Today we stand together in Ceremonial Solidarity as a Continental Indigenous Movement of Abya Yala to remind the government states of the Americas that yes, they may be states of status within the UN system, within the system of the Organization of American States, within the International Monetary System, within each and every one of the States of Colonialism, but it is WE, the ORIGINATIONS of ABYA YALA who remain the NATIONS of Indigenous Peoples of the continent and the Natural World across the entire planet.
As Nations, we have TREATIES with your states. As states, you have TREATIES with our NATIONS, and our CONFEDERATIONS OF NATIONS. These mutual TREATY RIGHTS and obligations must be fulfilled in good faith. And further, since the adoption of the United Nations Declaration on the Rights of Indigenous Peoples on September 13, 2007, which confirms that: “Indigenous Peoples are EQUAL to all other Peoples”, WE MUST DEMAND ONCE AGAIN that our TREATIES be integrated into the CORPUS OF INTERNATIONAL LAW as TREATIES EQUAL TO ALL OTHER TREATIES. As INTERNATIONAL TREATIES, the venues to address TREATY ISSUES must be competent to address the international scope of the issues, one that is competent in jurisdiction - namely an INTERNATIONAL VENUE.
Yet unless such a venue has as fundamental element the OFFICIAL ARCHIVE of the Treaties in Question, not merely as a set of DOMESTIC AGREEMENTS between government states and Indigenous Populations, but as TREATIES between Nations and States, the process will not produce justice as an outcome. Therefore, it is essential that the need for an official Treaty Archive of Indigenous Treaties within the UN system itself be addressed as a fundamental FIRST STEP to address the common concerns.
|V Continental Summit of Indigenous Nations and Pueblos - Cauca [Colombia] 2013|
HUMAN RIGHTS OF INDIGENOUS PEOPLES
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection
Study on treaties, agreements and other constructive arrangements between States and indigenous populations
Final report by Miguel Alfonso Martínez, Special Rapporteur