Declaration from the Mi'kmaq Ethics Watch

[apukjij]

hi all, i noticed the Declarations from other Nations, and i want to submit this one from my Elders:


[b]Research Principles and Protocols - Mi'kmaw Ethics Watch
[/b]
Background

Wla wjit Mi'kmaq kisutmi'tij Sante' Mawio'mi 1999 ek.  Wla nekmokw Sante' Mawio'mi ika'lapni maw ni'kmnew koqoey.

Don Julian, Executive Director, Confederacy of Mainland Mi'kmaq
Eleanor Bernard, Executive Director, Mi'kmaw Kina'matnewey
Dr. Marie Battiste, Academic Director, aboriginal Education Research Centre, Professor, Dept. of Education Foundations, University of Saskatchewan
Stephen J. Augustine, Curator of Ethnology Eastern Maritime, Canadian Museum of Civilization
Lindsay Marshall, Associate Dean, Mi'kmaq College Institute, Cape Breton University
Erik Zscheile, Legal Advisor, Confederacy of Mainland Mi'kmaq


Nike' wla Nipniku's 11, 2000 na elkitmi'tij Eskinuapimk ta'n kisutaq Sante' Mawio'mi wjit Mi'kmaq.  Wla nike' ninen ewikasultiek kisi-te'tmek tlwisin "Ethics" Eskinuapimk  weja'tekemk na tlwi'tisnen "Ethics" Eskinuapimk.

A Mi'kmaq Ethics Committee has been appointed by the Sante' Mawio'mi (Grand Council) to establish a set of principles and protocols that will protect the integrity and cultural knowledge of the Mi'kmaw people. These principles and protocols are intended to guide research and studies in a manner that will guarantee that the right of ownership rests with the various Mi'kmaw communities.  These principles and protocols will guarantee only the highest standards of research. Interpretation and conclusions drawn from the research will be subject to approval to ensure accuracy and cultural sensitivity.

At Chapel Island on July 25, 1999, the Sante' Mawio'mi established a committee to study and develop principles and guidelines to protect Mi'kmaq peoples and their knowledge.  The committee studied the issues involved in research among Indigenous peoples, and developed a set of standards so that Mi'kmaw people might be informed of research - its benefits and costs, be treated fairly and ethically in their participation in any research, and have an opportunity to benefit and gain from any research conducted among them.  These principles and guidelines are now being disseminated broadly to each of the Mi'kmaw communities for their review, discussion, and ratification.


[Note: Author of this document is the Mi'kmaw Ethics Watch.]

Principles


Mi'kmaw people are the guardians and interpreters of their culture and knowledge system - past, present, and future.
Mi'kmaw knowledge, culture, and arts, are inextricably connected with their traditional lands, districts, and territories.
Mi'kmaw people have the right and obligation to exercise control to protect their cultural and intellectual properties and knowledge.
Mi'kmaw knowledge is collectively owned, discovered, used, and taught and so also must be collectively guarded by appropriate delegated or appointed collective(s) who will oversee these guidelines and process research proposals.
Each community shall have knowledge and control over their own community knowledge and shall negotiate locally respecting levels of authority.





  Mi'kmaw knowledge may have traditional owners involving individuals, families, clans, associations, and societies which must be determined in accordance with these peoples' own customs, laws, and procedures.

Any research, study, or inquiry into the collective Mi'kmaw knowledge, culture, arts, or spirituality which involves partnerships in research shall be reviewed by the Mi'kmaw Ethics Watch.  (Partnerships shall include any of the following: researchers, members of a research team, research subjects, sources of information, users of completed research, clients, funders, or licence holders.)

The Sante' Mawio'mi is the authorized body of the Mi'kmaq people and thus has to delegate authority as to how the Watch is composed.

All research, study, or inquiry into Mi'kmaw knowledge, culture, and traditions involving any research partners belongs to the community and must be returned to that community.

The Mi'kmaq Ethics Watch (Committee, etc.) shall conduct a fair and timely review of all research conducted among Mi'kmaw people and shall maintain control over all research processes.



Obligations and Protocols
For researchers/students/agencies/organizations/corporations conducting research involving Mi'kmaw people and whose research/inquiry enters the public domain (theses, dissertations, published journals, books, technical reports):


All research on the Mi'kmaq is to be approached as a negotiated partnership, taking into account all the interests of those who live in the community(ies).  Participants shall be recognized and treated as equals in the research done instead of as "informants" or "subjects".

