Human Rights

PSAC POLICY
ABORIGINAL WORKERS

The Public Service Alliance of Canada supports the right of Aboriginal Peoples to self-determination, encourages all governments in Canada to fulfil their historic Treaty obligations and urges a timely and just settlement of all land claims.

The Alliance believes that Aboriginal Peoples have been historically disadvantaged both in society and the workplace and supports mechanisms that redress this disadvantage. Aboriginal persons have the right to employment in those professions they wish to pursue. The Alliance believes that employment equity initiatives are a fully justified and necessary mechanism to ensure that Aboriginal persons are provided the opportunity to pursue their chosen career.

The Alliance will work to ensure that our union, itself, is fully accessible to all Aboriginal members and that it thoroughly represents the interests of these members.

To achieve these broad goals, the Alliance will undertake the following actions.

1. To work with organizations representing Aboriginal Peoples and other like-minded organizations to press at all levels for the right to self-determination, the fulfilment of historic Treaty obligations and the timely and just settlement of all land claims.

2. To press for legislation requiring mandatory and effective employment equity programs in all workplaces where we represent employees and to ensure that these programs address the qualitative issues that affect our Aboriginal members.

3. To negotiate employment equity on behalf of Aboriginal members.

4. To facilitate the development of a strong network of Aboriginal members to advise the union about issues of particular interest to them.

5. To identify and to negotiate, in consultation with our Aboriginal membership, contractual protection that is particular to their needs.

6. To develop educational materials for Alliance members concerning race relations, cultural diversity and Aboriginal issues.

7. To actively oppose racism, racial harassment and cultural stereotyping in the workplace and in our union.

What if I came into your home and asked if I could stay with you and you said yes so I stayed with you for a while. And I took you into one room of your home - a small room, just a very small room - and I locked you up in that room and I beat you and subjected you to all kinds of abuse. Then I rented out the other parts of your home and I took things that were very important to you and I sold them and I kept the money. And I kept you in that room. And I beat you. And I stole your kids from you. And then there came a time when you were hungry and you needed things, for your own survival, and so I took the money that I got from renting your home and I gave you a little bit. And then I went and told everybody else that you didn't work, you didn't do anything. But I gave you money. And I complained about how dysfunctional you were. All the other people see is this person in my home, who does not work and does not do anything to "our" standards. And the strangest thing about this whole thing is that the reason that I went to stay in your home was because I was being abused in my own home.

Hamilton Spectator, February 27, 1991

INTRODUCTION

This land has been the home of Aboriginal people since time immemorial. For generations they have cared for "Mother Earth" and harvested her resources, developed various forms of government, shared their experience in their own languages with their children and passed on rich cultural traditions.

When the first Europeans, many of whom were fleeing religious persecution and poverty, came to North America there were an estimated 12 million people living from the Rio Grande north. This population decreased by 90% following the arrival of Europeans who brought disease, genocide and warfare. For those Aboriginal people who remained, religious suppression, racism and poverty became a part of their lives. Later, in various parts of what are now called the Americas, families were broken apart and children moved to residential schools where they were stripped of their language, their culture and their religion. They also faced abuse. While the Europeans made many promises, few were kept.

The Royal Proclamation of 1763 declared that land not already purchased or ceded to the Crown by Aboriginal people could only be transferred from them through the mediation of the Crown. This implied some protection from a precipitous loss of territory, but, in fact, the Crown acted to facilitate the wholesale transfer of land from the Aboriginal Peoples to European interests.

When the Royal Proclamation was signed, the Crown also promised it would "provide for [Indians] and for the future generation so long as the sun rises and the river flows". Since then, Aboriginal people have been moved to those "small rooms in their house" and provided only minimal and often inadequate resources for the survival of themselves and their children. The sun still shines and the river still flows, and the promise remains broken.

Canada's Aboriginal Peoples are a diverse group, with many different languages, religious beliefs, values, traditions and cultures. There are ten major linguistic groups, comprised of some 58 languages and six different cultural regions. There is no completely accurate count of those identifying themselves as Aboriginal, but we do know that the 1992 Indian register (which lists all Status Indians registered under the Indian Act) provides a population figure of approximately 535,000 for this group. From 1991 Census data, it can be estimated that there are about 43,000 Inuit and 175,000 Métis. Those identifying as having other or mixed Aboriginal origins can be estimated at about 375,000. This total of approximately 1.1 million or 4% of the total Canadian population is considered conservative.

