March 11, 2020
The Right Honourable Justin Trudeau Prime Minister of Canada
House of Commons
Ottawa, ON K1A 0A6
Via Email: pm@pm.gc.ca
The Honourable Chrystia Freeland
House of Commons
Ottawa, ON K1A 0A6
Via Email: pm@pm.gc.ca
The Honourable Chrystia Freeland
Deputy Prime Minister and
Minister of Intergovernmental Affairs
House of Commons
Ottawa, ON K1A 0A6
Ottawa, ON K1A 0A6
Via Email: DPM-VPM@dpmo-cvpm.gc.ca
The Honourable François-Philippe Champagne:
Minister of Foreign Affairs
The Honourable François-Philippe Champagne:
Minister of Foreign Affairs
House of Commons
Ottawa, ON K1A 0A6
Ottawa, ON K1A 0A6
Via Email: Francois-Philippe.Champagne@parl.gc.ca
RE: Canada’s Immediate Delay of the Ratification of the United States-Mexico-Canada Agreement (USMCA)
Dear the Right Honourable Justin Trudeau, Honourable Chrystia Freeland and Honourable François- Philippe Champagne:
We are writing with respect to UBCIC Resolution 2020-06, “Call for USMCA and Signatories to Uphold the UN Declaration,” which was presented, affirmed and endorsed unanimously at the UBCIC Chiefs Council on February 27, 2020 (enclosed).
RE: Canada’s Immediate Delay of the Ratification of the United States-Mexico-Canada Agreement (USMCA)
Dear the Right Honourable Justin Trudeau, Honourable Chrystia Freeland and Honourable François- Philippe Champagne:
We are writing with respect to UBCIC Resolution 2020-06, “Call for USMCA and Signatories to Uphold the UN Declaration,” which was presented, affirmed and endorsed unanimously at the UBCIC Chiefs Council on February 27, 2020 (enclosed).
By Resolution 2020-06, the UBCIC Chiefs Council pointed to
the ongoing detrimental impacts of mega-scale development projects upon
Indigenous Title and Rights and the concerns expressed by Indigenous peoples
and organizations over the human rights abuses and violations of free, prior
and informed consent (FPIC) that the USCMA could stand to sanction.
Given that the US and Mexico have already ratified the
free-trade agreement and Canada is the process of reviewing and debating Bill
C-4, An Act to implement the Agreement between Canada, the United States of
America and the United Mexican States, it is imperative that Canada immediately
take the integral steps to ensure that the USMCA and forthcoming international
trade agreements are accompanied and contextualized by the UN Declaration on
the Rights of Indigenous Peoples.
Consequently, by Resolution 2020-06 the UBCIC Chiefs Council
calls upon your government, the Intergovernmental Affairs Secretariat, and the
Department of Global Affairs to immediately delay Canada’s ratification of the
USCMA until you can ensure that the USCMA meets Canada’s constitutional and
international human rights obligations. It is critical that the USCMA is
consistent with Canada’s commitment to federal legislation that will implement
the UN Declaration, and that Bill C-4 adequately reflects Canada’s
accountability to FPIC and the Indigenous rights and fundamental freedoms
enshrined in this important human rights instrument.
At a time when resource extraction projects and investment
deals are imperiling the human rights of Indigenous peoples on a global scale,
Canada must be an exemplar of respectful and informed leadership – we urge you to make international agreements that
privilege reconciliation and justice over corporate greed and environmental
destruction.
We look forward to your response.
On behalf of the UNION OF BC INDIAN CHIEFS
Grand Chief Stewart Phillip
President
Chief Don Tom
Vice-president
Kukpi7 Judy Wilson
Secretary-Treasurer
President
Chief Don Tom
Vice-president
Kukpi7 Judy Wilson
Secretary-Treasurer
CC: UBCIC Chiefs
Council
Tonatierra
Tonatierra
###
UNION OF B.C. INDIAN CHIEFS
CHIEFS COUNCIL
FEBRUARY 26TH-27TH, 2020
MUSQUEAM COMMUNITY CENTRE, XʷMƏΘKʷƏY̓ƏM (MUSQUEAM TERRITORY)
Resolution no. 2020-06
RE: Call for USMCA and Signatories to Uphold the UN
Declaration
WHEREAS the US-Mexico-Canada-Agreement (USMCA) represents a
free trade deal that will replace the North American Free Trade Agreement
(NAFTA) and introduce new policies around labour and environmental standards,
intellectual property protections, and digital trade;
WHEREAS US, Canada, and Mexico are perpetuating historic
patterns of Indigenous rights abuses and violations of free, prior and informed
consent (FPIC) through large-scale development projects that the USMCA must be
contextualized alongside. The Dakota Access Pipeline in the States, the Coastal
Gaslink Pipeline in Canada, and the Maya Train project in Mexico have been
criticized by various bodies of the UN for their failure to comply with the
international standards of consultation and FPIC, and for the harassment and
intimidation land defenders opposed to these projects have faced;
WHEREAS the United Nations Declaration on the Rights of
Indigenous Peoples, which the government of Canada has adopted without
qualification, and has, alongside the government of BC, committed to implement,
affirms:
Article 19: States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
Article 32(1): Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. (2): States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
Article 38: States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration;
WHEREAS in September 2019 Tonatierra, a non-profit
Indigenous rights organization based in Arizona, appealed to the USCMA Working
