sen nee granpeea es ee ae MEKORAK DOM TO. Shuswap fation FROM: Mr. A. M. Manuel DATE: May 23, 1986 RE: Shunwap Nation Government Model ‘Te following government model is based upon certain basic amsumptions. These are as follows: 1, Seewepmec Peoples have an international as well as a God gives right to be recognized and treated as a Wation. 2, Canada has attempted to assisulace Secwepaec Peoples instead of recognizing and trenting Secwepmec Peoples on a Nation to Nation and Government to Government basis. 3, Phe attenpted wiation of Secvwepaec Peoples has seriously ereided and undermined the traditional toetetiens and governsent aysters of the Secwrpeec Peoples, 4. Secwepmec Peoples have rejected assimilation as a neans to improve the living conditions ard well belng of their Pooplen. 5. © Peoples have expressed a clear and stron Sesize to, reMmild © wir ow distinct institutions and ayatens. 6. Modern reality and problems require that Secvepmec institutions and gevernnent syatens be modernized se they can deal effectively with tedaya complex world. 7. This sedersization should take the best from the part and the best frem today's world and integrate these two very different ways into one atreng, meders Secwepmec society. 8. Medecnizetion mart begin from where we are and not from a We want to be, 3. Present Secwepmec reality evolves from the Indian Reserve ko the extent of Secvepaec traditional national wereiterial Roundrien.Page 2 10. It is within thie national territory that the Teconstruction of the Secwepmec People must take place, 11, A Provisional Seewopaee Ausenbly should be established which could work in concert with existing local Indian Band Councils to re-constitute the essential institutions and government systems needed te repatriate Secvepmac Lands and resources. 12, The Provisional Secwepmec Assembly should be based a the recognition of existing local Indian band Councils and thelr jurisdiction over matters of a lecal nature 13, The Provisional Secwopmec Assembly should ales recognize the Universal Declaration of Human Rights as being the basis upon which the Secwepmec people will define their individual rights vis-a-vis any government institutions and syetens that will be develeped. 1d. The Provisional Secwepmec Assembly should be sclely responsible for developing a political program that will firsly entrench a Nation to Mation and Government to Goverment relationship between Canada and the Secvepaec Peoples. 1S. Security of the Secwepmec Nation and Her people suat be ‘the collective responsibility of the Assembly. It is envisionsed that the Provisional Seewapsec Assesbly will come inte existence and continue on until a PREmAnent Secvepmec is extablished by the Secwepmec poople. This Frovisional Assembly will be ‘Of Chigts who will en sitting together be exclusively responsible for all Sattere which do not come within the power and aathority of a local Indian tad Council. The rational behind this is that local Indian Band Councils are seriously over burdened, whether intentional or not, with local matters which over shadew the beoader issue of Secupemec national territory and resources. It is also Apparent that existing Indian Rewarves are not adequate to meat the nveds of the populations which belosg ta thea. Therefore, it is very ispertant that our land and resource bases must be expanded. The responsibility to xpand the existing Land and resource base ia a loag term and major undertaking which is boyend the reach of any ane aingle land. Therefore, it is nore Lngical to tackle Enis isaue as a Ration.Page 3 The Provisional Assembly would devote all its tine addressing only issues that are in regards to lands, resources and pe Ebat are of who ore situated between @xigting Indian Reserve: The attatched Provisional Assembly Charter is an expanded version which has been developed over time be edited so that it can Presented in sanageable pisces fm Oréar to accomadate inpate Each Fart or Article can alec be easily elaborated on.DRAPF® o (22-05-86) CHARTER of the “PROVISIONAL ASSEMBLY OF THE SECWEFMEC MATION" i. 2 3. 4, 5. 6. 7 a. Fs mW. a. a. li. la. 15. 16. i. 18. i. a. Me 22. 