Aboriginal people reside in every part of Canada. In the Northwest Territories, Aboriginal people make up the majority of the population. In major cities, such as Regina, Saskatoon, Edmonton, Calgary, Winnipeg and Vancouver, Aboriginal people are a significant percentage of the total population.

It is well established that, despite government promises, the social and economic conditions for Aboriginal people are well below those of most other Canadians.

According to the 1986 Census, the average annual income for Aboriginal men is $26,400, while the average for the male population in total is $30,504. Aboriginal women average $18,540, as opposed to the average for the female population of $19,995. When the official unemployment rates of over 20% are considered alongside these income figures, the economic disadvantage experienced by many Aboriginal workers is clear. The real unemployment rate for many Aboriginal workers is significantly higher, particularly in rural and remote areas where they are often over 50% and run as high as 90%.

This economic disadvantage is only part of the picture.

• Health and life expectancy for Aboriginal people are significantly below the general population. Infant mortality among Aboriginal children is twice the national average and post neo-natal death is four times the national average.

• A 1985 report from the Department of Indian Affairs and Northern Development noted that many on-reserve houses did not meet minimum health and safety standards and that there was a backlogged requirement for over 10,000 housing units. Approximately 60% of Indian homes on reserves lack running water, sewage disposal or indoor plumbing facilities and 38% are without central heating, compared to 5% nationally.

• The level of education is significantly lower than for the general population. The drop-out rate among registered Indians is estimated at about 70%, compared to 30% among all Canadian children. Over 75% of reserve Indians between the ages of 15 and 34 have not finished high school.

• While Aboriginal people make up only about 4% of Canada's population, they constitute more than 10% of the inmates in federal penitentiaries. Native women account for virtually 100% of all the inmates in women's prisons in the Yukon and Labrador, and more than 70% in the Northwest Territories, Manitoba and Saskatchewan.

• The suicide rate for native men ages 20-29 years is 142.2 suicides per 100,000 people as compared to 30.7 per 100,000 people in the total Canadian population.

Overlaying and embedded in these facts is racism and the belief that somehow these conditions are caused by the shortcomings of Aboriginal people, rather than very real systems that directly disadvantage Aboriginal people. The Donald Marshall case is an illustration of a system, theoretically objective, that clearly works against Aboriginal people.

The Canadian labour movement has frequently expressed its support of the struggle of Aboriginal Peoples for the restoration of their sovereign rights.

At the 1992 Canadian Labour Congress Convention, the Alliance and other affiliates called upon the Government of Canada:

• to recognize the rights of the Aboriginal Peoples to self-determination as guaranteed under international law.

• to ensure that these rights are recognized for all Aboriginal Peoples whether they have chosen to participate in the constitutional process or not.

• to acknowledge that negotiations regarding land claims or self-government cannot be considered to be "in good faith" or as just, until the inherent sovereign rights of the Aboriginal Peoples are first recognized and respected.

• to respect treaties with Aboriginal Nations on the same basis as Canada's other International Treaty obligations.

• to recognize that the right to self-determination must include jurisdiction over lands and resources.

• to have a provision in the Constitutional Act which assures the Aboriginal Peoples that no amendments affecting their rights can be made without their consent.

The CLC Statement on Aboriginal and Treaty Rights goes on to say that the "CLC belief is, and always has been, that we do not speak on behalf of Aboriginal Peoples. The CLC believes that every people, or nation, must speak for itself or in agreed conjunction with each other. We are therefore here to provide support and solidarity for the Aboriginal Peoples' struggle".

The Charlottetown Accord, while voted down by a majority of both the Aboriginal and non-Aboriginal population, succeeded in raising the level of discussion about Aboriginal issues. As we enter 1993, the Year of Indigenous Peoples, as proclaimed by the United Nations, there is no question that the issue of self-determination needs to be addressed. What remains is the need to clearly define what constitutes self-determination and how it can best be instituted.

One area where unions can have a direct and positive impact for Aboriginal workers is in the workplace. The Alliance is a strong proponent of employment equity initiatives, not only in terms of the establishment of targets and timetables, but as they address qualitative issues, such as a culturally-sensitive workplace, that ensure targets and timetables can be met. We see employment equity as a means to ensure that qualified workers, who have been overlooked in the past due to overt or systemic discrimination, be provided the framework within which they can fully participate in the workplace.

