UCLA Conference Announcement: Indigenous Peoples’ Rights in the International Human Rights Framework

From Angela Riley:

Please Save the Date! Friday, January 22, 2010

The UCLA American Indian Studies Center

in conjunction with

The UCLA School of Law Journal of International Law and Foreign Affairs

will present a one-day Symposium, tentatively titled:

Indigenous Peoples’ Rights in the International Human Rights Framework — A Comfortable Fit?

This Symposium will bring together internationally-renowned scholars whose work focuses on issues pertaining to indigenous peoples’ group rights, with a particular emphasis on potential conflicts that arise for collective, indigenous claims within the international human rights framework.

Confirmed Keynote:

Professor S. James Anaya, Special Rapporteur to the UN Permanent Forum on Indigenous Issues, and Professor of Law, Arizona Law School

Please be on the lookout for more information as the date approaches. We do hope you will join us!

NGĀ PAE O TE MĀRAMATANGA INTERNATIONAL INDIGENOUS CONFERENCE 2010

Conference information here.

Mātauranga Taketake: Traditional Knowledge
Theme: ‘Kei muri i te awe kāpara, he tangata kē: Recognising, engaging, understanding difference’

6-9 June 2010 Auckland, New Zealand

This conference addresses the question of difference. What are the costs to communities and society of failing to understand others? Can we reflect on our own assumptions and practice, our shared past and present and imagine and pursue a better future for individuals and the greater collective? The conference will provide opportunities to discuss strategies for engaging, understanding and accommodating difference in order to build relationships that address social, economic, resource, and environmental risks associated with failure to understand sufficiently the differences among indigenous and non-indigenous communities and societies. Given the diversity present in those attending the conference there will be many opportunities to learn from diverse contexts around the world about efforts to engage across the inter-face between indigenous and non-indigenous communities, across all disciplines, from individuals to societies, governments and nations. The intention is to move beyond identifying and understanding problems toward creative solutions that meet the needs of present and future generations. The conference provides the opportunity to develop a broader understanding by seeing and hearing things outside our own scope, to make connections across boundaries, and to formulate partnerships across new interfaces.

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Two Papers by Angelique EagleWoman on SSRN

The Eagle and the Condor of the Western Hemisphere: Application of International Indigenous Principles to Halt the United States Border Wall
Idaho Law Review, Vol. 45, No. 3, pp. 1-18, 2009
Angelique EagleWoman
University of Idaho – College of Law

Tribal Nation Economics: Rebuilding Commercial Prosperity in Spite of U.S. Trade Restraints – Recommendations for Economic Revitalization in Indian Country
Tulsa Law Review, Vol. 44, No. 1, pp. 383-426, 2009
Angelique EagleWoman

Online Documents of Maori Legal History

From the Legal History Blog:

The New Zealand Legal Text Centre had recently launched an on-line archive of documents relating to the legal history of the Maori, the indigenous people of the islands. Here is the announcement:

The New Zealand Electronic Text Centre is proud to announce the launch of the Legal Maori Archive, a collection of more than 14,000 pages of around 250 19th century documents that illustrate the bi-lingual nature of New Zealand’s legal history. The Legal Maori Archive is freely available to the public and can be accessed via the NZETC website.

Among the many documents featured in this collection are the following:

The Proceedings of the Kotahitanga Parliaments

Henry Hanson Turton’s Maori Deeds of Land Purchases in the North Island of New Zealand

Maori translations of Acts and Bills circulated among Maori communities by the Crown

The Archive has been created in conjunction with Mamari Stephens from the Victoria University of Wellington’s School of Law as part of a project to establish a corpus of legal Maori documents, which will allow the analysis of the language and eventually a dictionary of legal Maori terms and concepts. It is the first time the documents have been brought together in one place and is the largest collection of separate documents that the New Zealand Electronic Text Centre has digitised. The Legal Maori Project seeks to resource speakers of te reo Maori who may not currently have access to a shared vocabulary to describe Western legal concepts. This Project will collate, develop and make available the terminology from Legal Maori texts, including those from the Legal Maori Archive, to all speakers and learners of te reo Maori and all researchers

