United Nations Permanent Forum on Indigenous Issues (Day 7, 8)

United Nations Permanent Forum on Indigenous Issues
Fifth Session

Tuesday, May 16, and Wednesday, May 17, 2006




Tuesday morning, a closed session was held which gave delegates the opportunity to attend side events and relax. The afternoon agenda continued with items from Monday morning’s session. Despite the half-day of open meetings, over 20 indigenous organizations, States and NGOs made statements.

|| Overview of the Permanent Forum ||

Under data collection, Mr. Jason Field made a joint statement on behalf of the indigenous peoples organizations of Australia. In their intervention, they expressed concern regarding the "slow progress" in the collection of data on indigenous people, specifically data that goes beyond the production of individual statistics. It was stated that data should also be collected on "social, cultural, economic, and political identities as peoples." They stressed the need for indigenous peoples to participate in and contribute to programme formulation and to be an integral partner in the implementation of such data collection.

The Australian indigenous organizations highlighted some current work in their country around data collection. They reported that all Australian governments have committed to using a common framework called the "overcoming indigenous disadvantage framework" to produce a regular report. The purpose of the framework is to "provide and overview of indigenous social and economic status within a holistic, integrated framework." Although a positive step forward in data collection, they pointed out that the lack of benchmarks and targets, coupled with lack of capacity within indigenous communities to effectively participate, provides room for improvement.

|| Myron Lameman ||
Making a statement on behalf of the Knowledgeable Aboriginal Youth Association

Along with recommending the development of a "practical toolkit" for organizations and governments working with indigenous peoples, they stressed the need for a specific targets and indicators. In the statement made on behalf of the Inuit Circumpolar Conference and Saami Council, they also recommended the Permanent Forum to "identify indicators relevant to indigenous peoples poverty and well-being" and also included traditional knowledge and biodiversity as a means of monitoring process in the achievement of the MDGs and the Convention on Biological Diversity. To read the entirety of both statements, please download them from the DoCip website.

Under agenda item 4, Victor Magque made an statement on behalf of the Indigenous Youth Caucus. He briefly discussed the International Indigenous Youth Conference (IIYC) held in 2005 in Vancouver, British Columbia. At this gathering, the Declaration of the Second International Indigenous Youth Conference document was drafted by over 185 indigenous youth from around the world. During the intervention, it was stressed that continued loss of history and heritage due to assimilation contributes to the discrimination that indigenous youth experience. To that end, the Indigenous Youth Caucus recommended that States uphold "promises made that quality education be made possible in mother tongue," collecting and making available disaggregated data on and for indigenous youth, and making available all official state and UN documents in indigenous languages. The statement closed by stressed that the continued loss of history and culture of indigenous peoples should not be something that the world learns about or takes action regarding the current issues indigenous peoples are facing after these cultures become extinct.

|| Ms. Beverly Jacobs ||

At the close of Tuesday’s session, a statement was made by Ms. Beverly Jacobs, Haudenosaunenee negotiator, regarding the current situation occurring in the Six Nations Grand Territory in Canada. Ms. Jacobs gave a brief outline of the history between the Six Nations and the Crown as it related to land rights. She named several treaties that have been broken by the Crown in her statement and discussed the continued encroachment by squatters and others on Six Nations land.

She then outlined the most recent events occurring in the territory beginning with the February 28, 2006, peaceful protest by members of the Six Nations regarding the development of a piece of land close to the community boundaries. On April 20, the OPP raided the lands and 16 individuals had criminal charges placed against them for trying to bring attention to the unresolved land issues. As she stated, "many youth, elders, women, and men were tazered, brutalized, kicked, pepper sprayed, and punched" during the interaction with the police. Following this, members of the Six Nations removed the OPP from the lands and blockaded the roads and railroads surround the property. She proceeded to inform the Permanent Forum and delegates about the responses from Caledonia residents regarding the blockade and proceeding negotiations between the Six Nations and the Canadian government. She formally requested that the Permanent Forum meet with the Canadian government to "demand a peaceful and fair resolution to the crisis at Six Nations and Caledonia" and to "meet with the Canadian Ambassador to the United Nations as soon as possible to address peaceful and fair resolution to this crisis." For her full statement, please download off the DoCip website.

At the close of Tuesday’s session, Ms. Tauli-Corpuz, briefly talked about the participation of young people in the Permanent Forum and other UN fora. She stressed that it is important that more young people get involved in the work of the PF and recommended to governments and indigenous organizations to sponsor the participation of young people. She also said that she welcomed a special side event where the issue of young people addressed at future meetings.

Wednesday, May 24, 2006

|| Looking at the Speaker’s List ||

On Wednesday morning, closed sessions were held. During the afternoon, statements continued to be made under Agenda items c) indigenous children, youth (2003) and women (2004); b) data collection (2004); and e) free, prior and informed consent (2004). Statements were also made under agenda item a) discussion of the analytical paper, with a concise compilation of the recommendations of the first three sessions of the Forum and the status of their implementation at the national, regional, and international levels and g) the Second International Decade of the World’s Indigenous People. During the afternoon session, over 35 statements were made by indigenous organizations and NGOs.