We are committed to negotiating employment equity where possible and pressing all governments to pass legislation that makes employment equity mandatory and effective. This is fully in line with PSAC Policy Paper 27 - Human Rights.

The Alliance is the bargaining agent for over 160 bargaining units, made up of over 170,000 workers. Among those we represent are employees of Treasury Board (federal), Canada Post, the Northwest Territories and Yukon governments, CSIS, House of Commons, Canada Ports Corp., Deer Lodge Centre and various Hamlets in the north.

Collective bargaining initiatives, such as the expansion of leave to accommodate the differing traditions of Aboriginal workers, play an important part in the development of an employment equity approach and the Alliance is committed to such actions. In the Northwest Territories, where we have a large proportion of Aboriginal members, we have negotiated modified contractual provisions that provide similar protection to those afforded workers elsewhere, but which may be tailored to the particular needs of Aboriginal workers. For example, we have negotiated a Deferred Salary Plan that can take place over any period of time. A worker may work for nine months of the year at 75% salary and then take three months, again at 75% salary, to engage in traditional hunting.

Under the Vacation Travel Assistance provision, northern workers have the right to "fly out" south several times per year. This provision was negotiated with the belief that northern workers were not from the north and that these workers would desire to fly home away from the north. In reality, many northern workers are Aboriginal people, whose land, homes and families are in the north. For these members, the Alliance has negotiated a provision whereby northern workers who do not desire to "fly out" be provided equivalent cash to vacation in their homeland.

There is a contractual obligation that the approximately 40 collective agreements covering over 700 workers be available in several Aboriginal languages. This provision reflects the fact that almost all our negotiating teams in the north are predominantly composed of Aboriginal members.

We have also negotiated the provision of a set number of

Designated Paid Holidays, all of which may be selected by the individual worker. Thus, one worker may choose the days usually bargained into agreements, such as Victoria Day, or those that hold religious significance for that worker, such as Christmas. Another worker may choose other days that relate to his or her religious beliefs or traditions. While this provision only appears in some of our northern agreements, a similar clause could be used to take off Treaty Day, as celebrated among the Mik'maq, for example.

Other unions have won provisions that positively affect Aboriginal workers. The United Steelworkers of America won contract language in 1991 that provided Aboriginal workers at Placer Dome Inc's Dona Lake mine with preference in promotions, transfers and training to ensure equitable representation and distribution in the workforce, as well as leaves of absence without pay for hunting, fishing, trapping and traditional economic activities. The region where the mine is located is primarily populated by Aboriginal people.

The Alliance is also committed to working with all Aboriginal employees in workplaces where we are the bargaining agent to strengthen employment equity initiatives for these workers. At the 1991 Triennial Convention, the Alliance adopted the following resolution:

BE IT RESOLVED THAT the PSAC extend official recognition to the Committee for the Advancement of Native Employment (CANE) as a group to advance aboriginal employment; to provide moral support; to assist CANE in efforts to improve the recruitment, retention, and advancement of aboriginal employees; effect major policy and/or legislative changes to facilitate aboriginal employment; and recognize aboriginal employees as being very distinct and separate from other target groups which include women, handicapped and visible minorities.

• Several reports have been developed and issued by Aboriginal workers identifying problems and recommending solutions. Some of the barriers that have been identified include:

• Rejection resulting from different views/conflicting cultural expectations.

• Poorly conceived employment equity programs that have left those hired in a hostile work environment.

• Patronizing attitudes from co-workers.

• Lack of promotional opportunity.

• Social isolation.

• A sense of tokenism.

• Stereotyping and discrimination.

Aboriginal members who work for Indian Affairs and Northern Development face particular problems in the workplace. Lack of job satisfaction due to the conflict of meeting employer requirements versus the requirements of the Aboriginal community being served has been identified in a number of reports. These members, many of whom applied to Indian Affairs so that they might serve their community, may also find themselves facing a conflict between their loyalties to their community and the requirements of the department. These members require particular support in their workplace.

Aboriginal women often experience even more profound barriers, both in society and in the workplace, in that sexism forms part of the way these workers are seen, producing a complex and unique set of problems. Aboriginal people who also belong to other minority groups, such as those who have disabilities or who are lesbians or gay men, also face double disadvantage. We believe, as a union that holds equality as a fundamental principle, it is essential that these problems be identified and resources be provided for their resolution.