All research partners must show respect for language, traditions, standards of the communities, and for the highest standards of scholarly research.

All research scholars shall assume responsibility to learn the protocols and traditions of the local people with whom they do research and to be knowledgeable and sensitive to cultural practices and issues that ensure respect and accommodation to local norms.

All research partners shall provide descriptions of research processes in the participant's own language (written and oral) which shall include detailed explanations of usefulness of study, potential benefits and possible harmful effects on individuals, groups and the environment.  Researchers must clearly identify sponsors, purposes of the research, sources of financial support and investigators for the research (scholarly and corporate), tasks to be performed, information requested from Mi'kmaw people, participatory research processes, the publication plans for the results, and anticipated royalties for the research.  All consent disclosures shall be written in both Mi'kmaq and English, depending on the community norms.  No coercion, constraint, or undue inducements shall be used to obtain consent.  All individuals and communities have the right to decline or withdraw from participating at any time without penalties.

All research involving children (under the age of 14) or information obtained about personal histories of children will involve informed consent of parents or guardians.

All research partners shall inform participants in their own language about the use of data gathering devices - tape, video recordings, photos, physiological measurements, and how data will be used.  They shall also provide information on the anonymity or confidentiality of their participation, and if not possible, to inform the participant that anonymity is not possible.  Participants shall be informed of possible consequences of their choice to remain in the research and their rights to withdraw consent or participation in the research at any time.

All research partners shall provide each person or partner involved in the research with information regarding the anticipated risks involved in their participation, and any anticipated benefits.

All research partners must be duly informed of each research step along the way and be provided with information about the research process and the distribution of results and information.

All research partners should attempt to impart new skills into the community, e.g. data collection, whenever possible, advisable or desirable by the community.

All research scholars shall invite Mi'kmaw participation in the interpretation and/or review of any conclusions drawn from the research to ensure accuracy and sensitivity of interpretation.

All research scholars should consider a variety of research processes, including qualitative and participatory research methods and move beyond the dominant quantitative methods to empower indigenous voice and skills.



Mi'kmawey L'nui Skmaqn (Obligations for Mi'kmaw Ethics Watch)

These principles have been initiated by the Sante' Mawio'mi:

The Mi'kmaw Ethics Watch shall come from local community representatives authorized to review ethic principles, standards, protocols, practices of research conducted, knowledge, and heritage.

Each community shall decide levels of authority locally, and who shall speak for the community.

Members of the Watch shall work collaboratively to avoid misuse of information supplied by individuals without permission of the community.

The Mi'kmaw Ethics Watch shall operate on the basis of self-determination of each community and consider the risks and benefits of research and the rights of individuals and collectives to be recognized and protected.

The Mi'kmaw Ethics Watch shall consider the credentials and intentions of each research project, its sensitivity to Mi'kmaw culture and heritage, and consider how the research can benefit the community.

The Mi'kmaw Ethics Watch shall consider problems surrounding the purchase or publication of private materials and removal of artifacts.  Private papers, photographs, or artistic productions are protected under copyright.  One cannot legally cite, reproduce, publish, refer to, or distribute, documents without permission, from the authors, heirs, or institutions that hold copyright.

Any research involving collection of human genes, Mi'kmaw genetic material, or involving the Human Genome Diversity Project shall be rejected or considered only as to its benefits to the Mi'kmaq people.

The Mi'kmaw Ethics Watch shall increase efforts to educate each community and its individuals to the issues, concerns, benefits, and risks of research involving Mi'kmaq people, heritage, environment, and promote ethical conduct and conformity concerning protocols and guidelines for doing research in and about indigenous peoples with some kind of disciplinary action against those who do not comply.

The Mi'kmaw Ethics Watch shall consider the context of the research being requested and the issues of power and control that influence research topics, questions, and results.

The Mi'kmaw Ethics Watch shall encourage researchers to consult with and interpret the research from the tribal perspective and to make research and results available to Mi'kmaw people in their own language(s) and/or orthographies.



Applications to Conduct Research


Shall include:
1. Name of researcher(s) and/or supervisor(s) and related department(s).  Name of contact person(s) and contact address (indicate summer addresses if pertinent).