23. Preamble Tithe Definitions ‘The Secwepmec Peoples Provisions] Assembly of the Secwepmec ation Subject Matters Bowers Menbers Priviedged Mesbers Rules of order Meetings: Elections Appointments Reporte Office of the Speaker Clerk of the Provisional Aseesbly Council of Chiefs Council of Eldera ‘Conmigsion on External Relations Procedures Instrumente Budgets RatificationFage 2 PREAMBLE Whereas the Secwepmec Peoples are a distinct people who have Eheir own janquage, bistory, culture, institucions, laws and Wational Territoe Aed Whereas the Gecvepaec People eade their str Sommittment to re-establishing the power and authority of the Secwepeec Nation very clear in their Statements to the Shuswap tation Task Porce; ABE Whereas the Secwopmec Chiefs have declared their Declarapiee2e ata intentions in endoraing the “Shuswap Declaration of Seewepmee Sovereignty"; 0a Mheress teh Secvepmec Chiefs dexire to focus their on protecting andl + culture and Mational povyeeemefore, the Chiefs and Couneiliora of the Secwapmec Nation and in the name of the people of the or treme Nation hereby establishe the "Provieiccas Asoombly ‘Of the Secvepmec Nation" as set out belone TITLE i. "Provisional Aswesbly of the Secwepmec Nation" Charter OEFINETiIonS 2. Secwepaec People mean thase Pereons who are th Satcendants of the indigenous people whe liver iene defended the traditional Hatianal Territory of the Seevepnec Peoples and who pledge their susport for tte tal ishment sete Power and authority of the Secwnsmec Novis aver Secwepmec National Territory, ewStitt meana the head Councillor ef one of the seventeen Secwepmec community ceancils, Couns ree Ttoe MOAR any Councillor, other than the head Ceuncilior, Of any one of the seventean Secwepmec Sommunity councils, 5+ Seewepmec community council means the sane a8 BandPage 3 Coancii as established under the tndian Act of Canada, 6. Elder means a Secwepeec person who Bag vast experience and knowledge of the Secwepmec language, bistory, culture and Mational Territory, 72, Becwepmec National Territory means those lands that were teaditionally under the control and authority of the Secwepmec Peoples. 8. The Sranvap Cultural Comittee means the Comittee that ‘aa established under the “Shuswap Declaration to Work in Unity on Shuswap Language, Histery and Culeure®, THE SECWEPMRC PEOPLES 3. The Gecwepmec Chiefs and Councillors of the Provisional Reseably of the Secwepmec Nation, hereby recognize and pledge So upheld, defend, the inalienable righte of the Se People to their language, nistory, culture, Wational Territory and self-determination and furthermore, Secvepmec citizens have the right to be informed about all decisions of the Provisional Auseably of the Secwapeec Watlon. Tight, power and pecting thelr National Territory or the establishment of a Sucwapaec National Government. Ai. The Provisional Assesbly ef the geewepmec Nationa shail be empowered to devise a means of determining the support of th 2 people, through a deseceatic vote, on ail major Secwrpne: issues and decisions, PROVISIONAL ASSEMBLY OF THE SECWEPMEC NATION 12. The Objectives of the Provisional Assembly of the Secwepmec Hmtion are ae set cut below: (1) To implement the "Shuswap Declaration in Unity on Shuswap Language, Wistory and Culture" and the “Declaration on Seevepaec Sovereignty". (21 To carsy out research on the National Territory of the Secwepmec People, including past, present and future use and eceupancy in order to detersine the economic valoe and use of the Territory, (3) To determine the boundries of the secue: Mational Territory and place markers to set a part of the Territory,Page ¢ (4) To carzy out vesearch on the hisotry, celture and language of the Secwepmec poeple for the purpose of ensuring that they are preserved. (5) To dedtiate and maintain a census of Secvepnec People. 16} te communicate through workshops, meetin pesition papers and the media ali findin Provisional Assembly of the Becwepmec Pe will further the objectives of the Proviaie Aaserbly, (7) To make OfESeial Plans respecting aubject matters that come under the mandate of the Provisional Asaembly of the Seowepmec Nation. (8) To make the Provisional Assesbly of the Secwepmec Mation financially self-reliant on the Socwapmec People, (9) To make policies respecting External Relations With other First Nations and other Government: of the that 2 organizations, people and agenei an effect on the mandate of he Atnenbly. 