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

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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
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Pluriversidad Indígena Amawtay Wasi: PRESENTE!
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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
__________________
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.
A/C.3/68/L.30/Rev.1
13-57517 3/5
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
A/C.3/68/L.30/Rev.1
4/5 13-57517
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;
__________________
10 A/68/317.
11 See A/67/994, annex.
12 United Nations, Treaty Series, vol. 1650, No. 28383.
13 A/HRC/21/24.
A/C.3/68/L.30/Rev.1
13-57517 5/5
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”.

Estrategia del Caucus de los Pueblos Indigenas de America del Norte hacia Alta, HLP/WCIP 2014

North American Indigenous Peoples' Caucus (NAIPC)

North American Indigenous Peoples’ Preparatory Meeting

for the

World Conference on Indigenous Peoples

Kumeyaay Territory, Sycuan

[San Diego, California]

February 28 - March 1, 2013

Estrategia del Caucus de los Pueblos Indígenas de América del Norte hacia la sesión de Pueblos Indígenas en Alta, Noruega y el HLP / WCIP en 2014:

Vamos a avanzar en el trabajo de la NAIPC mediante la exploración de las posibilidades de trayectoria  que puede realizar, incluyendo asistir y participar en la reunion preparativa los Pueblos Indígenas en Alta, Noruega para el HLP / WCIP 2014, con base en lo siguiente:

1 . Promover los derechos de los pueblos indígenas como pueblos y naciones con derechos iguales a todos los demás pueblos.

2 . Que poseemos y confirmamos el derecho inalienable de la libre determinación y auto-determinacion tal como se reconoce en diversos instrumentos internacionales (la Declaración Universal de los Derechos Humanos , el artículo 1 de los Pactos de Derechos Humanos y la Resolución 1514 de la ONU), incluido el artículo 3 de la Declaración de la ONU sobre los Derechos de los Pueblos indígenas, así como nuestros derechos a nuestras tierras, territorios, recursos, tratados , idiomas y culturas.

3. En la reunión mundial preparatoria de los Pueblos Indígenas vamos a avanzar en la posición de que lel "documento final" deberá proteger y promover los derechos inalienables y fundamentales que poseemos como Pueblos y Naciones Indígenas, incluido el derecho a participar plenamente y en igualdad como Pueblos y Naciones Unidas para respaldar la aplicación de las povisiones de la Declaración de las Naciones Unidas que promuevan los derechos y la protección de los Pueblos y Naciones indígenas;

4. El Caucus podrá proponer y considerar las recomendaciones específicas de conformidad con la presente decisión;

5 . Que el "documento final" de Alta será revisada por NAIPC para explorar y evaluar los posibles beneficios e impactos negativos, y para determinar nuestra participación de futuro incluyendo participacion en el HLP / WCIP.

TRANSLATION:

TONATIERRA

*******

North American Indigenous Peoples' Caucus (NAIPC)

North American Indigenous Peoples’ Preparatory Meeting

for the

World Conference on Indigenous Peoples

Kumeyaay Territory, Sycuan

[San Diego, California]

February 28 - March 1, 2013

North American Indigenous Peoples’ Caucus Strategy for the Indigenous Peoples’ Session in Alta, Norway and the HLP/WCIP in 2014

We will advance the work of the NAIPC by exploring the possibilities of where this can go, including attending and participating in the Indigenous Peoples’ preparatory gathering in Alta, Norway for the HLP/WCIP 2014, based on the following:

1.     Advance the rights of Indigenous Peoples as Peoples and Nations with rights equal to all other Peoples.

2.     That we have and confirm the inalienable right to and of self-determination as recognized in various international instruments (the Universal Declaration of Human Rights, Article 1 of the Human Rights Covenants, and U.N. Resolution 1514), including Article 3 of the UN Declaration on the Rights of Indigenous Peoples, as well as our rights to our lands, territories, resources, treaties, languages and cultures.

