| Subject: [indigenous_peoples_literature] Land Reform Summit now being held in Switzerland Dear Friends, I just received a lot of email concerning a summit going on this week in Switzerland. It is related to that which will occur at the UN next month and I thougt you might like to hear excerpts from what has been said so far. Please note, that no matter from what part of the world they live, all indigenous peoples have a deep and devoted love for the land which we all live on. Lets hope that these words can truly bring about healing which we all know our planet needs. For more information, you can go to the web sites I have listed below. Thanks for listening. Glenn ============ Indigenous Peoples of the World (UN Indigenous Delegates to Land Reform Summit now being held in Switzerland) UNITED NATIONS WORKING GROUP ON INDIGENOUS POPULATIONS 17TH SESSION July 29, 1999 165 speakers "Spirit's breath beneath your feet, light fill the place behind your eyes, earth be gentle when you lean weary and her song hum in your veins as it always has." Reports by: NETWARRIORS FRONTLINE REPORTS http://www.hookele.com/netwarriors k@aloha.net Warriors@hookele.com UNPO Contact addresses: Office of the General Secretary Americas Coordination Office Tartu Coordination Office Javastraat 40a 444 North Capitol Street P.O. Box 414 2585 AP The Hague Suite 846 Tartu, EE 2400 the Netherlands Washington D.C., 20001-1570 Estonia tel: + 31-70-3603318 tel: + 1-202-637-0475 tel: + 372-406651 fax: + 31-70-3603346 fax:+1-202-637-0585 fax: + 372-405620 email: unpo@unpo.nl email: unposf@igc.apc.org email: unpotart@estpak.ee http://www.unpo.org Indigenous People and their relationship to land. Mr. Rainakon Baengra/Jharkandis Organisation for Human Rights: Jharkand region Mr. J. P. Mansayagan/Lumad Mindanaw Peoples Foundation: Luma people The relation to land the Lums people have is very extensive. Weaving together the spiritual and the physical aspects of the land. The land does not belong to them: they belong to the land. Africa Mr. Alfred Abora Illenre of the Ethnic Minority and Indigenous Rights Organization of Africa (EMIROA): Algeria Mr. Ikarbane Mohammed of the Mouvement Culturel Berbre: Niger Mrs. Zahara Mohamed Atayeb of the Association Tidawt: Mr. Dhanabir of the Centre for Progress of Manipur South Africa Mr. C. Le Fleur Ciriqua National Conference of South Africa: Mr. Joseph Little/National Khoi-Khoi and San Forum: Mr. S.S. Ole Timoi/Dupoto-e-Maa: The indigenous Maasai of Kenya Mr. Simon Charles/Hadzabe People: The Hadzabe The Hadzabe are hunters and gatherers living in Tanzania. They speak a unique language and are recognized as the first people to live in Tanzania. Joseph Ole Karia/MAA Development Association: Kenya Rhetoboth Community Namibia: The Rhetoboth always believed in special relation between IP and land. In their traditional society, a system is in place where the use of communal lands is regulated by the tribal council. These lands remain communal but use of them is granted to individual or groups. Therefore, the loss of land is not just a material loss but threatens the very essence of their society. The lands right issue is even more pressing as this is an area with a very fragile balance in nature. If they are not managed correctly the land will die. Today, their community is being held hostage by the water company. ============================================================= Asia An aboriginal Australian speaker excoriated the WGIP at length for "fooling" indigenous peoples. he appreaciated the voice that the forum gives indigenous peoples, but also talked about its failures to ackinowledge indigenous self-dettermination, and evne to undermine it. Given the "deceit and procrastination" in the working group, he was not surprised that Australia continud a pattern of abuses against anoriginal peoples. He called on the UN to examine cases like the Western Sahara tear down the duplicity he saw in its actions. Seychelles and Maurice Island Mr Georges H. Wuethrich: Chagossien - people of Chagos Nepal Mr. M.B. Krishna/Nepal Federation of Nationalities: Traditional knowledge is at the verge of extinction as it has been too long neglected. The relation to land is at the heart and base of the Indigenous culture. Cultural life has been deteriorating as a result of the loss of land. Ms Talkallie Mohammed/ Tin Hinan: Tuareg people Mr. Charles Perkins of National Aboriginal/Torres Strait Islander Legal Services Secretariat: India Mr. Marandi Anil Manohar of Chotanaghpur Adivasi Sewa Samiti: Jebra Ram Muchahary/Tribal Welfare Society: The Bodo people live in Asam. They form a group of 4 million people out of the 22 million inhabitants of Asam. The native land of the Bodo is very fertile and they are mainly agricultural people. Land is life for the tribal people of Asam. The land is part