Wednesday, July 9, 2014

Zero : DRAFT : Zero

 
Relatives,
  • Please confirm the observation that there is no mention (zero) of the Treaties, or the UN Treaty Study in this zero : draft.


"We call for the restitution of the primary source materials and testimony that was lent to the United Nations system as fundamental to the evidence in document form of the systemic (system to system) nature of the legal relationships between the Nations of Indigenous Peoples and the member states of the UN system for the purpose of the Treaty Study conducted by Dr. Miguel Alfonso Martinez of Cuba.

Such delivery, should be initial act of good faith in terms of the continuing process of systemic documentation among the Nations of Indigenous Peoples and the UN system prior to and as a necessary act of condition to allow for the full and effective participation of the Indigenous Peoples with the High Level Plenary Meeting on an equal basis and without systemic discrimination in the process of producing the Final Outcome Document of the High Level Plenary Meeting of the General Assembly 2014."


  • As this was the initial purpose of sending the Wounded Knee Chiefs to the UN in '73, this cannot be an acceptable outcome of not only the document to be authored by the President of the UNGA upon imposition of the UNHLPM 2014, but the sum of international work within the UN arena some 41 years later.  We are speaking of the recognition, establishment, and integration of the Treaties among our Nations of Indigenous Peoples, and with the government states of the UN system as fundamental to the protection of our collective rights in contemporary international law as Nations of Mother Earth, and not simply minorities or ethnic groups of the states.  While the standards of the UN Declaration on the Rights of Indigenous Peoples may be understood as the minimum threshold within the UN system for recognition of the rights of Indigenous Peoples, without the Treaty Status, namely International Personality of the Nations of Indigenous Peoples beyond the conceptual constraints (Westphalian system) of the UN as a system of global dominion, the minimum can not be the High Level.  Unless of course the intent is to constrain the further development of international law, which now since September 13, 2007 must integrate Indigenous Peoples as Equals.  As a mechanism of such constraint the UNHLPM 2014 is being engineered to deliver a procedural perfume to the translation of the UNDRIP into a minimum standard by states, not a legal obligation.  The result is the reduction at a global level of the right of nationhood of Indigenous Peoples into domesticated dependencies and not Nations in our own right.  An International Convention on the Rights of Indigenous Peoples, the next step in the process after the UN Declaration - is being surgically aborted by the UNHLPM 2014. This is not why the Chiefs of the Independent Oglala Nation were sent to the UN in  1973 from Wounded Knee.

“If we as Indigenous Peoples are equal to all other peoples, our treaties are also equal to all other treaties.”



“We also recommend that a systemic analysis of the history and causes of the colonization, domination and subordination of IP’s and our territories, be undertaken, and that additional studies be commissioned by the Permanent Forum on issues related to the use and impact of the racist Doctrine of Discovery that has allowed States to steal Indigenous territories and resources. We insist that the Doctrine of Discovery be repudiated as a matter of law and policy in the HLPM Outcomes Document.”




  • With the understanding that the final outcome document of the imposed (without consent) UNHLPM 2014 will be constructed in Silence Procedure where only the states will be participants, what is the mechanism to address the void (0x0) that will occur in terms of implementing such a UN policy position when a state such as China proclaims that there are no indigenous peoples within its jurisdiction of state sovereignty? Or, if state government such as (Canada-US-Mexico) prescribes with prejudice recognition only to those native constituencies that fall within the domestic parameters of control within their respective federal systems?

1 comment:

  1. A global forum of states, pretending to be asleep, cannot be woken. This global intention to do wrong cannot sustain itself if found to be illegitimate anywhere on earth. Here in Aotearoa, the colonial state remains illegitimate and any proposition to add legitimacy to the Discovery Doctrine here, is in fact fraud. We will not in any way, be considered as domestically "contained" or "settled" by way of a transplanted Westminster opinion, at least in the foreseeable future and certainly, not by September 2014. We are one absolute certainty out unless things change to include all indigenous peoples and Nations as equals.
    Kahi Takimoana Harawira
    Whakaminenga

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