Derek Neary
Northern News Services

FORT SIMPSON (Aug 13/99) - While the Canadian government may refer to self-government negotiations as "land claims," and still espouses the extinguishment clause, there is international support for the legality of the original treaties, according to Sharon Venne.

Venne, the chief negotiator for the Akaitcho Territory, cited a report written by Miguel Alfonso Martinez, a United Nations-designated specialist on treaties which states that the treaties are as valid today as the day they were signed.

"Dene peoples never gave up title to their lands," she said at the Deh Cho Assembly last Thursday. Furthermore, First Nations people entered into treaties with the British Crown at a time when Canada didn't have any legal status, she said. The "basic problem" has always been that Canada has never wanted to comply with the obligations of the treaties, according to Venne.

When Nunavut and the Nisgaa of British Columbia extinguished their inherent land rights, the federal government tried to portray this as a positive development, she said.

"The biggest question is if we didn't already own the land, why would the government of Canada want us to extinguish it?" asked Venne, who had made a presentation before United Nations delegates in Geneva, Switzerland three weeks ago.

Erica Daes, chair rapporteur with a UN study on the land rights of indigenous peoples, has been asked to research Canada's use of the extinguishment policy, said Venne.

As well, she said an action has been filed with a human rights committee in regards to the practice of issuing land licences and permits without the consent of the public, which violates international law relating to treaties.

A request has been made to have the committee look into how people's health is being affected by land development, she said. She added that the committee has the authority to issue a "cease and desist" order if circumstances warrant.