UN Declaration on Rights of Indigenous Peoples

[Ric_Richardson]

Tansi;

Just received this.

Please find below the communique issued Monday by the Indigenous Peoples' Caucus.. This document should be widely distributed.
Following the communiqué is a letter sent to each of the States' Missions to the United Nations, providing reasons why a delay to the adoption of the Declaration would be against the interests of the human rights standard. I attach the document that was transmitted, for your information and wider dissemination. I have also set out the document below in case the attached file does not open.

This communique has been prepared following a clear attempt by some States to mislead their intentions to prevent the adoption of the Declaration, by suggesting that a 'consensus' will be achieved through delaying adoption. While Indigenous Peoples' delegations had made it clear during previous meetings that no changes to text was to occur, that no alteration in the meaning or application of the declaration was allowed, and that immediate adoption was a requisite, we took the view, at a meeting of representatives of all regional caucuses of the Indigenous Peoples, that a re-issue of our position in a clear statement was needed. The following communique was issued.

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INDIGENOUS PEOPLES’ CAUCUS
UNITED NATIONS
General Assembly
61st Session
NEW YORK
13 November 2006
COMMUNIQUE

The Indigenous Peoples’ Caucus held an emergency meeting this morning due to a report that a few States will take procedural actions to derail the adoption of the Declaration on the Rights of Indigenous Peoples. This report is evidenced by the Government of Botswana’s statement delivered to the Third Committee on 10 November, which contained a highly inaccurate and prejudicial interpretation of the Declaration provisions. Upon review of this written statement, we note that Botswana has adopted the words and views of the governments of Canada, Australia, New Zealand, and the United States. Their intent appears to threaten the adoption of the Declaration. In contrast, the Indigenous Peoples’ Caucus acknowledges the overwhelming state support for the Declaration. Though these many allies and co-sponsors of the Peruvian resolution recommending UNGA adoption of the Declaration (A/C.3/61/L.18) have made repeated, unsuccessful efforts for dialogue with all States, Botswana seems entrenched to do major violence to the text of the Declaration or to defeat its adoption by UNGA. In response to this development, we issue this statement.

The Indigenous Peoples’ Caucus hereby affirms their global and unanimous support for the Declaration on the Rights of Indigenous Peoples as adopted by the UN Human Rights Council on June 29, 2006.

The Indigenous Peoples’ Caucus hereby repeats its request that the UN General Assembly immediately adopt the Declaration on the Rights of Indigenous Peoples, which constitutes the minimum standards for the survival, well-being and dignity of Indigenous Peoples worldwide. Such action should take place before the end of 2006.

The Indigenous Peoples’ Caucus does not support any proposal for extensions of time, establishment of committees, working groups or any other forum for consideration of the illegitimate “concerns??? of the governments of Botswana, Canada, Australia, New Zealand and the United States, under any conditions.

The Indigenous Peoples’ Caucus hereby demands that the proponents (Botswana, Canada, Australia, New Zealand and the United States) of any such proposals cease their self-serving politicization of the United Nations as well as their abuse of the rules of procedures and persistence of double standards in the context of the human rights of Indigenous Peoples.

The Indigenous Peoples’ Caucus supports the United Nations objective to usher in a new era for human rights within the UN system, to strengthen human rights as one of the pillars of global order, and the Human Rights Council's role to establish a non-political approach to human rights for all peoples and individuals. In light of the appalling human rights records of Botswana, Canada, Australia, New Zealand and the United States in the context of Indigenous Peoples, it is unconscionable that they have chosen to reject one of the first HRC recommendations for the approval of a UN human rights instrument specifically addressing the unique status and rights of Indigenous Peoples.

The world community must acknowledge that Indigenous Peoples worldwide have expended over 21 years and immeasurable resources to engage in good faith, transparent, intellectually honest debate and negotiation with States in order to achieve consensus on the Declaration provisions. The result has been a fair and balanced text, which takes into account the concerns of States as well as the rights of others and is consistent with international law, including the Charter of the United Nations.