Douglas Harris on the Boldt Decision in Canada

Douglas C. Harris posted his paper,The Boldt Decision in Canada: Aboriginal Treaty Rights to Fish on the Pacific, part of THE POWER OF PROMISES: RETHINKING INDIAN TREATIES IN THE PACIFIC NORTHWEST, Alexandra Harmon, ed., University of Washington Press, 2008. Here is the abstract:

The Oregon Boundary Treaty of 1846 established the forty-ninth parallel as the boundary between British and American interests in western North America. After 1846, Aboriginal peoples to the north of the border negotiated with the British Crown the terms of their coexistence with incoming settlers, those to its south with the United States. As a result, while some of the Coast Salish and Kwak’waka’wakw peoples in what would become British Columbia concluded treaties between 1850 and 1854 with the Crown’s representative, James Douglas, the tribes in the United States settled with the governor of the Washington territory, Isaac I. Stevens, in 1854 and 1855.

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Indian Country Today: Seeking justice, Latin indigenous leaders come to testify

Originally printed at http://www.indiancountrytoday.com/home/content/42323512.html

WASHINGTON – Indigenous leaders from four Latin American countries came to Washington D.C. last month to assert that their respective governments are criminalizing their right to protest, preventing them from seeking justice.

In what they called an Indigenous Diplomatic Mission, representatives from Colombia, Peru, Ecuador and Chile presented testimony and documented evidence at the 134 period of sessions of the Inter-American Commission on Human Rights. With the assistance of American co-petitioners Indian Law Resource Center, they met with members of Congress, representatives of the Obama administration and the United Nations.

The outreach is part of a related movement toward the passage of an American Declaration of the Rights of Indigenous People.

But the main focus for the members of the Andean Coordinating Committee of Indigenous Organizations was getting their message to the IACHR and the international community. They say their protests are being criminalized and their people marginalized, even killed.

“We came here because we are defending our mother, Pachamama” said Miguel Palacin Quispe, chair of the CAOI and president of the National Confederation of Peruvian Communities Affected by Mining at hearings March 20.

“We are the victims of this criminalization and persecution. . for the thousands of instances of human rights violations in our territories we have requested this hearing,” Palacin Quispe said in his testimony before the IACHR, which acts as a consultative body to the Organization of American States and the Inter-American Court of Human Rights.

The Peruvian leader told commissioners about problems with the “extractive model” of business in Peru that has oil and other large companies engaging in “irrational exploitation,” causing “enormous damage and pollution” to indigenous territories.

“These new neighbors, the multinationals, have located their battles in our territories, and they have put us in a position where we have to defend ourselves.”

One of the Peruvian cases he brought before the commission was that of 29 indigenous activists who, after requesting a dialogue with mining company and government representatives who came to their territory without their consultation, were seized, held hostage and then tortured by the Peruvian National Police for three days in July of 2005.

For the most part, his presentation focused on more recent events.

“It is now known,” Palacin Quispe stated, “that 18 Colombian ethnicities are in danger of extinction and for them we mobilize, for them we protest and there is no mechanism for dealing with this. . we have become the objects of assassination, torture and imprisonment.”

“In many areas, they are preventing us from our constitutional right to mobilize and protest; and the strategy of the state is now to change laws. . so they criminalize dissidence, and in Chile, against the Mapuche, they use the anti-terrorist law. They also seek to privatize public land and along with this they are increasing the military presence in our territories.”

For Juan Edgardo Pai, an Awa leader from Colombia and one of the presenters at the hearing, the issue of militarization is very important.

“The militarization of our territory has brought terrible problems,” Pai stated in a phone interview with Indian Country Today after his testimony at the commission. He referred to the recent massacre of 27 Awa by the FARC and to other similar situations. “When there are armed conflicts there are many people displaced and many Awa have been killed by their anti-personnel mines.

“Our people are still trapped by some of those mines. The fumigations have also caused death; many of our children have been killed by the poisoning.”