In several studies and reports, Aboriginal workers themselves have proposed solutions to some of these barriers.

• The creation and/or strengthening of Aboriginal supports for Aboriginal workers within the workplace. This includes networking, the development of role models and the inclusion of Aboriginal employees on selection panels.

• The strengthening of employment equity initiatives. This includes the development of specific programs for Aboriginal workers, as well as training for co-workers and managers in the workplace, to ensure it is a healthy and safe environment for the Aboriginal worker (e.g., cross-cultural training).

• Culturally sensitive orientation sessions for all new Aboriginal employees. This might include a clear explanation of the culture and customs of non-Aboriginal co-workers and those processes and procedures that may be foreign to Aboriginal people. Whether Aboriginal workers come from an isolated background or they were simply raised with Aboriginal traditions, the workplace, set up as it is for non-Aboriginals, can be intimidating.

• The assessment of all currently-used testing tools in order to eliminate cultural bias.

• The review of language requirements for particular jobs to ensure Aboriginal workers (who may already speak two languages) are not disadvantaged. Bilingual bonuses for those Aboriginal workers who must use their mother tongue in the performance of their job.

The Alliance does not ask members to self-identify if they are Aboriginal on our membership application, so we have no way of determining exactly how many union members are Aboriginal. Using employment equity statistics provided by Treasury Board, however, we can estimate that at least 3350 of the 4202 Aboriginal Treasury Board employees are represented by the Alliance. The Alliance also represents Aboriginal employees of other employers.

In the Eastern Arctic, it is estimated that 70-80% of our membership is made up of Inuit workers and in the western part of the Northwest Territories, 35-40% are Dene or Métis. Given that we have over 6,500 members in the NWT, we can, therefore, estimate that a minimum of 3,000 of our members in this region are Aboriginal. As well, we represent many Aboriginal workers in the Yukon.

Just based on these estimates, it is clear that a significant number of Alliance members are Aboriginal.

Just as these members have experienced barriers in fully participating in their workplace, they have also experienced barriers in fully participating in their union.

Unions are sometimes perceived as adversarial by nature, although this is often due to the recalcitrance of the employer during negotiations.. We have not often found that a polite request for increased wages or a healthy and safe work environment is well received by our employers. Much of what we have won for our members has been won with a fight.

This perception can be a barrier to the participation of Aboriginal members in the union, as most Aboriginal cultures prefer a cooperative approach to problem-solving. Even though the traditional union approach to decision-making is a vote, it is important to underline that we are beginning to explore different ways of arriving at a decision, such as consensus.

Unions are organized around bargaining or work units. Aboriginal people have a strong identification with their families and community groups. This can sometimes lead to conflicting loyalties in a workplace where there is disagreement between workers and management and Aboriginal employees, perhaps from the same community, are employed at different levels.

Unions also have a way to go in even understanding how we can adequately represent Aboriginal members, from not conducting important union business that would require their involvement during hunting season through to finding a way to defend the rights of our members who are Determinate (Term) employees. The latter point is important as many Aboriginal employees in the federal public service are term employees.

While it is clear that Aboriginal workers and our union have quite different approaches in some situations, it is essential that we keep two things in mind.

First, Aboriginal members need the union. As is the case for all workers, it is the union that wins safe and fair working conditions. Beyond this, our union has an obligation and is fully committed to working with the Aboriginal membership in combatting racism and in ensuring equity in the workplace, the union and society.

Second, our union needs its Aboriginal members involved and active. Our strength as a union is our solidarity and our ability to work together.

In order to begin the process of bringing the Alliance and its Aboriginal members closer together, two Aboriginal members were appointed to the PSAC Equal Opportunities Committee in early 1992 to specifically work on the development of Aboriginal issues. The first two projects that these members have undertaken are participating in the development of and consultation process around this policy and in expanding and strengthening a network of Aboriginal members in the union.

The Alliance is just beginning to recognize the needs of its Aboriginal members and the attached policy will no doubt need significant revision in the years to come. It is, however, a very important start. A union is only as strong as its members, and if only a limited number of members define the union's approach, it will only have a limited relevance. The Alliance is committed to all its members.