Chief Keith Matthew, Simpcw First Nation - "Water is the lifeblood of the land": acting on...

“Water is the lifeblood of the land”:

acting upon Indigenous water knowledge and rights

to water

Chief Keith MatthewSimpcw First NationAugust 30, 2010BC Water Science Strategy Symposium

“We the Simpcw First Nation, affirm our relationship to Mother Earth and

responsibility to future generations to raise our voices to speak for the protection of

water. We were placed in a sacred manner on this earth, each in our own sacred and

traditional lands and territories to care for all creation and to care for water.”

“Water is the Lifeblood of the Land": Acting upon Indigenous Knowledge of and Rights to Water Chief Keith Matthew, Simpcw, August 30, 2010

Intro: Simpcw Water Declaration


Simpcw Water Declaration: signed August 16, 2010 Indigenous Peoples’ Relationship to Water,

Conditions of our Waters, Right to Water and Self-Determination, Role of TEK, Requirements of Consultation and Accommodation, and Plan of Action

Water Declaration as a means to assert Indigenous Rights to Water and concurrent commitment to care for water

Intro: Simpcw Water Declaration


Indigenous connections with water Traditional Ecological Knowledge Impacts of colonialism on our lands, waters,

culture and knowledge Current context: threats and opportunities Considering a “BC Water Science Strategy”

from a First Nations perspective

Outline of Presentation

Cultures linked closely with and flow from the land and water

Indigenous laws about water thousands of years old

Sacred duty to protect the water- availability and purity

Indigenous practices of caring for water involve detailed knowledge


Indigenous Connections with Water


Indigenous Rights to, and in water continue to flow from the relationship of Indigenous Peoples to our traditional territories

Inherent right to water includes a right of self-determination

Continue to sustain our waters for all life and future peoples; continue to implement these inherent rights and responsibilities



The Simpcw First Nation has not ceded, released nor surrendered one square inch of territory or rights - extremely important in considering connections with water!!

Aboriginal Title includes Water and Land, based on occupancy on land prior to European arrival in Canada

Aboriginal Rights flow from Aboriginal Title



Must protect Aboriginal water Rights so that Aboriginal people can make a moderate living, remain in traditional communities, and preserve traditional and contemporary Indigenous cultures

Sec. 35 of the Constitution recognizes and affirms the existing Aboriginal and Treaty Rights of the Aboriginal peoples of Canada



Indigenous Rights to Water are supported by International Measures including: UN Declaration on Indigenous Peoples- broad

scope water rights Convention on Biological Diversity- key role of

Indigenous knowledge in conservation ILO Convention 169- right to manage resources

including waters



TEK based on natural and spiritual laws and ensures sustainable use through traditional resource conservation

TEK for our people is way of life – not a scientific term

TEK combines the knowledge our ancestors on how to take care of and respect the water to ensure it is available for future peoples

Traditional Ecological Knowledge


Not publicly available Holders of TEK must be respected 1997 Delgamuukw SCC decision recognized

for the first time that oral history recognized as a legitimate evidence in court of law



TEK is essential to use in water stewardship and decision making

Indigenous water practices are wholistic TEK goes hand in hand with Indigenous

governance and management of water resources

Impossible to draw on TEK without also addressing Indigenous water rights and governance



Reserve system meant that we could not carry out sacred duty of caring for all our Lands and Waters

Greatly reduced access to our waters created extreme challenges to our health, food security, and traditional lifestyles

Legislatively denied access to our traditional Lands and Waters

Impacts of Colonialism


BC’s Water Act developed in 1909- absence of any recognition of prior occupation by Indigenous peoples

Water Act developed during time of colonization and exploitation of First Nations’ peoples, Lands (waters) and cultures

Water Act not aimed at conservation (was not a mainstream concern then), but at usage of water for benefit of industry



Water Act (1909) features: BC asserts jurisdiction over all freshwater in BC,

including surface and groundwater Water licenses issued on “first come first serve”

basis; did not initially record much-need water allocations to reserve lands

Water license issuing not in-line with ecological concerns, can be over-issued

Based on “use” of water, without consideration to Indigenous long-term practices, or long term impacts of failure to protect water



Water Act falsely asserted provincial jurisdiction to permit and regulate all uses of water in BC, except for reserve lands The Supreme Court now recognizes that if

Aboriginal Title has not been addressed (most of BC) then the province cannot assert jurisdiction

Inherent problem: province regulating an area of Aboriginal Title and Rights concern



Updating how water is managed and regulated in BC is an exciting opportunity for First Nations if adequate consultation and accommodation

Agree that Water Act (1909) out of date Indigenous Rights to Water are becoming

increasingly recognized through Indigenous declarations, court decisions, and international instruments

Current Context: Threats and Opportunities


Threats: Water continues to be managed to the exclusion of Indigenous Rights to water Water Act modernization proceeds without

adequate consultation and accommodation with each and every First Nation

Third party interests are granted or expanded, then such economic interests protected at expense of Aboriginal Title and Rights (e.g. approval of mines on land under Title claim that impact clean water)



Threats (cont.): water continues to be managed without the benefit of Indigenous water knowledge TEK sustained our waters for millennia Significant resource capacity development

must be adequately funded in First Nations’ communities

Must be recognition that TEK involves water governance and addressing Indigenous Rights to Water



In 2005, Indigenous leaders in BC on behalf of all First Nations entered into a New Relationship with province Common vision of systemic changes Commitment to joint implementation of policy

to acknowledge Aboriginal Title and Rights

http://www.gov.bc.ca/arr/newrelationship/down/new_relationship.pdf


http://www.gov.bc.ca/arr/newrelationship/down/new_relationship.pdf


Opportunities: Start implementing New Relationship in current update to how water is managed (Water Act modernization). Means: BC would acknowledge, recognize and address

Indigenous Nations’ jurisdiction at every level BC would work with each and every First

Nation in province



BC Water Science Symposium Discussion Paper acknowledges:

“First Nations people have a strong cultural and spiritual relationship with water. Legally water is an area of Aboriginal Title, Rights, and Treaty Rights concern. The courts have recognized Aboriginal Title continues to exist unless a Nation cedes this to the federal government.”

BC Water Science Strategy from a First Nations Perspective


First Nations recognize the need to combine different forms of knowledge in order to protect our waters and all of the animals that depend on clean water to survive

A sound BC Water Science Strategy must address Indigenous jurisdiction over water resources in BC

First Nations are involved in all aspects of a Water Science Strategy, and are holders of TEK, scientists, policy makers and end-users



Who will author, edit and approve a BC Water Science Strategy?

How will each and every First Nation be involved?

Will First Nations be adequately funded to participate in development of the Strategy?

Who will use a BC Water Science Strategy, and what will it be used for?



“Our relationship with our lands, territories and water is the fundamental physical, cultural, and

spiritual basis for our existence. This relationship to our Mother Earth requires us to conserve our freshwaters and oceans for the

survival of present and future generations. We assert our role as caretakers with rights and

responsibilities to defend and ensure the protection, availability, and purity of water. We

stand united to follow and implement our knowledge and traditional laws and exercise our

right of self-determination to preserve water and to preserve life.”

(Simpcw Water Declaration)

Conclusion


For further information, contact Chief Keith Matthew (Simpcw First Nation)

Ph# (250) 672-9995 Email: [email protected]

Thank you!

mailto:[email protected]

Chief Keith Matthew, Simpcw First Nation - "Water is the lifeblood of the land": acting on...

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