UA Law Program Advances Land Rights Case
Robert A. Williams Jr. is
the E. Thomas Sullivan Professor of Law and American Indian Studies in the
James
E. Rogers College of Law. Williams, who also directs the UA's Indigenous
Peoples
Law and Policy program, represents tribal members in legal cases.
By University
Communications November 15, 2011
UA professor Robert A.
Williams Jr. and two law students, Akilah Kinnison and Mercedes Garcia,
presented a case before a council in support of indigenous land rights in
Canada.
A University of Arizona program has brought a
major indigenous land rights case against Canada before the Inter-American
Commission on Human Rights in Washington, D.C.
Robert A. Williams Jr., who directs the UA's
Indigenous Peoples Law and Policy, or IPLP,
program, presented the case on Oct. 28 that concerns the 1884 expropriation of
more than 585,000 acres of land on the Vancouver Island from the traditional
territories of the Hul'qumi'num indigenouspeoples.
Williamsnoted the contributions UA students and staff have made to the case,
also
emphasizing the historic importance of the hearing.
"It was the first time that the Inter-American
Commission has heard a human rights complaint directed against Canada's
comprehensive land claims process for First Nations," said Williams, also the
E.
Thomas Sullivan Professor of Law and American Indian Studies in the James E.
Rogers College of Law.
The commission, or IACHR,
is an autonomous branch of the Organization of American States, which was
founded to strengthen collaboration between governments and to defend the human
rights of all individuals in the Americas.
Also, "it was the largest coalition of First
nations organizations and non-governmental organizations ever assembled for an
indigenous human rights complaint brought against Canada," Williams said.
It could take the commission six months to one
year to solidify recommendations for the Canadian government, during which IPLP
affiliates with continue to investigate the case, develop partnerships and
monitor activities on Hul'qumi'num lands.
Williams, who directly addressed the commission,
is serving as lead counsel and UA IPLP students are assisting in the case and
have been for the last five years.
During that time, IPLP has represented the
Hul'qumi'num Treaty Group, or HTG, which alleges that Canada violated
international human
rights norms by refusing to negotiate for any form of redress for the lands.
The
lands are currently being used mostly by forestry companies.
"The case now before the Inter-American
Commission highlights crucial issues of justice that affect not only the
Hul'qumi'num people, but Indigenous peoples across Canada," said Craig
Benjamin,
a campaigner for Human Rights of Indigenous Peoples with Amnesty International
Canada.
"The very fact that a respected international
human rights body like the IACHR is investigating these issues should be a
wake-up call to the federal and provincial governments and to all Canadians,"
Benjamin also said.
Since 2005, UA's IPLP program has involved more
than one dozen students in the case, Williams said.
Last month, UA law students Akilah Kinnison and
Mercedes Garcia served as members of the legal team and, like other students
who
have worked on the project, summarized testimony, drafted submissions and also
prepared evidence and witnesses.
Both "performed like seasoned human rights
advocates," Williams said, adding that IPLP staff attorney Seanna Howard, a UA
alumna, also served on the team.
Williams said their work was conducted "under
incredible time pressure" but said his team's work is exemplary.
He also noted that six of HTG's Hul'qumi'num
chiefs were in attendance as were representatives from other major
organizations, including the Assembly of First Nations, the First Nations
Summit, Amnesty International and Lawyers' Rights Watch.
"A good deal of time as lead counsel in the case
has been spent in the past five years building that support," Williams said,
"so
it was very satisfying and humbling at the same time to see that type of
unified
opposition to Canada's land policies organize around our petition."
Et
Cetera
* Contact Info
Media Contact
Robert A. Williams Jr.
UA Indigenous Peoples Law and Policy Program
520-621-5622
willi...@law.arizona.edu
________________________________
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