2. Anticipated start date of the research study and expected completion date.  Include anticipated field research dates.

3. Title of study.

4. Abstract (100-250 words), giving a brief statement of the hypotheses (or brief statement of research questions and significant proposed research) to be examined.

5. Funding source: indicate the source of research or study funds, and whether grant funds have already been provided.

6. Participants: describe the procedures for recruiting, selecting, and assigning participants.

7. Consent: describe process by which participants consent to participate in the research project; that is, how will participants be informed of their rights as participants, and by what means they will signify their understanding of those rights and consent to participate.  Any research involving children shall require parental informed consent.

8. Language: describe how language and cultural differences of Mi'kmaw people will be accommodated in communicating or deriving consent.  Describe process for determining and using appropriate protocols and traditions for entering into Mi'kmaq territory and homes.

9.   Methods/Procedures: indicate if any aspects of the study involve risk to the participants or to the Mi'kmaw people collectively.  Describe any risk to the person/persons as a result of the findings being reported or published.

10. Risk or deception: indicate if any aspects of the study involve risk to the participants or to the Mi'kmaw people collectively.  Describe any risk to the person/persons as a result of the findings being reported or published.

11. Usefulness and Benefits: describe any benefit(s) for the individual Mi'kmaw person or to the Mi'kmaw Nation as a whole as a result of this study or its published report or findings.

12. Interpretation of Results: explain how the data will be analyzed and whether any Mi'kmaw people will be involved in, consulted with, or informed about, the interpretation process of analyzing the data or in its presentation of its findings and conclusions.

13. Storage of data: detail how the data will be stored to ensure safety and confidentiality of the participants in the study.  How long will the data be kept?  Will the data be used again in another aspect of the study? Will the participants have the right to consent to this next phase of study?

14. Confidentiality: describe what measures will be taken to protect Mi'kmaq participants and third party privacy (confidentiality and anonymity).

15.   Publication and royalties: describe anticipated publications or plans for publication from this research and how any royalties from book sales will be shared with participants of the study.




Send application to:

Associate Dean Lindsay Marshall
Mi'kmaq College Institute
Cape Breton University,
Box 5300
Sydney, Nova Scotia
B1P 6L2
Telephone: (902) 563-1827
Fax: (902) 563 - 1693
E-mail: lindsay_marshall@cbu.ca <lindsay_marshall@cbu.ca>

[Shishibikwe]

This is response and in favour of the Declaration of Nationhood sent out by Gary Metallic, Hereditary Chief, Mi'kmaq Nation on the status of Mi'kmaw People, who are not status indians under the indian act, but must be affirmed as Treaty Beneficiaries in our newly emerging Nationhood intents. (the is fondly known by me as the Mother's Day Declaration).

"Its is natural to have a reaction to change, especially if you are seen as a new kid of the block that is bringing a new element; that changes the status quo, in the area if Indigenous Sovereignty. We must understand that this area of Self-Government has been dominated by a circle of nations, through through their representatives, within our Territories and in the International forum; for over fifty years. WE have only recently realised the extensive work that was done by the appointed N.G.O.'s; that worked on the adoption of the Indigenous Declaration in New York, sept 13/07, and how those representatives were appointed. While their work is to be commended, much of the actual deliberating was not known by the peoples they represented, behind the doors of the U.N. meetings; and this is the the problem lies, it was a process between the member states of the U.N. and the appointed N.G.O.'s, excluding the voice of our peoples.

There is a reason for my ranting about this process, bear with me; and that is i have read in the emails concerns about: who can sign; should we accept the Black Indians; the Metis; and perhaps other questionable peoples; who may have not been recognized by other recognized Tribal Nations in canada and the u.s.?

'I SAY THAT under the new Nation, we cannot exclude these Peoples from participating and becoming full Partners, because if we deny them that right -we are no better than the offending colonizing countries that deny them basic human rights to survive as Peoples. We are their last hope, because they have been rejected by not only canada and the u.s. but by our Tribal Governments created by these offending countries. Our new Nation promises that it will be a Peoples government and not a democratic one that exists within our Territories known as indian act systems- where basic human rights are violated with no end in sight.

