International Human Rights Day: Sad Day for Indigenous Peoples

INTERNATIONAL HUMAN RIGHTS DAY 2008: A SAD DAY FOR INDIGENOUS PEOPLES

Victoria Tauli-Corpuz
Executive Director, TEBTEBBA (Indigenous Peoples' International Centre for Policy Research and Education)
Chair, UN Permanent Forum on Indigenous Issues
December 10, 2008

It is with great sadness that today, the 60th Anniversary of the adoption of the UN Declaration on Human Rights, some States have denied indigenous peoples of their rights at the 14th Conference of Parties of the UNFCCC.

This morning indigenous peoples were shocked to see 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). This Document (FCCC/SBSTA/2008/L.23) removed any references to rights of indigenous peoples and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This move was spearheaded by the same States (Australia, Canada, New Zealand and the USA) which voted against the adoption of the UNDRIP by the UN General Assembly last 13 Sept. 2008.

Furthermore, these same states used the phrase “indigenous people” instead of “indigenous peoples” with an “s” which is the internationally accepted language. The international human rights instrument on indigenous peoples' rights, the UN Declaration on the Rights of Indigenous Peoples, which was adopted by 144 member-states of the UN, uses Indigenous Peoples. This was a battle fought by indigenous peoples for more than 30 years within the United Nations. The “s” in peoples means that indigenous peoples have the right to self-determination (Article 3, UNDRIP) and have collective rights. The UNDRIP is an interpretation of how the existing Human Rights Covenants apply to indigenous peoples considering the historical and present injustices they are suffering from.

Witnessing the way indigenous peoples rights are undermined by the very States who took the lead in formulating and adopting the UN Declaration on Human Rights, 60 years ago, is a tragic thing.. These States are very keen to include REDD as part of the agreement on mitigation which will be agreed upon during the 15th Conference of Parties in Copenhagen which will be held in 2009. However, they obstinately refuse to recognize the rights of indigenous peoples and other forest peoples, who are the ones who sacrificed life and limb to keep the world's remaining tropical and sub-tropical rainforests.

I call upon these States to reconsider their positions and move towards recognizing indigenous peoples' rights, as contained in the UNDRIP, as a framework for the design and implementation of REDD I earnestly wish to see States and the UN system implement effectively the UNDRIP as stated in Article 42. The Declaration has to be implemented in all arenas, whether at the local and national level and at the global level, including by the UN Framework Convention on Climate Change and its protocols.

I congratulate the Parties who insisted that the language of rights and the UN Declaration on the Rights of Indigenous Peoples remain in the draft conclusions. I know they fought hard for these and I certainly hope they will continue to do this in the future negotiations. Indigenous peoples will continue to oppose the REDD mechanisms if their rights are not recognized by States and the UN, including the UNFCCC and the World Bank. They are very vulnerable to the adverse impacts of climate change, but they are also providing the solutions to climate change. Their traditional knowledge on forests and biodiversity is crucial for the methodological issues being tackled under REDD. Their participation in designing, implementing, monitoring and evaluating REDD policies and proposals has to be ensured. Their free, prior and informed consent has to be obtained before any REDD mechanism is put into place in their territories. It is their right to decide whether to accept REDD or not.

I welcome paragraph 6 of the Draft Decision which calls for an Expert meeting on REDD before the 30th SBSTA session. This Expert meeting should be used to go more deeply into the methodological issues relevant for indigenous peoples. However, it should also be linked with the policy issues which will be discussed under the Ad-Hoc Working Group on Long-Term Cooperative Action (AWG-LCA). Enhanced policies and measures for REDD should be linked with methodologies proposed by the SBSTA. Indigenous peoples participation in this Expert Group meeting was acknowledged in the Draft Decision and it is my hope that this is implemented.

I call on the Ministers who will be speaking before the High-Level Ministerial Segment to reiterate the importance of recognizing and implementing the UNDRIP in REDD decisions and mechanisms. I call on the Ministers to pledge more financial and technical support for indigenous peoples to be able to contribute more substantially to mitigation efforts.

I urge indigenous peoples to continue being vigilant and active in influencing and monitoring the climate change negotiations, policies and programmes at the national and global levels. We have to use the UN Declaration on the Rights of Indigenous Peoples as an instrument which will ensure our survival and dignity especially in the face of the multiple crisis the world faces. The climate change crisis, the economic downturn and the destruction of biodiversity and cultural diversity are serious threats to our continuing existence. But if we strongly unite amongst ourselves, with other civil society organizations, with States who are willing to do all they can to genuinely address these, then there is hope for the earth and the future generations.