This current State opposition to one of the first recommendations of the new Human Rights Council is immoral and without legitimate or substantive cause. If successful, such action will seriously undermine and potentially deem irrelevant the whole of the UN human rights regime for not only Indigenous Peoples but for all humanity.

Finally, the Indigenous Peoples’ Caucus notes the irony of State consensus and support for a legally binding Convention [for the Protection of All Persons from Enforced Disappearance] while at the same time in the context of the world’s most vulnerable, poverty stricken, human rights victims, that Botswana, Canada, Australia, New Zealand and the United States cannot support a non-binding, aspirational Declaration on the Rights of Indigenous Peoples.



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[Ric_Richardson]

Part 2

General Assembly
61st session
United Nations, New York
12 November 2006

U.N. Declaration on the Rights of Indigenous Peoples

Human Rights Response:
Why a proposal to delay adoption should not be supported


1. Declaration based on core international principles and values. The Declaration is based on core international principles and values that embrace tolerance, peace and respect for the dignity of all cultures and peoples. In particular, the Declaration is described as a “standard of achievement to be pursued in a spirit of partnership and mutual respect???.

2. Human rights of all must be respected. Human rights are generally relative in nature and not absolute. Consistent with the U.N. Charter, the Declaration specifically requires that the “human rights and freedoms of all shall be respected???.

3. Provisions must be read in overall context. Each provision of the Declaration cannot be read in isolation, but rather interpreted in the context of the instrument as a whole. To do otherwise, would lead to extremist and absolute interpretations that could not be justified under the Declaration or international human rights law as a whole. Regretfully, the CANZUS group – Canada, Australia, New Zealand and United States – continues to interpret the Declaration in this fragmented and erroneous manner.

4. No new rights created. The Declaration does not create new rights. It elaborates upon existing international human rights standards as they apply to Indigenous peoples.

5. Rule of law and other core international principles always considered. Every provision of the Declaration must be “interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith. This allows for both flexibility and balance. The reference to “good governance??? ensures that the rule of law within States is fully considered in every instance without exception. As an aspirational instrument, the Declaration does not upend the rule of law domestically or internationally.

6. Broader agreement not possible. As the Chair of the intersessional Working Group on the Declaration has concluded, along with many States, additional time will not lead to any broader agreement. This is in large part because of the obstructionist role repeatedly played by United States, Australia and New Zealand during the Working Group.

7. Re-opening negotiations likely to kill the Declaration. Re-opening negotiations on the Declaration is certain to create serious new divisions and prevent its adoption by the General Assembly. Such an extreme step would be unconscionable.

8. Harmonious and cooperative relations encouraged. The Declaration explicitly encourages “harmonious and cooperative relations??? between States and Indigenous peoples. Nine preambular paragraphs and 15 operative articles specify consultations, cooperation or partnership between Indigenous peoples and States.

9. Over 20 years of discussion. There have already been more than 20 years of discussions on the Declaration among States and Indigenous peoples in U.N. Working groups. This makes the Declaration one of the most discussed and studied declarations in U.N. history. All revisions by the Chair were based on prior discussions.

10. Any “procedural??? resolution for delay would be highly detrimental. It is shocking and disturbing that there could be an amendment or resolution to re-open negotiations on the Declaration. Such a proposal is not procedural since it could destroy the Declaration.

11. Misleading strategy already attempted at Human Rights Council. Last June, Canada tried and failed with a similar strategy at the first meeting of the Council. In its Statement on June 27, 2006, Canada quoted its Minister of Indian Affairs as saying issues could be resolved by all parties “in a few more months???. This claim was knowingly false and misleading. Just the day before, Canada’s Prime Minister Stephen Harper indicated in writing the need for a “two-year negotiation mandate???.

12. CANZUS group of States politicizing rights in the Declaration. Based on their own domestic agendas, a few Western States are actively encouraging other States to delay the adoption of the Declaration under the guise of seeking “improvements???. In so doing, the CANZUS group is continuing to politicize Indigenous peoples’ human rights. Such actions severely undermine the Council and current U.N. reforms.

