Indigenous Peoples, First Nations

Delegates participating at the Permanent Forum on Indigenous Issues at the United Nations

In an historic move for the world, the General Assembly of the United Nations has adopted the Declaration on the Rights of Indigenous Peoples! Australia, New Zealand, Canada and the United States voted against the declaration, while 143 nations voted in favor and eleven abstained. PRESS RELEASE: NEW YORK, 13 SEPTEMBER 2007 MESSAGE OF VICTORIA TAULI-CORPUZ, CHAIRPERSON OF THE UN PERMANENT FORUM ON INDIGENOUS ISSUES, ON THE OCCASION OF THE ADOPTION BY THE GENERAL ASSEMBLY OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES Through the adoption of the Declaration on the Rights of Indigenous Peoples, the United Nations marks a major victory in its long history towards developing and establishing international human rights standards. It marks a major victory for Indigenous Peoples who actively took part in crafting this Declaration. The 13th of September 2007 will be remembered as an international human rights day for the Indigenous Peoples of the world, a day that the United Nations and its Member States, together with Indigenous Peoples, reconciled with past painful histories and decided to march into the future on the path of human rights. I hail representatives of Indigenous Peoples who patiently exerted extraordinary efforts for more than two decades to draft and negotiate the Declaration. This Declaration has the distinction of being the only Declaration in the UN which was drafted with the rights-holders, themselves, the Indigenous Peoples. I hail the independent experts and representatives of States and NGOs who contributed actively to this process. This magnificent endeavour which brought you to sit together with us, Indigenous Peoples, to listen to our cries and struggles and to hammer out words which will respond to these is unprecedented. The long time devoted to the drafting of the Declaration by the United Nations stemmed from the conviction that Indigenous Peoples have rights as distinct peoples and that a constructive dialogue among all would eventually lead to a better understanding of diverse worldviews and cultures, a realignment of positions and, finally, to the building of partnerships between states and Indigenous Peoples for a more just and sustainable world. For the UN Permanent Forum on Indigenous Issues, the Declaration will become the major foundation and reference in implementing its mandate to advise members of the Economic and Social Council and the UN agencies, programmes and funds on indigenous peoples’ human rights and development. It is a key instrument and tool for raising awareness on and monitoring progress of indigenous peoples’ situations and the protection, respect and fulfillment of indigenous peoples’ rights. It will further enflesh and operationalize the human rights-based approach to development as it applies to Indigenous Peoples. It will be the main framework to guide States, UN bodies, Indigenous Peoples and civil society in making the theme of the Second Decade of the World’s Indigenous Peoples “Partnership for Action and Dignity” a reality. The United Nations Permanent Forum on Indigenous Issues is explicitly asked in Article 42 of the Declaration to promote respect for and full application of the provisions of the Declaration and follow-up the effectiveness of this Declaration. On behalf of the Permanent Forum on Indigenous Issues, I commit the Forum’s devotion to this duty. This is a Declaration which sets the minimum international standards for the protection and promotion of the rights of Indigenous Peoples. Therefore, existing and future laws, policies, and programs on indigenous peoples will have to be redesigned and shaped to be consistent with this standard. Effective implementation of the Declaration will be the test of commitment of States and the whole international community to protect, respect and fulfill indigenous peoples collective and individual human rights. I call on governments, the UN system, Indigenous Peoples and civil society at large to rise to the historic task before us and make the UN Declaration on the Rights of Indigenous Peoples a living document for the common future of humanity.

The following are cases of resistance. For more information on a case, please consult the internet.

BUFFALO RIVER DENE NATION claims sovereignty and alerts Canadian government that it will not allow mining or other development in its territory without its Free Prior and Informed Consent. From the Statement of the at the Fifth Session of the Permanent Forum on Indigenous Issues, UN, May, 2006:.

We consider ourselves the caretakers of our land, something that we have done for thousands of years. Our, Traditional Territories are being invaded by corporations' intent on resource extraction. Today, we face not only legislation that impairs our self'- development, but also a system designed to bring to an end our traditional life as we know it.

I now quote an excerpt from a letter from our Chief to the Prime Minister of Canada dated May 18, 2006:

"On October l7th 2005 Chief and Council passed a Band Council Resolution to the Federal and Provincial Government informing them that Buffalo River Dene Nation has retaken our Traditional Territory, our land, our natural resources and water. No development will happen within our Traditional Territory until we are consulted and the free, prior and informed consent of the Buffalo River Dene Nation is obtained.

We are aware that the Federal and Provincial Governments and multinational corporations are poised to begin development in our Territory. At this point, we are restating to you that no development will be allowed in our Territory without our free, prior and informed consent. We would like to make it clear that we, the people of Buffalo River Dene Nation are prepared to defend our position by any means necessary."