3.     At the global Indigenous Peoples’ preparatory meeting we will advance the position that the Indigenous Peoples’ “outcome document” shall protect and advance the inalienable and fundamental rights we have as Indigenous Peoples and Nations, including the right to participate fully and equally as Peoples and Nations to support the implementation of the provisions of the UN Declaration that advance the rights and protections of Indigenous Peoples and Nations;

4.     The Caucus may propose and consider specific recommendations consistent with this decision;

5.     That the Alta “outcome document” will be reviewed by NAIPC to explore and assess the possible benefits and negative impacts, and to determine future involvement including at the HLP/WCIP.

Colonial Oppresion at Elsipogtog: Right to Self Determination

Colonial Oppression at Elsipogtog:  Right to Self-determination

Arthur Manuel, October 21, 2013

It is important to understand the dynamics of Colonialism and how it manifests itself inside Canada.  Colonialism has basically three parts, dispossession, dependency and oppression.

In Canada dispossession happened when the British North America Act 1867 (BNA Act) was passed in the Imperial Parliament of Great Britain.  The BNA Act 1867 was Canada’s first Constitution but more importantly it turned over all Indigenous Peoples territories to federal and provincial government law making power.  The BNA Act 1867 is a fundamental violation of the human right of Indigenous Peoples to self-determination.

It is under section 91 federal and 92 provincial sections that the provinces establish their power to cut down our trees, build mines and lay out pipelines.  The wealth and economy of Canada and the provinces is based on this colonial constitution that basically dispossesses Indigenous Peoples and makes us dependent on the federal and provincial governments.  Dispossession and dependency is humiliating and creates a great upheaval in our social, political, economic, cultural and spiritual life.  That is why the United Nations has condemned colonization in all its manifestations.

The only place where it is still very persistent is here in Canada.  In fact it was very evident when the Royal Canadian Mounted Police were facing off with Indigenous Peoples of Elisipotog.  The fracking exploration was made under laws made under the BNA Act 1867 without any recognition or affirmation of Aboriginal and Treaty Rights.  The injunction and enforcement order that the Southwestern Energy Company from Houston, Texas was based on permits gotten under that system.  The police were engaged in colonial oppression by enforcing that order against Indigenous Peoples without recognition and affirmation of Aboriginal and Treaty Rights.

When Canada’s Constitution patriated in 1982 section 35 and section 37 was added to fully include Aboriginal and Treaty Rights.  It was the Constitution Express 1980 and the British lobby in 1981 that got those sections added to the constitution and they must be linked together because without them linked together, you get the constitutional and legal mess we are in now.

Section 35 clearly states that the federal and provincial governments will recognize and affirm Aboriginal and Treaty Rights.  Section 37 calls for several constitutional conferences to be called on Aboriginal matters with the intention that some kind of constitutional agreement would be hammered out between the federal and provincial governments and Indigenous Peoples.  The conferences were held but no constitutional agreement was reached.  The conferences failed.

It is apparent that the federal and provincial governments did not realize the international significance of these conferences and how they are directly linked to the right of Indigenous Peoples to self-determination.  The Prime Minister and premiers back then thought if these conferences fail we could turn this matter over to the Supreme Court of Canada to decide.  That is what is happening right now.  That is the reason why Elsipogtog conflict happened and why the Tsilhqot’in Peoples will be before the Supreme Court of Canada in November. 

The Supreme Court of Canada is not capable of dealing with the decolonization of Indigenous Peoples because it is through precedent dominated by legal concepts that are based on the British North America Act 1867.   Self-determination in Canada is based upon creating a new constitutional based decision making process that recognizes and affirms Aboriginal and Treaty Rights.  Recognition and affirmation of Aboriginal and Treaty Rights means that the colonial concept that only the federal and provincial governments can make law in our Indigenous territories is wrong.

Self-determination is an international right that “All Peoples” have in order to repudiate colonization.  The first issue facing us is the dispossession of our lands under the BNA Act 1867.  Canada and the Supreme Court of Canada are too tied up in a conflict of interest to achieve this.  It is clear that in Elsipogtog and hundreds of other situations the establishment use the BNA Act 1867 to get injunctions to arrest our peoples.  My daughters had to spend many months in jail over the Sun Peaks dispute here in Secwepemc Territory.  The Sun Peaks expansion still has not been resolved.