13. For the past 8 months CANZUS group has avoided all consultations with Indigenous peoples. The CANZUS group already had the past eight months to consult with Indigenous peoples within their own respective countries on any State concerns with the Declaration. Yet none of these States engaged in any consultations with Indigenous peoples. None of these States genuinely seek to “improve??? the Declaration.

14. Canada violating its constitutional and international obligations. Despite its constitutional obligations to consult Indigenous peoples, Canada has opted to vigorously and unilaterally oppose the Declaration through procedural and other strategies during the past eight months. As a Human Rights Council member, Canada is failing to “uphold the highest standards in the promotion and protection of human rights … [and] fully cooperate with the Council???, as required by the General Assembly.

15. Essential for survival, dignity and well-being of Indigenous peoples. The Declaration promotes equality and non-discrimination for all. The Declaration is essential for the survival, dignity and well-being of the Indigenous peoples of the world.

16. Strengthens international human rights system. Adoption of the Declaration by the General Assembly supports the vital work of the Human Rights Council and strengthens the international human rights system as a whole.

Issued by the Indigenous Peoples’ Caucus – November 12, 2006



______________
Les Malezer
Chairperson, Indigenous Peoples Caucus at UN

CONTACT
Email: les.malezer@faira.org.au
Cell: +1 (917) 774 7436
Website: www.ipcaucus.net

OFFICE
The Church Center
777 UN Plaza
IITC Office, 8th Floor
New York, NY 10017

Tel: +1 (212) 682 3633 ext. 3123
Fax: +1 (212) 682 5354
 
 
Kent Lebsock 
   
  746 9th Avenue, Apt. 3FS
New York, NY 10019 
iamkent@verizon.net  tel:
mobile:  917-751-4239
917-751-4239 
 
 
   
 

[Ric_Richardson]

Tansi;

As the UN votes on the Declaration of Rights of Indigenous Peoples today, it is expected that the non-binding declaration will likely pass.  It is truly unfortunate that some countries, in the "developed" world, will likely vote against it.

These countries include Canada, the United States, New Zealand and Australia.

Ric

[tachia]

the UN declaration did pass .. those four countries were the only four that voted against it .. .. .. but .. .. is a non-binding declaration worth much more than the paper it is written on?? ..

many of our indigenous nations are not at all happy about this non-binding, non-enforceable declaration .. and as such have enacted an Indigenous organization made up of many nations (over 40 now), "the Turtle Island Confederacy" .. to address this and put forth a declaration of our own .. please email me for more information ..

i am just going to post the recent press releases and declaration for you all .. .. this is of course a work in progress .. our peoples have been involved and working on this for at least a year if not more .. i am just recently involved .. and would be happy to put anyone in touch with those more knowledgeable than myself .. there is contact information on the sept 14 press release ..
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DECLARATION OF SOVEREIGNTY OF THE CONFEDERATED NATIONS OF THE INDIGENOUS PEOPLES OF THE AMERICAS AND DEMAND FOR IMMEDIATE RECOGNITION OF NATION-STATE STATUS

AND NOW, THE Indigenous Peoples desiring to re-assert their Creator- given rights to live, prosper and care for their ancestral lands, said rights arising from time immemorial; the Indigenous Peoples desiring to re-assert such Creator-given rights through their ancestral Nations;

IT APPEARING, that such Creator-given rights were never surrendered and could never be surrendered, voluntarily or otherwise; IT FURTHER APPEARING that such Creator-given Sovereignty may co-exist with the sovereignty asserted by other non-indigenous Nations, such mutual sovereignty able to exist in the same space and at the same time;

THEREFORE, The Indigenous Peoples hereby demand immediate recognition of such Creator-given Sovereignty and collectively and unanimously agree to take all steps deemed by all to be necessary and appropriate to obtain such recognition from all affected non-indigenous Nations, including the United States of America, Canada, Mexico, and any other Nation whose sovereignty currently infringes upon the Sovereignty of the Confederated Nations of the Indigenous Peoples of the Americas, said Sovereignty, Rights, Demand and Steps arising under the following
PRINCIPLES, hereby deemed to be immutable as having derived directly from the Creator:

FIRST, each and every Indigenous Person of the Confederated Nations of the Indigenous Peoples of the Americas, regardless of which Indigenous Nation that Indigenous Person was born into, is born endowed with Sovereign status because such Sovereignty is Creator-given and may not be modified, amended, taken away or destroyed by any human or any institution created by any human or any combination of humans, whether by force or by Treaty;

SECOND, each and every Indigenous Person of the Indigenous Peoples of the Americas, by and through their respective Nations, neither ceded, nor was ever able to cede, as set forth FIRST above, their Creator-given Sovereignty, either through Treaty or any other such document or device, whether Ordered by any Court of any Nation or otherwise;

THIRD, the Indigenous Peoples of the Americas, by and through their respective Nations, are entitled to all accoutrements of Sovereignty, including the right to be recognized as nation-states by all other nation-states, whether existing or to be created, the right to enact laws for the benefit of their Peoples and to regulate commerce, from the determination of who shall constitute the Peoples, maintaining the status of the Peoples, from birth to passing, to the right to impose taxes, if any; that is, the Confederated Nations of the Indigenous Peoples of the Americas shall have all the rights and accoutrements of any internationally recognized nation-state under international law; and

FOURTH, each and every Indigenous Person of the Confederated Nations of the Indigenous Peoples of the Americas is an individually Sovereign Human Being, having arisen from and being part of Mother Earth, born with inherent Sovereignty that may co-exist in the same space and at the same time with the sovereignty of other nation-states whose sovereignty currently infringes upon the Sovereignty of the Indigenous Peoples of the Americas, such that each and every Indigenous Person has the inherent right to reside, be gainfully employed, travel, hunt, gather, or engage in any other activity enjoyed by Human Beings as such, anywhere in the Americas, without any interference or impediments from the infringing nation-states.
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The Turtle Island Confederacy
PRESS RELEASE
September 12, 2007

The much touted United Nations’ Declaration on The Rights of Indigenous Peoples (the “UN Declaration???) is to be voted on by the United Nations’ General Assembly on September 13, 2007. This document, however, is not the true Declaration. Indeed, this document does nothing strategic to advance the plight of Indigenous Sovereign Nations around the world.

Dozens of Indigenous Nations throughout Canada and the United States have now agreed to move forward with their own Declaration, to band together to re-assert their inherent sovereignty, inviting all Indigenous Sovereign Nations from all around the world to join. This newly con-federated Nation is appropriately named “The Turtle Island Confederation. Those who know will understand that “Turtle Island??? is another traditional name for “the World. This is truly a universal Declaration. The Hereditary Chiefs of these Indigenous Sovereign Nations will gather at a signing ceremony to take place at a central location in Michigan on November 24, 2007, at which time The Turtle Island Confederacy will be born.

Again, those who know will understand that the traditional governing systems and the traditional cultures of these Indigenous Sovereign Nations were and continue to be decimated by laws enacted by their “host??? countries, including Canada and the United States, which laws, among other things, impose false (proxy)(foreign) governments on our people. Unlike the UN Declaration, this true Declaration of true Sovereignty has the blessing of the Creator and International Law.

The Hereditary Chiefs sincerely acknowledge the hard work of the Indigenous Non-Governmental Organizations (NGOs) that have participated in the negotiation and drafting of the UN Declaration over the course of the past 20 years. However, it must be said in fairness that this process was undertaken without the full consent of the indigenous peoples whom the NGOs purported to represent. That is to say, the vast majority of indigenous peoples had (and still have) no idea either that this process was ongoing or, if they did, how it might affect them or whether and how they could make comments known. How many people understand exactly how the people involved with these NGOs were appointed or precisely what their mandates were when negotiating the terms of the UN Declaration? What is clear is that, at the last minute, these NGOs were excluded by the UN Member States and that the UN Member States incorporated 9 self-serving Amendments without first consulting with either the powerless NGOs or the Indigenous Sovereign Nations. Finally, the UN Declaration has no enforcement mechanism drafted into it such that no Member State is bound to abide by the terms of this document in any event. What rights can this document assure?