of their culture and identity and related to laws of inheritance and marital status. Mr. Urkhad Gwra Brahma/All Bodo Student Union: Senchumo Lotha/Naga Student Federation: The western part of Nagaland is occupied by Assam. Society of Zhoram Vengtu: The Zo land is located in the North East of the sub continent. Vendiaree Tsari Wshitaw Turner/Washitaw Muur Nation: Indigenous peoples love their land and have always loved it. They were ready to share that land with newcomers not knowing that their was a colonial plot to steal the land. Mr. Augustino Marayn/Bavasaig Community: The Barabaig Japan: Ms. K. Matsushima/AIP in the Ryukus - Uchinan Chu Ms. Y. Hasegawa/Ainu Association of Rera An Ainu representative detailed problems of assimilation in Japanese legislation, and reiterated that the government continued to deny Ainu participation in the creation of such legislation. Burma Mr. Malsawnliana/Chin Relief and Development Committee: The Chin people ============================================================= Europe Saami Sami council consisting of Sami and Finnish government officials Ms Aile Javoe of the Sami Council: Russia Lazaro Pary/Indian Movement Tupaj Amaru: Indian movement and one by the Aboriginals of north Russia. The indigenous question is inseparable from the land. The colonizer has broken the balance between IP and their land ============================================================= Latin America Amazon Sr. Antonio Jacanamijoy/ President of the Coordinadora: Mr Hubertus Samancun of International Alliance of Tribal People of the Tropic Forest: Guyana Mr. Jean Auberic Charles/Federation des Organisations Amerindiennes de Guyane Panama Kuna Mr. Estebancio Castro/Movimiento de la Juventud Kuna: Bolivia Mr. Ramopn Conde Mamami-Taller Historia Oral Andina: Peru Mrs. E. Daes: Mr. Antonio Iviche Onique of the Federacion Nativa del Rio Madre de Dios (FENAMAD) Chile Victor Alonquo Boudon/Sociedad para el Desarrollo Mapuche: Mrs. E. Daes: Aucan Huilcaman of the Consejo de todas las Tierras Mapuche Mexico Mr. Jesus Candelario Cocio/Congreso Nacional Indigena Union de Comunidades Indigenas Wixaritari de Mexico: Alejandro E. Cruz Lopez/ delegate of the Consejo Indigena Popular de Oaxaca "Ricardo Flores Magon", Mexico: The poverty of the Mexicans means they are an easy pray for multi nationals taking over the natural resources of the people of Mexico. Our culture that has existed for 1000 of years is thus threatened with destruction. Expressed his concerns regarding the rights of IP, and indicated that he wanted approval of the new legal instrument as soon as possible in order to contribute to improving the situation. He said that the people of Oaxaca had suffered invasion with terrible results, and that now they were suffering internal colonisation. He further stated that the indigenous people on Mexican territory in Oaxaca were in poverty and marginalised. The government had catalogued the area as one of great poverty with the lowest employment. Immigration and emigration had broken families. He stated that those who return, comeback with customs which break up the communities. He commented that the local and national government had tried to destroy organisations, such as the "Ricardo Flores Magon" organisation. He further states that 106 indigenous people had lost their children through beating and that survivors still suffer torture and beating. He called for individuals to be brought to book. Local government is not investigating crimes and the second most important post in country is occupied by someone involved in the crimes. The Mexican Government violates human rights, without the voice of human rights being heard and investigated under a system of the rule of law. On behalf of his organisation, he asked the UN to look into this. ===================== North America Haudenosaunee Nation (Iroquois) Mohawk Dr. Taiaiake Alfred of the University of Victoria (Mohawk Nation at Katinawake): He asked the group to consider one simple issue: that IP own their land. By refusing to acknowledge IP peoples' rights, states demonstrate their total prejudice and feeling of superiority against IP. He urged the working group to carry out work on racism and anti-discrimination, and to examine ways in which state laws and policies are founded on notions which contradict the spirit of equality and the principal of universal human rights. Chief Oren Lyons of the Haudenosaunee Nation: Stated that it was said by his people that spirituality was the highest form of politics. He stressed the title to lands lay in the hands of the future generations. For this reason he felt it was important, therefore, to protect the interest of future generations. He affirmed the rights of IP to ownership of their land. He noted that IP use respect as a law allowing IP to maintain a spiritual