Analysis of the PGA’s aide memoire

Prepared by the GCG Secretariat 1 March 2014

The decision of the PGA as set out in his aide memoire of 26 February 2014 addresses three outstanding matters. The first is the remaining organizational arrangements of the HLPM/WCIP (operative paragraph 12 of GA resolution A/RES/66/296, “the modalities resolution”), the second is the informal interactive hearing (operative paragraph 7 of the modalities resolution) and the third is the drafting of the outcome document (operative paragraph 9 of the modalities resolution). The PGA’s plan of action fails to uphold the rights affirmed in the UN Declaration on the Rights of Indigenous Peoples (the Declaration) and does not comply with the modalities resolution as follows: 

Organizational matters 
Operative paragraph 12 of the modalities resolution states: 

Requests the President of the General Assembly, in consultation with Member States and representatives of indigenous peoples, to finalize the organizational arrangements for the World Conference, including the definition of the specific themes for the round-table discussions and the interactive panel discussion, the possible inclusion of an opening ceremony involving indigenous peoples, taking into account the relevant provisions of the present resolution and the inclusive process for the discussion of the outcome document, and the identification of the chairs of the round-table discussions and panel discussion, taking into account the level of representation and adequate geographical representation; (emphasis added) 

This paragraph refers to three specific matters:  themes, an opening ceremony and the appointment of co-chairs to the sessions of the HLPM/WCIP. It also provides guidance on how these matters are to be decided, the parties to be included in the decision making process as well as the process itself.

The PGA has defined two distinct consultation processes, the first being consultation solely amongst states. For the state only consultations the PGA will appoint two member states to undertake such consultations on his behalf commencing the week of 3 March 2014. The arrangements for these consultations will be set out in a letter to states. In a separate process, Indigenous groups (not Indigenous Peoples) through the Permanent Forum on Indigenous Issues (PFII) are to identify their own representatives to undertake consultations on behalf of the PGA amongst the “indigenous community”. The indigenous representatives would then report directly to the PGA on the outcome of their consultations and would be invited to share those outcomes with states. The PGA would then draft text and determine outcomes which only states will consider.

The process the PGA has set out does not provide for Indigenous Peoples and states to work together on an equal basis and therefore does not uphold the principle of equality. It provides extremely limited opportunities for Indigenous Peoples to participate in decisions that will affect our rights and could lead to an adversarial approach pitting Indigenous Peoples against states.  Further, states will not have to table their positions in an open forum where Indigenous Peoples can bear witness, nor will those states that hold regressive positions have to engage with Indigenous Peoples and explain why they have taken such positions. Indigenous Peoples will have to rely upon reports from friendly states on the content and substance of state consultations as there is no reciprocal obligation on states to share the results of their consultations with Indigenous Peoples meaning this process is neither inclusive nor open. This approach is not consistent with article 18 of the Declaration which affirms Indigenous Peoples’ right to participate in decisions that affect them or articles 3 and 4.  Further, it does not uphold the spirit and intent of the Declaration because it will not enhance harmonious and cooperative relations based on the principles of justice, democracy, respect for human rights, non-discrimination and good faith (preambular paragraph 18 of the Declaration).

From a practical perspective the process outlined by the PGA suggests that no technical support would be provided to Indigenous Peoples to undertake such consultations. This is inconsistent with article 41 of the Declaration which states that the organs and specialized agencies of the UN system and other intergovernmental organizations are to contribute to the full realization of the provisions of the Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Further, article 41 implies a positive duty on the UN to establish ways and means of ensuring participation of Indigenous Peoples on issues affecting them in accordance with the rights set out in the Declaration. The indigenous consultation process places a heavy technical and logistical burden on Indigenous Peoples with no guarantee that the outcomes of such consultations would even be considered on an equal basis with the outcomes of state consultations.

Another practical challenge is that if consultations amongst states are to start the week commencing 3 March, Indigenous Peoples are not in a position to influence the outcome of that process as the PGA has failed to give us sufficient notice to be in New York. 

The PGA’s process does not support a rights based approach or a partnership approach and places an unreasonable burden on Indigenous Peoples with little transparency required from states in relation to the positions they take. Indigenous Peoples are relegated to a “consult and share” position with no ability to engage on an equal basis with states. 

Informal interactive hearing 
Operative paragraph 7 of the modalities resolution states: 

Requests the President of the General Assembly to organize, no later than June 2014, an informal interactive hearing with representatives of indigenous peoples and representatives of entities of the United Nations system, academic institutions, national human rights institutions, parliamentarians, civil society and non-governmental organizations, in accordance with the relevant provisions of the present resolution, to provide valuable input into the preparatory process for the World Conference; (emphasis added) 

The PGA has redefined the informal interactive hearing by limiting it to an “interactive civil society briefing”.  He suggests that states use the practice employed during the Open Working Group on Sustainable Development Goals, i.e. civil society representatives are encouraged to convene meetings prior to the start of intergovernmental discussions and to share the outcomes of their deliberations with states.