In stark contrast to the limited utility of the UN Declaration, the creation of The Turtle Island Confederacy on November 24 will immediately free the Indigenous Sovereign Nations to re-assert their sovereignty, an inherent sovereignty that was never surrendered and never could have been surrendered. It has taken the Indigenous Sovereign Nations over 200 years to regroup and arrive at this crucial point in history to commence performing their sacred duties to care for Mother Earth and, hence, all people. It is no accident and no coincidence that the Creator has chosen this time to arrange the rebirth of this ancient Nation. The air, the water, the land and all living things are in danger now as never before. The Turtle Island Confederation is born from all things positive, not from anger for past oppression and atrocities undeniably committed. These things are forgiven. When the colonizers arrived, we welcomed them and cared for them when they could not care for themselves. They were like children sitting at our feet in need of sustenance, which we gladly provided. The children grew up steadily over the course of several hundred years, only to rebel against their caregivers, reacting with greed and forgetfulness of all we did for them and all we tried to teach them. For this they are also forgiven. The time has come, however, when these now young adults must realize and admit the innocent error of their youthful and frivolous ways and submit once again to the wisdom and care of those who raised them. Unwittingly, they developed along the way the technological and linguistic means for all Indigenous Sovereign Nations to now join together with one good mind and one pure heart for the good of all humans.

In conclusion, The Turtle Island Confederacy extends an open invitation to all Indigenous Sovereign Nations to join us on this historic and epic peaceful path into the future and also to convey this all-important message to all colonizing states: “The Turtle Island Confederation extends, once again, its open hand in friendship and in good faith as our gesture of our desire to continue to coexist for the benefit and respect of all people and our one true Mother “,Turtle Island.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

THE TURTLE ISLAND CONFEDERACY
PRESS RELEASE
September 14, 2007:
Dozens of Indigenous Sovereign Nations throughout Canada and the United States have agreed to move forward with a Declaration of Sovereignty, by which these Indigenous Sovereign Nations will band together to re-assert their inherent sovereignty, inviting all Indigenous Sovereign Nations from all around the world to join. This newly con-federated Nation is appropriately named “The Turtle Island Confederacy. Those who know will understand that “Turtle Island??? is another traditional name for “the World. This is truly a universal Declaration. The Hereditary Chiefs of these Indigenous Sovereign Nations will gather at a signing ceremony to take place at a central location in Michigan on November 24, 2007, at which time The Turtle Island Confederacy will be born.
Again, those who know will understand that the traditional governing systems and the traditional cultures of these Indigenous Sovereign Nations were and continue to be decimated by laws enacted by their “host??? countries, including Canada and the United States, which laws, among other things, impose false (proxy)(foreign) governments on our people. This true Declaration of true Sovereignty has the blessing of the Creator and International Law.
The creation of The Turtle Island Confederacy on November 24 will immediately free the Indigenous Sovereign Nations to re-assert their sovereignty, an inherent sovereignty that was never surrendered and never could have been surrendered. It has taken the Indigenous Sovereign Nations over 200 years to regroup and arrive at this crucial point in history to re-commence performing their sacred duties to care for Mother Earth and, hence, all people. It is no accident and no coincidence that the Creator has chosen this time to arrange the rebirth of this ancient Nation. The air, the water, the land and all living things are in danger now as never before. The Turtle Island Confederacy is born from all things positive, not from anger for past oppression and atrocities undeniably committed. These things are forgiven. When the colonizers arrived, we welcomed them and cared for them when they could not care for themselves. They were like children sitting at our feet in need of sustenance, which we gladly provided. The children grew up steadily over the course of several hundred years, only to rebel against their caregivers, reacting with greed and forgetfulness of all we did for them and all we tried to teach them. For this they are also forgiven. The time has come, however, when these now young adults must realize and admit the innocent error of their youthful and frivolous ways and submit once again to the wisdom and care of those who raised them. Unwittingly, they developed along the way the technological and linguistic means for all Indigenous Sovereign Nations to now join together with one good mind and one pure heart for the good of all humans.


