United
Nations
Permanent
Forum on Indigenous Issues
17th
Session, 17-27 April 2018
INDIGENOUS
PEOPLES’ COLLECTIVE RIGHTS TO LANDS, TERRITORIES AND RESOURCES
17 APRIL 2018
FIRST OF ALL, WE WOULD LIKE TO
ACKNOWLEDGE AND CONGRATULATE MARIAM WALLET ABOUBAKRINE, CHAIR OF THE FORUM.
THANK YOU TO THIS HONORABLE FORUM,
TO THE BROTHERS AND SISTERS
REPRESENTATIVES OF THE PEOPLES PRESENT HERE, AND TO ALL THOSE WHO UNFORTUNATELY
COULD NOT BE HERE.
MY NAME IS MARIO LUNA ROMERO,
SECRETARY OF THE YAQUI TRIBE OF VICAM, SONORA, MEXICO; I COME TO EXPOSE THE
SERIOUS SITUATION PREVAILING IN MEXICO WITH RESPECT TO THE SYSTEMATIC VIOLATION
OF OUR RIGHT TO TERRITORY, AS WELL AS THE APPROPRIATION AND WRONGFUL OCCUPATION
OF OUR LANDS BY GOVERNMENTAL AND PRIVATE COMPANIES.
THE SENSE OF IMPUNITY AND LACK OF JURIDICAL
DEFENSE INCREASES ON A PAR WITH THE INCREASE IN VIOLENCE WHICH IS USED TO
PREVENT THE FULFILLMENT OF LEGISLATION IN FAVOR OF OUR INDIGENOUS PEOPLES AND
THE FREE EXERCISE OF OUR RIGHTS AS ENSHRINED IN THE CONSTITUTION, IN NATIONAL
AND INTERNATIONAL TREATIES AND AGREEMENTS.
THE ABOVE IS DUE TO THE IMPOSITION
OF DEVELOPMENT MODELS THAT VIEW OUR SACRED TERRITORIES AND THEIR NATURAL
RESOURCES AS SIMPLE MERCHANDISE CONTRARY TO THE VISION THAT WE, THE PEOPLES,
HAVE.
JUST A FEW TIMELY CASES INCLUDE: IN CAMPECHE THE MAYA PEOPLE AGAINST THE
PRIVATE ORGANIZATION MONSANTO; IN THE ISTHMUS OF TEHUANTEPEC, OAXACA, AGAINST PRIVATE WIND ENERGY
PLANTS; IN THE SIERRA OF DURANGO,
THE CASE OF THE WIRARIKA PEOPLE AGAINST INVADERS OF THEIR TERRITORIES; SANTA
MARIA OSTULA, MICHOACAN, AGAINST THE
DISPOSSESSION OF THEIR TERRITORIES ORCHESTRATED BY PARTNERSHIPS OF PARTICULAR
MINING COMPANIES AND THE ATTACKS OF ORGANIZED CRIMINAL GROUPS; AND, OF COURSE,
IN SONORA WITH THE CASE OF MY PEOPLE,
THE YAQUI TRIBE, WITH TWO CASES OF LEGAL PROTECTIONS VIOLATED AND UNPUNISHED IN
THE FAILURE TO CARRY OUT THE RULING IN THE CASE OF THE INDEPENDENCIA AQUEDUCT
AND A GAS PIPELINE. BUT, IN ADDITION, THE YAQUI PEOPLE ARE CONDEMNED TO
DRINKING CONTAMINATED WATER DUE TO PRODUCTION ACTIVITIES THAT DO NOT RESPECT
OUR RIGHT TO A HEALTHY ENVIRONMENT.
AS A RESULT OF THESE ACTS, ACTS OF
VIOLATION OF HUMAN RIGHTS ARE TAKING PLACE, INCLUDING ACTS SUCH AS THE
CRIMINALIZATION OF THE DEFENDERS OF OUR TERRITORY AND THE CONTRARY USE OF LAWS
AND INSTITUTIONS AGAINST THE FREE EXERCISE OF OUR RIGHT TO DEFEND OUR
TERRITORIAL INTEGRITY AND THE RIGHT OF SELF-DETERMINATION TO DECIDE THE FUTURE
WE WANT FOR OUR PEOPLES.
