Background 2.1 The authors state that the Mikmaq are a people who have lived in Mikmakik, their traditional territories in North America, since time immemorial and that they, as a free and independent nation, concluded treaties with the French and British colonial authorities, which guaranteed their separate national identity and rights of hunting, fishing and trading throughout Nova Scotia. It is further stated that for more than 100 years Mikmag territorial and political rights have been in dispute with the Government of Canada, which claimed absolute sovereignty over Mikmakik by virtue of its independence from the United Kingdom in 1867. It is claimed, however, that the Mikmaqs1 right of self-determination has never been surrendered and that their land, Mikmakik, must be considered as a Kon-SelfGoverning Territory within the meaning of the Charter of the United Nations. 2.2 By Constitution Act, 1982, the Government of Canada "recognized and affirmed" the "existing aboriginal and treaty rights of the aboriginal peoples of Canada" (art, 35{1), comprising the Indian, Inuit and Metis peoples of Canada (art. 35(2)). With a view to further identifying and clarifying these rights, the Constitution Act envisaged a process that would include a constitutional conference to be convened by the Prime Minister of Canada and attended by the first ministers of the provinces and invited "representatives of the aboriginal peoples of Canada". The Government of Canada and the provincial governments committed themselves to the principle that discussions would take place at such a conference before any constitutional amendments would be made and included in the Constitution of Canada in respect of matters that directly affect the aboriginal peoples, including the identification and the definition of the rights of those peoples (arts. 35(1) and 37(1) and (2)}. In fact, several such conferences were convened by the Prime Minister of Canada in the following years, to which he invited representatives of 4 national associations to represent the interest of approximately 600 aboriginal groups. These national associations were the Assembly of First nations (invited to represent primarily non-status Indians), the Metis National Council (invited to represent the Metis) and the Inuit Committee on National Issues (invited to represent the Inuit). As a general rule, constitutional conferences in Canada are attended only by elected leaders of the federal and provincial governments. The conferences on aboriginal matters constituted an exception to that rule. They focused on the matter of aboriginal self-government and whether, and in what form, a general aboriginal right to self-government should be entrenched in the Constitution of Canada. The conferences were inconclusive. Ho consensus was reached on any proposal and no constitutional amendments have as a result been placed before the federal and provincial legislatures for debate and vote. 2.3 While the State party indicated, on 20 February 1991, that no further constitutional conferences on aboriginal matters were scheduled, the authors point out, in comments dated 1 June 1991, that the State patty's Minister of Constitutional Affairs announced, during the last week of May 1991, that a fresh round of constitutional deliberations, to which a "panel" of up to 10 aboriginal leaders would be invited, would take place later that year (1991). -206-