A collective statement was made by Ms. Hilda Lini, Vanuatu Indigenous Peoples Forum on behalf of the Indigenous Peoples Caucus at the UN Commission on Sustainable Development, Indigenous Environmental Network, Tebtebba Foundation, International Indian Treaty Council, and the Indigenous Information Network regarding the UN Commission on Sustainable Development (CSD) established by the UN General Assembly in 1992. The purpose of the CSD is to review progress in the "implementation of Agenda 21 and the Rio Declaration on Environment and Development; as well as providing policy guidance to follow up the Johannesburg Plan of Implementation (JPOI) at the local, national, regional and international levels." As the high-level form for sustainable development within the UN system, the CSD meets every other year in New York. Currently, the CSD is "discussing issues of Climate Change, Atmospheric Pollution, Industrial Development and Sustainable Energy – all issues of high importance for Indigenous Issues."

|| Indigenous Youth from Hawaii ||

Indigenous peoples have been participating in the CSD meetings, however, the overall numbers have been small. Ms. Lini stated that the Indigenous Peoples' caucus has never had more than 10 individuals participate during each gathering. This has been due to limited funding for indigenous peoples to attend the meeting. To that end, two major recommendations were made that the "mandate and coverage of the UN Voluntary Fund for Indigenous Peoples, be expanded to include indigenous peoples’ participation in the meetings of the UN Commission on Sustainable Development, in line with ensuring the respect for indigenous peoples' rights in the mainstream discussion and negotiations on the implementation of Agenda 21, the Johannesburg Plan of Implementation (JPOI) and the Millennium Development Goals." It was also recommended that the Permanent Forum "strengthen linkages/relations with the [UNCSD], inter-alia, by mutual attendance by Bureau members and statements in their annual meetings; enhanced cooperation between Secretariats of the UNCSD and the UNPFII."

Mr. Wendell Nicolas form the Maliset Nation of Tobique, also made a statement under Agenda item 4g regarding indigenous peoples and disabilities. He is a member of the newly formed International Caucus for Indigenous Peoples with disabilities whose focus is to address the condition of indigenous peoples with disabilities face and to improve their livelihoods. The caucus is made up of indigenous peoples from both developed and developing countries. He pointed out that indigenous peoples with disabilities are as high as 30-40 percent of the population in some jurisdictions.

In addition to recommending that a link must be built between the Draft Declaration on the Rights of Indigenous peoples and the development of the Draft UN Convention on the Rights of Peoples with Disabilities as it pertains to indigenous peoples, he also recommended indigenous peoples with disabilities "seek to further elaborate their rights in the Draft Convention on the Rights of Peoples with Disabilities as Indigenous peoples…" and that further work of the Permanent Forum "include a specific agenda item concerning the situation of Indigenous Peoples with Disabilities as a part of each year of the Second International Decade of the Worlds Indigenous Peoples." Please read the full statement for all recommendations.

|| Indigenous Youth Caucus ||

The Indigenous Youth Caucus made a statement on Wednesday regarding future work of the Permanent Forum and made several recommendations including the development of a specific agenda for indigenous youth within the annual meeting which includes a preparatory workshop, reception and side event; the allocation of fund to support these activities as well as projects/activities of the Permanent Forum youth group and the assignment of a dedicated staff member of the Permanent Forum to help coordinate and provide support services to these activities. They also requested financial support from UN agencies, NGOs, and governments for youth people to attend the Permanent Forum as well as other international indigenous youth initiatives globally. They closed by requesting that the Permanent Forum also allocate a seat on the UNPFII for a young person as a way to both recognize and affirm the contributions of young people to the Permanent Forum. For the full statement, please click here.

All statements from Tuesday’s and Wednesday’s session can be downloaded from the DoCip website.

United Nations Permanent Forum on Indigenous Issues (Day 6)

United Nations Permanent Forum on Indigenous Issues
Fifth Session

Day 6
Monday, May 21, 2006



|| Looking at the faces of our Future ||
Akha youth, Indigenous Peoples from Northern Thailand

On Monday morning, Item 4 of the Agenda was addressed which included b) human rights, with a special emphasis on an interactive dialogue with the Special Rapporteur of the Commission on Human Rights on the situation of the human rights and fundamental freedoms of indigenous people; c) indigenous children, youth (2003) and women (2004, d) data collection; and e) free, prior and informed consent. Over 40 indigenous organizations, NGOs and States made interventions throughout the day. All statements are available on the DoCip website.

|| Mr. Zong Kang Yang ||
Intervention by World Hmong People's Congress

The Office of the High Commissioner for Human Rights statement, read by Julian Berger, UN expert, highlighted some of the work that the OHCHR has been involved with during the past year. He made specific reference to a document that the OHCHR prepared for the 62nd Commission on Human Rights (E/CN.4/2006/77 is available on the OHCHR under Item 15 – Indigenous Issues), which reported on a number of indigenous related issues. These included, Special Rappoteurs on the contemporary forms of racism, right to food, right to adequate housing, right to education, right to health. Also addressed in this report is the independence of judges and lawyers, torture and other cruel, inhuman and degrading treatment or punishment, violence against women, and toxic waste. Please visit the UNOHCHR website to download this report.

In his statement, he briefly touched upon the work of the Treaty Bodies and emphasized that they have been paying “particular attention to indigenous peoples rights.” Of particular note is his reference to the 35th session of the Committee on Economic, Social and Cultural Rights where General Comment No. 17 was adopted. General Comment No. 17 deals with the "right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author". Mr. Berger indicated that there are particular references to indigenous peoples. For further information on General Comment No. 17, please visit the Committee on Economic, Social and Culture rights website indicated previously.

