Indigenous Peoples and Human Rights

December 25, 2008

Colombia: Voice from the heart of the world

VOICE of the ELDER BROTHER, TAYRONA Original Peoples


Heart of the World, UMÛNÛKÛNÛ

(Sierra Nevada de Santa Marta, Colombia)

We, the Wintukwa Peoples of Umûnûkûnû along with our other brothers of the Wiwa, Napeybu (Kogi) and Kankwamu who guard Umûnûkûnû, Heart of the World, demarcated under the Understanding of the Law of Origin or Linea Negra (Black Line) by Serankwa the Creator; we deliver now the clamor of Umûnûkûnû, the thundering demand of the Mountain:

We address you as our younger brothers, representing different nations who gathered in Poznan, Poland under the framework of the UN Climate Conference to negotiate climate issues. While you the younger brothers continue speaking and making decisions without recognizing the Rights of the Original Peoples and without a harmonious agreement with we the Elder Brothers who are the caretakers and translators of the knowledge of the Mother Earth of Umûnûkûnû and in defense of her, the Creator Serankwa continues and will continue to bring due to you brothers until the debt of destruction of the constitution of the Mother Earth is canceled.

Law that legislates the universe, whose constitution is made of harmony and balance by which Serankwa traverses on the ray of the sun, drawing close and piercing the sky from above to say no more marketing of the Mother Earth much less of the Sky because as the Grandmother Sea charges invoking a second tsunami or Mother Earth itself may call upon Brother Storm to bring global disaster, and so it is Brothers, representatives of different nations, especially the government of Colombia who must respect the Mandate of Serankwa because we the Tayrona Peoples are prepared to educate in the schools and with the University of Mother Earth as Emissaries of Umûnûkûnû that we are, we are ready to cooperate to halt the abyss that you the Younger Brothers are creating through economic and scientific development that is recklessly speeding the end of the world.

We are concerned about the path of destruction being invented by the scientific orientation and so we ask of the present governments: If the second tsunami or third hole appears in the sky, do your scientific advisers have the knowledge to avert this catastrophe?

We believe that your knowledge is that of an infant to respond in this regard, or is it that you understand fully one hundred percent the secrets of the land? Do you control the winds? Do you know the power of the waters? Please respond clearly and effectively to these questions, or if it is you can only present a hypotheses, then please listen, as we are not beings who over speak, much less when the subject is the caretaking of our universe. Be respectful of what you do not know and what you cannot dominate with your rational formulations.

Such is the VOICE of the MAMAS of UMÛNÛKÛNÛ.

Asdrubal Torres

Indigenous rights in a world context

Agenda item – “Analysis of the world context of the recognition of Indigenous rights”

BY THE INDIGENOUS PEOPLES’ CAUCUS OF THE AMERICAS
December 2008

(Photo: Longest Walk northern route at vigil for Leonard Peltier and Native prisoners in Lewisburg, Penn.)