13, The Subject Matters coming under the authority ef the Provisional Assembly ai follows (1) Research on Secwepmec National Territory, Language, Wletery and Culture, (2) Communications with the Secwepmec People on the atfaira of the Frovisional Assembly. (3) Extersal Relations. (4) A Draft Constitution fer the establishment of a Becwepmec Hational Gavernaent. POWERS 14. The Powers of the Provisional Assembly shall be as follows: (1) To interpret and inplenent the “Declaration on Secwepmec Govereignty" and "Shuswap Declaration ke Work in Unity on Shuswap Language, History and Culture. (2) Te raise and expend revence to fulfull thePage 5 Sbjectives of the Provisional Assenbly, (3) The amendment of the objectives, structure, composition, procedures and Rules of Order of the Provisional Assembly, (4) Te tablish Offices, Committees and enploy Personnel and hold meetings. (5) To establish Councils and Commissions. 1) Establish External Relations polici (7) Establish Poreign Missions, (8) Make and implesent policies, programs, guidelines, systens and resolutions. (9) Enter on and travel over all lande and waters within the Secwepmec Hational Territory, ercpet Indian Reserves unless peraitted by the local community council, (20) Establish and keep 4 Secwepmec Peoples Census, (11) Decree and approve Official Documents. (12) The placement of permanent border markers. (237 Map out new Secwepmec Communities to be established within Secvepaec National Territory, (14) Map cut new Special Reserves identifying sacred sites and reosurce reserves, 4151 Draft a Constitution for a Secwepeec Bational Government to be ratified by the Secwepnec Peoples. AEMBERS 1s. The Provisional Assembly of the Secwepmec Watien shall Sonaiet of seventeon Chiefs and fourty-five Councillors of the Secwepmec Nation. LB. All members shall take an oath to upheld and defend the Declarations of the Seowapeec People and abide by the Rules af Order of the Provisional Asseably.. 17. ALL members have the right to address the Provisional Asgeably on any issue before the Asaenbly, vote on any matter and intredvee resolutions before the Provisional Assembly.Page 6 18, All Bombers are subject to the Rules of Order set out by the Speaker of the Proviaienal Assesbly reapecting Expulaion and Reinstatement. PRIVLEDGED MEMBERS 19, All citizens of the Secwepmec ation are considered an priviedged mesbers of the Provisional As y and have the eight to ask questions and make comments sapetiay any Ratter before the Provisional Assembly oz which has been dealt with by the Assembly, however, no priviedged meaber can vote or introduce resolutions. BLES OF ORDER 20. The gules of Order are to be developed by the Speaker of the Provisional Assembly to be ratified by the Provisional Ausembly, (Should elaborate more} MEETINGS 21. The Provisional Assembly shall meot once in Summer, Fall, Winter and Spring of each yaar. ELECTIONS 22 All elections for Officers of the Provisional Assembly whall ba done by aecrat ballot, 23. The Provisional Assembly shall elect the Chairman of the Council of Chiefs for = term not to exceed three years, APPOINTMENTS 24, ‘The follewing shall be made by the Council of Chiefs te be ratified by the Provisional Asseably: (1) Speaker of the Assembly (‘Council of Elders -— Bee Agticle (2) Commissioners of External Relations, Tt REPORTS and effices shall make annual Ansenbly (1) Council of Elders (2) Chairman 28. The following bedi. reports to the Provision (3) Research Oirector (4) Communication DirectorPage 7 (5) External Affairs Analyst 16) Council of Eldera (71 Elder Statesman ) Clerk of the Provisional Assenbly OFFICE OF THE SPEAKER 26, The Speaker shall take an Gath of Office to pe adsinistrated by the Council of Elders asd frem that time on shall become the Administrater of Oaths for the Provisional Agnenbly. 27. The Speaker shall develop, codify, seek ratification for and pablish the Rules of Order for the Provisional Assembly. 28. The Speaker shall take direction from tha Provisional Aacenbly from tine to time to amend the Rules of Order. peaker shall be responsible for the a: curity of the tthe Provisional Assenbly when sitting aed eagage the servicer or take what Beasures are necessal to ensure that tho responsibilities of the Office cf the Epeaker are @ischarged. 30, The decision of the Speaker shall be final whenever the Speaker interprets a Rule of Order that has been ratified by the Provisional Asoenbly. 31. The Speaker shall be # non-voting mesber of the Provisional Asseably. 32. The Speaker shall be responsible for the keeping of all Public Records. 