There is no choice left for us but to continue contributing what we can to help bring down greenhouse gas emissions, to strengthen our values and systems which are respectful of nature, to assert our rights contained in the UNDRIP and to be in solidarity with the most vulnerable sections of society. We should continue practicing our low-carbon and sustainable traditional livelihoods. At the same time we should demand that resources be made available for us to adapt to climate change.

I reiterate the imperative for the Annex 1 countries to carry the heavier burden of mitigating climate change. As these are the countries which have mainly caused climate change, it is just fair that they be the ones to lead the way. Meeting their legally binding targets for reducing their greenhouse gas emission is the main path towards mitigation. REDD, if properly designed and implemented can still contribute to mitigation. However, I believe that forests should not be used as carbon offsets for Annex 1 countries. Thus, emissions trading of forest carbon may not be the right approach. Rewards, both monetary and non-monetary, to indigenous peoples and other forest peoples for protecting the forests may be a better track to take.

Let it not be said that the richest and most powerful reneged on their duty to save this world and to respect the rights of those who have contributed the most to mitigating climate change.

Thank you.
Contact: Victoria Tauli-Corpuz, email: vicky@tebtebba.org
mobile: +63-9175317811
www.tebtebba.org

Algonquin Chief imprisoned for peaceful protest

Wednesday, December 10, 2008
Quebec judge imprisons Algonquin Chief for two months for peaceful protest: Crown asks for one year to send "clear message" to impoverished community
From Barriere Lake Community

Photo by Lia Tarachansky
French translation

Kitiganik/Rapid Lake, Algonquin Territory -- On Thursday December 4th a Quebec judge sentenced Barriere Lake Acting Chief Benjamin Nottaway to forty-five days in jail, in addition to fifteen already served in pre-trial detention, for participating in peaceful blockades intended to draw attention to violations of Barriere Lake's rights by the Canadian and Quebec governments.

Barriere Lake has been demanding that Canada and Quebec honour signed agreements and that Canada appoint an observer to witness and respect the outcome of a new leadership selection in accordance with Barriere Lake's Customary Governance Code.

"It's shameful that the government of Quebec would rather throw me in jail than fulfill their legal obligations by implementing signed agreements," said Acting Chief Nottaway, a father of six who passed his twenty-eighth birthday in jail last Thursday. "Meanwhile, the Government of Canada continues to interfere in our internal affairs while trying to wash its hands of responsibility for this situation."

Nottaway was charged with three counts of mischief and breach of conditions stemming from March blockades on Barriere Lake's access road and a November blockade on highway 117 outside the community's reserve in Northern Quebec. Another blockade in October was violently dismantled by Quebec riot police, who used tear-gas on a crowd that included Elders, youth, and children. More than 40 members of the community of 450 have been charged for these actions.

"Quebec has now joined the company of Ontario, which put the leaders of Kitchenuhmaykoosib Inninuwug (KI) First Nation and Ardoch Algonquin First Nation behind bars for peaceful protest. It seems like the provinces' preferred method for dealing with our rights is to use the police and the courts to punish us until we forget about them," said Marylynn Poucachiche, a community spokesperson who was arrested during the November blockade.

Crown Attorney France Deschamps asked Judge Jules Barriere for a sentence of 12 months, saying a "clear message" was required "to make sure Nottaway has no desire to do this again, and to discourage the group – because his supporters are waiting to hear what happens here." Judge Barriere noted that the Crown's request was "partly illegal," as 6 months is the maximum possible sentence for summary convictions. But he agreed with Deschamps that a prison sentence was necessary, saying it was "important to pass a clear message to the community."

"The only message the Canadian and Quebec governments are sending is that they are willing to criminalize our community and split apart our families in order to avoid implementing precedent-setting agreements and respecting our leadership customs," added Nottaway.

Barriere Lake wants Canada and Quebec to uphold signed agreements, dating back to the 1991 Trilateral Agreement, a landmark sustainable development and resource co-management agreement praised by the United Nations and the Royal Commission on Aboriginal Peoples. Canada has been in breach of the agreement since 2001. Quebec signed a complementary Bilateral agreement in 1998, but has stalled despite the 2006 recommendations of two former Quebec Cabinet Ministers, Quebec special representative John Ciaccia and Barriere Lake special representative Clifford Lincoln, that the agreement be implemented.