This process is somewhat confusing as it refers to three distinct processes, the PFII is to assist with organizing the civil society briefing, Indigenous Peoples are to convene their own meetings and share the outcomes of such meetings with states and, states are to receive the outcomes of Indigenous Peoples’ meetings whilst holding their own intergovernmental discussions.  The PGA’s definition also does not provide for entities of the UN, academic institutions, national human rights institutions or parliamentarians to participate unless they define themselves as civil society.  All of these entities are included as participants in the informal interactive hearing referenced in the modalities resolution.

The PGA has also redefined the role of states in this process by suggesting intergovernmental discussions continue alongside but separate from the civil society briefing and that Indigenous Peoples share directly with states the results of their consultations. There is no reciprocal obligation on states to share the outcomes of their discussions with Indigenous Peoples. This is vastly different from what the modalities resolution provides for. Operative paragraph 8 states: 

Encourages Member States actively to participate in the interactive hearing to facilitate the best possible interaction and dialogue between Member States and representatives of indigenous peoples, non-governmental organizations and civil society organizations; (emphasis added) 

It is clear the intention of the modalities resolution is for an actual face to face meeting to be organized by the PGA where states are encouraged to participate, not informal discussions solely amongst “civil society” that are separate from state consultations. 

The PGA’s decision does not foster respectful and equal relationships between states, the UN and Indigenous Peoples and it fails to build upon precedents employed by the UN to ensure the full and effective participation of Indigenous Peoples in decisions affecting our rights.  It allows the PGA to play a passive role in the informal interactive hearing and redefines what should be an open and public process to a limited and potentially pointless exercise. As such it does not strengthen the recognition of Indigenous Peoples’ rights within the UN system and falls below the minimum standards set out in the Declaration. 

Drafting of the outcome document 
Operative paragraph 9 of the modalities resolution states: 

Decides that the World Conference shall result in a concise, action oriented outcome document, and requests the President of the General Assembly to prepare a draft text, on the basis of consultations with Member States and indigenous peoples and by taking into account the views emerging from the preparatory process and the interactive hearing referred to in paragraph 7 above, and to convene inclusive and open informal consultations at an appropriate date to enable sufficient consideration by Member States and agreement by the General Assembly before its formal action at the high-level meeting; (emphasis added) 

The PGA has reserved for himself the right to determine the outcomes on the remaining organizational matters as well as the drafting of the outcome document and any such outcomes or text will be considered only by states. Whilst the aide memoire does not outline how this will occur, it clearly does not include an inclusive and open process whereby Indigenous Peoples and states work on an equal footing. There is also no reference to the preparatory process and the informal interactive hearing so there is no assurance that the outcome of those processes will be taken into account in the PGA’s deliberations as is required by the modalities resolutions. 

Summary 
The conclusion of the UN Secretary General’s report entitled, “Ways and means of promoting participation at the United Nations of indigenous peoples’ representatives on issues affecting them” A/HRC/21/24, aptly reflects the failings of the PGA’s decision to continue to foster a positive and beneficial relationship between Indigenous Peoples, states and the UN.  It reads: 

“To the extent that it has been permitted to date, indigenous peoples’ participation at the United Nations has been a positive experience. It has enabled indigenous peoples who had been historically excluded to work together peacefully and in partnership with States to advance their issues and rights. It has been a process of mutual trust-building, premised on equality and equity among stakeholders, and has led to fruitful outcomes and greater commitments by indigenous peoples, States and the United Nations system to strengthen recognition and respect for indigenous peoples’ rights. It is hoped that this spirit of openness and continuing collaboration with indigenous peoples will be improved by further enhancement of procedures to enable indigenous peoples’ participation in all relevant work of the United Nations, in a way that realizes, respects, promotes and protects their rights under the United Nations Declaration on the Rights of Indigenous Peoples and other relevant international human rights standards.”

The PGA has chosen to reinterpret the modalities resolution in a very restrictive manner to the detriment of Indigenous Peoples’ rights. He makes no reference to the Declaration and does not use the Declaration as a normative framework upon which to base his decision. As such his decision fails to recognize, promote and protect Indigenous Peoples’ rights; it does not uphold the principle of equality and does not provide for the full and effective participation of Indigenous Peoples.

Link:

President of the UN General Assembly 

Aide Memoire

Mother Earth and the Shards of Mica

Good greetings relatives.  In agreement with the position that: 

 
“The Alta outcome document (http://wcip2014.org/1530) is the only existing global consensus document regarding the HLPM that has been developed by IPs, to date.”

