Decisions and Recommendations of the North American Indigenous Peoples Caucus (NAIPC) to the 15th Session of the United Nations Permanent Forum on Indigenous Issues and to Other Relevant Bodies and Fora
Organizational Details
The NAIPC meeting took place from March 22-24,
2016 in Treaty 4 Territory. The NAIPC would like to acknowledge and give
thanks to the Original Nations and Peoples for hosting this meeting in their
territory. The meeting was generously hosted by the
Ochapowace Nation in what is now Saskatchewan. Individuals representing
Original Nations and Peoples discussed and agreed by consensus on the positions
and recommendations contained in this report.
The NAIPC meeting was opened and carried out with traditional ceremonies
and protocols. The Drummers offered the opening Prayer Song and Victory Song.
Okimaw Iskwew Margaret Bear of the Ochapowace Cree Nation provided the opening
address and welcome to the meeting participants.
Preeminent legal scholar, Tamara Starblanket, of the Ahtahkakoop Cree
Nation in Treaty Six Territory gave a presentation on her ground-breaking legal
research on genocide in the context of the colonial experience of the Original
Nations and Peoples on Great Turtle Island and the world over. Her research
concludes that the state of Canada is culpable for crimes of genocide and that
it violates customary laws on genocide.
NAIPC selected Wes George (Ochapowace Cree Nation) and Tamara Starblanket
(Ahtahkakoop Cree Nation) to serve as Rapporteurs for the meeting, and Janice
Makokis (Saddle Lake Cree Nation) and Debra Harry (Numu-Kooyooe Dukaddo) to serve as NAIPC’s co-chairs
for the meeting.
The meeting participants expressed their
participation in this meeting as the free and independent Peoples and Nations
with the full right of self-determination. We advance the original
interpretations of our Treaties as intended and agreed to by our
ancestors. We are the original Peoples
and independent Nations on our Great Turtle
Island.
Our deliberations are guided by the ongoing
responsibilities and obligations of our original laws and instructions as the
Original Nations and Peoples of Great Turtle Island. We uphold the
international character and meaning of our Treaties. Our Treaties are for peace
and friendship, not cessation, with standing in international law. The claim that we are minorities in our lands and
territories must be abolished. The dehumanizing attempts by states to designate
our status as minorities implies that
we have no claim to our lands. In international law minorities have no
claim to land.
An explanation on our use of terminology is
important. We note that Shawnee and Lenape scholar Steven Newcomb accurately
explains that the term, Indigenous Peoples, means dominated peoples. This
critical distinction is noted and this report clarifies that Indigenous Nations
and Peoples means the Original Nations and Peoples of Great Turtle Island, and
will use the term interchangeably.
The NAIPC would like to acknowledge and thank
the following sponsors for financial and in-kind contributions:
·
Lonesome Prairie Sand &Gravel Ltd.
· Boudreau Law
· Peace Hills Trust
· Phillips & Co.
· Federation of
Saskatchewan Indian Nations (FSIN)
· Ozirny Law Firm
In addition, the NAIPC would like to
acknowledge the ceremony keepers, singers, cooks, and community members who all
contributed to make the meeting a success.
The NAIPC participants selected Debra Harry (Numu-Kooyooe Dukaddo) and Tamara Starblanket (Ahtahkakoop Cree Nation) to serve as NAIPC’s co-chairs for the next year.
The NAIPC participants selected Debra Harry (Numu-Kooyooe Dukaddo) and Tamara Starblanket (Ahtahkakoop Cree Nation) to serve as NAIPC’s co-chairs for the next year.
Agenda item 5: discussion on the theme - “Indigenous peoples: conflict, peace and resolution.”
The NAIPC discussed the theme of the 15th session: “Indigenous peoples:
conflict, peace and resolution.”
One Elder noted that “we cannot have peace and conflict in the same sentence.” Language
is critical to the way our Peoples and Nations continue to be dominated and
dehumanized by settler state governments. There cannot be peace if oppressive
state regimes continue to deny the rights of Original Nations and Peoples. The
NAIPC recommends the Permanent Forum include the issue of genocide in this
theme. Indigenous Peoples need to be able to utilize the Genocide Convention to
address acts of genocide. Genocide is a crime against Nations and Peoples in
the colonization process. Our experience with the systematic and widespread
colonial invasion constitutes genocide against our Nations. These genocidal
laws and policies originate from the Christian Doctrine of Discovery and the
illegitimate claiming of our lands and territories. The genocidal projects stem
from the dehumanizing belief that we are less than human with words such as pagan,
heathen
and savage. We reject all colonial frameworks and
processes (i.e. reconciliation) utilized to address issues of state
genocide. Language has the ability to
snare Indigenous Peoples into believing
that justice has been achieved. The destructive framework embedded in
reconciliation is an example of the entrapment that Indigenous Peoples face if
we continue to accept colonial processes as the way to achieve peace. The
synonym for reconciliation is vanquish or crush. Reconciliation is not a
peaceful process. The following list are some examples of the acts of genocide
against our peoples that is ongoing in its various forms.