In his closing remarks, Mr. Berger also addressed concerns expressed by indigenous peoples regarding the Working Group on Indigenous Populations scheduled to meet at the end of July. Concerns have been raised by indigenous peoples worldwide regarding future work on the Draft Declaration on the Rights of Indigenous Peoples. He reminded delegates that the General Assembly resolution that established the Human Rights Council (60/251 of 15 March 2006) states, "that the Councils will assume responsibility for all mandates, mechanisms and functions as of 19 June 2006 when it will hold its first session and will review them within one year in order to maintain a system of expert advice." However, he could not confirm whether the WGIP will meet in July or not and further stated that the Office would not be able to "give guidance regarding the draft declaration." Mr. Berger’s full statement can be downloaded on the DoCip website.

|| Ms. Jennifer Awingan ||
Intervention by Asia Pacific Youth Network

Also on Monday morning, Ms. Tonya Gonnella Frichner read a statement on behalf of the Global Indigenous Caucus that addressed the establishment of the new Human Rights Council and it’s "effect on the ability of the Indigenous Peoples and Nations to redress and vindicate the violations of our human rights within the UN system." The Caucus expressed concern regarding the HRC because of the lack of clarity surrounding the agenda, structure and process of the new body as well as mechanisms that will ensure the participation of indigenous peoples as well as how the concerns of indigenous peoples will be addressed. The Caucus outlined a number of recommendations, starting out by stating that the "Human Rights of Indigenous Peoples continue to be a distinct, ongoing agenda item within the agenda that is established by the new Human Rights Council." Please download the entire statement to read the rest of the recommendations made by the Caucus.

|| Mr. Lent Lebsock ||
American Indian Law Alliance

Kent Lebsock, Executive Director of the American Indian Law Alliance read a joint statement on behalf of AILA, the Seventh Generation Fund, Tonatierra, Maya Vision, and Tatanka Oyate. This statement dealt directly with the Draft Declaration on the Rights of Indigenous Peoples and the Chairman’s Text, specifically recommended changes for the Chairman’s Text on Article 3bis and Article 45. It was expressed that there were concerns raised by legal experts and constituencies regarding the Chairman’s text as it stands, thus the request for "minor" changes. '

Regarding Article 3b, it was suggested that the text of this article be changed to;

"Indigenous peoples, in exercising their right to self-determination, have the right inter alia, to self-government in matters related to their internal and local affairs, as well as ways and means for financing its functions."

What does inter alia mean? Inter alia is Latin for "among other things." As Mr. Lebsock explained, the right to self-determination as proclaimed in the Charter has "never been limited to internal and local affairs in a human rights instrument, and cannot now be limited in the Declaration without discriminating against us as indigenous peoples." In other words, their concern is that the Chairman’s Text as it stands has a legal inaccuracy could limit indigenous peoples’ right to self determination to "internal and local." For example, he explains that indigenous peoples currently represent their interests in a number of international for a including the United Nations.

Suggested changes were also made to Article 45, to include:

"Nothing in this Declaration maybe interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations;

In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declartion shall be subject only to such limitations as are determined by law, and are in accordance with international human rights [obligations]standards. Furthermore, any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and compelling requirements of a democratic society conducting itself in accordance with international standards of good governance. "

As Mr. Lebsock explained, the Declaration should provide a progressive framework for the rights of indigenous peoples but should not stop any existing obligations. Further, any limitations placed on the rights of indigenous peoples would be contrary to existing international human rights law and good governance standards. The statement was closed by urging the adoption of the Draft Declaration on the Rights of Indigenous Peoples.

|| Mr. Adelard Blackman ||
Intervention by Buffalo River Dene Nation

Ashley Iserhoff, Deputy Grand Chief of the Grand Council of the Crees (Eeyou Istchee), from James Bay, Québec, Canada, also made an intervention addressing the UN Draft Declaration on the Rights of Indigenous Peoples and the MDGs. Over seventy-five Indigenous Nations and organizations from around the globe were a part of the collective statement. The statement urged the States to support the “latest revised text that has been proposed by the Chair…of the intercessional Working Group (WGDD). Indigenous organizations continue to sign onto the collective statement this week.

|| Mr. Miguel Guatemal ||
Intervention by CONAIE, Ecuador

In the halls, some delegates have expressed concern about proposing changes to the Chairman’s Text. It is feared that by suggesting changes to the current Chairman’s Text, it will open the door to States to do the same. For many, moving forward with the adoption of the Draft Declaration by the new Human Rights Council and passage by the General Assembly is paramount given the creation of the new Human Rights Council and concerns with the new structure. Many feel that indigenous peoples would not benefit in reopening the discussions on the Draft in another session of the Working Group or with States. Although there are indigenous leaders that oppose the adoption of the Chairman's Text, there were no interventions made at this year's permanent forum.