This Declaration must be signed by not only representing Chiefs, but also by the Elders, Women, Men, Children; who validate the legitimacy of our new Nationhood. As i write this on Mother's Day and extend and extend my Heartfelt gratitude to the Mothers who have brought us into this Earth, i cannot express in words the vital importance of having our Woman participate in the building process of our new Nation; we need their compassion and nurturing abilities to this Infant Nation to grow; as it is their Creator given gift to nurture a Child until it is ready to survive the elements of of our Earth Mother.

We as Men, and not all, have not done a very good job in nurturing our Peoples; we are aggressive in nature and there is no balance when it comes to compassion when it is needed, we tend to create more problems than solving them with Patience.

Peace, welalien, Gary Metallic, Hereditary Chief, Mi'kmaq Nation, 2008
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i strongly affirm our Chief's Declaration, for bringing the Spirit of Unity Winds to blow through our Hearts healing the doubts and accusations that results from being a colonized (its hard to say that word in the present tense, as the colonization process attempts by the government and various institutions strongly continues) Nation.
Is is simply mirroring our oppressors that results in some of us pointing a finger and stating, "What you don't have a band number your not micmac", "What you don't speak Mi'kmaw, your not an Indian, (where does that leave Peoples in Membertou, Eel River Bar and many other communities that are english as a first language), or is it something deeper, where scarcity dominates over the symptoms of oppression,
BUT being under the Mantle of Treaty Protection as a Beneficiary fully realised will heal the fears of scarcity that are in our Peoples Hearts.
and it is on the other side of fence to our neighbors yards where i hope Chief Metallics Winds of Change blow as well, as here in Acadian Communites you can still hear, "what your part micmac??? Savage!""
Where at the recent Human Rights atrocities committed during a war started by DFO against our fishers in Metepenakiak (Burnt Church) resulted in Acadian mobs burning fish factory associated with buying Seafood from the Mi'kmaw Fishers.
i posit that is has been for 500 years our Brothers and Sisters of the French Nation who moved here and settled what they called Acadia (Akati is a Mi'kmaw root - its a Mi'kmaq term!!!). These Acadian were invited to sit by our Fires, where they were bonding into Mi'kmaw families thru marriage and good efforts. We recognize/ed the Acadians as True Peoples in our Cosmic Universe.

Not only was the Acadians sitting by our fires,> in the Acadian Communities themselves, where some of our Mi'kmaw Men and Women lived thru marrige and other good efforts, these Mikmaw were received with the same respect and grandeur, and were once proud and respected members of Acadia.

it is time to allow the Winds of Change to do its Holy Work. And as stated in the Eskasoni Treatyhouse Commitee Memorandem May 2008,
"The L'nu are one People in Treaty. We are equal in Treaty. We, the Beneficiary of the Treaty Relationship share a common descendant line of entitlement. We are fully protected by a spiritual hedge surrounding our Rights, and are entitled to a moderate livelihood by law of Treaty {(note from sender: these Mi'kmaq Treaties were recently ratified by the Supreme Court of canada, being the first Aboriginal Treaty recognized as being absolute by a modern colonizing Supreme Legislative Branch of any government- granting inherent Rights- and the Right for Treaty Beneficiaries to a moderate livelihood) and as in euro assemblies where one has to swear on the bible, we too note that these Treaties were sealed with a Ceremony of from our Great-Pipes, thus making them Holy Sacraments. emphasis mine}.
The L'nu cannot change one word or phrase of the Terms of the Treaty(s) and cannot under any conditions remove themselves from comprehensive Treaty Protection, regardless of merit or pending any legal instrument. Consent to change the Treaty is impossible. Consultation to seek the consent of the Beneficiary Community is an unlawful enterprise when it is designed to deny fundamental rights individually held by each descendant Beneficiary of Treaty Protection. No person may come before you and demand you comply with anything that is against your Treaty; whomever they are, or whatever authority they claim to represent; they are wrong, regardless. The Treaty you have is irrevocable. Like the word of God, it cannot change. It is carved in stone and free to every Beneficiary seeking a livelihood. It doesn't matter if you are well advantaged or poorly prepared, It offers the benefits to all. The same protection and hope against all the enemies of Good Intention. It will serve you and help you achieve what you need for a moderate livelihood. That is the Law"