1. The
theft of our land and forcible transferring of our children are violations of
the treaties.
2.The residential/boarding school system is a
decades long process that systemically destroys Nations and Peoples, culture,
language and families and communities with serious ongoing traumatic effects.
3. The
negatives effects are intergenerational and a continuation of the colonial objective.
4. The traumatic parenting patterns created by the
residential school system are the conditions utilized by the state in the child
welfare systems to forcibly remove children into present times.
5. The
death rates of Indigenous children must be addressed and acknowledged.
6. Ongoing
laws and policies of the settler state system must be addressed.
The NAIPC recommends the following:
1. That the United Nations Permanent Forum on Indigenous Issues decide to identify the theme for a future UNPFII Session “Genocide and its Effects on Indigenous Peoples” in accordance with Article 7 of the UNDRIP.
2. That the Doctrine of Discovery be denounced as it is the foundation and genesis of Genocide.
3. That an expert seminar on genocide and indigenous peoples be identified and held prior to the UNPFII session that is identified for that purpose.
4. That the UN Special Advisor on Genocide be invited to attend the proposed UNPFII as a presenter and how his office – program and services have integrated the United Nations Declaration on the Rights of Indigenous Peoples and the United Nations World Conference on Indigenous Peoples Outcome Document into his scope of work and mandate.
5. That the United Nations permanent Forum authorize a study on Genocide and its Effects on Indigenous Peoples at the most immediate opportunity and be presented at the proposed UNPFII Session.
6. That the UNPFII develop an appropriate ongoing education program on Genocide and its application and Impacts on Indigenous Peoples for use and utility in a system wide programme of action including at the national level.
7. That Genocide of Indigenous Peoples has occurred and a declaration be issued by the United Nations to recognize and take measures to effectively address and combat by the United Nations.
Item 9: (b) Dialogue with the Special Rapporteur on the rights of indigenous peoples and the Chair of the Expert Mechanism on the Rights of Indigenous Peoples.
1. The NAIPC has reviewed the
current mandate of the Expert Mechanism on the Rights of Indigenous Peoples
(EMRIP) and does not support the expanded mandate of EMRIP but makes the
following recommendations.
2. In light of the recurring
trend of the UN to recognize state recognized organizations to represent Indigenous Peoples in international
meetings, we recommend that the Original Nations and Peoples be given the same
authority to speak on behalf of their Nations and Peoples. The NAIPC is
concerned about the role state recognized organizations have in representing
Indigenous Peoples issues at the United Nations and other international fora.
3. We recommend that the United
Nations create a space within the UN to give Indigenous Peoples and Nations a
place to share and express their experiences, issues and concerns about what is
taking place in their territories.
4. We recommend that the UN
OHCHR Secretariat insure that Indigenous Peoples have their own Secretariat and
to stop trying to merge Indigenous Peoples with minorities.
Agenda Item 4: Implementation
of the Six Mandated Areas of the Permanent Forum with Reference to the United
Nations Declaration On the Rights of Indigenous Peoples (Six (6) mandated
areas: Health education, human rights, economic and social development,
environment and culture)
The NAIPC
discussed the six mandated areas with respect to the United Nations Declaration
on the Rights of Indigenous Peoples.
Health:
Health:
The NAIPC noted the importance of quality and access to healthcare for Indigenous Peoples well- being. For Indigenous Peoples who made treaty with the Crown there was an understanding that there would be full access to healthcare. Indigenous Peoples receive substandard health care, services and quality medicines despite our Indigenous Peoples Rights and Treaty and that a plan of action be identified and developed as a priority to address this state-imposed deficiency. Specific recommendations related to Indigenous health include:
1. With
a view of improving health standards and effectively addressing the issues of
health of
2. Original
Nations and Peoples, we recommend to the UNPFII that they initiate a study in
North America to examine the health disparities, poor quality of medicines distributed to Indigenous Peoples, inadequate funding given towards Indigenous
peoples health and examine how this impacts the quality of healthcare and lack
of access to health.
3. We
recommend that the UNPFII gather and compile all data within the UN system
related to Indigenous health and prepare a report on these findings.