The United States, Australia and New Zealand made a statement on Monday under Article 4e-Free, prior and informed consent. Mr. Peter Vaughan discussed current efforts underway by the Permanent Forum and other international bodies to "define and promote a principle or ‘right’ of free, prior, and informed consent in relation to indigenous peoples…" While stressing that this is a complex issue, Mr. Vaughan pointed out that these discussions are "far from complete." He pointed out that "widely different views" about the "content and application" were apparent amongst attendees at the International Workshop on Free, Prior, and Informed Consent held in 2005. To that end, he argued that it would be "premature to refer to the conclusions of the workshop as reflecting a 'common understanding' as stated in the report." He went on further to say that it was the position of the States that there "can be no absolute right of free, prior, informed consent that is applicable uniquely to indigenous peoples and that would apply regardless of circumstance." As the states outlined previously, they believe that "such an overriding right to a specific subset of a national populace would be potentially discriminatory."

All statements from Monday’s session can be downloaded from DoCip website.

United Nations Permanent Forum on Indigenous Issues (Day 4, 5)

United Nations Permanent Forum on Indigenous Issues
Fifth Session

Days 4 & 5
Thursday, May 19 and Friday, May 20, 2006



|| Rigoberta Menchú ||
Nobel Peace Prize recipient

On Thursday morning, several indigenous peoples, indigenous organizations, agencies, and governments continued dialogue and interventions to complete the proceedings began earlier in the week. One of the interventions made was by Erica-Irene Daes, a United Nations expert. In her statement, she discussed the recent International Expert Seminar on Indigenous Peoples Permanent Sovereignty over Natural Resources and Their Relationships to Land and the Report released on the proceedings of the Meeting (E/CN.4/Sub.2/AC.4/2006/3 of April 5, 2006). The purpose of this gathering was to "reflect the importance of creating a space for constructive dialogue that would allow governments and indigenous peoples to deepen their understanding of land and natural resources rights and to analyse the meaning of certain relevant to the lands, territories and resources concepts and terms."

In her written statement, she discussed two concepts including "sovereignty" and "territories", both of which I will discuss further. She writes that participants at the gathering accepted the concept of "sovereignty" in relation to the principle of permanent sovereignty over natural resources that can generally be stated as legal government control and management authority over natural resources, particularly as an aspect of the exercise of self-determination. As Ms. Daes stated, "the use of this concept does not place them in the same level of states or place them in conflict with state sovereignty." The second concept she discussed was that of "territory." She argued that the understanding of territory as it relates to indigenous peoples should not be confused with the concept of territorial integrity in international law. Some have argued that the use of "territory" by indigenous peoples has implied a "separation form the territory of the States as a whole…" (which was one of the concerns that the United States, Australia, and New Zealand raised earlier in the week). However, she argued that the concept of "territory" as used by indigenous peoples and that is used in the Draft Declaration on the Rights of Indigenous Peoples as well as in the International Labor Organization (ILO) Convention No. 169 on Indigenous Peoples confers a different understanding. Specifically, it is meant to convey, as Ms. Daes writes, "a notion of the totality of indigenous peoples relationship to the land and to all of its resources and characteristics." It is important to note that it is not simply "land ownership" as typically understand to be that of ownership by private citizens. Rather, this relationship is that of "historically, cultural, spiritual and collective." For more on this discussion, please refer to the report referenced previously.

|| Manny Pino ||
Acoma Pueblo
Indigenous Environmental Network/International Indian Treaty Council

Manny Pino, a representative with the International Indian Treaty Council also made an intervention on Thursday morning on MDG #7 - Ensuring Environmental Sustainability. His remarked were based on the collective document created in the preparatory meeting held for the North American continent in April. In his remarks, he focused on water and indigenous peoples. He remarked that both states and international agencies need to "prioritize providing safe and clean drinking water" for indigenous peoples throughout the world and to adopt national, international, and tribal policies that "prevent the depletion, contamination, privatization and commodification of water..." He requested that the Permanent Forum endorse and disseminate the Declaration of the Indigenous Peoples from the World Water Forum held in March 2006 and the Indigenous Peoples' Declaration, also known as the "Kimberley Declaration" from the World Summit on Sustainable Development in 2002 (Durban, Africa). Finally, he called upon the states, in particular the United States, to adopt, ratify, and implement the Kyoto Protocols on Climate Change and the Stockholm Convention on Persistent Organic Pollutants. Water, as he stated, is sacred, precious, and non-renewable and ss a vital resource, it must be taken care to ensure the survival of all living things.

On Thursday afternoon and Friday morning, the UNPFII held a thematic discussion on Africa. United Nations expert, Julian Berger, briefly discussed some of the history of the African Indigenous Peoples involvement in the United Nations. He pointed out that the first formal contacts with the indigenous peoples of this continent began in the early 1990’s. In 1992, at the launch of the first International Decade on Indigenous Peoples, a representative of the Tanzanian indigenous peoples brought global attention to the struggles of the indigenous peoples of the African continent. In 1994, the Secretary-General appointed an indigenous person from Africa, a Maasai from Kenya, as a member of the UN Voluntary Fund for Indigenous Populations. Since then, the participation of Indigenous peoples in the Working Group on Indigenous Populations, the Permanent Forum on Indigenous Issues, as well as other UN fora, has grown and as Mr. Berger stated, "the indigenous peoples of Africa have begun to find their rightful place in the processes and spaces created by the United Nations for indigenous peoples."

||African Indigenous Delegates ||
(L to R) Joseph Olesimel, Maasai, Kenya; Christiana Saiti Louwa, El-Molo, Kenya,; Unknown, Ms. Parakuo