i myself believe and further posit that the Acadian/Mi'kmaq Peoples who have a legitimate claim, whether by misadventure or the twisting of fate; who feel like they are not longer living under the Mantle of Treaty Protection as any member of the Mi'kmaq Nation -be renewed as beneficiaries of the Mi'kmaq chain of Treaties; because i further state that these Mi'kmaq/Acadian where living under the Mantle of Treaty protection when the Treaties were actually being signed by our Grandfathers; and in some cases in Wapana'ki Territories these Acadian/Native peoples were actual signers of these said Sacred and Holy Treaties, furthermore as well any other such persons who can prove a legitimate claim to being a member of the Mi'kmaq Nation including those reinstated under "that bill-that was enacted into-law C-31", can lay claim in thier minds and in thier Hearts that they are members of the Mi'kmaq Nationhood of Families and Beneficiaries, and that these intents must be inherent to any plans of governance undertaked by our Communities.
As we all have roles and responsibilities given to us through prophecy and instructed by Kji-Mntu (the "Divine Mystery" who Created us) and by Kluskap -Member of the 7 original Mi'kwemesusk, who was sent here and in my opinion gave us our First Treaty; of which one of the terms is that He will return to us from the North (from whence he journeyed with Nukmijinen his Grandmother), when we the Skwijinuti (the People) need Him most.


Finally i acknowledge that i do not- nor have i been given permission to speak on behalf of my Nation, of my Community, of the Two-Spirited Community, of the Mi'kmaq Treatyhouse Commitee, or of my Family, i speak for myself as simply one "who who dances in their own Sacred Circles"
Ta Ho!

Melkapukuwit Plamu-Sqot
(Mi'kmaq/Italian registereed/enrolled 62 status of the indian act)
We'kwistoqonik First Nation,
Wunama'ki District,
Mi'kmakik
Ancestral member of the Wapana'ki Federation

[zoi lightfoot]

You will find the Declaration of the Mi'kmaq ethics watch under the ecetera file's with full contact details,e mails etc should you have a question you wish to put to them.

[Moma_porcupine]

Zoi's suggestion to contact the Mi'kmaq Ethics Watch is a good one , though I'm not sure if this situation is the same topic as the Mi'kmaq Ethics Watch....

From what I see online Gary Metalic is a real person and he has served a faction of the Listuguj people as their leader.

Apparently there is some divisions in the community between the elected leadership and the traditional leadership.

I wasn't able to find any website where this alleged statement by Gary Metalic is published besides NAFPS, and that makes me wonder if he even said this, and if he said this, if it meant what Melkapukuwit Plamu-Sqot is interpreting it to mean . I really doubt it ...

Melkapukuwit Plamu-Sqot

These Acadian were invited to sit by our Fires, where they were bonding into Mi'kmaw families thru marriage and good efforts. We recognize/ed the Acadians as True Peoples in our Cosmic Universe.

Melkapukuwit Plamu-Sqot

i myself believe and further posit that the Acadian/Mi'kmaq Peoples who have a legitimate claim, whether by misadventure or the twisting of fate; who feel like they are not longer living under the Mantle of Treaty Protection as any member of the Mi'kmaq Nation -be renewed as beneficiaries of the Mi'kmaq chain of Treaties; because i further state that these Mi'kmaq/Acadian where living under the Mantle of Treaty protection when the Treaties were actually being signed by our Grandfathers; and in some cases in Wapana'ki Territories these Acadian/Native peoples were actual signers of these said Sacred and Holy Treaties,

I would be suprised if any traditional leader would think the Acadian should be included in treaty rights.

There is a thread exploring some of the claims of the Acadian metis here;

http://www.newagefraud.org/smf/index.php?topic=1187.0

From what I have seen there is no evidence the general Acadian population has more than a very distant drop of Native blood through one or two marriages that occured hundreds of years ago. And many don't even have this. Except for a few isolated pockets this works out to about 1/ 1024 BQ or less ...

[zoi lightfoot]

Moma is indeed correct that you would not find this statement published on the web outside of Mi'kmaq communities with the acception of Napfs,and both posting have most certainly come or originated from the Mi'kmaq themselves.
Gary Metalic,for the benifit of those that do not know,is one of the recognised Grand Chiefs of the Mi'kmaq peoples,hence my suggestion that peoples contact the Mi'kmaq ethics committee should they have any questions.as the Mi'kmaq themselves do not generaly discuss internal business of their Nation and Bands outside of their communities.They tend as with other Nations,to inform what they decieded they will do.Save's a lot of grief and possible hassle if you check directly.