And taking into consideration that the issue of the UN HLPM was addressed at the V Continental Summit of Abya Yala (November 2014, Colombia), where the delegations were informed that the NAIPC was holding to the position of making determination regarding further engagement in the procedures of the UN HLPM at the next regional meeting in Kamloops, and that the following two points were part of the final declaration of the V Summit:

• 7. In 2014 the United Nations will host the World Conference on Indigenous Peoples in New York where the States will present their reports and will analyze the application of the "UN Declaration on the Rights of Indigenous Peoples".  The V Summit states that those attending should be legitimate representatives of territorial organizations of representation of our Nations and Pueblos, so we call on the organizers of the UN to accredit unrestrictedly, so that the proposals elaborated before, during and after the V Summit can be presented.

• 8. We demand of the UN system an urgent Universal Declaration of the Rights of Pachamama (Mother Earth) on the occasion of the World Conference on Indigenous Peoples in 2014. 

Further taking into account that at the Fourth Continental Summit held in 2009 in Puno, Peru the following statement was made in the final declaration of that gathering of Indigenous Nations:
 

• We shall constitute a Coordinating Body of the Indigenous Peoples and Nationalities of the Abya Yala, in order to continue the process of conformation from the bottom up, creating organizing committees of Indigenous women, adolescents, children, youth and communicators, with particular focus on the regional integration of Abya Yala North [North America]. This Coordinating Body of Abya Yala shall monitor the Organization of American States (OAS) and the United Nations, in order to overcome their domination by imperial powers, and to realize the formation of the United Nations of Abya Yala and the World.

And recalling that at the First Round Table of the World Parliament of Indigenous Peoples held in 2011 at Booshakthi Kendra Dalit Ashram in Tumkur, India, the following Statement was given:

• In anticipation and preparation for the United Nations World Conference on Indigenous Peoples in 2014, we invite indigenous parliaments, governments, and other indigenous political entities to join the efforts in recognizing our full and just participation in the global political arena.

And emphasizing the particular demand made by the Global Indigenous Youth Caucus at the 2013 UNPFIP in regards to the UN HLPM:

• 2. We also recommend that a systemic analysis of the history and causes of the colonization, domination and subordination of indigenous peoples and our territories, be undertaken, and that additional studies be commissioned by the United Nations 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 Christian Discovery and Domination be repudiated as a matter of law and policy in the HLPM Outcomes Document.

Observations: 

The UN HLPM never was a UN conference.  These are not proceedings, these are regressions. The decision to formulate the procedures of the UN HLPM with the title of “Conference” within the protocols of the UN system was never given for consideration in any manner, except by inference of participation in the meetings leading up to and in to the event by Indigenous Peoples.  This act by the UN system on its own is a violation of the provisions of the UN Declaration on the Rights of Indigenous Peoples that affirm the inherent rights of Indigenous Peoples to participate fully in decision-making that affects us, in order to guide and frame our work for ANY high level plenary meeting of the General Assembly, or any other branch of the UN system for that matter.

Therefore, the title of the UN HLPM should be corrected, and unless this is done there should serious consideration to call for global boycott of the event by Indigenous Peoples.

While the objective of achieving an authentic “world conference” within the UN system still remains as an option for the future, it will not happen this year.  Therefore, the UN should CANCEL the discriminatory and systemically prejudicial attitude and policy of naming this year’s event UN HLPM as a “World Conference on Indigenous Peoples.”  This should be a demand.

In closing, in consideration of the above we resubmit our intervention from the floor given at Alta, with the purpose of consolidating the critical consciousness that emerges from our sacred responsibilities which we share as Nations of the Indigenous Peoples of Mother Earth, in aspiration and commitment to the realization of a World Assembly of Indigenous Peoples, based upon recognition, respect, and the defense of the Territorial Integrity of Mother Earth.

*******

Submission From the Floor before the

UN Indigenous Peoples Preparatory Meeting

Alta Norway

By Tupac Enrique Acosta, Yaotachcauh

Tlahtokan Nahuacalli

Calpolli Nahuacalco, Izkaloteka

May 11, 2014

Mr. Chairman,

Good greetings to the assembled delegations of Indigenous Peoples of Mother Earth, and all members of the global assembly gathered here today in the ancient land of the Sami.

We would like to propose two recommendations for action by the United Nations system for the delivery in the process of development of the final outcome document of the High Level Plenary Meeting of the UN General Assembly 2014.

1) 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 in 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 (to be known as the World Conference on Indigenous Peoples).