Statements from African Indigenous Peoples and Indigenous Organizations were made by a number of organizations including, African Caucus, Congress of Aboriginal Peoples, African Commission on Human & Peoples’ Rights of the African Union, IMPACT-Kenya, Tin Hinana, Communaute des Autochtones Rwandais, UNIPROBA, El-Molo Forum,and the African Caucus on Human Rights Situation of Indigenous Peoples, to name a few. While there were many indigenous peoples present, a delegate from Africa expressed disappointment that there were few African government representatives present.

|| Mary Simit ||
African Indigenous Peoples Caucus

The African Indigenous Peoples caucus statement, and other statements, brought attention to the reality of indigenous peoples of the continent. The delegate highlighted the fact that hunting and gathering has sustained the peoples of the continent for thousands of years and these “cultural systems” have helped indigenous communities “maintain an equilibrium of nature and of human presence.” It was highlighted that the increase in agriculture, mining, oil extraction, and other industrial activities threaten the survival of African indigenous peoples. Additionally, climate change and drought, has further exacerbated the situation resulting in death of both people and livestock. The Collective Statement of the Indigenous Organizations of the Democratic Republic of Congo, representing the Pygmy communities, noted that political instability and war, lack of access to natural resources, and lack of national policies for their inclusion and consultation in social and environmental reform policies, has resulted in this community being one of the most vulnerable in the country. Together, these challenges are causing increased poverty amongst indigenous peoples of Africa.

Several interventions made by African indigenous delegates highlighted the need for free, prior, and informed consent of development projects and other projects that will impact indigenous territories and land and financial support from the international community to alleviate poverty amongst the indigenous peoples of the continent. In addition to laying out specific recommendations, the African Indigenous Peoples Caucus encouraged states to "accept the principle that sustainability means accepting ecological, economic and cultural pluralism."

For more information on the indigenous peoples of Africa, please visit Indigenous Peoples of Africa Coordinating Committee website.

Statements by other African indigenous peoples are available on the DoCip website.

United Nations Permanent Forum on Indigenous Issues (Day 3)

United Nations Permanent Forum on Indigenous Issues
Fifth Session

Day 3
Wednesday, May 18, 2006



|| Outside the United Nations New York ||

Wednesday's morning session continued with interventions/statements made by Nations and indigenous organizations. Of particular note was the joint statement made be New Zealand on behalf of New Zealand, Australia, and the United States of America in the morning session. The statement clearly articulated, for the first time in UN fora, the United States’ concerns with the Draft Declaration on the Rights of Indigenous Peoples.

It is important to provide some background information regarding the Draft Declaration before discussing the joint statement. Mandated by the UN Economic and Social Council (ECOSOC), the Declaration has been in development for 25 years with participation from Indigenous Peoples around the globe. When it is adopted, it will be a clear indication by the international community of their commitment to the protection of the individual and collective rights of indigenous peoples. United Nations declarations, while not legally binding on States, are "aspirational statements," that provide a moral framework for States in their interactions with indigenous peoples.

Over the years, there has been considerable work done by indigenous organizations and various UN committees on this document. One Committee of note is the Working Group on the Draft Declaration on the Rights of Indigenous Peoples that has been meeting annually to work on the development and adoption of the draft. Their most recent meeting occurred in January of 2006. In his report of this meeting, the Chairperson-Rapporteur introduced a document, E/CN.4/2005/WG.15/2, that contained his proposal on all articles that had been discussed during previous sessions. This document is typically referred to as the "Chairman’s Text". The goal of this document, according to the Chairperson, was to provide the working group with text that was "closest" to a consensus between Indigenous Peoples and the States, as well as between the States themselves.

Several organizations, including the American Indian Law Alliance and the International Indian Treaty Council, are doing extensive legal analysis of the Chairman’s text with a particular focus on determining whether changes in the Chairman’s document are "weaker" or "stronger" than those currently included in the original Draft Declaration as developed by the Working Group on Indigenous Populations and accepted by Consensus by the Sub-Commission on the Promotion and Protection of Human Rights. While analysis is still being conducted, neither organization previously mentioned has taken a position on the Chairman's text. As Andrea Carmen, IITC noted, extensive consultation has to occur with Treaty Council members before the organization could take a stand on the Text.

|| Honor ||

How does this relate to the adoption of the Draft Declaration? There are two critical issues that indigenous peoples are dealing with as it relates to the Draft Declaration. The first deals with the Draft Declaration as it stands and the Chairman's Text as previously mentioned. The second issue is the restructuring of the United Nations, most notably the UN Commission on Human Rights, which I will address next.

On March 15th, 2006, the UN General Assembly created the Human Rights Council which replaces the UN Commission on Human Rights (CHR). The UNCHR has been an important mechanism for Indigenous Peoples to address human rights violations and create global standards to defend and uphold these rights. It is not clear to Indigenous Peoples, their organizations, and Allies, how the new Human Rights Council will be include Indigenous Peoples in the new structure. The new Human Rights Council is scheduled to begin its first session on June 19th of this year.