On March 10th, 2008, the Canadian government rescinded recognition of Acting Chief Benjamin Nottaway and his Council and recognized individuals from a minority faction whom the Barriere Lake Elder's Council says were not selected in accordance with their Customary Governance Code. On March 2nd and 3rd, community members had set up blockades on their access road to prevent members of this minority faction from entering the reservation, anticipating the Canadian government would try to illegally interfere in Barriere Lake's internal customary governance for the third time in 12 years.

In 2007, Quebec Superior Court Judge Rejean Paul issued a report that concluded that the current faction recognized by the federal government was a "small minority" that "didn't respect the Customary Governance Code" in an alleged leadership selection in 2006 [1]. The federal government recognized this minority faction after they conducted another alleged leadership selection in January 2008, even though an observer's report the government relied on stated there was no "guarantee" that the Customary Governance Code was respected [2].

The Algonquin Nation Secretariat, the Tribal Council representing three Algonquin communities including Barriere Lake, continues to recognize and work with Customary Chief Benjamin Nottaway and his Council.
Media Contacts:
Norman Matchewan, Barriere Lake spokesperson: 819 – 435 – 2171
Marylynn Poucachiche, Barriere Lake spokesperson: 819 - 435 - 2113
Notes
[1] http://web.resist.ca/~barrierelakesolidarity/resources/Rapport_du_Juge_Paul-versionANGLAISEcomplete.doc, pg 26-27
[2] http://web.resist.ca/~barrierelakesolidarity/resources/Riel_Translation_Letter_2.doc , pg 2
Collectif de Solidarité Lac Barrière
*******************************************
www.solidaritelacbarriere.blogspot.com
barrierelakesolidarity@gmail.com
514.398.7432

Hopi Chairman Ben Nuvamsa takes lead to halt Peabody

Photo 1: Hopi Chairman Ben Nuvamsa in Denver protest. Photo 2: Kevin Nash, Hopi, tells OSM officials about how their decision on the "Black Mesa Project" will tear apart every aspect of his life ad his peoples' lives far into the future. Elder Anna Silas, Hopi, listens near by, while Hopi Tribal Chairman Ben Nuvamsa (seated) supports Racheal Povatah, Hopi. Photo 3: Denver banner. Courtesy photos.

Hopi and Navajo united in Denver to halt Peabody's genocide and desecration

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

DENVER -- Hopis and Navajos spoke out in solidarity to oppose a new life-of-mine permit on Black Mesa for the longstanding genocidal corporation Peabody Coal. Speaking out during a panel on Dec. 7 and then protesting outside the Office of Surface Mining in downtown Denver on Dec. 8, Hopi and Navajo said their water is too precious to be used again for water slurry.

Navajo and Hopi are opposing the permit for Peabody Coal, which would extract enormous amounts of aquifer water and could mean more forced relocation of Navajos.

A delegation of 35 Navajo and Hopi tribal members, including Hopi Tribal Chairman Ben Nuvamsa, met with the U.S. Office of Surface Mining at their Denver headquarters in hopes of delaying OSM's Record of Decision until the next Presidential Administration takes office.

The Record of Decision is the final stage of the permitting process for the proposed "Black Mesa Project," which would grant Peabody Coal Company a life-of-mine" permit-- expanded mining operations and rights to tap the fresh water of the Navajo aquifer.

For three hours the Navajo and Hopi representatives met with OSM officials and presented documents and petitions ratified by their communities that urge OSM to suspend their decision, the Hopi and Navajo delegation said in a statement.

Their unified statement read, "Although we represent two different tribes, we come today united to protect our shared land and water. Water is the life source to both our peoples, and Peabody has failed to understand this connection. If the Office of Surface Mining grants a permit to Peabody, our way of life and spiritual balance will be severely disrupted and altered. Currently, we are already suffering the damage this industry has caused over the past 30 years. We believe OSM has been negligent in fulfilling the NEPA process, and if OSM issues a Record of Decision, that would be a breach of the Federal Trust Responsibility. United we ask the Office of Surface Mining to stop the Record of Decision process."

OSM Western Regional Director Al Klein stated, "The Environmental Impact Statement process is finalized, the decision before us is very minor, and we are on track to release it on Dec. 15."

The tribal representatives expressed the weight of this decision and that it is not a "minor" decision. They also gave testimony to the many aspects of their life, culture, and spirituality that would be severely impacted if the project was approved. Gordon Isaac, a Navajo tribal member and veteran of the Gulf War told the officials, "Peabody is not just digging into topsoil. They are tearing into people's lifeways."

While most of the delegation was inside meeting with OSM officials, 60 local supporters accompanied the rest of the Navajo and Hopi delegation outside to rally, protest, and show support, including dropping a 10ft by 16ft banner from a nearby parking garage that read, "Navajo & Hopi Say NO COAL MINING!" Support was not only outside of the building. OSM's telephone and fax lines were bombarded with calls of support and written requests to postpone the ROD from across the country.