Taking a stand to protect the land in New Mexico

On December 12th, 2006 community members in Burnham, New Mexico established a blockade to prevent preliminary work for the proposed Desert Rock coal-fired power plant. For more info and how you can help: www.desert-rock-blog.com

May 4, 2006: The local county in South Dakota approved plans to build a biker bar on land considered sacred land to thiry indigenous Nations of the Great Plains. The following is from the Inter-Tribal coalition to Defend Bear Butte!

“Bear Butte is ¨Nowah´wus´ to the Cheyenne Nation. It is ´Mato Paha¨to the Lakota. Across the Great Plains over thirty indigenous Nations acknowledge the sacredness of this Butte and its surrounding area. It is a mountain inhabited by spirits and spiritual powers that are well known to our people. For this reason Bear Butte is central to our ceremonial life as a native people of the Great Plains and is necessary for the continued health and well being of our people. All life on Bear Butte must be respected and defended. No people have a right to destroy or disrespect our sacred mountain…”

For more information see http://www.defendbearbutte.org/index.htm and sign the petition to save Bear Butte --- remember to come back to Sexto Sol!

January 11, 2006 From www.savethepeaks.org

Tribes & Environmental Groups Decry Snowbowl Decision, Vow Appeals to Protect Sacred Mountain

Flagstaff, AZ - Yesterday afternoon U.S. District Court Judge Paul Rosenblatt issued his decision on the lawsuits filed against the U.S. Forest Service and Arizona Snowbowl in their attempt to allow the wastewater Snowmaking and expansion plan on the Sacred San Francisco Peaks.

“The federal government felt, and the court affirmed, that the economic viability of the Arizona Snowbowl Resorts Limited Partnership was more of a priority than the beliefs of hundreds of thousands of Native Americans.” Said lawyer Howard Shaker who represented the Navajo Nation, Yavipai Apache, white Mt. Apache, The center for Bio logical Diversity, Sierra Club, Flagstaff Activist Network, in a written statement. “This decision will be appealed.”

Our thanks to the NGO_ip_undecade@yahoo.com for the following information on the UN Working Group.

The UN Working Group on Indigenous Peoples held its 23rd session on 18-22 July 2005 in Geneva, focusing its discussions on "Indigenous peoples and the international and domestic protection of traditional knowledge".

Various papers and reports are available:

http://www.ohchr.org/english/issues/indigenous/groups/groups-01.htm
http://www.unpo.org/news_detail.php?arg=01&par=2831
http://www.tebtebba.org/

Forced Relocation in the Congo Basin

U.S. based, well-known so-called conservation organizations with funding from USAID have succeeded in forcibly removing thousands of forest dwelling people from this region in order to create a nature reserve. As shocking as this sounds, we remind you that the same was perpetrated on the people living in Yosemite Valley and Yellowstone to create the national parks that are visited by tens of thousands each year in the U.S. But these egregious violations of human rights are not something we think of happening today.

Unfortunately, over 54,000 people who were until recently living self sufficient lives have been made refugees and are struggling against extreme poverty and the emotional weight of having had their world turned upside down in the name of conservation. For more information please contact:

Centre Pour l'Environnement et le Developpement www.cedcameroun.org

Heritiers de la Justice, www.heritiers.org

Amazonian Kichwa Community in Ecuador takes legal action to regain their land

Meeting the cost of the legal battle is a difficult challenge. If you are interested in helping, please contact: recoka@yahoo.com.mx

Miskito gain title in Nicaragua

The Fourth Session of the Permanent Forum on Indigenous Issues was held at the United Nations Headquarters in New York from May 11 to 26, 2005. The following are interventions that we presented.

To help you understand UN lingo, an intervention is what it is called when you take the floor in a formal meeting to make an observation or suggestion. Crosscutting Issues are those aspects of the human condition and/or natural world that have been identified as so important that we must keep them in mind in all discussions related to sustainable development. The Millenium Development Goals are a set of 8 goals that were agreed upon in 2000 by UN member states as targets for reducing poverty and protecting the environment.

One of the outcomes for the 4th Session of the Permanent Forum is that the notion of Land as a crosscutting issue was adopted for the next and all future sessions of the Forum. For more information on the Permanent Forum on Indignous Issues and on the Millenium Development Goals, please see www.un.org.

Comisión Jurídica para el Autodesarrollo de los Pueblos Originarios Andinos

Entidad Consultiva Especial del Consejo Económico y social ECOSOC de las Naciones Unidas

IV Session of the Permanent Forum on Indigenous Issues First Point of the Agenda, Fourth Item, Human Rights New York, May 25, 2005

Madame Chairperson:

As we have all listened to the many statements from our colleagues from around the world it is striking how there are common themes reflected throughout many of the interventions. The recommendations that we will make shortly arise from this consultation of representatives from around the world.