This is of particular concern as it pertains to the Draft Declaration, specifically the adoption of the Draft Declaration on the Rights of Indigenous Peoples. Under the old structure, the Draft would have been addressed under CHR agenda item 15, "Indigenous Issues." As Andrea Carmen, IITC stated, "the re-structuring of a UN system should not deny the IITC and other Indigenous NGOs access to the process, nor should the rights of Indigenous Peoples put on hold by this process." We have yet to see how this will impact adoption and future work on the Draft Declaration itself.

We will now return our attention to the joint statement by New Zealand, Australia, and the United States.

In the joint statement, the representative from New Zealand made several statements that raised considerable concern by Indigenous People attending. He stated that the provisions for articulating self-determination for indigenous peoples within the Draft are "inconsistent with international human rights law." He pointed out that they could be "misrepresented as conferring a unilateral right of self-determination (Article 3) and possible secession upon a specific subset of the national populace, thus threatening the political unity, territorial integrity and indeed the security of existing UN Member States." He argued that Article 3 in the text...,"has the potential to create instability." He further argued that the Text "appears to confer upon a minority, a power of veto over the law of a democratic legislature (Article 20)" and that the "provisions on lands and resources are particularly unworkable and unacceptable." He argued further that the Chariman's Text does not enjoy consensus and is thus "fundamentally flawed." As mentioned previously, this was the first time that the concerns of these states, most notably the United States, were articulated this clearly.

|| From the Desk of... ||

Several Indigenous delegates, including Wilton Littlechild, Indigenous Independent Expert Member from North America on the Permanent Forum on Indigenous Issues, expressed great concern regarding this statement. He started by saying, "as the elder’s would say back home, thems fighting words." He referred to the rights in the Draft Declaration as "inherent rights" and that there are many legal experts that would disagree with the position put forth in the joint statement. During his statement, he also acknowledged that Canada has been appointed to the new UN Human Rights Council.

Other individuals, including Carrie Dann from the Western Shoshone Defense Project made statements during the morning session. The afternoon session was closed with many delegates attending various side events.

|| Carrie Dann ||

Western Shoshone Defense Project

Special thank you to Alberto Gonzales and Manny Pino for their contributions and feedback to the write-up of Wednesday’s proceedings.

United Nations Permanent Forum on Indigenous Issues (Day 2)

United Nations Permanent Forum on Indigenous Issues
Fifth Session

Day 2, Tuesday, May 16, 2006



|| View of UNPFII5 ||

The special theme of the UNPFII Fifth Session is the Millennium Development Goals, also known as “MDGs”, and Indigenous Peoples. The MDGs were developed in September of 2000 at the United Nations Millennium Summit where world leaders agreed to, “set of timebound and measurable goals and targets for combating poverty, hunger, disease, illiteracy, environmental degradation and discrimination against women.” In addition to the MDGs, the Summit’s Millennium Declaration also outlines a wide range of commitments in human rights, good governance and democracy.

This year’s UNPFII focuses on redefining the Goals as it pertains to Indigenous Peoples worldwide and focuses on 2 goals, specifically Goals 3 and 8. Goal 3 focuses on the promotion of gender equality and empowerment of women and Goal 8 focuses on the development of a global partnership for development. (Each of these goals is further elaborated on the MGD website). There are two particular documents referenced in the Proposed Organization of Work that provide useful information for this year’s forum. Those documents include: Report of the International Technical Workshop on Indigenous Traditional Knowledge and the Report of the International Expert Group Meeting on Millennium Development Goals, Indigenous Participation, and Good Governance.

|| Required Reading ||

What does this mean in terms of work done at the UNPFII? The theme provides a framework for the proceedings of the meeting. Indigenous delegates, Nations, and NGOs are encouraged to craft their interventions in accordance with the annual theme. This does not mean that other issues are cannot be addressed. For example, another major issue that is being discussed at the Forum is the Draft Declaration on the Rights of Indigenous Peoples (to be discussed more later).

Beginning Monday afternoon, Nations, Indigenous Peoples, and NGOs began dialogue on the special theme. Ms. Victoria Tauli-Corpuz, Chairperperson of the UNPFII, Ms. Caren Maria Gallarda, Chairperson of the United Nations Commission on the Status of Women, Mr. Juan Leon, Representing the Secretary-General of the Organization of American States, and others, made statements on the theme.

Of particular interest is the statement that was made by the Mr. David Choquehuanca Cespedes, Foreign Minister of Bolivia. Mr. Cespedes is an Indigenous man from Lake Titicaca region, the highest lake in the Americas and the cradle of Incan civilization. He talked about the need for states to no only recognize but affirm the rights of indigenous peoples to self-determination that are consistent with Indigenous Peoples cultural practices and norms. Several individuals that I was sitting with stated that they had never heard these words stated by a representative of a Nation and that we were witnessing history. Mr. Cespedes received a standing ovation from Indigenous delegates following his intervention.

|| Mr. David Choquehuanca Cespedes ||
Foreign Minister of Bolivia

For those who are interested, the Indigenous Peoples' Center for Documentation, Research and Information, also known as DoCip, is updating their website with statements made by delegates hourly. Mr. Cespedes statement is currently online in Spanish. I highly recommend that you read this document and anticipate that DoCip will translate this document into English in the coming days.