It has not been resolved because there is no legitimate process to negotiate this matter.  Even the courts on the idea of municipal status decided in favor of the BC government and Sun Peaks.  Colonial oppression of being arrested, going to court and serving time in jail has kept my peoples from raising this dispute on the ground since 2008.  Colonial oppression is the enforcement side of colonial dispossession.  I am part of the “Defenders of the Land” and we are aware of this linkage from a bird’s eye view, because our network is based on activists who have been down this road before.  Periodically we get together to talk over the struggle and plan to work together and help others who are on the front line now.   

In fact the Defenders of the Land have made an agreement with Idle No More to work together.  I do not want to share any specific details of this relationship other than say solidarity around “strong” not weak positions are critical to achieving self-determination.  In this regard I believe the ideas of “reconciliation” is too premature because Canada and the provinces have not even recognized our rights.  That was very clear at the front lines in Elsipogtog.  Canada and the provinces were saying my way or the highway.  That is not reconciliation. 

I believe the legal notion of reconciliation is a soft sell for extinguishment.  I know literally reconciliation has a different meaning but when talking about Indigenous issues around word definitions, things get really squirrely.  I remember my dad was one of the first Indigenous leaders calling for Indian self-government but after the Department of Indian Affairs defined what that meant, my dad was against self-government at least the way Canada is imposing that idea on self-government.  That warped policy is still being imposed now.  Reconciliation in my mind means Canada and the provinces have to recognize and affirm our Aboriginal and Treaty Rights on the ground and a constitutional agreement on how this applies on the ground needs to be agreed to.

This would mean that certain decision-making matters and processes decided under section 91 and section 92 in Canada’s Constitution 1982 will be transferred to Indigenous Peoples governments as recognized and affirmed under section 35.  Canada and the provinces need to make these adjustments.  The colonial privilege of making 100% of all decisions became outdated when section 35 was added to Canada’s constitution in 1982.

In fact Indigenous leaders who are signing revenue sharing deals under federal and provincial laws are undermining Indigenous Peoples sovereignty and right to self-determination.  Unfortunately you cannot have it both ways.  You either want to be governed under federal and provincial law or you want to build a new Canada based on recognition and affirmation of Aboriginal and Treaty Rights.  Recognition and affirmation of Aboriginal and Treaty Rights is based on our sovereignty as Indigenous Peoples.  Our sovereignty is what defines us as a “Peoples” even though we live in Canada and it entitles us to self-determination under the United Nations.

I am going to go to Geneva, Switzerland in 2014 and 2015 when Canada has to appear before the United Nations Human Rights Committee.  The question that the Human Right Committee asked Canada the last time they appeared before them was how they were applying Article 1 of the International Covenant on Civil and Political Rights to Indigenous Peoples.  Article 1 is the provision that states, “All peoples have the right to self-determination”. Canada said that Indigenous Peoples exercised the right to self-determination as Canadians.  That is wrong. 

Land conflicts clearly demonstrate that we do not believe the BNA Act 1867 gave Canada and the provinces our land.  The use of armed forces like the RCMP and the Canadian Army to colonially oppress our peoples and trample on our Aboriginal and Treat Rights clearly show we are not Canadians.  The fact that there is this “persistent disparity” between Indigenous Peoples and the settlers show we are not Canadians.  This message has to be gotten to the United Nations Human Rights Committee like we got that same message out when Trudeau and Chretien were patriating the Canadian Constitution before the House of Lords and House of Commons in Great Britain in 1981-82. 

We need to demand that Canada fully address the issue of the application of Article 1 regarding Indigenous Peoples.  We need to provide evidence of our colonization.  We need provide evidence of how the Canada settler government dispossessed our peoples, how they are made us dependent on the Department of Indian Affairs and how the RCMP and Army are used to oppress us when we assert our sovereignty as Indigenous Peoples.  We need to be clear that the only ones to achieve self-determination when the constitution was patriated in 1982 was the settler Canadians, because the constitutional conference on Aboriginal matters failed.

