The subtle point here is on talking[read consultation] "before mineral claims are made." If that were law, free entry would be at an end.
Of course we want more than talk. And we want to talk to the Crown and not to the companies. We want the right to say no [not here, not now(we need to plan, we need to build capacity, we need to resolve our land claims] and not without our consent.
The problem with all these protocols, AFN, NAN bilateral etc is that they are built on the premise that issues arising from the politics of the three nots have been resolved.
And they help build a false division between so-called pro-development and anti-development First Nations.
Often communities facing the twin challenges arising from the failure of the Crown to actually implement the Treaties and the costs of litigation simply make agreements.
That is not to say that these "open for business " communities disagree with the the politics of the 3 nots. For them a deal represents consent.
The limitations of these AFN style protocols become clear when we have the Temex's or other junior miners who say no deal when all around them their competitors are making agreements with communities.
There is some honesty in this article on the flak the AFN is taking, from KI( and even from some mebers of the NAN executive) for appearing to promote mining as a last best hope for First Nations.Personally I think the National Chief is making a mistake on the roles and responsibilities of the AFN.But then again the era of federally funded First Nation advocacy organizations is waning. The AFN can read the cards and are searching for a new identity.
But this time the AFN are looking for love in all the wrong places.
Recent deal aimed at ending clashes between mining industry, aboriginals
13 hours ago
FORT MCPHERSON, N.W.T. — Miners and aboriginals have been on opposite
sides for long enough, says the grand chief of the Assembly of First
Nations.
Phil Fontaine was at the Dene National Assembly on Wednesday pushing a
recent deal with the mining industry that he hopes will end clashes
that have seen aboriginal leaders jailed and prospectors forbidden to
explore land on which they hold legitimate claims.
"We wanted to ensure that if development was going to take place, it
would take place in an orderly manner and the companies interested in
development were respectful of First Nations," he said from Fort
McPherson, N.W.T., where the assembly is taking place.
Conflicts over land use have upset both aboriginals and mining
interests in recent months.
Seven northern Ontario aboriginal leaders served almost 10 weeks in
jail after protesting resource exploration on their traditional lands.
In the Northwest Territories, uranium prospectors have been frustrated
by regulatory decisions that cited aboriginal concerns in blocking
low-impact drilling on land that had been legitimately staked.
In March, the AFN and the Prospectors and Developers Association of
Canada signed an agreement intended to get the two parties talking
before any conflicts occur.
"The protocol talks about respecting community people's view of the
world," said Bill Erasmus, the assembly's regional chief in the N.W.T.
"It talks about consultation. It talks about improving relations."
It also talks about certainty of access.
The agreement says both sides "recognize that access to lands for
mineral exploration is critical to sustaining a healthy mining industry
in Canada."
The key will be to get companies and First Nations talking before
mineral claims are made. Right now, companies don't have to consult
with a band when staking ground, even if that land is considered
traditional territory.
"Some of our people have land-use plans," said Erasmus. "Some areas
they may not want to develop because they're sacred sites. Other sites
are different."
Miners just want to know the rules - and be assured their plans won't
be available to competitors before the rights to an area are locked up.
"We do have to see a system where a company cannot be scooped," said
association past-president Bill Mercer, who spoke at the assembly.
"The key objective is to put in place better consultation."
Fontaine said the AFN believes that resource extraction is one of the
few economic cards many remote bands - especially those in the North -
have to play. Any plans to develop self-supporting economies in those
communities have to include the mining industry.
Not everyone agrees, he acknowledged.
"There are some First Nations communities that are not entirely happy
we have signed this agreement."
The agreement mentions business partnerships, investments, education
and employment, but it contains no binding targets or timetables.
"The (agreement) is more a commitment of goodwill and determination to
do right," said Fontaine.
More open lines of communication are the agreement's main goal, said
Mercer.
"One of the key things is to develop better methods to work together.
The smarter companies right now will be talking to the communities
earlier."
- By Bob Weber in Edmonton