Tuesday, May 17, 2006

Andrea Carmen, Executive Director of the International Indian Treaty Council from the Yaqui Indian Nation, made a statement on behalf of the North American region. Her statement was based on the document entitled the North American Region Preparatory Meeting for the United Nations Permanent Forum on Indigenous Issues Fifth Session (UNPFII5). This document was developed at the end of April during a North American Preparatory meeting held in Minneapolis, MN. The North American Predatory Session for UNPFII5 recommended the following concerns and issues be addressed during this year’s session:

1. The historic and current implications and impacts of the “Doctrine of Discovery” as practiced by the United States, Australia, and other settler governments;
2. The national and international legal standing of aboriginal title;
3. Indigenous Peoples’ permanent sovereignty over natural resources including reviewing the implementation of the recommendations from the above mentioned UN Expert Seminar;
4. The application and implementation of the right to free, prior informed consent (FPIC).

Other regional statements were made on Tuesday morning by the Asian Indigenous Peoples Caucus, Latin American Caucus, Artic Regional Caucus, Pacific Caucus, Global Indigenous Caucus, African Indigenous Caucus, Indigenous Women’s Caucus, and Caribbean Antilles Indigenous Peoples Caucus to name a few. Statements are available on the DoCip website.

|| Ms. Andrea Carmen ||
International Indian Treaty Council
Please note that the Treaty Council delegation is sitting at the seats normally reserved for NGOs, including OAS.

One of the issues that has been raised regarding the Millenium Goals is the fact that they currently only pertain to developing countries. This is problematic for Indigenous Peoples who live in countries such as the United States, Canada, and New Zealand, as we are essentially left out of the programs developed to realize the MDGs. This was pointed out by a number of organizations including IITC on Tuesday afternoon. Ms. Victoria Tauli-Corpuz, Chairperperson of the UNPFII, concurred that further discussion needed to occur between the Indigenous Delegates and the Permanent Forum regarding this issue.

|| Mr. Alberto Saldamando ||
International Indian Treaty Council

On Tuesday afternoon, a number of NGOs, including the UN Children’s Fund, UNESCO, International Organization for Migration, Inter-American Development Bank, UNAIDS, UN-HABITAT, the World Bank, and the International Labour Organization made statements on the special theme. These interventions closed the activities for Tuesday.

Have questions/comments? The purpose of this blog is to educate readers on the UNPFII as well as to update on the proceedings of the Forum. If you have questions that you’d like to have clarified, please leave a comment or send me an email and I will do my best to address them. Please feel free to comments as well.

Additional Information from Indigenous Environmental Network

This following information is courtesy of Tom Goldtooth, Executive Director of the Indigenous Environmental Network

Attached are two documents that the Indigenous Environmental Network has disseminated to all the delegates and participants of the PFII 5. The two documents were information materials meant to provide talking points related to te PFII 5 theme of "Re-Defining MDGs".

The Indigenous Environmental Network delegation is accredited under IITC and part of the IITC delegation. Both IEN and IITC are sister organizations with IEN providing expert advice on environmental justice and natural resource issues. IEN is not an accredited non-governmental organization (NGO) within the UN system. For anyone to enter UN meetings, they have to register, or get credentialed under an accredited NGO. IITC is the first Indigenous organization accredited as an NGO within the UN system (back in 1970's). The IEN delegation had been in NYC for 2 weeks prior to the PFII 5 participating in the 14th Session of the UN Commission on Sustianable Development (CSD).

The CSD is the UN entity that meets every year to bring world governments, UN agencies, NGOs, Indigenous Peoples Organizations (IPOs) and private sector together to make reports on how governments are (or are not) making progress in meeting targets and timelines on saving the planet - Mother Earth. Grasroots peoples and youth need to know there are global agreements such as Agenda 21 (from the 1992 Earth Summit in Rio de Janeiro, Brazil); the Millennium Development Goals (MDGs) in 2000 and the Joint Plan of Implementation (JPOI) of the World Summit on Sustainable Development (WSSD), held in Johannesburg, South Africa in 2002 that world leaders signed on to (and where the grassroots peoples of the world need to hold them accountability to meet their targets).

As part of the US-based environmental and economic justice movement, the Indigenous Environmental Network had brought our local Indigenous grassroots issues to the global level, starting with the UN POPS Treaty (international treaty agreement for governments of the world to reduce and eliminate 12 toxic chemicals, called peristent organic pollutants - POPs) and later bringing an Indigenous youth and grassroots community delegation to the WSSD in Johannesburg, SA in 2002. Prior to bringing these Indigenous grassroots communities from the local to the global level, there had been many communities working through IITC bringing human rights cases to the Commission on Human Rights meetings in Geneva.

In 1999, IEN and IITC participated in the 3rd Ministerial World Trade Organization (WTO) in Seattle, Washington. This is known by activists as the "Battle in Seattle". IEN, IITC, and groups like Seventh Generation Fund, worked with other Indigenous groups to bring an "Indigenous face" to these so-called free trade and globalization issues. Later in 2003, IEN and IITC participated as "civil society" in the 5th Ministerial meeting of the WTO in Cancun. There are Indigenous statements and declarations developed at both of these WTO meetings.

