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Kahnawake Considers Legal Action
21 January, 2008

NEWS

SOURCE: iGaming Business

Following last week’s decision by the UK’s Gambling Commission to exclude the Mohawk Council of the Kahnawake in Canada from its white-list of permitted advertisers, the band has announced that it is considering legal action.

A large number of online gambling companies are hosted and licensed by the Canadian First Nation enclave close to Montreal and the Kahnawake Gaming Commission stated that the exclusion is deeply disappointing.

Grand Chief Michael Ahrihrhon Delisle emphasised Kahnawake's "long-standing reputation as the world leader in Internet regulatory compliance and enforcement" and said that recently white-listed Tasmania "has no such history".

"Despite having been the first jurisdiction to accept and implement the world-recognised eCOGRA standard, the implementation of a mandatory continuous compliance policy and our consistent enforcement of what may very well be the world’s most stringent due diligence program, our name has not been added to the UK’s exclusive white-list," said Delisle.

"Kahnawake has concerns regarding the process undertaken by the UK authority and has initiated inquiries to ascertain whether the application was afforded fair and objective consideration, which, at this point, we do not believe was the case."

Delisle stated that the decision may be in conflict with commitments made in the United Nations Declaration On The Rights Of Indigenous Peoples signed in September of last year.

The UK is a signatory and Kahnawake is now seeking advice on potential recourse under Article 20 of the Declaration.

"Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities," reads Article 20.

"Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress."

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