Tuesday, April 21, 2015

UNPFII: Methodogies and Outcomes, Mandates and Doctrines

United Nations Permanent Forum on Indigenous Issues
14th Session June 20, 2015
Agenda Item: 3a) Outcome of the High Level Plenary [WCIP] of September 2014

We call for an effective decolonization methodology of operation that recognizes the dual mandate of the UN Permanent Forum, namely that of the member states of the UN system established through the UN Charter as a derivative of the Wesphalian systemof state sovereignty formalized in 1648, and the Diverse and distinct Mandates of Tradition, Jurisprudence and Jurisgenesis of the Original Nations of Indigenous Peoples as geopolitical expressions of the Territorial Integrity of Mother Earth.

Ideas for reform of Forum annual sessions:

We propose that the concept and identity of Indigenous Peoples as "Peoples, equal to all other peoples ...." be instituted without the system wide discrimination planned or not, that reduces our participation within the UN system to the category of "Indigenous Issues" as is still evident in this 14th session of the Forum in spite of repeated interventions on this question over the many years.

Constructive and Substantive Questions and Answers:

As brought forward by former Permanent Forum member Tonya Gonella Frichner, in her Preliminary Study on the Doctrine of Discovery of 2010, any advancement in the recognition, respect, and guarantees for the Rights of Indigenous Peoples would necessarily have to begin with a challenge to the cognitive systems of colonization themselves that have dehumanized and reduced the inherent Human Rights of Indigenous Peoples to items on an agenda of consideration of the very institutions that are the agents and beneficiaries of the colonization processes which continue today across our continent of the Great Turtle Island Abya Yala.

In consideration of the reference given today regarding the System Wide Action Plan now being designed by the UN system as a result of the UN High Level Plenary Meeting of September 2014, and the elements of consideration for this plan, which are to include Convention 169 of the International Labor Organization,

We Recommend:

That the Trans-border study to be presented in this session by UNPFII chairperson Megan Davis be extended to integrate a specific focus on the impact of the violation of the Rights of Indigenous Peoples in this continent of Abya Yala as a result of the international borders of the states that are successors to the systems of jurisdiction and sovereignty established under the Doctrine of Discovery. We propose that this expanded study be integrated along with the pertinent recommendations from the studies by the Permanent Forum on the continuing impact of the Doctrine of Discovery and the principle of Universal Equality and Human Rights of Self Determination, as well as relevant provisions of the UNDRIP, and Convention 169 of the International Labor Organization.

In order to comprehensively and justly implement this recommendation, it is again recommended that the 1999 Treaty Study accomplished by Dr. Miguel Alsfonso Martinez be elevated and integrated into the extended study, since the principle of "Indigenous Peoples, equal to all other peoples " established with the UNDRIP in 2007 was not yet instituted at the time.  The Treaty Study must be recontextualized within the horizon of the Principles of Universal Equality and the Right of Self Determination of "Indigenous Peoples, equal to all other peoples..." with Treaties equal to all other treaties.

We call for the restitution of the primary source materials and testimony that was lent to the United Nations system as fundamental to the evidence in document form of the systemic (system to system) nature of the legal relationships between the Nations of Indigenous Peoples and the member states of the UN system for the purpose of the Treaty Study conducted by Dr. Miguel Alfonso Martinez of Cuba.

Such delivery would be an initial act of good faith in terms of the continuing process of systemic documentation among the Nations of Indigenous Peoples and the member states of the UN system.  Such delivery should be facilitated by UNPFII prior to and as a necessary act of condition to allow for the full and effective participation of the Indigenous Peoples with the UN system as a whole on an equal basis and without systemic discrimination in the process of producing evaluations or recommendations, inlcluding those regarding the Final Outcome Document of the High Level Plenary Meeting of the General Assembly 2014.
Embassy of Indigenous Peoples