Coming back to the UN Commission on Sustainable Development (CSD)...... there is an Indigenous Peoples Caucus within the CSD meetings. The Indigenous Peoples Caucus is 1 of 9 Major Groups that formally participate in the CSD and have formal opportunities for dialogue with high-level ministers (governmental hee-haw leaders). The issues the CSD talk about range from water, sanitation and human settlement (at the 12th and 13th Session of the CSD in 2004 and 2005, respectly) to recent issues of energy, climate, industrialization and air/atmospheric pollutants at the CSD 14. From May 1-12, the CSD 14 on a "Review Session" of the topics of energy, climate, industralization and air/atmospheric pollutants as held here in NYC. The review session means NGOs, Indigenous Peoples and governmental leaders were accessing progress, barriers and constriants of whether governments of the world were making progress towards saving the world, by meeting targets and timelines of Agenda 21, the JPOI and the MDGs.

IEN and IITC have been participating in the CSD meetings each year, along with other Indigenous organizations. There is a direct link between the CSD work, that focuses on the environment and sustainable development. Much of the work of IEN has been related to MDG-related issues, especially to Goal 1: Eradication of Poverty and Hunger and Goal 7: Environmental Sustainability.

Taking from that experience, IEN wrote up some talking points for the delegates attending the PFII 5. These two documents are:"Millennium Development Goals (MDG): Key Points of Problems, Constraints and Barriers and Re-Defining MDG 1 (Poverty) and MDG 7 (Environment)". The document has already helped many PFII 5 delegates and grasroots people to better understand some examples of MDG issues.

MILLENNIUM DEVELOPMENT GOALS (MDG): WATER AND SANITATION

Millennium Development Goals (MDG): Key Points of Problems, Constraints and Barriers and Re-Defining MDG 1 (Poverty) and MDG 7 (Environment)

Climate Change and Global Warming Crisis. A Dilemna for Meeting the Millennium Development Goals (MDGS)

United Nations Permanent Forum on Indigenous Issues (Day 1)

United Nations Permanent Forum on Indigenous Issues
Fifth Session

Day 1, Monday, May 15, 2006

On Monday, May 15, the Fifth Session of the United Nations Permanent Forum on Indigenous Issues opened at the United Nations in New York City. This year, over 2000 Indigenous Peoples, their organizations, and representatives registered to attend the gathering. The UNPFII meetings will adjourn on Friday, May 26.

I am attending the UNPFII on behalf of the International Indian Treaty Council to document the proceedings of the meeting for the organization. IITC is the first organization of Indigenous Peoples to be recognized as a Non-Governmental Organization (NGO) with Consultative Status to the United Nations Economic and Social Council in 1977. Their work focuses on “building Indigenous Peoples’ participation in key U.N. fora.

The UNPFII is not a conference! Rather, the UNPFII is a standing UN organ, made of experts whose main responsibility is to advise the UN system through the Economic and Social Council (ECOSOC) on issues “related to the situation of Indigenous Peoples’, to promote cooperation and coordination and indigenous issues and to raise awareness about individual issues.” Indigenous participation is central to the UNPFII as they bring the voices of Indigenous Peoples’ worldwide to Nation-States and the United Nations.

Monday was a busy day for delegates. In addition to rainy weather conditions, there were long lines in the morning for delegates to pick up required credentials and gathering UN background documents. It was also a time to reconnect with friends and colleagues from around the world. I ran into several people that I had met at the Working Group on Indigenous Populations at the United Nations in Geneva a few years ago and had finally met several individuals that I’ve only corresponded via email. It was also great to connect with mentors and colleagues from the Treaty Council. It is not often that I get to spend time with them.

The Fifth Session of UNPFII was opened on Monday morning with a prayer from Traditional Haudenosaunee Chief (People of the Long House), followed by statements from high-level UN officials and cultural presentations from Indigenous Peoples from throughout the world. Mililani Trask, a Native Hawaiian attorney and Pacific representative to UNPFII, made opening statements on behalf of the Indigenous Peoples Caucus. The opening was also the launch of the Programme of Action for the Second Decade of the World’s Indigenous People.

|| Opening Prayer ||

In the early 1990’s, the UN adopted the International Decade of the World's Indigenous People to coincide with the 500 year anniversary of contact with Indigenous Peoples in the Americas. The first Decade of the World’s Indigenous People ended in 2004 but because of recommendations of the UNPFII, the General Assembly adopted a resolution that created the Second Decade. Also in 1994, the UN also adopted a resolution in support of an International Day of the World's Indigenous People that is celebrated annually on August 9 throughout the world.

Following are a few pictures from the opening ceremonies of the UNPFII. I will uploading photos, accompanied by updates of the proceedings, during the duration of the gathering.

|| P-Town Boyz from the Ponemah Community on the Red Lake Nation ||
Standing in front in the headdress is Wilton Littlechild (Cree Nation), Indigenous Independent Expert Member from North America on the Permanent Forum on Indigenous Issues.

|| Kamchatka Group of Ethnic Dance ||
Representing Indigenous Peoples of Russia

|| Joiking by Sami Representative ||
For more info on the Sami, visit the Resource Centre for Rights of Indigenous Peoples

|| Cheyenne River Youth ||

|| Descendance Aboriginal & Torres Strait Islander Dance Theatre ||

Every time I have attended an international Indigenous gathering, I am always overwhelmed by the beauty and breadth of Indigenous People. My participation in these gatherings has had a profound impact on my own personal identity and my dedication to the global Indigenous movement. Thank you for stopping by and if you not subscribed to my blog, please do so as older blogs “disappear” from general public but subscribers have access to all of them.

Peace and Blessings!