The on-going struggles of Indigenous Peoples to regain control of their lands and to administer their own affairs themselves is being subsumed under the more immediate need to defend their communities from so-called development projects that put their very survival at risk. In fact, under the prevailing economic model operating today, corporations have more rights than do Indigenous People.

The trade agreements by which this strange situation is enforced were conceived of in a way that lacked transparency. Nevertheless, the free trade plan is quickly taking over so many areas of life that no one is able to escape its reach. Many States have such unmanageable debt to multilateral lending institutions that they choose to sacrifice the futures of Indigenous Peoples when development on their land promises to produce revenue for over-burdened treasuries. Indigenous People owe no external debt.

We believe that in order to reflect the actual political realities operating today, it is necessary that both the World Trade Organization and the International Monetary Fund be present in future sessions of the Permanent Forum since they are the principal players whose policies are having such devastating impact on Indigenous Peoples around the world.

We also take note that, in general, when the Millennium Development Goals are discussed, women and children are incorporated as crosscutting issues. The Permanent Forum could serve to recast the debate within the United Nations by turning attention to the root causes of poverty for Indigenous Peoples, these being land and self-determination. Once Indigenous Peoples have control over their own affairs and over their land, they will be in a position to further the interests of women and children.

Recommendations for Future Work of the Permanent Forum:

1. That the issues of land and self-determination become the new crosscutting issues for the work of the next Permanent Forum.
2. That the Permanent Forum examine how it can be pro-active in recommending to ECOSOC that measures be taken in a timely manner to formulate a plan of action toward debt cancellation for the most overburdened nations and a restructuring of debt for the least developed countries in order to release funds needed to meet the MDGs. This debt relief should be contingent on States having a proven record of good governance as well as the commitment to invest appropriately in indigenous communities.
3. That a mechanism be put in place for the future Session of the Forum to insure that the protagonists of the current economic regime be present and accountable in discussion of the MDGs or any other issues as they relate to the concerns of Indigenous Peoples. Specifically we would like the World Trade Organization and the International Monetary Fund to participate in a meaningful way. We hope that such a dialog will serve as a model for the United Nations System to be duplicated in all discussions of the implementation of agreements that contribute to reaching the MDGs.

International Labor Organization's Convention 169

See this link for the entire text - http://www.unhchr.ch/html/menu3/b/62.htm

This link has a list of nations that have ratified ILO 169.

From Refugees to Empresarios

In 2003, concerned about the impact the Coffee Crisis would be having on the repatriated refugee groups, we went searching for them in the mountains of San Marcos Province in Guatemala. We found them dejected and worried about the future since it was obvious that they would end the harvest season with only more debt.

During Guatemala's civil war we provided support to Maya refugees living in Motozintla, Mexico in the form of mental health training for health promotors and more. We watched as they struggled for 8 years to obtain government help to acquire loans to buy large coffee plantations so that they could repatriate to a place that would provide them with a means of earning a living. Now, after heroic effort, our friends have achieved their dream of farming collectively in their homeland.

What makes them remarkable, is that they came through the suffering of losing home, family and community during the war with a conviction to take better care of one another. In exile they formulated their plan to farm collectively, leaving no one behind, and to rebuild their beloved country. It has been a great experience working with them.

PROGRESS AT NUEVO BULLAJ COMMUNITY: Sexto Sol is pleased to tell you that Nuevo Bullaj has entered into a partnership with Royal Coffee, a coffee importing company that does things the right way. Royal Coffee has helped them to be able to export their great coffee by providing them with pre-financing and paying a fair price. In January the community hosted representatives of Royal Coffee and Stumptown Coffee, the beloved Portland Roaster that provides this coffee to its customers.

Thanks to a small grant from the Rainforest Alliance and a week of constant work to paint and repair the original plantation house, the visit of our northern partners was the launch of the Eco-lodge Hotel Magnolia Miramar. Even thought the hotel is still very much a work in progress, the community greeted Royal and Stumptown folks with a marimba band and a banquet while the entire community sat smiling in the livingroom. Royal Coffee has since made a contribution to buy books for the library next to the middle school the community is building.

This is proof that the coffee business can be a win-win experience for all.

UNICEF claims that 10 million children have been traumatized by war in the last 10 years.

Strong Coffee: Former Refugees Grow Coffee on a Cooperative Farm in Guatemala

Coffee is grown in some of the most politically and culturally complex places in the world. For this very reason, the .richness. of a cup of a particular coffee can be more than a matter of flavor. In some special cases, the human qualities innate in a particular coffee give it profoundness beyond the taste experience. This added complexity is what makes the world of coffee so exotic and intriguing. The inspiring story of the new owners of the Nueva Eden coffee plantation in San Marcos province in Guatemala, all former refugees, is one such case.