Indigenous peoples face a wide range of urgent human rights issues in all regions of the world, including in the Americas. They continue to suffer serious violations, if not atrocities, that sorely need to be addressed.
We, in the Indigenous Peoples’ Caucus, hear of some of the issues both at the Organization of American States (OAS) and at the United Nations. However, the violations that are described to us in Caucus meetings reflect only a minute fraction of the suffering that is occurring in different parts of the globe. Most Indigenous voices are never heard.
Global support for UN Declaration
In light of this urgent situation, it is important to consider the world context of the recognition of Indigenous rights. A resounding achievement has been the historic adoption of the UN Declaration of the Rights of Indigenous Peoples. As a result, there is a strong feeling of hope among Indigenous peoples from the various regions of the globe. In the Indigenous context, the Declaration is the most comprehensive, universal human rights instrument in the world. It establishes a principled framework for addressing a wide range of human rights issues internationally and within States.
On 13 September 2007, the UN Declaration was overwhelmingly adopted by the General Assembly. Only four States voted against it – Canada, Australia, New Zealand and the United States. No Latin American State, including those in the Caribbean, opposed the adoption of the Declaration.
Two weeks later, the Human Rights Council extended the mandate of the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people. This mandate now includes the promotion of the Declaration in carrying out the Special Rapporteur’s work.
Throughout the world, there is widespread support for the Declaration. The UN Secretary-General has urged that the Declaration must be a “living instrument”. The High Commissioner for Human Rights has repeatedly expressed her support for this “universal” instrument. The African Group of States has indicated its support for implementation of the Declaration. The African Commission on Human and Peoples’ Rights has highlighted that the Declaration will “strengthen the international human rights system … and will support the vital work that the … Commission … is undertaking for the promotion and protection of indigenous peoples rights” in Africa. Similarly, the European Union has emphasized its support.
It is important to note here the role of the Latin American States in realizing the adoption of the Declaration. In particular, the role of Mexico, Peru and Guatemala is acknowledged and deeply appreciated. They took the lead in reaching agreement with the African Group of States and others.
There are 31 UN specialized agencies in the Inter-Agency Support Group on Indigenous Issues that have expressed their favourable response to the Declaration. They are in the process of examining how each of them might implement the Declaration within their respective mandates. These specialized agencies represent a very diverse group that includes, among others: the International Labour Organization, World Health Organization, UNICEF, UNESCO, World Bank, UN Development Programme, World Intellectual Property Organization and UN Environment Programme.
In particular, UNICEF is supporting the translation of the Declaration into 15 indigenous languages. It is also involved in the preparation of “child-friendly” translated versions. This is consistent with the Convention on the Rights of the Child (art. 29), which calls for the education of children to be “directed to the development of respect for human rights”.
In its May 2008 report, the Permanent Forum on Indigenous Issues decided that it would use the Declaration as a “legal framework” for all its work – and the Permanent Forum covers a wide range of subject areas. In October 2008, at its inaugural meeting in Geneva, the Expert Mechanism on the Rights of Indigenous Peoples indicated that it “has an important role in promoting the rights affirmed in the Declaration, and in mainstreaming them into the Human Rights Council's overall efforts to promote and protect all human rights”.
Human rights education and other initiatives
In regard to human rights education, Indigenous peoples and human rights organizations have arranged the publishing of 100,000 pocket-sized copies of the English version of the Declaration. Similarly, 10,000 copies of the French version have been made available. These copies are being distributed in different regions of the world. Mexico and Bolivia have prepared Spanish versions of this human rights instrument.
The United Nations has also published small booklets of the Declaration in all of the UN official languages. Further, symposiums and workshops are being organized in Canada and other parts of the world to further the implementation of the UN Declaration.
This positive momentum globally is highly relevant to the regional context in the Americas. At the previous OAS Special Session for Reflection in November 2007, it was determined that the UN Declaration would be used as “the baseline for negotiations and … a minimum standard” for the draft American Declaration. As both the Chair of this current Special Session and the Indigenous Peoples’ Caucus have emphasized, the draft American Declaration – as a regional instrument – must complement the universal UN Declaration and not undermine it.
Despite all of these positive initiatives to implement the UN Declaration, we must bring to your attention recent regressive actions – especially since two of the States concerned are also OAS member States. Yesterday, at the world meeting on climate change in Poland, the States of Canada, Australia, New Zealand and the United States refused to include any references either to the term “rights” in referring to Indigenous peoples[5] or to the UN Declaration on the Rights of Indigenous Peoples. [6] Indigenous peoples suffer some of the worst impacts as a result of climate change and yet these States continue to act in this substandard manner. Climate change is one of the most serious challenges facing humanity and merits a principled response.
In regard to the UN Declaration, it is worth noting that the Inter-American Court of Human Rights is already making reference to this human rights instrument. The same is true in a recent judgment in Belize by the Chief Justice of its Supreme Court. To date, Bolivia is the only State that has implemented the whole text of the Declaration through its incorporation in domestic legislation.
It is important to remember that, without the collaborative actions of supportive States, we would not have realized the adoption of the UN Declaration. As repeatedly reflected in our Caucus meetings, Indigenous representatives are determined to work closely with OAS States in order to achieve a strong and effective American Declaration on the Rights of Indigenous Peoples.

[1] Adaptado de la presentación oral.

[2] Posterior a la presentación oral en la Sesión Especial de la OEA, se obtuvo información que estos mismos cuatro Estados utilizaron la frase “pueblo indígena” en vez de “pueblos indígenas” con la “s” el cual es un lenguaje aceptado internacionalmente. Ver Victoria Tauli-Corpuz (Directora Ejecutiva de TEBTEBBA y Presidenta del Foro Permanente sobre las Cuestiones Indígenas), Boletín de Prensa “Día Internacional sobre los Derechos Humanos 2008: Un Día Triste para los Pueblos Indígenas”. Polonia, 10 de Diciembre del 2008.

