United Nations
Permanent Forum on Indigenous Issues
14th Session June 20,
2015
Agenda Item: 3a)
Outcome of the High Level Plenary [WCIP] of September 2014
We
call for an effective decolonization methodology
of operation that recognizes the dual
mandate of the UN Permanent Forum, namely that of the member states of the
UN system established through the UN Charter as a derivative of the Wesphalian systemof state sovereignty formalized in 1648, and the Diverse and distinct Mandates
of Tradition, Jurisprudence and Jurisgenesis of the Original Nations of Indigenous Peoples as geopolitical expressions
of the Territorial Integrity of Mother Earth.
Ideas for reform of
Forum annual sessions:
We
propose that the concept and identity of Indigenous Peoples as "Peoples,
equal to all other peoples ...." be instituted without the system wide
discrimination planned or not, that reduces our participation within the UN
system to the category of "Indigenous Issues" as is still evident in
this 14th session of the Forum in spite of repeated interventions on this question
over the many years.
Constructive and Substantive
Questions and Answers:
As
brought forward by former Permanent Forum member Tonya Gonella Frichner, in her
Preliminary Study on the Doctrine of Discovery of 2010, any advancement in the recognition, respect, and
guarantees for the Rights of Indigenous Peoples would necessarily have to begin
with a challenge to the cognitive systems of colonization themselves that have dehumanized and reduced the
inherent Human Rights of Indigenous Peoples to items on an agenda of
consideration of the very institutions that are the agents and beneficiaries of
the colonization processes which continue today across our continent of the
Great Turtle Island Abya Yala.
In
consideration of the reference given today regarding the System Wide Action Plan now being designed by the UN system as a
result of the UN High Level Plenary Meeting of September 2014, and the elements
of consideration for this plan, which are to include Convention 169 of the International Labor Organization,
We Recommend:
That
the Trans-border study to be presented in this session by UNPFII chairperson
Megan Davis be extended to integrate a specific focus on the impact of the
violation of the Rights of Indigenous Peoples in this continent of Abya Yala as
a result of the international borders of the states that are successors to the systems
of jurisdiction and sovereignty established under the Doctrine of Discovery. We propose that this expanded study be
integrated along with the pertinent recommendations from the studies by the
Permanent Forum on the continuing impact of the Doctrine of Discovery and the
principle of Universal Equality and Human Rights of Self Determination, as well
as relevant provisions of the UNDRIP, and Convention 169 of the International
Labor Organization.
In order to comprehensively and justly implement this recommendation,
it is again recommended that the 1999 Treaty Study accomplished by Dr. Miguel
Alsfonso Martinez be elevated and integrated into the extended study, since the
principle of "Indigenous Peoples, equal to all other peoples "
established with the UNDRIP in 2007 was not yet instituted at the time. The Treaty Study must be recontextualized
within the horizon of the Principles of Universal Equality and the Right of
Self Determination of "Indigenous Peoples, equal to all other
peoples..." with Treaties equal to all other treaties.
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 would be an initial act of good faith in terms
of the continuing process of systemic documentation among the Nations of
Indigenous Peoples and the member states of the UN system. Such delivery should be facilitated by UNPFII
prior to and as a necessary act of condition to allow for the full and
effective participation of the Indigenous Peoples with the UN system as a whole
on an equal basis and without systemic discrimination in the process of
producing evaluations or recommendations, inlcluding those regarding the Final Outcome Document
of the High Level Plenary Meeting of the General Assembly 2014.