relationship with the land. CHEYENNE RIVER SIOUX TRIBE on Land "We Lakota call her Sacred Turtle Island. I am part of this land, she is my mother. I am speaking of land issues. ...I plead you to listen to the Lakota land and treaty issues. Justice and human rights belong to all humans." Navajo Helena Begay/Souvereign Dine Nation: All land is sacred to my nation and every day is a festive day as we pray to thank for life. The land dispute between the United States government and the Navajo-Hopi people continues to exist without a resolution. She seeks the HCHR to intervene in this crisis. They face a deadline to leave their lands before February 2000, so that a mining company can destroy their lands. They are under pressure to sign the relocation agreement or to be forced to be relocated to the new lands. These lands are radioactively contaminated areas. Their lands are being stripmined regardless of the presence of burial sites and holy places. They did not ask to be fenced in or to sign treaties but wish to live by their own traditional laws. She urged the special rapporteur to continue her good work. Dear Madam Chairperson and delegates: I am representing a joint statement for the Sovereign Dine Nation of Black Mesa Arizona from the United States and the Paul Nakoda Nation of Alberta, Canada. As Indigenous Peoples of America, we still value our land and its surroundings with respect. Coal mining companies are moving into our territories to meet the needs of other cities. At the growing rate of modern technology today, the need for electricity is increasing rapidly. While many people of the world are living comfortably, the living condition of the Indigenous Peoples are suffering. They are being removed of their ancestral lands to make way for mining industries. To remove people off their ancestral lands breaks their connection with their roots. In the Canada region, the Paul Nakoda community is suffering from mercury poisioning from the strip mining, contaminating the water and fish. Fishing is part of the traditional practices in the southern part of Canada. The Provincial Government of Alberta has given mining companies permission to begin a multi-strip mining project, near the town of Hinton, Alberta. The project will also have serious affects on the traditional hunting areas of Nakoda, Cree and Saulteau communities of that area. This project will also completely destroy their sacred sites and vision quest area. Among the Din people of Arizona, Peabody Coal Company is forcing its way through many ancestral burial sites, sacred sites and irreplaceable vegetation, some of which are medicinal herbs. Only leaving bare, tree-less hills behind, a wasted land with polluted air and ponds. Without hesitation, Peabody Coal Company continues its way towards more destruction of the land and its people. Approximately 2 million gallons of natural drinking water per day is flushing coal through a slurry pipeline some 273 miles away, causing the rivers and ponds to run dry, leaving animals with nothing to drink and people having to haul water up to 40 miles away. Residents adjacent to the open pit mines are in need of medical assistance from breathing polluted air, from the blastings and dust from heavy traffic on unimproved roads. Coal companies' invasions are forcing people and animals to relocate and reduce in numbers. The Creator placed us on the land to be caretakers. Unfortunately, we are limited to continue this mission and it is beyond our control. Our sacred sites (including homes) will be destroyed to meet the needs of the cities to live comfortably. Both Nations are experiencing serious problems and are suffering from local strip minings in each region. Madam Chair, we ask that these coal companies and industries get the local resident's consent first. We also ask these Indigenous peoples be informed of these issues before companies make their way through our backyards. On behalf of our nations, we thank you for your undivided attention. Websites for more information on the Din issues: http://www.solcommuinications.com http://www.theofficenet.com/~redorman/welcome.html Inuit of Canada Mr. Hjalmar Dahl Inuit Circumpolar Conference: Hawai'i Ms. Hokulei Lindsey of Na Koa Kalahui Hawai'i: By Chief Arthur Manuel, Neskonlith Band Chairman Shuswap Nation Tribal Council Spokesperson for the Interior Alliance Geneva, Switzerland Thank you again, Madame Chair and Working Group Members; First of all let me explain that within our hearts Aboriginal title is a reality. My father - the late Grand Chief George Manuel - believed in Aboriginal title all his life. He taught me that indigenous Peoples have a historical, legal, constitutional and most importantly a life giving relationship with our traditional territories. This trip to Geneva is significant to my family and I because