[3] Ver Documento (FCCC/SBSTA/2008/L.23), el cual es la versión final del Borrador de Conlusiones del Item. 5 de la Agenda “reducción de emisiones por deforestación y degradación de los bosques (REDD). Acciones para estimular la acción, de la 29va Sesión del SBSTA (Órgano Subsidiario para Asesoría Científica y Tecnológica).
[4] Adapted from oral presentation.
[5] Subsequent to this presentation at the OAS Special Session, it was learned that these same four States used the phrase “indigenous people” instead of “indigenous peoples” with an “s” which is the internationally accepted language. See Victoria Tauli-Corpuz (Executive Director, TEBTEBBA and Chair, UN Permanent Forum on Indigenous Issues), “International Human Rights Day 2008: A Sad Day for Indigenous Peoples”, Press Statement, Poland, 10 December 2008.
[6] See Document (FCCC/SBSTA/2008/L.23), which is the final version of the Draft Conclusions on Agenda Item 5: Reducing emissions from deforestation in developing countries: approaches to stimulate action, of the 29th Session of Subsidiary Body for Scientific and Technological Advice (SBSTA).

December 24, 2008

Censored News holiday gift, best free software

ree and really cheap: Software and equipment for virus protection and online audio production

By Brenda Norrell
Censored News
http://www.bsnorrell.blogspot/

This holiday season, I'm sending all Censored News readers a special gift, a list of the best free software on the web. After crossing America on the Longest Walk and the Earthcycles radio bus headed home, I began to search out free software for audios.
Before getting started with the free audio software, I want to recommend AVG free anti-virus software. It can save you a great deal of money each year and is recommended by PC magazine. If you're not always online, you will need to make sure you regularly update it, as there are constantly new attacks and new protections released. Free AVG download: http://www.download.com/AVG-Anti-Virus-Free-Edition/3000-2239_4-10320142.html
All the software tips here are for beginners, PC users.
To edit audio, I've been using the free Audacity and it is great for beginners. I use it just to pick out clips and sections of long recordings. It is also a top recommendation of PC magazine. Audacity: http://audacity.sourceforge.net/
One of the great finds, thanks to radio host Robin Carneen at NAMAPAHH radio, was the free Blog Talk Radio. It takes a little practice for beginners, but the switchboard if fairly easy. You will need a talk show host and to upload your own original recordings, but it is a great free source to broadcast a radio show. (The host telephone number to call in to do the show is not an 800 number. There's no 800 number for callin guests either, so regular phone charges apply.) http://www.blogtalkradio.com/
At Earthcycles radio, produced by Govinda Dalton, we use tiny digital voice recorders for interviews, purchased at Radio Shack (Olympus brand for about $85.) The sound quality is excellent and we never ran out of space. Sony also makes a superb digital voice recorder (about $100 at Target) which produces mp3 files. It is good to get the type voice recorder that plugs right into your computer's USB port to transfer the files. You also have to save each audio file individually on most computers.
The sound quality of these tiny recorders is superior to more expensive radio equipment that we tried out during our lengthy broadcasts in 2008.
If you are using a recorder that produces a wav format, you can use Free Rip free software,
to transform the heavy wav to the lighter mp3 (necessary to upload large files at Blog Talk Radio.) http://www.freerip.com/download.php
Now for online calls, there's Skype. I downloaded this many times and removed it before I actually started using it. It was a real lifesaver this week and allowed me to record the Lipan Apache 'No Border Wall' press conference for $1.80. Skype is free for computer to computer calls, but there is a small charge when your computer dials a regular phone (2 cents a minute or unlimited US for $2.95 a month.) Skype is another recommendation of PC magazine. http://www.skype.com/ww.skype.com/
For recording the press conference, I used the 30-day free trial of Callburner, which works great and produces the much needed mp3. http://www.callburner.com/
Callburner is pricey to purchase, so now I'm now searching for a high quality free recorder for phone interviews. Any suggestions?
When I first started out, I needed a place just to "park" huge audio files, so I went to the free Driveway. I discovered it makes widgets also, so those same recordings can play on the web by placing the code on a website. Widgets are just a bunch of code you can stick in the html box of your blog. (It is best to use mp3s for the Firefox brower's playback.) http://www.driveway.com/
If you receive pdf files for your website, and you can't post those, there's free software to switch those to jpegs at Soft Interface: http://www.softinterface.com/Convert-Image-To-PDF/Convert-Tiff-To-PDF.htm
If you are new to computers, it is best to have a friend explain downloads and the danger of viruses, because not all free downloads are safe for your computer. You can open the door to viruses if you are not aware of the dangers.
Also, if you are new to computers, have a friend show you how to clean your computer, by using the delete option under tools (Tools/Internet) to remove cookies and temporary files. If you're a new user, have a friend show you how to run the virus scanner to remove viruses, cookies and spyware.
If your computer is running slow, also run the "defragmenter" on your computer which puts everything back in place. You can usually find it by searching your own computer for "defragmenter."
Finally, if you want to buy a digital camera for about $150, but don't know where to begin, the Canon digital cameras in this price range score high on all consumer reports. (I use the Canon A570, but the Canons in the 900 and 1000 series are said to be even better.) Here's more great cameras recomended at CNET: http://reviews.cnet.com/digital-camera-reviews/?filter=100021_10061970_&tag=centerColumnArea1.0
If you take a large number of digital photos, high quality rechargeable batteries will save you hundreds of dollars each year. To prevent hassles, get a one hour charger and a couple of sets of batteries (about $20 to $30 at discount stores.) I found the Kodak rechargeable excellent, but couldn't find those this time, so now I'm trying out Duracell rechargeables.
After Christmas the big computer chains usually run sales. I bought a great laptop computer, a Compaq Presario, the one I smashed after the Longest Walk, for $399 last December. So check the sales in the local newspaper. Here's five cheap laptops recomended by PC World:
http://www.pcworld.com/article/154358/top_5_netbooks.html
For all the best free software recommended by PC magazine, go to:
http://www.pcmag.com/article2/0,2817,2260070,00.aspmag.com/article2/0,2817,2260070,00.asp
Finally, if you have tips about free or really cheap software or equipment, please e-mail me, brendanorrell@gmail.com
Happy holidays! Brenda
http://www.bsnorrell.blogspot.com/
PHOTO TOP: November 1940. Tehama County, California. John Frost and his daughter listening to the radio in their home. View full size. Medium format safety negative by Russell Lee for the Farm Security Administration.

