Deusdedit Ruhangariyo
Special to ICT
Around the world: More than 50 Indigenous fishers in Canada face charges, Western Australia expected to repeal flawed Aboriginal heritage laws, Indigenous seed gatherers cultivate a web of restoration in Brazil, and Airways New Zealand pushes for more Māori air traffic controllers.
CANADA: More than 50 Mi’kmaq fishers face charges
Three years after the initiation of a self-regulated lobster fishery by a First Nation in Nova Scotia, federal prosecutors in Canada are moving forward with charges against numerous Indigenous fishers, APTN News reported on Oct. 19.
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The charges are setting up a court fight over constitutional and treaty rights for First Nations fishers that could end up before Canada’s highest court.
“This is a treaty right that is unresolved,” said Naiomi Metallic, a law professor at Dalhousie University. “The government has tried to sidestep or circumvent this … Canada is turning a blind eye, and the Mi’kmaq are saying, ‘That’s not meeting your obligations.’”
The Sipekne’katik First Nation granted five lobster licenses to its members on Sept. 17, 2020, coinciding with the 21st anniversary of the Supreme Court of Canada’s affirmation of Indigenous nations’ treaty rights to engage in a moderate livelihood by hunting and fishing in eastern Canada.
Related story:
—Mi’kmaw nation, lobster harvesters suing Canada for treaty violations
Violence erupted, however, after the the launch of Sipekne’katik’s “moderate livelihood fishery,” with confrontations at sea, raucous protests and even riots at two lobster storage facilities, one of which was intentionally set ablaze. These fishing activities and the ensuing violence have resulted in criminal charges and civil lawsuits.
As of December 2022, federal conservation officers had confiscated more than 7,000 lobster traps, as other Mi’kmaq bands initiated their own moderate livelihood enterprises. Until now, however, federal authorities had remained relatively quiet regarding prosecutions related to Indigenous lobster, crab, and baby eel fisheries.
Mi’kmaw journalist Maureen Googoo recently reported in Ku’ku’kwes News that about half of those charges intend to argue in court that they possess a constitutionally protected treaty right to catch and sell fish, APTN reported.
Googoo reviewed provincial court records and identified 54 Mi’kmaq fish harvesters from Nova Scotia and New Brunswick currently facing legal proceedings.
A 1999 decision by the Supreme Court of Canada granted Mi’kmaq, Maliseet, and Passamaquoddy bands the right to a “moderate livelihood,” subject to federal regulation for conservation.
Between 2017 and 2023, DFO signed seven interim fishing agreements with 15 First Nations. In March 2021, Ottawa began approving interim moderate livelihood fishing plans, contingent on adherence to federally regulated seasons.
AUSTRALIA: WA’s heritage laws move closer to repeal
Western Australia’s flawed Aboriginal cultural heritage laws are nearing official repeal, National Indigenous Times reported on Oct. 16.
In August, Premier Roger Cook revoked the new laws after significant outrage within the farming community. And earlier this month, a bill aimed at repealing the 2021 act and modifying and reinstating the 50-year-old laws it had replaced was successfully passed in the Upper House of the WA parliament.
Cook anticipates that the new laws will be enacted in November, National Indigenous Times reported.
“We want to get on and implement these laws as quickly as possible to make sure that we can bring in a new regime, a regime that works with Aboriginal people,” he told reporters.
The amendments would facilitate greater participation of Aboriginal people in the management and preservation of their cultural heritage while providing greater certainty and clearer guidelines for industry, he said.
The 2021 Aboriginal Cultural Heritage Act laws were enacted on July 1 in response to the destruction of the 46,000-year-old Juukan Gorge rock shelters by mining giant Rio Tinto in the Pilbara region in 2020.
These legislative changes swiftly passed through both the lower and upper houses within two months, officially taking effect on July 1, 2023, and replacing the 1972 laws.
However, the new laws sparked a backlash among pastoralists, with approximately 30,000 frustrated farmers signing a petition in the weeks following their implementation, calling for either the repeal or modification of the regulations.
BRAZIL: Indigenous seed gatherers key to restoration
A growing network of Indigenous seed collectors in Brazil is forming a crucial link in the ecological restoration process by helping restore thousands of acres of native vegetation, Mongabay reported on Oct. 18.
The effort got a high-profile boost in July, when 15 Indigenous women embarked on a thousand-mile journey from the state of Rondônia in the Brazilian Amazon to Mato Grosso.
They represented Reseba, the Amazonian Bioeconomic Seed Network, which was formed in 2021 by Aikanã, Gavião, Sabanê, Suruí, Tupari, and Zoró Indigenous peoples.
Upon reaching the transition from the Amazon to the Cerrado savanna, they met with the Xingu Seed Network, Brazil’s oldest seed collector association, Mongabay reported.
“It’s very important for us to gain this knowledge from other people who teach us how to produce, clean and harvest seeds,” said Rubithem Suruí, a member of Reseba and representative of the 56 collectors from the Sete de Setembro Indigenous Territory, according to Mongabay.com.
The seed collector networks are instrumental in Brazil’s target to restore more than 30 million acres of native vegetation by 2030. This includes nearly 12 million acres in the Amazon and more than 5 million acres Cerrado, Mongabay reported.
During their Mato Grosso visit, Reseba’s seed collectors met urban collectors from Nova Xavantina, Xingu Seed Network members.
NEW ZEALAND: Airline pushes for Māori air controllers
Airways New Zealand is celebrating the 62nd International Day of the Air Traffic Controller by advocating for increased Māori representation within the aviation industry, Te Ao Māori News reported on Oct. 19.
Airways has also created a website dedicated to assisting pilots and air traffic controllers in accurately pronouncing Māori place names across the country. The website, named “Whakatere,” is also accessible to the public.
“The wish of Airways is to see more Māori enter the industry,” said Mal McGrath, a Ngāti Rakaipaaka descendant and team leader for Airways New Zealand who has also been an air.
Air traffic controllers undergo training to guarantee the safety of aircraft during their movements, including departures, flights and landings. To be eligible for the training, they must possess a minimum of a National Certificate of Educational Achievement Level 2.
My final thoughts
My final thoughts are in Western Australia, which has long grappled with deeply flawed Aboriginal cultural heritage laws that have threatened the preservation of Indigenous culture and history.
These laws are now on the verge of official repeal, marking a significant turning point in the state’s approach to safeguarding its rich Indigenous heritage.
Repeal of these flawed Aboriginal heritage laws is a crucial step toward rectifying past injustices and protecting Indigenous heritage. It also offers opportunity for collaboration, reconciliation, and economic growth, and has the potential to set a positive precedent for Indigenous rights and cultural heritage preservation.
The success of these efforts, however, will depend on the commitment of the government, continued engagement with Indigenous communities, and the development of a comprehensive and inclusive legislative framework.
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