2) In addressing the underlying collective purpose of this gathering here in Alta, and the mandate of our ancestors and instructions from the future generations that makes our presence here as Indigenous Peoples in Alta possible, we also call for clarification now that as the primary purpose of the United Nations is fundamentally driven by the call for World Peace among All Peoples and the member states of the UN system, and in acknowledgment that peace on Earth will be impossible if we are not at Peace with Mother Earth, in homeostasis with the Land and Seas, with the Ice and Snow, with the Winds and Father Sun, it is critical that as we engage with each other collectively and in the spirit of Equality and Justice, that we reintroduce the principle of the Territorial Integrity of Mother Earth as fundamental and inherent responsibility in terms of International Law of all our relations and relationships now engaged together, without systemic prejudice in terms of precept, concept, and documentation systems on the long journey of Humanity that has brought us to ancient land of Áltá, Sápmi [Norway].

Tlazocamati.

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Link:

United Nations Economic and Social Council

COMMISSION ON HUMAN RIGHTS

Sub-Commission on Prevention of Discrimination and Protection of Minorities

HUMAN RIGHTS OF INDIGENOUS PEOPLES

Study on treaties, agreements and other constructive arrangements between States and indigenous populations

Finalreport by Miguel Alfonso Martínez, Special Rapporteur 22 June 1999

The Closing of the Intercultural University "Amawtay Wasi" in Ecuador

Top of Form

THE CLOSING OF THE INTERCULTURAL UNIVERSITY OF NATIONALITIES AND INDIGENOUS PEOPLES "AMAWTAY WASI" 

The decommissioning of the Intercultural University of Nationalities and Indigenous Peoples "Amawtay Wasi " constitutes a violent assault on all the progress achieved ​​by the indigenous movement in Ecuador during recent times and throughout their struggles.

These regressive actions, manifested in the systematic closure of community schools, violate the rights of indigenous peoples; the Intercultural Bilingual Education System, in centralizing indigenous children in the so-called experimental "Millennium Schools" manifest  the disappearance of bilingual intercultural teaching institutes, nullifying the training of teachers with identity and intercultural perspective and; of course the final closing of the intercultural University of Nationalities and Indigenous Peoples "Amawtay Wasi" respond to this plan, because this institution of Nations and Peoples shares a formation from the diversity of knowledge and wisdom from the content and methodology of indigenous peoples, with the accompaniment of its thinkers and their commitment, critical of the standardization of the universality of science. This University is committed to recovering the epistemology of indigenous peoples, their community system as an alternative proposal to the crisis of civilization in the western world and its economic model.

It is paradoxical  that the Intercultural University of Nationalities and Indigenous Peoples "Amawtay Wasi" is closed, but at the same time four Eurocentric and colonialist universities are created, one of them with a plagiarized indigenous name. The purpose of these schools is to revive the neo-indigenismo of the 1950s, which means essentially the re-colonization of Nationalities and Indigenous peoples and their cultural, economic, social and political assimilation, and their dismantling and disappearance as diverse first Nations. This means ethnocide through the imposition of the liberal project of individual citizenship, to convert them to fringe elements of the consumer society, against the "threat" of thought and the ancient community life that persists to this day. It is a clear demonstration of discriminatory and racist action that comes from hatred and intolerance towards the indigenous movement and its members.

We are aware that a supposed "evaluation" was used as a technical pretext to argue that the score required for continuity was not reached. However, it is necessary to know if the evaluation assessment model included minimum standards and criteria for the evaluation of intercultural perspectives, and "technicians” with academic experience and knowledge of research on inter-culturalism, or if the same assessment tools that were used that apply only to classical Western-style universities.

 Therefore we demand the immediate review and opening of the Intercultural University of Nationalities and Indigenous Peoples "Amawtay Wasi", and its normal operation in accordance with the rights of indigenous peoples contained in the Constitution of the Republic, and international standards guaranteeing the fundamental rights of Indigenous Peoples.

The State is obligated to ensure the functioning of the University allocating the budget to meet the requirements according to the plans and programs as well as academic staff from the Nationalities and Peoples in accordance with the provisions of the ILO Convention 169 ILO, that states in Article 27 paragraph 1 "In addition, governments shall recognize the right of these peoples to establish their own educational institutions and facilities , provided that such institutions meet minimum standards established by the competent authority in consultation with these peoples. Appropriate resources shall be provided for this purpose." Similarly the United Nations Declaration on the Rights of Indigenous Peoples in Article 14 provides: "Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, consistent with their cultural methods of teaching and learning".  The Intercultural University of Nationalities and Indigenous Peoples "Amawtay Wasi " has become a reference and example in the educational experience and academic process for the Indigenous Peoples of Latin America and the world.

