1894 Sioux Nation
Treaty Council
Statement of Charmaine White Face
Spokesperson for the 1894 Sioux Nation Treaty Council
United Nations Human Rights Council
51st Session - Geneva, Switzerland
Panel discussion on the negative impact of the legacies of colonialism on the enjoyment of Human Rights
YouTube:
Wednesday September 28, 2022
My name is
Charmaine White Face. I am the
Spokesperson for the 1894 Sioux Nation Treaty Council. We are located in the middle of North
America. We are from the Great Sioux Nation and have an International Treaty
with the United States. However, the U.S
placed us in Prisoner-of-war camps which they call American Indian
Reservations, and the US is illegally occupying our Treaty territory without
our consent.
Thank you
for approving Resolution 48/7 regarding the Negative Impacts of
Colonialism. Approving a Resolution
recognizing that there are still dehumanizing effects of colonialism in the world is a first step in healing those
harmful effects for millions of Indigenous Peoples and Nations.
To fully
activate Resolution 48/7, this Human Rights Council needs to recommend in your
report to the General Assembly that all Indigenous Nations that have
International treaties or agreements with colonizing governments are
automatically placed on the Decolonization List. Resolution 48/7 was meant to
truly eliminate not enable colonization.
In
addition, this Council must offer to all Indigenous Nations and Peoples
including those without treaties, or agreements but who suffer oppression by
colonizing governments, the opportunity of participating in the process of
Decolonization. Without that
opportunity, the Human Right to Self Determination of Indigenous Peoples and
Nations is denied and colonialism condoned.
Mitakuye
oyasin (For all my relations), Thank
you.
**************
June 30, 2022
The Sioux Nation
Treaty Council has been sending representatives to attend various meetings at
the United Nations since 1982 after exhausting all remedies in the American
courts. The main purpose has always been
to find a resolution of this International Treaty which would mean the 1868
Fort Laramie Treaty would be enforced, the land title returned to the Sioux
Nation, and the USA, with rare exceptions, removed from the Treaty
territory. The UN Decolonization process
could be a way to stop the forced assimilation, racism, and bigotry that has
been inflicting drastic harm to the Sioux people for more than 150 years.
******************
OFFICE OF THE HIGH
COMMISSIONER FOR HUMAN RIGHTS
1994/45. Draft United Nations declaration on the
rights of
Indigenous Peoples
The Sub-Commission on
Prevention of Discrimination and Protection of Minorities
Article 36
(Original)
Indigenous peoples have the right to the
recognition, observance and enforcement of treaties, agreements and other
constructive arrangements concluded with States or their successors, according
to their original spirit and intent, and to have States honour and respect such
treaties, agreements and other constructive arrangements. Conflicts and disputes which cannot otherwise
be settled should be submitted to competent international bodies agreed to by
all parties concerned.
Introduction to the Spanish
translation
January 2021
The narrative and comparative analysis in
this fundamental study of the UN Declaration on the Rights of Indigenous
Peoples by Charmaine White Face, provides critical context for the battle
for self-determination that the Original Nations of Indigenous Peoples
face today in the global arena of shifting geopolitical powers. The original
English language edition of this book was published in 2013. Now, with this Spanish translation being made
available to the leadership of the Indigenous Peoples of the world at a
climactic turning point in the history of world affairs, the Mandate of the Indigenous
Peoples emerges once again in power and purpose with a message for all
humanity.
The final text of the Declaration as adopted
by the UN General Assembly on September 13, 2007, was preceded by two other
versions.
In 1994 the Sub-Commission on the
Prevention of Discrimination and Protection of Minorities approved the Original
Text of the declaration which was the product of many years of deliberation
that allowed for a degree of meaningful and decisive participation of
Indigenous Peoples from around the world.
In 2006, the UN Human Rights Council
adopted a version of the declaration submitted by an individual official of the
UN system, the Chairman-Rapporteur of the Working Group on the Draft
Declaration, Sr. Luis Enrique Chavez.
