Press Release on Land Code (June 2007)

Osoyoos Indian Band Rejects the Framework Agreement on
First Nations Land Management

On Thursday June 28, 2007, after a two day vote was held, the Osoyoos Indian Band membership voted against the Osoyoos Indian Band Land Code. Therefore, the Osoyoos Indian Band will not become a signatory to the Framework Agreement on First Nations Land Management. Currently, 19 First Nations have ratified and approved Land Codes with 19 other First Nations in the development phase, with the Tsleil Waututh being the most recent First Nation to approve.

As stated on the Land Management Board website, "the initiative enables First Nations to make timely business and administrative decisions and to accelerate progress in areas such as economic development, resource management, and land use planning. This government to government initiative provides participating First Nations with the opportunity to come out from under the land administration sections of the Indian Act and establish their own regimes to manage their lands and resources, providing for more decision making at the local level".

Although the Framework Agreement on First Nations Land Management would have facilitated more development by quickening the leasing process, allowing the Osoyoos Indian Band to increase economic development initiatives, the Osoyoos Indian Band members chose to reject the Indian and Northern Affairs supported "government to government agreement". There were many outstanding issues. The Osoyoos Indian Band Land Code was in development for over two years but failed to address several of the community's major concerns. These included areas of; protection of aboriginal rights and title, extended powers of Council, jurisdiction over reserve lands and traditional territory, lands committee selection, increased liability risk and management, expropriation of individual's lands and a valid dispute resolution mechanism.

However, the greatest concern was seen in the lack of community involvement. Membership participation was restricted to editing the Framework Agreement, which was created in 1999, and sections of the Indian Act relating to land management. The Osoyoos Indian Band community felt that if there was going to be any real and true involvement, that would require a document that was originally created by the membership, from the ground up, not an edited version of what outside interests believe land management should look like. Also, it was not understood until very late in the process that "if there is an inconsistency between this Land Code and the Framework Agreement, the Framework Agreement prevails to the extent of the inconsistency" (S. 3.5, OIB Land Code). Therefore, in reality, the community felt they were voting on the Framework Agreement and not a document worked on by their members.

The community urged the Osoyoos Indian Band leadership to abandon the process. However, the leadership was determined to hold a referendum vote, even though the community wanted their concerns addressed and, ultimately, felt the process was too restrictive and did not adequately reflect their vision of land management. Holding the referendum under these circumstances sparked an "Osoyoos Indian Band Day of Action" and peaceful protest from the community membership. The protest was set up across the Osoyoos Indian Band office, where the two day referendum vote was being held, and lasted the duration of the vote. In the end, the membership decided not to accept the Osoyoos Indian Band Land Code.

Ethan Baptiste