it is the first time we have come to Europe. It is the first time in our life that we are standing on lands that the white man has a right over and we as indigenous people are merely guests. I am therefore very grateful to the people of Switzerland for allowing us to be here. The United Nations must understand that the indigenous Peoples of the Interior Alliance have given the world the basis for all nations and all people to come together. Our traditional territories as indigenous Peoples are the grounds upon which Canada and the United States now exist. We only ask that our Aboriginal title be recognized and reconciled with the human rights of our settlers so we can equally and fairly share in our lands forever. I do not believe this is happening in Canada today. The existing 1986 Comprehensive Claims Policy in Canada falls short of this goal. It is merely a policy of "surrender and grant back". It simply means we are expected to surrender our Aboriginal title. For example in the Nisga'a Agreement, the Nisga'a have surrendered their Aboriginal title for provincial fee simple property rights. Consequently, we do not accept the Nisga'a Agreement as a template agreement. Nevertheless, the federal and provincial governments continue push the surrender and grant back concepts contained in the Nisga'a Agreement through the British Columbia Treaty Process (BCTC). I recently met with the Chief and Council of the Westbank Indian Band in order to find ways the Interior Alliance can support them. They will begin logging soon without federal or provincial government approval. The Westbank Indian Band, like other Indian Bands in the BCTC process, are frustrated with the fact that Canada is using the Nisga'a Agreement as the high water mark. I believe that if Canada does not replace their existing 1986 Comprehensive Claims Policy with a mutually agreed to policy more frustration will build in British Columbia. I have told the Canadian government that if we cannot find a way to make peaceful negotiations possible then we will open the door to confrontation. I believe that indigenous Nations in British Columbia and the Canadian government is at a crossroads. The opportunities we face are very important. Aboriginal title can be treated as a colonial commodity to be surrendered and extinguished or it can be recognized and reconciled with Crown title. We can either neo-colonize or de-colonize First Nations Peoples. It is my opinion that Gathering Strength is an effort to neo-colonize my people. I believe in what my late father told me that talking about self-government is a useless exercise if your Aboriginal title is not first recognized. Furthermore, I believe that the Royal Commission on Aboriginal Peoples Report is correct when it states that Gathering Strength is possible only if Aboriginal title is fairly and equally dealt with. In conclusion I would like to say that Canadians are facing a fundamental decision of whether or not to recognize Aboriginal title. The Supreme Court of Canada has taken a small step in that direction in the Delgamuukw case. It is now up to the Executive Branch on whether or not they will accept this judicial direction and substantially change the 1986 Comprehensive Claims Policy. Our Interior Alliance Nations are currently preparing two separate draft Bilateral Framework Agreements, which set out a research and negotiation process. One for negotiating with Canada and the other one to negotiate with the province of British Columbia. We are relying on the Delgamuukw decision as a basis for the proposed negotiations to recognize, accommodate and reconcile our Aboriginal title with Canada's assertion of sovereignty. I shall keep you informed on developments in this area as well as submit a response to the Second Progress Report. I would also like to leave some material with you regarding our position. In closing, we would like to take this opportunity to extend an invitation to the Special Rapporteur to visit our area to discuss our concept of Aboriginal title and rights if your schedule permits and you are so inclined. Kukstemc - Thank you Apache Survival Coalition San Carlos Apache Reservation P.O. Box 1237 San Carlos, AZ 85550 USA Tel. 001 520 475 2543 COMMISSION ON HUMAN RIGHTS Sub-Commission on Prevention of Discrimination and Protection of Minorities Working Group on Indingenous Peoples' Seventeenth Session July 26-30, 1999 July 28, 1999 Item 5: Principle Theme: Indigenous Peoples' and their Relationship to Land Madam Daes, Chairperson: I am Ola Cassadore Davis, an enrolled member of the San Carlos Apache Tribe, located in western Arizona. We Apache people most earnestly seek the protection of this august body of the United Nations from the destruction of our culture and human rights by U.S., German, Italian and Vatican astronomers and their