33. The Speaker shall keep the Great eal of the Provisional Assembly and of fic! ever all ceremonies Becreeing Official CLERK OF THE PROVISIONAL ASSEDLY 34. The Check of the Previsional Assembly shall be Fenponsible te the Speaker of the Provisional Assembly, 35. The Clerk shall receive all petitions, protests and other communications respecting the Provisional Assembly and Process such documents such that they are tabled before the Provisional Asseably. ‘COUNCIL OF ELDERSPage @ 36. The Council of Chiefs ahall be made up of the seventeen Shiefs or Head Councillors of the Secwepmec Nation, sitting @9 the Council of Chiefs. 37. The Quorum of the Council of Chief's ghall take place at least once every two months. M4. Meetings of the Council ef Chiefs shall take place at least once every two sonths. 39. Moetings of the Couned) of Chiefs shall be convened and presided ever by the Chairman ef the Council of Chiefs, 40. The Council of Chiefs shall have the authority to make budgets, financial statements and conduct audits on the Financial sffsire of the Provisional Ausexbly. 41, The Council of Chiefs shail receive direction from the Resolutions and other instruments of direction of the Provisional Assembly. a2. The Counesl of Chiefo shall have the aathority to interpret and make subsidiary motions so to fulfill the PSEpone and intentions of Resolutions passed by the Provisional Asssembly, 43, The Council of Chiefs shall previde direction to the Chateman of the Coumell ef Chiefs. 44. The Council of Chiefs shall make policies, guidelines, position papers and establish programs that will further the objectives and purposes of the Provisional Asgembly. 45. The Council of Chiefs shall make an annual report to the Frovisienal Assembly on all matters dealt with during the year by the Council of Chiefs. 46. All Resolutions that are nade by the Couneil of Chiefs that are of a major nature and which do not interpret or act an subsidiary motions to a Provisienal Assembly Resolution, sunt be browgne before the Provisional Assepbly at the next nesting, COUNCIL OF ELDERS 47. The Council of Elders shall consist of two eldece from each Of the seventeen Secwepaec communities and shall be selected by the community that they will represent and thelr aanes shall be aubaitted to the Provisional Asmembly for ratification by the Chief. 48. Ghe Council of Elders shall have the power te establish their own rules respecting the conducting of thelr affairsPage 9 with the exception of procedures regarding the exercise of the Council of Eldera veto of Council of Chiefs setions, ‘The Council of Elders shall have the power to veto any cam, Guideline, policy of motion of the Council of Chiefs, or part thereof, except those directly relating to finance until the sext Provisional Assenbiy, when fall debate ahall take place, 5G. The veto of the Council of Elders shall be abject to ‘the unaninous consent of the Council of Elders at a session for which at least tniety days notiew was given or which the satter before the Council of Elders was scheduled ss part of che regular business of the Council of Eldera. SL. The Council of Elders shall sit and review on a regular basis all programs, policies, guidelines and motions ef the Council of Chiefs, 52. The Council of Elders shall be ei red to make gaideLin pellcien, prograns and motions xeapecting the objectives of the Provisional Asaesbly including policies Fespecting External Relations but excepting matter regarding Financial matters, that are net contradictory to thone made by the Couned] of Chiefs and that have not been made or are fet ncheduled to be made by the Council of Chiefs and Provided that such guidelines, policies, prograsa and motions are ratified by the Council of Chtefe, COMMISSION O EXTERNAL RELATIONS 53. The Provisional Assembly shall establish “a Comission on External Relations with the Senior Commissiaer being the Commissioner responsible for Confederacy of Mations of the Aaseably of First ations, who will alo be the reaponsible for the Media and be the Official Spokesperson for the Provisional Assembly of the Secwepmec Hation. $4. The Provisional Anseably shall alec appednt the following other Comminsicnera en Ex: mal Relations: (1) Commissioner te the Union of British Columbia tndian Chiefs. (2) Comminsioner te the Canadian Government, (3) Comaissioner to the Government of British Columbia. (41 Commissioner Respecting International felations. (5) Commissioner of First Mations RelationsPage LO ienerd shall be responsible for moniter ing the activities of thelr assigned field of interest which aay bave an effect on the objectives of the Provisional Ansembly and make reports back to ehe Council of Chiefs and the Previsional Assesbly for dizection and take such action as may be required te ensure that the interests of the Provisional Aseembly are not jepordized. 