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.