After listening to three hours of emotional testimony, OSM was asked if they would simply consider suspending the record of decision. Director Klein replied, "We have a set of regulations, and when a company puts on paper in their application how they will fulfill the requirements, we do not have discretion. We have to grant them a permit ... At this point we will not be changing the calender of events on this decision."

This decision comes in the midst of Hopi political turmoil. Chairman Nuvamsa came to represent the Hopi and Tewa people in the battle to protect the water and lands from further coal mining in Black Mesa, AZ. "Due to lack of representation on the Hopi Tribal Council, the Village of Tewa was never afforded the opportunity to participate in any discussion of the Draft EIS as it applies to Hopi people and land," stated Chairman Nuvamsa.

"Hopis believe that this time of year is a very sacred and sensitive time that prevents us from stepping outside our home area, because it's the time of renewal for all life. We are taught not to be disruptive and confrontational during this time. It is such a big sacrifice for us to be here in Denver, but OSM continues to release critical decisions during this time; so many of our people have not been able to to voice their grave concerns about this Black Mesa Project. We feel an obligation to our families, clans, and future, so we have come here despite our cultural restrictions." says Racheal Povatah, a Hopi tribal member.

Speaking on a panel before the protest on Sunday, Wahleah Johns, Navajo from Forest Lake, Arizona, with the Black Mesa Water Coalition, said she comes from the area, close to the Peabody Coal operations. Read about it, and listen to Johns, John and Leonard Benally of Big Mountain at:
http://bsnorrell.blogspot.com/2008/12/navajos-and-hopis-protest-peabody-coal.html

Indigenous Peoples slammed at UN Climate Summit in Poland

INDIGENOUS PEOPLES, LOCAL COMMUNITIES AND NGOs OUTRAGED AT THE REMOVAL OF RIGHTS FROM UNFCCC DECISION ON REDD
We, the undersigned representatives of indigenous peoples, local communities and non-governmental organizations monitoring the progress of negotiations in Poznan are outraged that the United States, Canada, Australia and New Zealand opposed the inclusion of recognition of the rights of indigenous peoples and local communities in a decision on REDD (Reduced Emissions from Deforestation and Forest Degradation) drafted today by government delegates at the UN Climate Conference. These four countries (often known as the 'CANZUS Group') want to include REDD in the future climate agreement, but they oppose protecting the rights of the indigenous and forest peoples who will be directly affected by REDD measures. In discussions today, these countries insisted that the word "rights" and references to the UN Declaration on the Rights of Indigenous Peoples be struck from the text.
This is totally unacceptable for indigenous peoples, local communities and supporting NGOs, as the forests which are being targeted for REDD are those which indigenous peoples have sustained and protected for thousands of years. The rights of forests peoples to continue playing this role and being rewarded for doing so has to be recognized by the UNFCCC Parties. Any REDD mechanism that does not respect and protect the rights of indigenous peoples and local communities will fail. We therefore demand that an unequivocal reference to rights and to the UN Declaration on the Rights of Indigenous Peoples be reinserted into the Draft COP14 Decision text on REDD.
Poznan, December 9, 2008, Signed by The Accra Caucus on Forests and Climate Change, comprised of more than 30 civil society organizations from three tropical continents, Accion Ecologica, Friends of the Earth, International Indigenous Peoples' Forum on Climate Change, Rainforest Foundation Norway, Rainforest Foundation, UKTebtebba Foundation

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Tar Sands Sign-On Letter

To: All NGO and Indigenous Organizations

From the Indigenous Environmental Network
From: Organizations at the Poznan Climate ConferenceRe: Visit of Rob Renner, Alberta Environment Minister to Poznan Climate Conference
Alberta Environment Minister Rob Renner is visiting the United Nations Climate Conference in Poznan Poland in order to promote and defend the tar sands – the world's dirtiest oil.
Click Here to download sign-on letter (PDF). We are seeking ORGANIZATIONAL endorsements – not individual endorsements.
Please provide us with (a) the name of your organization; (b) contact person; (c) e-mail; and (d) telephone number Please send this information to Montana Burgess: mburgess@climateactionnetwork.ca
DEADLINE FOR ENDORSEMENT IS WEDNESDAY DECEMBER 10 20:00 HRS (POZNAN TIME)
The letter will be released to media in Poznan; Canada; and United States on the morning of Thursday December 11, 2008. A brief media advisory will be attached to the letter.