IN THIS WAY WE OBSERVE (WITH THE
ARGUMENT THAT IT IS NON-BINDING) THE INAPPROPRIATE USE OF THE INTERNATIONAL INSTRUMENTS
ORIGINATING FROM AND DRIVEN BY THIS MULTINATIONAL ORGANIZATION, SUCH AS THE
RIGHT TO SELF-DETERMINATION, THE RIGHTS TO CONSENT, AND TO FREE, PRIOR AND
INFORMED CONSENT, AMONG OTHER CLEAR EXAMPLES DOCUMENTED IN THE CASES FOR WHICH
IT IS THE RESPONSIBILITY OF MY YAQUI PEOPLE TO PURSUE.
AS A RESULT OF THIS SITUATION
PREVAILING IN A LARGE PART OF THE COUNTRY, IN THE REPORTS OF THE VARIOUS UN
RAPPORTEURS WHO HAVE DOCUMENTED CASES DURING THEIR VISITS TO MEXICO, WE CAN
READ ABOUT A GREAT NUMBER OF MISSING PERSONS, POLITICAL PRISONERS AND, IN THE
WORST CASES, ASSASSINATIONS OR FORCED DISAPPEARANCES, AS IN THE CASE OF THE 43
STUDENTS OF AYOTZINAPA, WHO HAVE YET TO BE FOUND.
WE OBSERVE THAT THE PROBLEM IS
REPEATED ON AN INTERNATIONAL LEVEL IN THE CASE OF THE RENEGOTIATION OF THE NORTH AMERICAN FREE TRADE AGREEMENT NAFTA,
IN WHICH WE INDIGENOUS PEOPLES ARE NOT TAKEN INTO ACCOUNT, DESPITE THE FACT
THAT IN THIS NEGOTIATION THE USE AND EXPLOITATION OF OUR NATURAL RESOURCES ARE
INVOLVED. EVEN WORSE, WE ARE OPENLY ATTACKED, AS IN THE CASE OF THE DAKOTA ACCESS PIPELINE IN NORTH DAKOTA
IN THE UNITED STATES AND IN CANADA WITH THE KINDER MORGAN PIPELINE.
IN THIS REGARD WE PROPOSE THAT, AS
THE LEVEL OF OPPRESSION AGAINST THE FREE EXERCISE OF OUR RIGHTS IS INCREASING,
WE LAUNCH AN INCREASE IN THE LEVEL OF PRESENCE AND EXERCISE OF THE DEFENSE OF
HUMAN RIGHTS AND THE TERRITORIAL INTEGRITY OF OUR MOTHER EARTH AS WELL IN THIS
FORUM, ANALYZING THE POSSIBILITY OF ELEVATING THE UN DECLARATION ON THE RIGHTS
OF INDIGENOUS PEOPLES TO THE NEXT LEVEL, THAT IS TO SAY, AN INTERNATIONAL CONVENTION ON THE RIGHTS OF
INDIGENOUS PEOPLES, AS SOME MEMBER STATES OF THIS ORGANIZATION HAVE ALREADY
OBSERVED.
WE DEMAND
REPARATIONS FOR THE DAMAGE TO THE YAQUI PEOPLE IN GENERAL, AS WELL AS TIMELY
AND EFFECTIVE COMPENSATION FOR THE YAQUI DEFENDERS WHO WERE HELD CAPTIVE FOR A
YEAR IN 2014 AND WHO REMAIN UNASSISTED TO DATE; WE ALSO DEMAND THE LIBERATION
AND A HEARING ADHERING TO THE LAW FOR THE YAQUI POLITICAL PRISONER FIDENCIO
ALDAMA.
THANK YOU
FOR YOUR ATTENTION AND SUPPORT.
