In 2007, the Haudenosaunee Confederacy Chiefs Council (‘HCCC’) was swamped with developers seeking approval of projects within areas of Haudenosaunee jurisdiction including the Haldimand Tract.
Due to recent Canadian legal decisions and because the Crown failed to deal with Haudenosaunee rights, developers were approaching the HCCC directly.
The problem of development on Haudenosaunee lands is not a new problem. Historically developers were simply called squatters – and the solution was to ensure that lands were leased rather than sold. This was done for the perpetual care and maintenance of the Haudenosaunee people and consistent with one of the mandates of the HCCC, which is to protect the interests of the Haudenosaunee people.
Damage to the environment and infringement on Haudenosaunee rights pushed the HCCC to develop a process for dealing with modern day squatters. The HCCC have assigned certain individuals to create a process and an institution to ensure that rights are protected. That process is currently called the Haudenosaunee Development Institute (HDI).
The HDI functions and operates in accordance with Haudenosaunee Law. The HDI is not about any individuals – it is about establishing a process and structure that protects Haudenosaunee rights long after any individuals are gone.
Currently the HDI process asks developers, individuals or governments to submit an application for a project to be considered for a land use agreement. The land use agreement is simply renewing the original intent of the Chiefs in terms of providing for the perpetual care and maintenance of the Haudenosaunee people. At no time will any land use agreement surrender or relinquish Haudenosaunee ‘title’ to the land. Approval is not automatic. Currently where a project is recommended for approval by the HDI, final approval must be provided by the HCCC and its processes.
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