According to an article published on December 1, 2017 by CBC
News, the governments of Canada-US-Mexico are presently engaged in a closed-door
negotiation process being framed as a “modernization” of the North American
Free Trade Agreement (NAFTA) which became instituted on January 1, 1994. The Canadian government has submitted a text
for consideration and secret negotiations among the trade representatives of
the three countries which they have branded the “Indigenous Chapter”.
You can’t get to December 1, 2017 from January 1, 1994
without having to go through September 13th, 2007, the day that the
United Nations General Assembly adopted the UN Declaration on the Rights of
Indigenous Peoples (UNDRIP). Any effort to “modernize” the North American Free
Trade Agreement (NAFTA) or any other international agreement affecting the
lands, territories, and other resources of Indigenous Peoples must now meet the
international standards established by the Declaration. Fundamental in establishing the context in
terms of International Human Rights Law for the standard setting purposes of
the declaration, is the unequivocal international recognition of the right of
Indigenous Peoples to Self Determination, “Equal
to all other peoples…”
In April of 2017, upon the 10th anniversary
celebration of the UNDRIP during the 16th session of the UN
Permanent Forum on Indigenous Issues, Oren Lyons (Faithkeeper, Turtle Clan,
Onondaga Nation, Haudenosaunee Confederacy) in his address to the United
Nations General Assembly made the call for the process of standard setting to
advance into the deliberations required to establish an International
Convention on the Rights of Indigenous Peoples.
The government of South Africa also made a statement during the 16th
Session of the UNPFII, reiterating the call for a UN Convention on the Rights
of Indigenous Peoples made by South Africa the year earlier:
“It is the strong view of my Government that serious thought be given to the elaboration of a Convention with legally binding norms and standards for the maximum promotion, protection and fulfilment of the rights of Indigenous Peoples.”
“It is the strong view of my Government that serious thought be given to the elaboration of a Convention with legally binding norms and standards for the maximum promotion, protection and fulfilment of the rights of Indigenous Peoples.”
South African National Statement to the 15th Session of the
United Nations Permanent Forum on Indigenous Issues
Yet the secretariat of the UN Permanent Forum on
the Rights of Indigenous Peoples made no mention of the call for a Convention
on the Rights of Indigenous Peoples in its final report on the 16th
session of the UNPFIP. Instead the
report emphasizes the System Wide Action Plan (SWAP) of the UN system now being
promoted officially as the guide for implementation of the rights of Indigenous
Peoples within the UN system of member states, even though the processes that
led to the SWAP were in themselves blatant violations of Self Determination and
the Right of Free, Prior and Informed Consent.
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