Pai said the Colombian government has done nothing to help the displaced and suffering members of his community. He pointed to the recent effort to find some of the victims of the latest massacre as an example of Awa frustration with the government.

“I came here not only because of the massacre,” Pai recounted, “but for the politics of [Colombian President] Uribe who doesn’t respond to our needs and we have seen so many violations of our rights. . we told them about the paramilitaries threatening us also and they have done nothing.

“We have been forgotten by the Colombian government.”

While testimony at the hearings was tragic, there were some positive results to the visit, according to ILRC attorney Leonardo Crippa. He asserted that IACHR Commissioner Victor Abramovich, special rapporteur on the rights of indigenous peoples, was “quite interested in following up on the testimony. … and for a visit by him to Colombia along with the UN Special Rapporteur.”

“Another request we felt would get follow up was on our request for the commission to do a comparative analysis of the 11 Peruvian decrees adopted by the Peruvian government in 2007, known as the Forest Laws, with the American Convention on Human Rights to determine if this domestic legislation is in accordance with the international standards concerning human rights.”

Crippa pointed out that these same laws are being used to imprison indigenous activists who have lead protests in Peru and that issue, along with one of the situations in Colombia, are reasons that there should be a separate American Declaration of the Rights of Indigenous People.

“This regional declaration is needed to reflect the regional particularities of the region, especially those ones that were not reflected in the UN Declaration.”

In his meeting with Department of State officials, Palacin Quispe addressed the same theme.

“In that meeting we stated that if it’s true that the Obama administration signifies a change in U.S. policy, their relevant officials should participate in the next OAS discussion of the Project on the American Declaration of the Rights of Indigenous Peoples and to unblock the process so that this international instrument be finally adopted,” he wrote in a CAOI statement.

In a statement summarizing the hearings, the IACHR urged passage of the American Declaration, as well as decrying the situations that compelled the indigenous leaders to leave their own countries to seek justice.

“The IACHR condemns the murders of indigenous people carried out by private and state agents, and reiterates its concern over the frequency of social conflicts and acts of violence associated with disputes over the lands, territories and natural resources of indigenous peoples. These situations of conflict normally arise because the states do not adequately guarantee the protection of indigenous territories; nor do they guarantee indigenous peoples the right to participate in decisions concerning the activities that affect their rights.”

Negotiations on American Declaration on the Rights of Indigenous Peoples

From the Indian Law Resources Center:


Indigenous representatives from the Americas attend a preparatory meeting of the Indigenous Peoples Caucus at the OAS.  Photo by Leo Crippa

WASHINGTON – A special session of the OAS Working Group in charge of negotiating the Draft American Declaration on the Rights of Indigenous Peoples was held December 9-12, 2008 at the Organization of American States headquarters. Reynaldo Cuadros, Ambassador of the Bolivian Mission to the OAS, chaired the session.

About 60 indigenous representatives from the Americas attended the session which was preceded by a preparatory meeting of the Indigenous Peoples Caucus.   Armstrong Wiggins, Director of our Washington DC Office, and staff attorney Leonardo Crippa gave a briefing on recent developments and provided legal assistance at the special session when meeting with states.

Chief Karl Hill of the Cayuga Nation of the Haudenosaunee (Six Nations Confederacy) gave the opening statement on behalf of the Indigenous Peoples Caucus.

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Mankiller: Obama’s opportunity: Add America’s name to declaration

From Indian Country Today

Originally printed at http://www.indiancountrytoday.com/opinion/41586817.html

President Obama has an opportunity to send the world a message about American justice.

All the countries of the Americas must now exert the political will to finalize and adopt the American Declaration.

He can add America’s name to the Declaration on the Rights of Indigenous Peoples before the Organization of American States. This is a historic effort by all countries in the Americas to recognize and declare that human rights belong to indigenous peoples, both as individuals and as communities, nations, or tribes. Negotiations over the draft American Declaration in the Organization of American States have reached a critical point. All the countries of the Americas must now exert the political will to finalize and adopt the American Declaration. Last year, the United States refused to actively negotiate. This must change, and each of us can help make that happen.