December 23, 2008

Hopi Chairman Ben Nuvamsa Resigns


Hopi Chairman who fought against Peabody expansion, and for true sovereignty, resigns

By Bill Havens,
Public Information Officer, Office of the Chairman
Photo: Chairman Ben Nuvamsa in a Hopi and Navajo delegaton at Peabody protest in Denver/Photo Mano Cockrum

Kykotsmovi, Arizona – December 22, 2008 – Chairman Benjamin H. Nuvamsa Submits Resignation. After nearly two years of turmoil, conflict, in-fighting, and dysfunctional tribal government, the elected Chairman of the Hopi Tribe, Benjamin H. Nuvamsa, following a regular session of the Hopi Tribal Council, submitted his resignation to be effective December 31, 2008.
Stunned tribal members were in tears.
In the memorandum announcing his resignation, Chairman Nuvamsa cited among the reasons the affect the turmoil of the last two years has had on every member of the Tribe and the impact it has had on his family. He also expressed concern that it has “affected the very meaning of what ‘Hopi’ stands for.”
Collectively the Hopi people have just entered Soyal Muya, a time for a new beginning and the rejuvenation of life, in the annual Hopi ceremonial cycle. “Let us look at this decision as a new beginning,” said Chairman Nuvamsa, “and an opportunity where we can all begin a reconciliation process – a healing process – and work together for a new and healthy year and a brighter future.”
Continued Chairman Nuvamsa, “It was necessary to take this step for the sake of the people – to hopefully end the vicious series of events that have been consuming the Tribe and interfering in the work we are supposed to be doing for the people. They, Todd Honyaoma, Sr., Ivan Sidney and their supporters, would have never stopped until the end of my term. Their entire agenda has revolved around blocking everything I have tried to accomplish and, ultimately, getting me out of office.”
“Our government has been broken for nearly two years,” said Chairman Nuvamsa. “We have been prohibited from making any positive progress with regard to economic development or government reform and we are losing the fight to protect our natural resources. We have not been allowed to do anything for our people for two years. We have not been allowed to work on important issues like the Black Mesa Project Environmental Impact Study, water rights, land issues, increasing revenue, and important social and health issues.”
“Over the last two years we have seen a systematic dismantling of our government,” said Chairman Nuvamsa. “They have destroyed the Hopi Court system by ‘suspending’ the Appellate Court Justices to protect themselves from rulings unfavorable to their agenda. They have defied the Hopi Constitution and have interfered in the peoples’ right to have their votes count, and they have transferred the authorities of the Chairman over to the Office of the Vice Chairman.”
“In spite of their obstructionist tactics,” said Nuvamsa, “we have made some accomplishments. We were able to secure funding for an elderly facility and helped with the funding for Moencopi Development Corporation’s projects. We were also able to restructure our investments so we were making money instead of losing it.”
“We also stood up for the preservation of the Hopi and Tewa people’s right to control the exploitation of our natural resources,” said Chairman Nuvamsa. “By fighting against the Office of Surface Mining’s last minute efforts to push through the Peabody life-of-mine permit before the end of the Bush administration, even though it appears on the surface that we lost, we fought for the sovereignty of the Hopi Nation and for the principle of the right of all sovereign Indian nations to control their own resources and to determine how and when they are sold. We will continue this fight even after we leave office.”
Chairman Nuvamsa continued, “Since my election in the special election that followed the removal of Chairman Ivan Sidney after his widely publicized intoxication incident in Winslow, I have been the target of a small majority of the Tribal Council who have been determined to make my removal the only item on their agenda. Most recently I have been accused of disrespecting our traditional leaders. Nothing can be farther from the truth.”