The people of Guatemala are still reeling from 36 years of U.S. sponsored, brutal counter-insurgency war that largely targeted the majority Maya population. The army.s violence which destroyed over 500 Indian towns sent an estimated 250,000 people into exile. While 40,000 enjoyed the protection of United Nations sponsored refugee camps in Mexico, thousands of individuals chose to blend into the local population in the state of Chiapas, fearing that death squads would seek them out even in the camps. These .dispersed refugees. were former teachers, church workers, literacy teachers, leaders of women.s groups or participants in other such activities that the repressive forces deemed .subversive.. Therefore, among these refugees were people with the quality of leadership and the will to create a better conditions in their communities. They lived for 16 long years in this precarious illegal status in Mexico, but never lost the ambition to return to their beloved homeland to create a better society.

In 1992, the Association of Dispersed Refugees from Guatemala (ARDIGUA) formed to provide protection for these refugees and to begin the process of negotiating with their government for the conditions of their return. Their demands were simple; to be permitted to return in organized groups in a dignified manner rather than, as was the government.s preference, of individual families coming back to receive a few hundred dollars for resettlement and to blend in with the rest of the poor and landless. They refused to have their papers marked with the designation of .repatriated. like those who have only left to pick coffee for a few months. They wanted the truth of their persecution and of their survival as refugees to be recognized with the simple term of .retornado,. people who have now returned home.

ARDIGUA's plan was to obtain loans from the government to buy coffee plantations so that the people whose former homes, fields, and businesses had been lost would have a way to earn a living. What is extraordinary is that the plan from the beginning was to farm the plantations in a collective manner, something innovative for former corn farmers used to working alone in their fields. ARDIGUA organized refugees in Mexico with the message of creating Empresas Productivas Populares, or Collective Productive Enterprises upon their return.

They had no idea that it would take nearly 8 years, the occupations of two Guatemalan consular offices in Mexico and finally a hunger strike in front of the national palace before the government to finally would grant them the loans they needed. During those years they faced many devastating disappointments. More than once as people were packing for the triumphant return to Guatemala negotiations for purchase of several farms fell through. On the eve of finalizing one sale, the owner of the caved in to death threats from other plantation owners opposed to indigenous peasants becoming landowners on their scale. It is remarkable that they never gave up and today, two sizable coffee plantations are being farmed collectively by former refugees.

The 15 families who are the new owners of Nuevo Eden plantation are now picking their third harvest. But having struggled so long to get to this point, they now find themselves a bit overwhelmed with the prospect of managing the vast overgrown plantation. "We are corn farmers, we know we need technical help to face the challenges of producing coffee," one leader explained. But as another man put it, "The advantage of working together is that instead of when you are working alone and thinking that you are doing things right, here a compañero will see a better way they you never thought of. It makes us stronger."

When they arrived at Nuevo Eden they discovered that the former manager had stolen everything that was not "too heavy to move." Nevertheless they managed through the first harvest. However, as they are now picking coffee for the 2000 harvest, they face the uncertainty that plagues all coffee growers in the region who have no other way to sell their coffee than to the local middlemen. They can never know if the fluctuating and unpredictable price of coffee will cover the expense of production. Even so, they continue to pay better wages than their neighbors to the poor coffee pickers from the high country since, "We do not intend to exploit poor people since we know exactly what they are going through."

With the help of the Sexto Sol Center for Community Action, a NGO that provides consulting to peasant coffee growers they are just starting the process of preparing to export to buyers in the Specialty Market. This will involve much work but they see it as the only way that their hard won struggle will bring them the economic security they seek. This will include working for organic certification, Fair trade seals, and shade tree certification; all of the flags that will help turn the heads of potential buyers in their direction. Carlos Canoas hopes he can revive his early efforts to raise parasitoides wasps as biological control for the broca pest now that the others, who had thought that fumigating would get faster results, finally see that sustainable, organic methods will bring them a better price eventually. This harvest they are working to establish the practices that will ensure a high level of quality such as picking only the ripe berries, even though this extremely labor intensive practice will not bring them a better price in the short run.

They are determined to continue working collectively despite the fact that a third refugee plantation opted for .parcilización., dividing up the land into individual parcels. The benefits of unity are obvious. They have managed to wire all the dispersed houses so that for a few hours each night, the bulbs hanging over their kitchen tables illuminate their homes, a comfort on nights when the heavy rains pound loudly on the leaky tin roofs. And so they go on, step by step, in a truly magnificent example of determination, perseverance and fortitude from the years of despair and isolation in Mexico to the triumph of picking coffee from their own trees. At home at last with dignity.