THUNDER BAY – Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy today acknowledged the Government of Ontario’s efforts to address First Nations concerns through the Mining Act amendment bill passed by the legislature Wednesday, but remains adamant that NAN First Nations must have the right to decide on mining activity in NAN territory.

“We recognize Ontario’s effort to make the revised Mining Act the first legislation to recognize Aboriginal and treaty rights,” said Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy. “Our primary concern remains that NAN First Nations must have free, prior and informed consent before any activity can take place in their homelands”.

The Grand Chief acknowledged that progress has been made in addressing some concerns of NAN First Nations since the introduction of the Mining Act amendment bill in April 2009, but said more work needs to be done.

“We are pleased that Ontario has incorporated a dispute resolution process but we need to ensure that it works for First Nations,” said Beardy. The Grand Chief remains concerned that the legislation does not fully recognize the rights of First Nations to decide on mining in NAN territory.

“Free, prior and informed consent means that no prospecting, staking, exploration or mine development can proceed without a written agreement in place with the First Nation,” said Beardy. “That is the standard expressed in Article 32 of the United Nations Declaration on the Rights of Indigenous Peoples. That is the standard we expect Ontario to meet”.

Article 32 of the UN Declaration on the Rights of Indigenous Peoples

1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.

2. States shall consult and cooperate in good faith with the indigenous 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.

3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
[complete text of UN Declaration at http://www.iwgia.org/sw248.asp]