After the African Union inserted changes to this version, the UN
General Assembly then included nine additional changes in the final version
of the text which was approved in 2007.
The presentation of the version as adopted by
the General Assembly was challenged on November 29, 2004 by a five-day prayer
fast/hunger strike by six indigenous delegates to the Working Group on the
Draft Declaration at UN headquarters in Geneva, Switzerland. With support and solidarity of Indigenous
Peoples from around the world, the demand was that the Original Text as
approved by the Sub-Commission on the Prevention of Discrimination and
Protection of Minorities be recognized as the only legitimate version of
the declaration that would be advanced on the floor of the UN General
Assembly. With assurances from
representatives of the UN Commission on Human Rights (also called the
CHR) that if no consensus could be achieved by the end of the 2004 session of
the Working Group, the only version of the declaration that would be submitted
to the full Commission would be the Sub-Commission Text as approved in 1994,
the hunger strike/prayer fast came to an end.
This agreement was subsequently violated, and
then betrayed.
51st session of the
Human Rights Council
Panel discussion on the negative impact of the legacies of
colonialism on the enjoyment of human rights
Concept note (draft as of 29 August 2022)
Date and venue:
Wednesday,
28 September 2022, 4 to 6 p.m. (UTC+2)
Room XX, Palais des Nations, Geneva, and online platform
(Zoom)
(will be broadcast live and archived on https://media.un.org/en/webtv)
Outcome:
A summary report on the panel discussion will be prepared by
the Office of the United Nations High Commissioner for Human Rights and
submitted, including in an accessible format, to the Council at its
fifty-fourth session (September 2023). The panel discussion will contribute to
renewing and strengthening commitments to effectively address the negative
impact of the legacies of colonialism on the enjoyment of human rights, and
contribute to the implementation of the Fourth International Decade for the
Eradication of Colonialism (2021-2030) designated by the General Assembly.
Mandate:
In its
resolution 48/7 on the negative impact of the legacies of colonialism on the
enjoyment of human rights, the Human Rights Council decided to convene a panel
discussion at its fifty-first session to identify challenges in addressing the
negative impact of the legacies of colonialism on human rights, and to discuss
ways forward.
Format:
The
panel discussion will be limited to two hours. The opening statement and
initial presentations by the panellists will be followed by a two-part
interactive discussion and conclusions from the panellists. A maximum of one
hour will be set aside for the podium, which will cover the opening statements,
panellists’ presentations and their responses to questions and concluding
remarks. The remaining hour will be reserved for two segments of interventions
from the floor, with each segment consisting of interventions from 12 States
and observers, 1 national human rights institution and 2 non-governmental
organizations. Each speaker will have two minutes to raise issues and to ask
panellists questions. Panellists will respond to questions and comments during
the remaining time available.
The list of speakers for the discussion will be established
through the online inscription system and, as per practice, statements by
high-level dignitaries and groups of States will be moved to the beginning of
the list. Delegates who have not been able to take the floor due to time
constraints will be able to upload their statements on the online system to be
posted on the HRC Extranet. Interpretation will be provided in the six United
Nations official languages (Arabic, Chinese, English, French, Russian and
Spanish).
"In order to fulfil their obligations to
guarantee Indigenous Peoples’ right of self-determination and permanent
sovereignty over our lands, territories, resources, air, ice, oceans and
waters, mountains and forests, we recommend that States, as a matter of
urgency, establish effective mechanisms through agreements reached with the
Indigenous Peoples concerned, to effectively implement the aforementioned
rights consistent with State’s obligations under international law, the UN
Charter, the Declaration and Treaties and agreements concluded with
Indigenous Peoples and Nations;"
ALTA OUTCOME DOCUMENT (2013)
What is in question is not just the inherent
right of Indigenous Peoples to free, prior, and informed consent in a
culturally appropriate manner regarding projects that impact their territories
and human rights. Nor is this issue only limited to the specific treaty
concerns of specific Indigenous treaty nations with specific states.