sponsoring governmental agencies focused upon a most sacred Apache mountain Dzil Nchaa Si An (Mount Graham) in Arizona. They are now building three telescopes on this most holy and ancient Apache place. We Apache wish to preserve in perpetuity our rights as secured under Indian treaties and agreements with the United States, including the Constitution of the United States, including the First Amendment, the American Indian Religious Freedom Act, the Civil Rights Acts, the National Historic Preservation Act, U.S. Executive Order 13007, and any other laws, including but not limited to the federal trust responsibilities of the U.S. government to Indian people. We Apache wish to bring to the people of this world a better understanding of Indian people, in order that we are able to preserve and freely live by our traditional culture and religious beliefs. The landform Dzil Nchaa Si An (Mount Graham) in Arizona is a central source and means of sacred spiritual guidance and a traditional cultural property of the Apache people, and a unique place on Earth through which Apache people's prayers travel to the Creator, and Dzil Nchaa Si An is presently being desecrated and harmed by the cutting of ancient forest, digging, and road building, and the installation of telescopes sponsored by the University of Arizona of Tucson, Arizona, various Max Planck Institutes of Germany, the Arcetri Observatory of Florence, Italy, the Vatican Observatory of Rome, Italy and Ohio State University in Columbus, Ohio. Apache spiritual leaders and medicine men and women have previously signed a petition opposing that desecration and such harms; and the San Carlos Apache Tribal Council has voted four times to oppose the installation of the observatory, most recently on June 13, 1995; and documents and testimony in the archives of the University of Arizona and U.S. government confirm the cultural and religious importance of this land. We Apache were greatly encouraged by the information gathering here in Arizona, and the findings and report of United Nations Special Rapporteur Mr. Abdelfattah Amor in 1998 and 1999. Dzil Nchaa Si An (Mount Graham) should be considered as a World Heritage Site. On May 24, 1996, the President of the United States issued Executive Order 13007 requiring that all U.S. land management agencies shall "protect the physical integrity of Indian Sacred Sites" and all unrestricted access by Indians thereto. So far, that Presidential Order has not been enforced on our Sacred Mountain. On June 16, 1999 the U.S. Department of Agriculture Forest Service sent a letter to officials of the San Carlos Apache Tribe acknowledging that Mount Graham "is very important to the Apaches," and that "The Forest Service has, already, enough information to consider the mountain sacred under the American Indian Religious Freedom Act, the Religious Freedom Restoration Act, and the First Amendment." But the U.S. Department of Agriculture Forest Service has taken no positive action on those words. To this day, they have worked hard against us traditional Apaches. Section 16 of the U.S. Department of Agriculture Forest Service's Special Use Permit for the observatory on the mountain, which was signed by the University of Arizona and the Forest Service, states that "If...the Secretary of Agriculture...shall determine that the public interest requires termination of this permit, this permit shall terminate upon thirty days' written notice..." That permit provides for a payment of up to U.S. $10,000 to the University of Arizona by the U.S. to help defray the costs of removing the observatory from the mountain. In conclusion, we Apache would respectfully urge this body of the United Nations to recognize and acknowledge that the disrespect and suffering caused by the nations and governments mentioned above be terminated forthwith. We Apache petition you for a resolution consistent with the National Congress of American Indians of 1993, 1995 and July 1999. They stated that the public interest in protecting Apache culture is compelling, and that the U.S. Secretary of Agriculture should accordingly require the prompt removal of the telescopes from Mount Graham. Thank you for your continued attention to this matter. Respectfully yours, Statement and Petition to the United Nations To Protect the Indian Sacred Site, Dzil Nchaa Si An (Mount Graham) by Ola Cassadore Davis. Statement/intervention read out on July 29, 1999 by Daniel Zapata, Peabody Watch Arizona. Ola Cassadore Davis, Chairperson Apache Survival Coalition San Carlos Apache Reservation P.O. Box 1237 San Carlos, AZ 85550 USA Tel. 001 520 475 2543 The Power of Peace eGroups.com home: http://www.egroups.com/group/indigenous_peoples_literature http://www.egroups.com - Simplifying group communications | |
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