Joint Intervention
The Haudenosaunee and the American Indian Law Alliance.
6th Session of the Expert Mechanism on the rights of
indigenous peoples (EMRIP)
8-12 July 2013, Geneva, Switzerland
Agenda Item 3. World Conference on Indigenous Peoples
Mr. Chairman,
1) We wish to address an issue of interest to the Expert
Mechanism on the rights of indigenous peoples (EMRIP) under Agenda Item 3.
World Conference on Indigenous Peoples. (This refers to the UN High Level
Plenary Meeting of the General Assembly to be known as the World Conference on
Indigenous Peoples, referred to as HLPM/WCIP, which will convene in New York,
22 – 23 September 2014), We respectfully request that Indigenous Peoples and
Nations be given a rightful status for participation in all UN fora.
2) This position was submitted through an intervention
presented by the American Indian Law Alliance, the Haudenosaunee, et al. at the
Twelfth Session of the UN Permanent Forum on Indigenous Issues, under Agenda
Item 8: Future work of the Permanent Forum, including matters of the Economic
and Social Council and emerging issues.
3) Since 1923 and more recently 1977, the Haudenosaunee and
other traditional governments of the Western Hemisphere and beyond have
pioneered the Indigenous presence at the United Nations and other international
venues. The Haudenosaunee have been active in every session of the UN Permanent
Forum on Indigenous Issues, taken part in critical conferences, working groups
and numerous UN fora over the past several decades. The Haudenosaunee were
central in the drafting and the adoption of the UN Declaration on the Rights of
Indigenous Peoples in 2007 by the UN General Assembly. Throughout these decades
of work traditional Indigenous governments have been advocating for a proper
status within all UN processes. It should be noted that the same traditional
governments have never referred to themselves as NGOs or domestic dependent
nations. The work of traditional Indigenous Nations and Peoples in UN fora has
been ongoing, and it is time for an appropriate status in the UN system.
4) It should be further noted that the Outcome Document from
the recent preparatory meeting in Alta, Norway for the HLP/WCIP which took
place on the traditional territories and lands of the Sami people in Alta,
Norway, 10–12 June 2013 states, “Pursuant to the universal application of the
right of self determination for all Peoples, recommends that the UN recognize
Indigenous Peoples and Nations based on our original free existence, inherent
sovereignty and the right of self determination in international law. We call
for, at a minimum, permanent observer status within the UN system enabling our
direct participation through our own governments and parliaments. Our own
governments include inter alia our traditional councils and authorities.”
5) The Alta Outcome Document calls for a minimum of
permanent observer status within the UN system. Recognizing the wide array of
rights and privileges accorded to permanent observers, we support this call
with the understanding that this must be interpreted to go beyond the rights
and privileges of a NGO in consultative status with the Economic and Social
Council (ECOSOC). And we call for the rights and privileges to include, at a
minimum, to; participate in sessions and work of international conferences
convened under the auspices of the General Assembly, take part in the work of
other UN agencies, the right to participate in the general debate held at the
start of the sessions of the General Assembly, the right to have our
communications issued and circulated as official documents of the UN, the right
to cosponsor resolutions, and the right to raise points of order on Indigenous
Issues. Additionally, Indigenous permanent observer representatives need to be
seated in an appropriate location commiserate with permanent observer status.
6) Therefore Mr. Chairman, we would respectfully request
that the Expert Mechanism on the rights of indigenous peoples consider for its
future work the following recommendation:
7) Recognizing that the Haudenosaunee and other indigenous
Nations and Peoples have continued to express their fundamental right to
self-determination and their original unbroken right to sovereignty over their
lands, resources, and territories; we recommend permanent observer status be
given serious consideration, building upon the recommendation of the Expert
Mechanism in 2011, “adopt, as a matter of urgency, appropriate permanent
measures to ensure that indigenous peoples’ governance bodies and institutions,
including traditional indigenous governments, indigenous parliaments,
assemblies and councils, are able to participate at the UN as observers with,
at a minimum, the same participatory rights as non-governmental organization in
consultative status with the Economic and Social Council” U.N.Doc. A/HRC/18/43
(Aug. 19, 2011).
8) We would go further, Mr. Chairman, and bring to your
attention the permanent observer status of entities which have received a
standing invitation to participate as permanent observers in the sessions and
the work of the General Assembly and while maintaining permanent observers at
UN Headquarters, as examples we suggest you look towards the Permanent Observer
Mission of the Holy See and the Permanent Observer Mission of Palestine. Indigenous
Peoples and Nations cannot lock ourselves into a minor position; our position
has always been that we are equal to all peoples and nations.
9) In closing Mr. Chairman, Considering that Indigenous
Nations and Peoples have worked diligently these past several decades within
the international community of nations and have done so on a level that
represents our status as sovereign, independent nations we therefore feel that
permanent observer status within the UN system is reasonable and appropriate.
Thank you Mr. Chairman for your kind attention and we wish
you well with your work.