They're ours

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Aboriginal organizations are tired of seeing cultural and spiritual items exploited as money making objects and are now aggressively moving to reclaim them.

The U'mista Cultural Society, First Peoples Cultural Foundation and the First Nations Confederacy of Cultural Education Centres have collaborated for a national Protection And Repatriation Research Project.

"The real focus of this project is the protection of Aboriginal cultural property, repatriation is just one aspect to this," said Sonja Tanner-Kaplash, consultant for the project.

The project began its work in November of 1999 and is now into its fourth phase of research and development.

"The other phases will focus on groups. We'll put reports out to the wider Aboriginal community, get the input back and rework the reports," said Tanner-Kaplash. "The ultimate aim of the clients is to have this go as a national policy paper to political organizations like the Assembly of First Nations and particularly government agencies."

Project plans include making recommendations around the Canadian Cultural Property Export and Import Act which controls cultural property export permits and tax benefits for people who donate items to museums and galleries.

"There is a lot of repatriation funding in there (the act)," said Tanner-Kaplash. "So that if a First Nations cultural centre for example becomes aware of something for sale in the US they can apply for funding under this act to buy it. That is what we will be making recommendations around. "

Among several cases of reclamation, the decision to initiate the research project was sparked by the U'mista Cultural Society's difficult process in reclaiming a Kwakwaka'wakw bead and button blanket in 1997. The society worked laboriously to receive a grant of $27,300 from the Department of Canadian Heritage to purchase the blanket before it could be exported to the US by Sotheby's auction house.

"It was a difficult process because it got out of country," said Linda Manz, executive director of the U'mista Cultural Society. "We were very frustrated. If you read the export review act which is one of the reasons we started the project, in the terms of the act an item can be exported within six months. You can only put a six month hold on it. That is why we want the act looked at. The act in our perspective is open to abuse or being worked around."

The organizations are hoping that First Nations will develop a cross Canada policy as to how they want artifacts treated through the project. Policies on how items of cultural, historical, and spiritual significance could be dealt with on a national, federal and provincial level.

"So maybe bands could have the rights of first refusal in the sale of an item, instead of having to apply for funding only when it is leaving the country," said Manz. "Being able to apply at the first stage where it is the cheapest. I think what were doing is important for all the First Nations to start looking at these issues. This is above and beyond the land claims, this is a cultural claim."

The project committee plans to aim suggestions and concerns at the Department of Canadian Heritage.

"This is fairly big time. The clients originally wanted new legislation," said Tanner-Kaplash. "That was their thought and we have been looking at that. We're likely to suggest amendments to existing legislation, so that is our market. We're going for the feds."