4. That
our understanding of health and healthcare under the Treaties we made with the
Crown be fully enforced and to ensure we have quality access to healthcare.
Education:
The NAIPC declared that education is another area of disparity and
inequity in funding and requires our immediate attention. Indigenous Peoples
are invisible in the education system. There are no supports to succeed in
post-secondary education including university and college. There needs to be
support to our peoples and nations to develop their own education systems and
institutions consistent with their own cultures. Our education is to be recognized as a
lifelong learning process.
1. The
UNPFII call on states to address the ongoing inequities in level of funding for
on and off reserve children.
2. The
UNPFII should take effective measures to advance the UN Study on Indigenous
Peoples right to Education
Environment:
The NAIPC affirm that the Original Nations and Peoples have natural laws
and instructions to protect and honour the land. Our natural connection to our
lands, waters and territories and in through this sacred relationship we have a
responsibility to protect our lands. We have always maintained that we had and
continue to have control and jurisdiction over our lands, waters and resources
within our territories. We are living through a time where there is destruction
occurring on our lands and corporations are entering into our territories
unlawfully without our Free Prior and Informed Consent (FPIC). Companies are
gaining access to our lands, waters and territories through state represented
organizations and are side stepping the Original Peoples who hold underlying
title and spiritual connection to the lands.
When national and international corporations come onto our territories
they do not adhere to FPIC and ignore
the environmental concerns we identify. In light
of this, the NAIPC recommends the following:
1. The
UNPFII recommends that there be follow up on the special rapporteur study on
extractive industries on how FPIC is being enforced and implemented in relation
to Indigenous lands and territories.
2. We
recommend to other UN bodies like WTO and the human rights commission to
monitor and oversee extractive industry
activities and violations of Indigenous rights on Indigenous lands.
3. We
recommend that the UNPFII call on the state government to cease criminalization
of Indigenous Peoples and Nations who are peacefully exercising their rights
and responsibilities to protect our lands, waters and resources.
Agenda Item 3 (C): Follow-up on the recommendations of the Permanent Forum:
The NAIPC reminds this forum that we are the original, free and
independent peoples of our lands and territories, and hold a sacred
responsibility to protect all life, our knowledge systems, and ways of life
within our traditional lands and territories for future generations. We note
with concern the negotiations undertaken at WIPO that address genetic
resources, traditional knowledge, and traditional cultural expressions. Regarding document E/C.19/2016/4, in
the “Study on how States exploit weak procedural rules in international
organizations to devalue the United Nations Declaration on the Rights of Indigenous Peoples and other
international human rights law,” point 43, suggests that Indigenous
Peoples should have access to the intellectual property rights system by virtue
of the right of self- determination. Certainly Indigenous peoples may currently
access the intellectual property regime freely; however, what is lacking is any discussion at WIPO that adequately
protects the inherent and prior rights of Indigenous Peoples to keep and
protect all aspects of their cultural heritage outside of the intellectual
property regime. Since WIPO has failed to ensure the broad-based participation
of Indigenous peoples in
it’s processes, such discussions which affect the collective rights of
Indigenous peoples should be halted and moved to more neutral fora. We
recommend the UNPFII include in its study, an exploration of strategies to
prevent the negative effect of the intellectual property regime on the
collective cultural heritage of Indigenous Peoples, and the appropriate
alternative fora that will focus on protection strategies from an Indigenous
collective rights framework.
Other Items
The NAIPC decided that the following issues
are outstanding and must be addressed by the
UNPFII:
Treaties agreements and other constructive arrangements
1.
That the United Nations study on treaties
agreements and other constructive arrangements between States and indigenous
populations E/CN.4/Sub.2/1999/20 be reintroduced as outstanding unfinished
business of the appropriate United Nations bodies and an action plan to
complete the work be developed
2.
That the United Nations study on treatiesagreements and other constructive arrangements between states and indigenous populations is a foundational document that affirms the indigenous peoples
opinions concerning Treaties and forms an integral part of international law
that must be adhered to by the United Nations
3.
That the United Nations study on treaties
agreements and other constructive arrangements has identified and affirmed the
original Sovereign Status of indigenous Nations and must be recognized by the
United Nations system.
4.
That a UN Study on Border Crossing Rights be
authorized by the UNPFII at the most immediate
instant.
Self-Determination
Self-Determination
1. That the Self-Determination of Indigenous
Nations be recognized by the UNPFII and that this critical element be included
in a system wide action plan and all relevant
bodies.
2. That Article 18 of the UNDRIP recognizes our
right to speak for ourselves as sovereign nations (Article 9)