For these reasons we demand that the respective Ecuadoran institutions immediately resume the academic activities of the Intercultural University of Nationalities and Indigenous Peoples "Amawtay Wasi" that is by right theirs as Nationalities and Indigenous Peoples within a Plurinational and Intercultural State, and the respect merited by indigenous communities as well as national and international society.

Quito, Ecuador, November 22, 2013

Sign the Petition:

Save the Intercultural University of Indígenous Peoples "Amawtay Wasi"

To be delivered to:

Martha Tabares, Interamerican Commission of Human Rights
*******

YouTube:

Pluriversidad Indígena Amawtay Wasi: PRESENTE!
###

For more information on Amawtay Wasi
contact:

NAHUACALLI

Embassy of Indigenous Peoples

www.nahuacalli.org

tonal@tonatierra.org

a TONATIERRA project

EL CIERRE DE LA UNIVERSIDAD INTERCULTURAL "AMAWTAY WASI"

 EL CIERRE DE LA UNIVERSIDAD INTERCULTURAL DE LAS NACIONALIDADES Y PUEBLOS INDIGENAS "AMAWTAY WASI"

El cierre definitivo de la Universidad Intercultural de las Nacionalidades y Pueblos Indígenas "Amawtay Wasi", constituye una agresión violenta a todos los espacios logrados por el movimiento indígena del Ecuador a través de sus luchas en el transcurso de los últimos tiempos.

Estas acciones regresivas que violentan los derechos de los pueblos indígenas se manifiestan en el cierre sistemático de las escuelas comunitarias de lo que aún queda del Sistema de Educación Intercultural Bilingüe para centralizar a los niños indígenas en las llamadas "Escuelas del milenio" que es un experimento; la desaparición de los institutos pedagógicos interculturales bilingües para anular la formación de docentes con identidad  y perspectiva intercultural y; por supuesto el cierre definitivo de la Universidad Intercultural de las Nacionalidades y Pueblos Indígenas “Amawtay Wasi”, responde a este plan, porque esta institución de las Naciones y Pueblos comparte una formación a partir de la diversidad de saberes y conocimientos, desde los contenidos y metodologías  de los pueblos indígenas, con el acompañamiento de sus pensadores y sus sabidurías comprometidos y críticos a la homogenización y universalidad  de las ciencias.  Esta Universidad está comprometida a recuperar la epistemología de los pueblos originarios, su sistema comunitario,  como una propuesta alternativa frente a la crisis civilizatoria que vive el mundo occidental y su modelo económico.

Resulta ser paradójico, le cierran la Universidad Intercultural de las Nacionalidades y Pueblos Indígenas “Amawtay Wasi”, pero al mismo tiempo crean cuatro universidades de corte eurocéntrico y colonial, uno de ellos plagiado con nombre indígena. El objetivo de estas universidades es revivir el neoindigenismo de los años 50, lo que significa en esencia la recolonización de las Nacionalidades y Pueblos indígenas, la asimilación cultural, económica,  social y política,  el desmantelamiento y desaparición como naciones diversas y originarias.  Este hecho significa el etnocidio, a través de la imposición del proyecto liberal de ciudadanía individual, para convertirlos en elementos marginales de la sociedad de consumo, frente a la "amenaza" del pensamiento y la vivencia comunitaria milenaria que persiste hasta el momento.  Es una clara demostración de una acción discriminatoria y racista que proviene del odio e intolerancia hacia el movimiento indígena y sus miembros.

Tenemos conocimiento que se usó una supuesta "evaluación" como pretexto técnico para argumentar que no se alcanzó el puntaje requerido para su continuidad. Sin embargo, es necesario saber si el modelo de evaluación contempló parámetros mínimos y criterios con perspectivas interculturales para su evaluación, "técnicos"  con experiencia académica y conocimientos sobre investigación en materia de interculturalidad, o se usaron los mismos instrumentos de evaluación que se aplican a las Universidades clásicas de corte occidental.

En consecuencia, exigimos la inmediata revisión y apertura de la Universidad Intercultural de las Nacionalidades y Pueblos Indígenas “Amawtay Wasi”,  y  su normal funcionamiento en cumplimiento de sus objetivos propuestos, de conformidad a los derechos de los pueblos indígenas contemplados en la Constitución de la República, normas internacionales que garantizan los derechos fundamentales de los Pueblos Indígenas.