The adoption of a strong American Declaration would be a tremendous step toward ending the appalling treaty and human rights violations that are so often inflicted on our Indian and Alaska Native tribes and communities. The declaration states the commitment by these countries to the rights of Indian peoples – our right to exist as distinct cultures, our right to govern our own affairs, our right to own and use our lands, and our right to be free from discrimination.

We live in an era of self-determination, yet Congress still claims the power to do what it wants – confiscate our native lands in violation of the Constitution, strip our jurisdiction, exploit our natural resources and refuse to honor its treaty obligations. Many of our nations and communities face a daunting set of social and economic challenges, as well as violation of treaty and human rights on a daily basis. Our northern tribes and Native Alaska villages see their very existence threatened as climate change undermines their subsistence lifestyles.

Indian and Alaska Native nations have always had to fight to make sure the United States government respects and protects our rights as tribal governments and as Indian peoples. This declaration is an important step in protecting those rights. The United States did not vote for the United Nations Declaration on the Rights of Indigenous Peoples even though it publicly agreed with most of its provisions. We have a new opportunity to make sure the United States commits to protecting our rights by joining in adopting of a strong American Declaration.

United States leadership is key to gaining the respect for treaty and human rights that is lacking in the Americas. Strong leadership from the United States would signal a change in its foreign policy on human rights, reinvigorate the OAS negotiations, and lead to the adoption of a strong American Declaration. The new administration provides an excellent opportunity for us to encourage such leadership from the U.S.

As Indian nations and as communities and individuals, this is the time to vigorously encourage the United States to support a strong American Declaration that respects and declares our rights. And while we are at it, let’s also see to it that the U.S. declares its support for the UN Declaration on the Rights of Indigenous Peoples.

Wilma Mankiller is the former principal chief of the Cherokee Nation.

Indian Law Resource Center/NCAI to Host Lunch on Human Rights Violations Against South American Indians

More than 1,244 indigenous people have been assassinated in Colombia in the past five years.  This persecution is not unique to Colombia.  It is part of an alarming trend of human rights violations against indigenous peoples in South America.  Indigenous rights to life, land, equality, natural resources, self-determination, and religious freedom are under attack.  A strong American Declaration on the Rights of Indigenous Peoples will help prevent human rights violations in the Americas.

The Indian Law Resource Center and NCAI will host a brown bag lunch highlighting these human rights abuses:

March 19, 2009, 1:00-2:30pm

NCAI Conference Room

1301 Connecticut Ave., NW

Washington, D.C. 20036

For more information, see the Center’s website, http://www.indianlaw.org/node/391.

New Book: James Youngblood Henderson’s “Indigenous Diplomacy and the Rights of Peoples”

James (Sa’kei’j) Youngblood Henderson has published “Indigenous Diplomacy and the Rights of Peoples: Achieving UN Recognition” with Purich Publishing Limited (2008). Here’s what it looks like. And here is the blurb:

Despite centuries of sustained attacks against their collective existence, Indigenous peoples represent over 5,000 languages and cultures in more than 70 nations on six continents. Most have retained social, cultural, economic, and political characteristics distinct from other segments of national populations. Yet recognition of their humanity and rights has been a struggle to achieve.

Based on personal experience, James (Sa’ke’j) Youngblood Henderson documents the generation-long struggle that led ultimately to the adoption of the Declaration of the Rights of Indigenous Peoples by the United Nations General Assembly. Henderson puts the Declaration and the struggles of Indigenous peoples in a wider context, outlining the rise of international law and how it was shaped by European ideas, the rise of the United Nations, and post-World War II agreements focusing on human rights.

Henderson analyzes the provisions of the Declaration and comments on the impact of other international agreements on Indigenous peoples. He concludes with his view of what must be done to give the Declaration its full force for Indigenous peoples around the world, and what it means for Canada. The full text of the Declaration and selected excerpts of other key international agreements are included.