In conclusion, The Turtle Island Confederacy extends an open invitation to all Indigenous Sovereign Nations to join us on this historic and epic peaceful path into the future and also to convey this all-important message to all colonizing states: “The Turtle Island Confederacy extends, once again, its open hand in friendship and in good faith as our gesture of our desire to continue to coexist for the benefit and respect of all people and our one true Mother, “Turtle Island.


Contact Information:

Jake_Kokomville@hotmail.com (Chief, Algonquin)
Chief_Capilano@hotmail.com (Chief, Squamish)
Gmetallic@hotmail.com (Chief, Mi’gmaq)
Tonyplaw@optonline.net (Attorney, Mohawk)

[tachia]

"There is going to be a gathering on November 25, 2007 (tentative) in Michigan. The meeting will be a four day conference of many tribal leaders and spiritual Elders."

 
This conference is still in planning stages and a conference call will be held in regards to this matter on Sunday at 5:00pm New York Time.

(there have been numerous conference calls, interested peoples are invited to participate/listen)

I can forward the conference phone number to you upon your request.

[RayoDeSol]

Hi All!

I've read this short thread and a lot of info, statements, opinions, articles, etc on the net, but still looking for answers in order to get an up-to-date view:

Is there already a possibility for criminal charges filed against exploiters on the base of this declaration and in conjunction with US/Canadian federal and/or state laws?
I’m almost inclined to answer myself: there is not.
- If so, what has been done to move forward since then other than the revised opinions of the 4 governments not voting for in 2007?
- If yes, where would I be able to find info about it? Anyone knows?

Also: am looking for translations of the declaration in other European languages – any help there is much appreciated – links on the net, saved files, etc.

Thank you very much for all help on this issue!
I.

[earthw7]

I beleieve that the United States and Canada are the only ones who have not signed as July 2010

[RayoDeSol]

Yes, I know, earth, thanks for pointing it out, wrong wording.
Australia and New Zealand have reversed their positions, also Colombia and Samoa (of the former 11 abstentions)
Canada and the US are "looking" into it, Canada stating stating that it will take steps to endorse the Declaration “in a manner fully consistent with Canada’s Constitution and laws”    2010 statement by Rice is well known, I believe.

[dabosijigwokush]

is it possible to get this translated into the native languages as well
and to get each native nation to ratify it, adopt it, and to requinze each other as sovereign native nations with out the governments interference
and to establish our own trade agreements, and immigration laws

[Defend the Sacred]

is it possible to get this translated into the native languages as well
and to get each native nation to ratify it, adopt it, and to requinze each other as sovereign native nations with out the governments interference
and to establish our own trade agreements, and immigration laws

Good idea.

[apukjij]

i like the idea too, heres a link for it translated in Mi'kmaq for anybody interested. i cant translate it as i am not fluent > yet.
i wonder if any other Nations have translated it as well?
http://mikmawey.uccb.ns.ca/wtui.html

[RayoDeSol]

That is more than a good idea, it is a great idea 

[amorYcohetes]

i like the idea too, heres a link for it translated in Mi'kmaq for anybody interested....i wonder if any other Nations have translated it as well?

Glad to see this conversation here  .  For those that are interested, I see this page has links to pdf "unofficial" translations of the Declaration in several indigenous languages including Quechua http://www.dialoguebetweennations.com/.  You have to scroll down a little ways; the site is not very well laid out.

[dabosijigwokush]

why are the only native nations mentioned in the united nations  forum groups that are under question?

New Jersey Sand Hill Band of Lenape

Ani Tsalagi Onaselagi Northeastern Band (the oldest Cherokee tribe in NJ)

there needs to be a letter from every native nation in usa and canada and mexico to the U. N.

[czech]

President Obama announced that the U.S. would finally endorse the United Nations Declaration on the Rights of Indigenous Peoples

http://blog.amnestyusa.org/women/president-obama-endorses-the-un-declaration-on-the-rights-of-indigenous-peoples/