Documents of Reconciliation
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Documents of reconciliation
in an international context
Reconciliation
is happening in different ways under various names and processes in
different countries. The trend toward negotiated, or conciliatory, methods
of conflict resolution with Indigenous peoples can be observed in many
countries including, Canada, Denmark, South Africa, Ecuador, Brazil,
Norway, Finland, United States and New Zealand.
Two of the more
important recent developments in other countries are noted here.
- In Canada on
7 January 1998, the Minister of Indian Affairs and Northern Development
made a formal Statement of Reconciliation on behalf of the Government
of Canada (Attachment B). The Statement
of Reconciliation apologised in particular for the role played by
the government in the development and administration of residential
schools which were set up to assimilate Indians into the dominant
culture. The apology was accompanied by a Can$350 million healing
fund for community counselling and treatment and a number of other
concrete commitments.
- The South African
Constitution of 1996 begins with a preamble that acknowledges the
injustices of the past and dedicates the nation to building a democratic
and open society (Attachment C). Chapter
12 of the Constitution recognises the role and status of traditional
leadership according to customary law. It allows for traditional authorities
to function within the framework of the South Africa's legal system
and states that the courts must apply customary law when it is applicable,
subject to the constitution and any legislation that deals with customary
law. Traditional leaders have been granted an ex-officio role in local
government until April 30 1999.
International Lessons
There are several
important issues that arise from the experience of other countries about
developing documents of reconciliation:
- All Commonwealth
countries, except Australia, have a history of official treaty-making
with their Indigenous peoples;
- Most other
countries have provided recognition for Indigenous peoples in their
Constitution;
- Many other
countries have enacted a Bill of Rights for all citizens and which
also specifies protection for certain agreed Indigenous rights;
- Participation
of Indigenous peoples in parliamentary processes has been difficult
to achieve without the provision of special measures, such as dedicated
seats or the introduction of Indigenous local/regional government
structures.
- Regional agreements
provide a mechanism for Indigenous people to control specific areas
of land and water within the parameters of existing laws and governments;
- The United
Nations Commission on Human Rights is focusing increasing attention
on promoting the protection of the rights of Indigenous peoples and
empowering them to make choices which enable them to retain their
cultural identity while participating in the wider political, economic,
cultural and social life of the nation;
- History demonstrates
that Indigenous rights require the protection of legislation to ensure
that they are maintained.
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