El Estado está en la obligación de garantizar el funcionamiento de la Universidad asignando el presupuesto correspondiente para cubrir los requerimientos de acuerdo a los planes y programas, así como  la organización académica desde las Nacionalidades y Pueblos de conformidad a lo establecido en el Convenio 169 de la OIT que dispone, Art. 27 numeral 1 “Además, los gobiernos deberán reconocer el derecho de esos pueblos a crear sus propias instituciones y medios de educación, siempre que tales instituciones satisfagan las normas mínimas establecidas por la autoridad competente en consulta con esos pueblos.  Deberán facilitárseles recursos apropiados con tal fin”.  Del mismo modo, la Declaración de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas en el Art. 14 dispone:

“Los pueblos indígenas tienen derecho a establecer y controlar sus sistemas e instituciones docentes que impartan educación en sus propios idiomas, en consonancia con sus métodos culturales de enseñanza y aprendizaje” y; porque la Universidad Intercultural de las Nacionalidades y Pueblos Indígenas “Amawtay Wasi”,  se ha constituido en un referente y ejemplo en la experiencia educativa y el proceso académico para los Pueblos Indígenas de América Latina y el mundo.

Por lo que exigimos a las instituciones respectivas del Estado ecuatoriano el reinicio inmediato de las actividades académicas de la Universidad Intercultural de las  Nacionalidades y Pueblos Indígenas “Amawtay Wasi”, que por derecho les corresponde como Nacionalidades y Pueblos Indígenas dentro  de un Estado Plurinacional e intercultural y por respeto que se merecen las comunidades indígenas y la sociedad nacional e internacional en general.  

Quito, Ecuador, 22 de noviembre del año  2013.

¡Firma la peticion!

Salvar a la Universidad Intercultural de Pueblos Indígenas Amawtay Wasi

Para ser entregada a:

Martha Tabares en la Comisión Interamericana de Derechos Humanos

 

YouTube:

Pluriversidad Indígena Amawtay Wasi: PRESENTE!

Ignorance Disguised as Legalization of Empire: NO MORE!

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
of Minorities
Fifty-first session
Study on treaties, agreements and other constructive arrangements between States and indigenous populations
Link: 
Final report by Miguel Alfonso Martínez, Special Rapporteur


CONTENTS

		Paragraphs
	Introduction	1 - 33
	I. SOME KEY POINTS OF DEPARTURE	34 - 92
	II. SUMMARY OF FINDINGS	93 - 167
	A. Treaties/agreements between indigenous peoples and States	108 - 127
	B. Other constructive arrangements	128 - 146
	C. Situations lacking specific bilateral legal instruments to govern relations between indigenous peoples and States	147 - 167
	III. A LOOK AT THE PRESENT: ORIGIN, DEVELOPMENT AND CONSEQUENCES OF THE DOMESTICATION PROCESS	168 - 244
	IV. LOOKING AHEAD: CONCLUSIONS AND RECOMMENDATIONS	245 - 322

