Thank you so much.
[Witness speaks in indigenous language]
Thank you so much for having me this morning. I am very glad to be here on the unceded territory of the Algonquin nation, a proud Mi'kmaq from Nova Scotia. My good friend is here, our MP Andy Fillmore. I have worked on some projects with him.
The Assembly of First Nations has not taken a position on the private member's bill, Bill C-391, an act respecting a national strategy for the repatriation of aboriginal cultural property. During our summer assembly, the Chiefs-in-Assembly passed a resolution that directed the AFN to ensure that any future national strategy on the repatriation of indigenous cultural property be created with the full participation of first nations and uphold the standards set out in the UN declaration. I expect the issue raised by this proposed Bill C-391 will be reviewed by the chiefs this coming December in our winter assembly.
First nations across the country have long expressed the need for the creation and implementation of legal protection to ensure repatriation of all ancestral remains, sacred objects and objects of cultural significance. In 1994, the Assembly of First Nations created a task force with the Canadian Museums Association that developed ethical standards on how first nations and museums would work together on respecting the interaction of repatriation.
While that work stands the test of time, we note the need for informed legal analysis on this matter, one that takes into account significant legal documents since 1994, such as the adoption of section 35 of the Constitution Act, 1982, which recognizes and affirms the treaty and inherent rights of first nations; and in 2007, adoption by the UN General Assembly of the UN Declaration on the Rights of Indigenous People.
First nations across Canada have experienced many violations of our rights. Ancestral remains, sacred objects and objects of cultural significance have been taken without free, prior and informed consent of first nations. This is what most people think of when they speak about repatriation of our cultural property—heritage and our materials—but it's also important to note a crucial repatriation issue: intangible property.
First nations have lost access to recordings of voices, the voices and stories of our elders that were collected from our people by all the researchers. These sacred stories, histories and lessons from the land are often deposited in museums and archives, gathering dust when they could be helping rebuild our nations and connection to our landscape and to our history.
Action is needed that respects first nations protocol and our human rights as people. Guidelines were developed 24 years ago by the task force on museums and first peoples, but there was no enforceability, and there still isn't. Discretion and power have been left in the hands of the museums. This situation doesn't align with the obligations Canada has under the UN declaration. The Government of Canada has moral and legal duties to assist indigenous peoples to secure the return of property and materials that were illegally and deceptively taken from indigenous people, and they must work with indigenous people to establish a pathway home.
First nations and Canadian museums have developed a case-by-case approach to repatriation requests that respects different circumstances. After all, there are 58 different indigenous nations in this country. As your committee has heard, first nations require resources to participate in many of these endeavours or to bring about repatriation of our own items. There is a need for a full engagement process as well as a thorough legal analysis to understand the diverse situations of first nations across Canada.
We encourage Canada to explore a structured and fully supported dialogue process with first nations. I bring to your attention that the Chiefs-in-Assembly have passed numerous resolutions relating to repatriation. The chief has also directed the AFN to call upon federal and provincial and territorial governments to acknowledge their moral and fiduciary responsibilities to assist first nations across Canada in their domestic and international repatriation efforts. To deny first nations access or control is to impede first nation rights to a self-determination guaranteed by our inherent treaty rights, constitutional rights and international human rights. We must examine what policies and legal framework are required to guide museums in the relationship and interaction with first nations.
A law that simply encourages owners to return property will not achieve the aim of protecting and respecting first nation rights and advancing reconciliation. Many items were sold to museums or private collections under conditions of duress. People were starving. First nations have never consented to the relocation of their ancestral burial remains to museums.
First nations need commitment and action from the federal government to locate, gain access to and repatriate cultural items held domestically and in collections outside of Canada. Ultimately, there must be enforceable measures for those holding sacred first nation items and burial remains to respect the protocols and rights of first nations.
Our communities must be partners with agencies and authorities throughout the decision-making process and application process. Canada's role would include promoting and supporting the return of our cultural property and materials. The principles within the UN declaration should be used as a framework for any decisions on repatriation. First nations should not be limited in their presentation of their own past, present and futures.
In the spirit of reconciliation, the wilful erosion of first nation cultures and languages by previous generations calls for expenditure of public funds. Any new legislation on repatriation that seeks only to encourage repatriation does not go far enough in affirming first nation rights, especially legislation that is not co-created.
In the short term, there are a number of steps Canada can take:
Fund and take action to support first nations in the return of our tangible and intangible cultural heritage and ancestral remains. In the same way, language revitalization action is needed to preserve our protected languages. Cultural heritage faces endangerment, and we cannot wait to act on repatriation to revitalize our indigenous culture;
Develop a domestic and international catalogue. A record of objects of ancestral remains currently held by museums, archives and other institutions must be established.
We need co-development of the process. Actions should be taken to develop an indigenous peoples-led framework to equally recognize the knowledge of indigenous peoples and our rights to make decisions about our tangible and intangible heritage.
Hundreds of years of cultural erosion cannot be overcome simply through small steps. Longer-term steps should be included. There should be robust legislation that is directed by indigenous-led policy development and a review of current policies and practices that identify where indigenous peoples' values and rights have been excluded.
Provide funding and support for the inclusion of indigenous peoples' legal traditions and protocols and cultural heritage policies and legislation.
Carry out audits of museums' and other institutions' past practices in repatriation and an audit of the failure to implement the recommendations of the 1994 Task Force Report on Museums and First Peoples.
Look at reviewing international policies and legislation to understand what has and what has not worked in their repatriation legislation—for example, the Native American Graves Protection and Repatriation Act. The U.S. has some great successes, but it also creates stress on the relationships between parties through a rigid framework and lack of funding to support the work required.
First nations across Canada should be able to maintain, protect and have access to our religious, ceremonial and cultural sites and objects and have a collective right to repatriation of our ancestral remains, sacred objects and objects of cultural significance.
I want to thank the committee and Bill Casey, our MP back home, for raising the profile to another level. I think this is so important for us to build co-operatively with a new narrative for all Canadians and for all our people.
Wela’lioq.