36. The Commiusion shall be responsible for drafting up External Relations Policies for all areas that they are responsible for and have them presented te the Provisional mbly for ratification, PROCEDURES 37. The Provisienal Assembly of the Baowepeer ation can ever rule any decision made by any of the bodies or offices that are established by the Frovigionel Assesbly and hos the exclusive power to deal with: (1) Amendments of the Objectives, Steacture, Conatituion, Rules of Order and Procedures of the Provisional Asembly. 12) Beeree Official pecuments. 43) Placement of Pecmanent border parker of the Secwepmec Matienal Territory. (4) Entablishsent of Foreign Missions, (5) eovdeg a Draft Comatitution of the Secwepace erosion to be ratified by the Secwepeec People. 38. The Provinional Assembly of ie Secwepmec Nation in tablishi: the Council of Chie: empower the Council of abject to further amendment by the Provisional to do the fellowing: (1) Raiee and expend revence, (2) Interpret and inplenent Secwepnec Declarations (3) Establish offices, comsittees, employ persannel and bold peetings to fulfill the objects of tne Provisional Assembly, (4) To make and implement policies, programs, quidelin systems and resolutions to fulfill the ebjectives of the Provisional Assexhly. (5) Te formulate the means of conducting a SecwepmecPage Li People census, 5%. All matters dealt with by the Council of Chiefs shail be brought before the Council of Elders to be ratified, amended oF veteed. $0. All matters done in the nage of fulfilling the sbjectiver ofthe Provisional Assembly must receive the al of both the Council of Chiefs and the Council of Elders; roval te be determined by what body fakes the initial decieio G1. All External Relations policies that are drafted by the ‘Commission on External Relations shall be put before both the Council of Chiefs and the Council of Elders beforethe ‘Commission can cat on them, furthermore, auch policies must ‘be reported to the Provisional Assembly. INSTRUMENTS: 62. All Reselutions of the Provisional Assembly of the Nation shall be kept by the Clerk of thi Provisional Aseerbly and be put in order cf subject matter ard bo made available to any citizen of the Secwepaes Ration asa ct of the Public Record of the Provisional Assembly, and these documents are to be approved by the Speaker of the Provisional Assembly. 63, All Motions of the Council of Chiefs and the Council of Elders must have a place made available on them for the signature of signing Officer of both Councils, whieh will verify that beth Councila have approved the Motion. 4. All eters ena ae of the Commis: shoe on External Relatia: a place provided For the tures of the signing officers of both the Council of ‘sand the Council of Elderm to verify the approval of ets Councila. den wi 65. All budgets and expenditures must as their primary and substantial purpos ‘che fulfivimest of the objectives of the Provisional Assesbly and should as puch aa possible follow the standard procedures of accounting, furthermore, it must set out cost of each major undertaking of the Provisional Assembly. 86. The budget shall indicate the following amongst other items that might be added from time to time: {1} Provisional Assembly of the Secwepmec Kation - conte of meetingsPage 12 ~ sub-committee costs (2) Speaker of the Provisional Assembly - Clerk of the Provisional Assenbiy (3) Council of chiefs - Costs of meetings (41 Chairman of the Council of chiefs - Denureration - Secretardate (overhead) = Research Office = Communications Office - External dons Office = Secwepaes Cultural Committee (5) Counedl of Elders > Sst of meetings - Fenumberation (6) Commission on External Relations - SOBT Of meeting = travel ~ Comminications S7.| The Provigional Assembly of the Secwepmec tation shall designate the Speaker of the Provisional Assembly acd Chairman of the Council of Chiefs aw of fic Security and bave their immediate costs co raised internally within the Secwepmec Nation. RATIFICATION ? Eo. RE THe UNDERSIGNED CHEEPS HEREBY, ON THIS DAY, AFTER SOMSEDERABLE DELIBERATION, SOLEMBLY PUT OUR HAND TO THIS SMARTER, NEREBY ESTABLISHING THE PROVISIONAL ASSEMBLY OF THE SECWEPHEC MATION “SHEER SYGuATORE” © CORRENTTY-GSoncT Witness