Paragraphs

Introduction

1 - 33

I. SOME KEY POINTS OF DEPARTURE

34 - 92

II. SUMMARY OF FINDINGS

93 - 167

A. Treaties/agreements between indigenous peoples and States

108 - 127

B. Other constructive arrangements

128 - 146

C. Situations lacking specific bilateral legal instruments to govern relations between indigenous peoples and States

147 - 167

III. A LOOK AT THE PRESENT: ORIGIN, DEVELOPMENT AND CONSEQUENCES OF THE DOMESTICATION PROCESS

168 - 244

IV. LOOKING AHEAD: CONCLUSIONS AND RECOMMENDATIONS

245 - 322

UNGA Third Committee Resolution: Rights of Indigenous Peoples

United Nations A/C.3/68/L.30/Rev.1
General Assembly Distr.: Limited
20 November 2013
Original: English
13-57517 (E) 211113
*1357517*
Sixty-eighth session
Third Committee
Agenda item 66 (a)
Rights of indigenous peoples
Argentina, Armenia, Australia, Belize, Bolivia (Plurinational State of), Brazil,
Congo, Costa Rica, Cuba, El Salvador, Guatemala, Guyana, Honduras, Mexico,
New Zealand, Nicaragua, Norway, Paraguay, Peru, Spain, Uruguay and
Venezuela (Bolivarian Republic of): revised draft resolution
Rights of indigenous peoples
The General Assembly,
Recalling all relevant resolutions of the General Assembly, the Human Rights
Council and the Economic and Social Council relating to the rights of indigenous
peoples,
Reaffirming its resolutions 65/198 of 21 December 2010, 66/142 of
19 December 2011 and 67/153 of 20 December 2012,
Reaffirming also its resolution 66/296 of 17 September 2012 on the
organization of the high-level plenary meeting of the General Assembly, to be
known as the World Conference on Indigenous Peoples, to be held on 22 and
23 September 2014, and noting with appreciation its inclusive preparatory process,
as well as the participation of representatives of indigenous peoples in the
Conference,
Recalling the United Nations Declaration on the Rights of Indigenous
Peoples,1 which addresses their individual and collective rights,
Inviting Governments and indigenous peoples to organize international or
regional conferences and other thematic events to contribute to the preparations for
the Conference, and encouraging the participation of the three United Nations
mechanisms on indigenous peoples2 at these events,
__________________
1 Resolution 61/295, annex.
2 Permanent Forum on Indigenous Issues, Expert Mechanism on the Rights of Indigenous Peoples
and Special Rapporteur of the Human Rights Council on the rights of indigenous peoples.
A/C.3/68/L.30/Rev.1
2/5 13-57517
Welcoming the engagement of indigenous peoples in the preparations for the
World Conference, including at the regional and global levels, and encouraging their
continued and active engagement,
Recalling its resolution 59/174 of 20 December 2004 on the Second
International Decade of the World’s Indigenous People (2005-2014) and its
resolution 60/142 of 16 December 2005 on the Programme of Action for the Second
International Decade of the World’s Indigenous People, in which it adopted
“Partnership for action and dignity” as the theme for the Second Decade,
Welcoming the achievements made during the Second International Decade of
the World’s Indigenous People, and recognizing that challenges remain in finding
the solutions to the problems faced by indigenous peoples in such areas as
traditional knowledge, culture, education, health, human rights, the environment and
social and economic development,
Stressing the importance of promoting and pursuing the objectives of the
United Nations Declaration on the Rights of Indigenous Peoples also through
international cooperation to support national and regional efforts to achieve the ends
of the Declaration, including the right to maintain and strengthen the distinct
political, legal, economic, social and cultural institutions of indigenous peoples and
the right to participate fully, if they so choose, in the political, economic, social and
cultural life of the State,
Recalling the United Nations Millennium Declaration,3 the 2005 World
Summit Outcome4 and the outcome document of the high-level plenary meeting of
the General Assembly on the Millennium Development Goals,5
Recalling also the outcome document, entitled “The future we want”, of the
United Nations Conference on Sustainable Development, held in Rio de Janeiro,
Brazil, from 20 to 22 June 2012,6
Recalling further Human Rights Council resolutions 24/9 of 26 September
2013, entitled “Human rights and indigenous peoples: mandate of the Special
Rapporteur on the rights of indigenous peoples”, by which the Council decided to
extend the mandate of the Special Rapporteur on the rights of indigenous peoples,
and 24/10 of 26 September 2013, entitled “Human rights and indigenous peoples”,
Recalling Commission on the Status of Women resolutions 49/7 of 11 March
2005, entitled “Indigenous women: beyond the ten-year review of the Beijing
Declaration and Platform for Action”,7 and 56/4 of 9 March 2012, entitled
“Indigenous women: key actors in poverty and hunger eradication”,8
Recalling also the first Peoples’ World Conference on Climate Change and the
Rights of Mother Earth, hosted by the Plurinational State of Bolivia in Cochabamba
from 20 to 22 April 2010,9
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3 Resolution 55/2.
4 Resolution 60/1.
5 Resolution 65/1.
6 Resolution 66/288, annex.
7 See Official Records of the Economic and Social Council, 2005, Supplement No. 7 and
corrigendum (E/2005/27 and Corr.1), chap. I, sect. D.
8 Ibid., 2012, Supplement No. 7 and corrigendum (E/2012/27 and Corr.1), chap. I, sect. D.
9 See A/64/777, annexes I and II.
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Taking note of the regional review conferences on population and
development, including the Regional Conference on Population and Development in
Latin America and the Caribbean, held in Montevideo, from 12 to 15 August 2013,
which included “Indigenous peoples: interculturalism and rights” as part of the
Montevideo Consensus on Population and Development adopted at the Conference,
Welcoming the global launch of the International Year of Quinoa, 2013, and the
high-level panel discussion on food security and nutrition, held on 20 February
2013, which constituted one of the first steps in an ongoing process, focusing the
world’s attention on the important role of quinoa, promoting the traditional
knowledge of Andean indigenous peoples, contributing to the achievement of food
security, nutrition and poverty eradication and raising awareness of their
contribution to social, economic and environmental development, and inviting
Member States to share good practices on the implementation of activities in