We need to be clear that when these constitutional conferences failed they proved that the Prime Minister and premiers were incapable of making compromises to their colonial powers and privileges and accommodating the self-determination of Indigenous Peoples. The failure of Canada to achieve successful constitution conferences transferred that responsibility to the United Nations Human Rights Committee to apply Article 1 of the UN International Covenant on Civil and Political Rights on self-determination to Indigenous Peoples. 

Our sympathies and solidarity goes out to all front line strugglers from my family and all the Secwepemc Peoples who are ready to fight.  I qualify this statement regarding my nation because I also know there are a few of my people who are part of the neo-colonial types.  Nevertheless may the Creator give you courage through the difficult times you will be experiencing.  Canada and the provinces have only one objective when they engage in colonial oppression and that is colonial rule, which means they will try and crush your spirit and your economic independence.  Be strong.  You are on the good side.


Arthur Manuel

The Law of Exceptions: NAFTA and the UN Declaration on the Rights of Indigenous Peoples

Open Letter to the Ministers of State and the Public Societies of Canada-US-Mexico

NAFTA and the UN Declaration on the Rights of Indigenous Peoples

October 27, 2011

Greetings.  Today the ancient arc of pilgrimage of the Nations and Pueblos of the Indigenous Peoples of Anahuac, Turtle Island and Abya Yala [the Americas] purposefully intersects once more with the trajectory of the government states whom you represent on our continent.  Today the traditional representatives of the Wixarika Nation bring the case of the Defense of Wirikuta, sacred heart of Mexico, to the fore of the national, international and global agenda of discussion on the Rights of Indigenous Peoples, and the rights of Mother Earth.  As Nican Tlacah, we are on a pilgrimage of purpose to generate the collective understanding necessary among all human society for the sacredness of life itself to be lived, to be celebrated, and to be protected in the homelands and sacred shrines of the Indigenous Peoples.

Today in Mexico City, and at the Canadian Embassy in Mexico a petition demanding respect and protection for the sacred sites of the Wirikuta is being delivered to the Mexican and Canadian governments. We here-now, Nican Tlacah Izkalotecah, extend our solidarity and commitment to rectify the historical and social injustices that have created the immoral and illegal complicity among corporate interests and government officials who should be defending the common good and not acting as agents of corporate profits. 

Context

Within the provisions of the 1994 North American Free Trade Agreement (NAFTA) among your governments, each nation-state reserved the right to deny investors rights or preferences provided to “aboriginal peoples”, “socially or economically disadvantaged minorities”, or “socially or economically disadvantaged groups” in from two to five designated areas.  These provisions of exception are cited in Annex II, as follows:

·      “Canada reserves the right to adopt or maintain any measure denying investors of another Party and their investments, or service providers of another Party, any rights or preferences provided to aboriginal peoples,”

·      “The United States reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities, including corporations organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act,”

·      “Mexico reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged groups,” 

In reference to these provisions of exception of NAFTA, professor Valerie J. Phillips correctly stated, “All three nation-states remembered indigenous peoples, but only long enough to put them in their place. All of these exemptions simply continue the ongoing nation-state subordination and marginalization of indigenous peoples.”

The terms subordination and marginalization are only the skin of the beast.  The actual process which has been ongoing since October 12, 1492 is genocide and colonialism, implemented via trade agreements and economic development policies that favor the process of colonization by European American “white” elites continentally and their corporate accomplices.  The Niña, the Pinta, the Santa Maria, the Mayflower: the NAFTA and the NARCO.

Marcha del 27 octubre Mexico, DF

The invasion of Turtle Island Abya Yala continues, yet our resistance, as Indigenous Peoples is also unbroken.  We resist and rebel, we regenerate and call out once more today for rectification and clarity, purpose and solidarity as children of the Nations and Pueblos of Mother Earth.