“In fact,” continued Nuvamsa, “the real disrespect for our traditional religious leaders comes from dragging them into the political arena. Our religious practitioners walk a thin line. It is said they walk on a razor’s edge and they must maintain their focus on their religious duties or they will fall. Bringing them into the political battles is a serious distraction from their spiritual responsibilities that threatens the balance and harmony they are responsible for maintaining for the good of all mankind.”
The spearhead of the attacks on Chairman Nuvamsa has been Todd Honyaoma, Sr., the Vice Chairman that publicly “stepped down” from office in February 2008 but has since refused to vacate his office. Faced with rulings by the Hopi Appellate Court that those opposed to Chairman Nuvamsa’s leadership didn’t like, Honyaoma recently “suspended” the entire panel of Appellate Court Justices. Honyaoma recently promised the people that he would resign, also effective December 31, 2008.
Said Chairman Nuvamsa in his resignation memorandum, “I now challenge Todd Honyaoma, Sr., to do the honorable thing and honor his word and promise he made to the people on two separate occasions to ‘step down’ on December 31, 2008…To the members of the tribal council and other key officials of the tribe, I also challenge you to look within yourselves and ask yourselves why you sit on the tribal council and why you work for the Hopi Tribe. As leaders, we must honor our word to our people and be accountable…because it is the people we serve. We are their servants.”
“We will see if he keeps his promise,” said Chairman Nuvamsa about Honyaoma’s promise to resign.”
“Without an appellate court,” said Nuvamsa, “there is no justice. There is no right to appeal. Corruption goes unquestioned. What results is a dictatorship.”
Chairman Nuvamsa has also been under almost constant attack from the current “acting” Chief Prosecutor, Jeffrey Porturica, who has been maliciously issuing arrest warrants, seemingly as fast as he can prepare them, based on questionable charges in an apparent attempt to harass Chairman Nuvamsa and to keep him from presiding over Tribal Council meetings. Porturica assumed the position of “acting” Chief Prosecutor when the real Chief Prosecutor, Dorma Sahneyah, was fired from her position allegedly for sharing confidential information with the press. Porturica does not have a law degree. Sahneyah, a licensed attorney, had prepared a simple statement for the press in a high-profile case that Sahneyah says did not reveal any privileged or confidential information. It is common practice for prosecutors’ offices to prepare such statements when they anticipate a high volume of calls from the press on a particular case.
If Honyaoma follows through on his promise to resign, there will be no Chairman and no Vice Chairman. Though the Hopi Constitution mandates an election when vacancies occur in these offices, the same individuals that have been targeting Chairman Nuvamsa for removal are preparing to place the Tribe’s Secretary, Mary Felter, in the top position. Felter is very unpopular among many Hopi and Tewa people and is seen by many as a behind-the-scenes manipulative force with aspirations for power.
More recently emerging forces in the efforts to remove Chairman Nuvamsa are First Mesa Representative Dale Sinquah and Ivan Sidney, the former Chairman who’s removal prompted the special election that put Chairman Nuvamsa into office. Sidney was hired by Honyaoma a few months ago as his top staff member.
“It appears that their main goal is to get rid of me. The result has been a collapse of our government, the destruction of our court system and, thus, the violation of our citizens’ civil rights, and the tearing apart of our community and families. By taking myself out of the equation,” said Nuvamsa, “I’m hoping that we can begin the long healing process and the stabilization of our government.”
Concluded Chairman Nuvamsa, “I pray that the people will understand that this appears to be the only way to stop the pain and tears that our people have been experiencing for the last two years. I want to thank you, the people, for your faith in me. Now I must have faith in you to take back your government and rebuild it as a government that truly works for you, the Hopi and Tewa people, a truly representative form of government.”