support of the achievement of the internationally agreed development goals,
including the Millennium Development Goals,
Recognizing the value and the diversity of the cultures and the form of social
organization of indigenous peoples and their holistic traditional scientific
knowledge of their lands, natural resources and environment,
Recognizing also the importance of traditional sustainable agricultural
practices, including traditional seed supply systems, as well as access to credit and
other financial services, markets, secure land tenure, health care, social services,
education, training, knowledge and appropriate and affordable technologies,
including efficient irrigation, the reuse of treated wastewater and water harvesting
and storage for indigenous peoples and others living in rural areas,
Concerned about the extreme disadvantages that indigenous peoples have
typically faced across a range of social and economic indicators and about the
impediments to their full enjoyment of their rights,
Stressing the need to pay particular attention to the rights and special needs of
indigenous women, children, youth and persons with disabilities, as set out in the
United Nations Declaration on the Rights of Indigenous Peoples, including in the
process of protecting and promoting access to justice by indigenous peoples,
indigenous women, children, youth and persons with disabilities,
Recalling its resolution 65/198, by which it decided to expand the mandate of
the United Nations Voluntary Fund for Indigenous Populations so that it could assist
representatives of indigenous peoples’ organizations and communities to participate
in sessions of the Human Rights Council and of human rights treaty bodies, on the
basis of diverse and renewed participation and in accordance with relevant rules and
regulations, including Economic and Social Council resolution 1996/31 of 25 July
1996, and urged States to contribute to the Fund,
Recalling also its decision, in its resolution 66/296, to expand the mandate of
the Fund so that it can assist, in an equitable manner, representatives of indigenous
peoples, organizations, institutions and communities to participate in the World
Conference on Indigenous Peoples, including in the preparatory process, in
accordance with relevant rules and regulations,
1. Welcomes the work of the Expert Mechanism on the Rights of Indigenous
Peoples, of the Permanent Forum on Indigenous Issues and of the Special
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Rapporteur of the Human Rights Council on the rights of indigenous peoples, takes
note of his report,10 and encourages all Governments to respond favourably to his
requests for visits;
2. Takes note of the outcome document of the Global Indigenous
Preparatory Conference for the World Conference on Indigenous Peoples,11 held in
Alta, Norway, in June 2013, and other proposals made by indigenous peoples, and
recommends that the four themes identified in the outcome document be taken into
account when considering the specific themes for the round-table and interactive
panel discussions for the World Conference;
3. Urges Governments and intergovernmental and non-governmental
organizations to continue to contribute to the United Nations Voluntary Fund for
Indigenous Populations and the Trust Fund for the Second International Decade of
the World’s Indigenous People, and invites indigenous organizations and private
institutions and individuals to do likewise;
4. Encourages those States that have not yet ratified or acceded to the
International Labour Organization Indigenous and Tribal Peoples Convention, 1989
(No. 169)12 to consider doing so and to consider supporting the United Nations
Declaration on the Rights of Indigenous Peoples, and welcomes the increased
support by States for the Declaration;
5. Encourages States, in consultation and cooperation with indigenous
peoples, to take the appropriate measures, including legislative measures, to achieve
the goals of the Declaration;
6. Encourages all interested parties, in particular indigenous peoples, to
disseminate and consider good practices at different levels as a practical guide on
how to attain the goals of the Declaration;
7. Stresses the need to strengthen the commitment of States and the entities
of the United Nations system to mainstream the promotion and protection of the
rights of indigenous peoples into the development agenda at the national, regional
and international levels, and encourages giving due consideration to the rights of
indigenous peoples in the elaboration of the post-2015 development agenda;
8. Decides to continue, at its sixty-ninth session, its consideration of ways
and means of promoting the participation of representatives of indigenous peoples at
meetings of relevant United Nations bodies and other relevant United Nations
meetings and processes on issues affecting indigenous peoples, on the basis of the
rules of procedure of such bodies and existing procedural rules and regulations of
the United Nations, taking into account the report of the Secretary-General,13
existing practices for the accreditation of representatives of indigenous peoples at
the United Nations and the objectives of the United Nations Declaration on the
Rights of Indigenous Peoples, and notes the opportunity to further discuss this
matter within the framework of the high-level plenary meeting of the General
Assembly to be known as the World Conference on Indigenous Peoples;
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10 A/68/317.
11 See A/67/994, annex.
12 United Nations, Treaty Series, vol. 1650, No. 28383.
13 A/HRC/21/24.
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9. Requests that United Nations entities further enhance their coordination
and intensify their efforts towards a more coherent, comprehensive and integrated
approach to the rights of indigenous peoples through, inter alia, the Inter-Agency
Support Group on Indigenous Issues and the United Nations Indigenous Peoples’
Partnership, and calls upon the United Nations entities, in close collaboration with
Member States, organizations and institutions and representatives of indigenous
peoples, non-governmental organizations, the private sector and relevant partners, to
develop additional measures to continue to support national, regional and
international efforts to advance the rights of indigenous peoples;
10. Decides to change the title of the United Nations Voluntary Fund for
Indigenous Populations to the United Nations Voluntary Fund for Indigenous
Peoples;
11. Also decides to continue consideration of the question at its sixty-ninth
session under the item entitled “Rights of indigenous peoples”.