Hul'qumi'num Treaty Group will ensure
that the Chemainus, Cowichan, Halalt, Lake Cowichan, Lyackson and
Penelakut First Nations fully participate in all aspects of the
treaty negotiation process.
In 1997 the parties began negotiating a Framework Agreement
which basically is an agreement whereby the parties agree to what
is on the table for negotiation. For HTG, and Cowichan,
what was of concern was private lands, compensation for past wrongs
and interim measures (which are agreements made before a treaty is
concluded such as the government agreeing not to log lands that may
be turned over to a First Nation once a treaty is
negotiated). An agreement was signed at the end of 1997
and although the above mentioned items were not specifically
mentioned HTG negotiators were assured that by virtue of
recommendation 2- that each of the parties be at liberty to
introduce any issue at the negotiation table that it views as
significant to the new relationship that these matters could be
brought forward. The Framework Agreement is ratified by
the communities.
In 1999 the parties entered into Agreement-in-Principle
negotiations, otherwise known as the "real stuff" where the parties
attempt to reach agreement or approaches to all the
issues. Robert Morales is selected as a full time Chief
Negotiator and in 2000 HTG is restructed to centralize the
negotiating team.
The six nations of the Hul'qumi'num Treaty Group are strongly
positioned in meeting the challenges that the process
hold. The hope of the Hul'umi'num Treaty Group is that
the result of the negotiations comes to a fair and just resolution
to the claim. The Hul'qumi'num Treaty Group aims to get
to 100%.
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