Clarifications:

From the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly September 13, 2007:

Article 32


States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

It is evident that the lack of processes and accountability for violations of the Right of Free, Prior, and Informed Consent for Indigenous Peoples is a fatal flaw not only the consultations which led to the NAFTA as a regional commercial compact, but for the actual ongoing implementation of the agreement.  The case of Wirikuta in Mexico is mirrored in the crisis of the Tar Sands in Alberta, Canada and Mt. Tenabo in Nevada as well as scores of other development projects impacting Indigenous Nations across North America including the San Francisco Peaks in Arizona. The violation of the right of Free, Prior and Informed Consent extends across the entire spectrum of economic development programs that are promoted and protected with preferential economic policies by the governments of the North American Free Trade Agreement (NAFTA) regime.

The violation of the Right of Free, Prior, and Informed Consent is systemic under the neoliberal policies of these states, as is their complicity in the criminal exploitation and expropriation of the natural resources and labor of our Nations and Pueblos.  This is a grave foreign policy issue of crisis that must be addressed under the standards of the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly on September 13, 2007.

Focusing in on the US context of the issues, Anthony Bothwell, remarks that the European taking of America involved “the most extensive land fraud and the largest holocaust in world history”.  He argues persuasively that, within the United States, the Supreme Court distorted international “laws” or doctrines regarding conquest and discovery to “rationalize white supremacist usurpation of Indian nation sovereignty, even while conceding that the great injustice may have violated international law principles”.  Bothwell goes even further than the mere analysis of then-existing international laws to assert that the taking of America violated binding treaties, the law of nations as recognized in the U.S. Constitution, as well as the Supremacy, Commerce, Takings, Contracts, and Fifth Amendment Due Process Clauses of the U.S. Constitution.

Yet, in spite of these assessments and predictions of the Master’s Narrative, today the Wixarica speak to the World once more from the ceremonial ground of Mexico in pilgrimage of purpose and clarification. The Cuachichilcameh Izkalotecah respond and relay the following message, once more:

Continental Proclamation

Abya Yala

Permanent Forum on Indigenous Issues

Fifth Period of Sessions  May 15- 26, 2006

United Nations   NY, NY

Recalling the memory, will and spirit of our ancestors of time immemorial, they who gave origination to we the Indigenous Nations of the Continent Abya Yala,

Reclaiming the power of destiny as Peoples of Humanity,

In safeguard of the Rights of the Future Generations of our Nations of Indigenous Peoples,

Invoking the ancestral mandates of our Continental Confederation of the Eagle and the Condor, and the respective pronunciations ratified in Continental Summit of Indigenous Peoples in Quito, Ecuador 2004, and in Mar de Plata, Argentina 2005,

WE HEREBY PROCLAIM

Presenting ourselves as Nations of the Indigenous Peoples of our continent Abya Yala before this Fifth Period of Sessions of the Permanent Forum on Indigenous Issues of the United Nations, and upon being received as such by the convoking authorities on the floor of the General Assembly,

That the Papal Bull Inter Caetera of Pope Alexander VI is hereby ANNULLED, as well as whatever Doctrine of Discovery proceeding from which that pretends to deform the relationship of Harmony, Justice, and Peace of we the Indigenous Peoples of Humanity in its entirety.

May 18, 2006

CONCLUSION

We call upon the ministers of government at all levels of Canada-US-Mexico and the public constituencies of their respective societies to address without prejudice or discrimination the above clarifications. We assert that these clarifications command rectification of the crime of colonialism and a moratorium on all NAFTA economic development projects impacting the territories of the Nations and Pueblos of Indigenous Peoples until the right of Free, Prior and Informed Consent of the Indigenous Peoples is fully recognized, respected, and protected in the spirit of the UN Declaration on the Rights of Indigenous Peoples, as follows:

“Affirming that Indigenous Peoples are equal to all other peoples,…..”

NAHUACALLI

Embassy of Indigenous Peoples

www.nahuacalli.org