What is in question is the need for the
international legal system of the planet to escape the conceptual constraints and the
ethical void of the colonial legacy which gave origin to the present
international framework, in open violation of the right of self-determination
of the Indigenous Peoples, equal to all other peoples. Such a
geopolitical trajectory could provide an effective strategic repositioning of
global ecological concerns vis-à-vis the fractured interests of the states and
the corresponding geopolitical blocs of power and competition. A multilateral
world that integrated the recognition of Indigenous Nationhood, where
the rights and responsibilities of the Original Nations of Indigenous Peoples of
Mother Earth are acknowledged and respected could provide a possible
alternative to the self-destructive modus operandi of the present
international regimes of competition, consumption, and finally the fatal
degradation of the biosphere.
Conclusion
In consideration of the preceding, we now submit:
On March 20, 2022, a joint Declaration by a
Western Hemisphere Alliance of Original Nations of Indigenous Peoples that
includes the 1894 Sioux Nation Treaty Council, the Western Shoshone Defense
Project, the Consejo de Todas las Tierras Mapuche, and TONATIERRA was submitted
to the United Nations Secretary General, the High Commissioner for Human
Rights, the Human Rights Council, and the Committee on the Elimination of
Racial Discrimination.
This declaration invoked the principles of UNHRC
Resolution 48/7 Negative impact of the legacies of colonialism and called
upon the UN system to address the institutionalized and systemic legacies of
discrimination and colonialism within the UN system.
(A/HRC/RES/48/7 Resolution adopted by the Human Rights
Council on 8 October 2021)
1.
Stresses the utmost importance of eradicating
colonialism and addressing the negative impact of the legacies of colonialism
on the enjoyment of human rights;
2.
Calls for Member States, relevant United
Nations bodies, agencies and other relevant stakeholders to take concrete steps
to address the negative impact of the legacies of colonialism on the enjoyment
of human rights;
Without the international recognition,
respect, guarantees to honor and mechanisms of effective enforcement of the Treaties
between the states and the Original Nations of Indigenous Peoples within the
international legal system of the UN member states, the concept of free, prior,
and informed consent for Indigenous Peoples is reduced from an international
standard and principle of law to a political phrase with significance derived
from the domestic interpretations and bureaucratic policies of the individual states.
In terms of the discussion and debate over
NTCP, all of the strategies and plans to address documented threats to the
human rights of Indigenous Peoples exacerbated by NTCP projects will be devoid
of justice, and instead serve as instrumentalities of even deeper subjugation
and colonization in particular for the Treaty Nations.
Therefore, in order to advance a substantive
discussion on the processes presented by United Nations Human Rights Council
Advisory Committee per UN HRC Resolution 48/14, we respectfully call for the
inclusion of the UN Study on Treaties, Agreements, and Constructive
Arrangements concluded by Special Rapporteur Miguel Alfonso Martinez in
1999 (E/CN.4/Sub.2/1999/20) as fundamental reference to contextualize the
issues being brought forward.
“We, Original Nations and Indigenous Peoples
of Mother Earth, assert our right to address all forms and manifestations of
colonialism, foreign occupation, including all scourges of racism and racial
discrimination, apartheid, crimes against humanity, and genocide on an equal
basis to all other peoples and nations in accordance with the United Nations
Charter.”
Joint Declaration from the following
Indigenous Nations and Peoples to the United Nations Secretary General, High
Commissioner for Human Rights, Human Rights Council, Committee on the Elimination
of Racial Discrimination, and the
Expert Mechanism on the Rights of Indigenous Peoples
March 20, 2022
Signed:
1894
Sioux Nation Treaty Council
Consejo
de Todas las Tierras Mapuche
Western
Shoshone Defense Project
TONATIERRA
www.tonatierra.org
chantlaca@tonatierra.org