Group of the US House of Representatives and called for a public hearing to
address the systemic disregard for the rights of Indigenous people, stating: “There can be no approval of USMCA without recognition, respect, and effective
mechanisms for the protection of the internationally recognized Human Rights of
Indigenous Peoples in the trade zone encompassing the three countries, specifically the right of Free, Prior, and Informed Consent
(FPIC)”;
WHEREAS Tonatierra pointed to the Indigenous Peoples of
Mexico who convened in the Zapatista territories to make known their
“determined opposition to the imposition of the USCMA scale megadevelopment projects that are already being illegally
implanted,” and stated that if the US Congress should approve the USCMA they
would be “complicit in a deliberate act of international aggression against the
Indigenous Peoples of Mexico”;
WHEREAS after their messages were ignored and the Senate
Finance Committee passed the USMCA on January 9, 2020, Tonatierra renewed their
calls for the signatories of the USCMA to meet the minimum standards of FPIC,
and wrote to US Senator Kyrsten Sinema about the legal imperative to hold a
public hearing that would inform US congressional representatives and the
public about the right of Indigenous peoples to FPIC; and
WHEREAS the USCMA has now been ratified by Mexico and the
US, and is currently awaiting ratification from Canada, upon which the
agreement will go into effect after 90 days.
THEREFORE BE IT RESOLVED the UBCIC Chiefs Council fully
supports the call for a public hearing to inform the public and the appropriate
legislative representatives on the violations of FPIC that have resulted from
government backed projects and to communicate to the American, Mexican, and
Canadian governments that any international commercial agreement must be
accompanied and contextualized by the UN Declaration on the Rights of Indigenous
Peoples;
THEREFORE BE IT FURTHER RESOLVED the UBCIC Chiefs Council
opposes any actions by the US, Canada, and Mexico that breach the international
standards of FPIC and consultation, and calls upon the federal government of
Canada to delay ratification of the USCMA until they can ensure that the USCMA
meets Canada’s constitutional and international human rights obligations and is
consistent with their commitment to federal legislation that will implement the
UN Declaration; and
THEREFORE BE IT FINALLY RESOLVED the UBCIC Chiefs Council
directs the UBCIC Executive and staff to work alongside Tonatierra and other
like-minded organizations to compel Canada, Mexico and the US to take immediate
action to ensure that the USMCA will be fully inclusive of Indigenous rights
and will not prioritize investment deals or development projects over the
welfare of Indigenous Peoples.
Moved: Ruby
Manilla, Da'naxda'xw/Awaetlala Nation (Proxy)
Seconded: Chief Donna Aljam, Nicomen Indian Band
Disposition: Carried
Seconded: Chief Donna Aljam, Nicomen Indian Band
Disposition: Carried
Date: February 27,
2020
Regional Council of Indigenous Peoples
From here, from these mountains of the Sierra, our message to you is that although we may live far from each other, I believe that we have to continue fighting for our Mother Earth and to defend our natural resources for I believe that the Original Nations of Indigenous Peoples are of the earth, and we are fully aware and convinced that our struggle is for life, for the life not only of our Indigenous Peoples but of the millions of people who inhabit this planet and therefore that we should not back down in our struggle, but on the contrary I believe we must look for linkages of communication so we can continue strengthening each other in the common struggle, and from here in Pahuatlán we shall also continue fighting to not let these megaprojects advance in our traditional territories.
The Monroe Doctrine of 1823 is the US government’s continental extrapolation of the 1823 Johnson v. M’Intosh decision of the US Supreme Court which established the Doctrine of Discovery of Christendom as the fundamental law of the entire juridical system of the United States of America. All US property law, which also includes the possession of US citizenship as a property concept tied to the institutions of American “white” supremacy, is based on this legaloid doctrine. Under the tenets of the Monroe Doctrine, Uncle Sam replaced the Vatican as the Chairman of the Board for the corporate state regimes in the ongoing colonization of the Americas.
“Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, services, and investment, nothing in this Agreement shall preclude a Party from adopting or maintaining a measure it deems necessary to fulfill its legal obligations to Indigenous Peoples.”
With the adoption of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP 2007) which affirms the international right of Indigenous Peoples to Self Determination, equal to all other peoples, the purported claims of dominion of the colonial states over the inherent human rights of the Original Nations of Indigenous Peoples comes to its demise as a legitimate principle in the rule of International Law. The Original Nations of Indigenous Peoples are free to determine their own future in their own terms on their own territories in our continent of the Great Turtle Island Abya Yala.
Since UNDRIP, no state, no matter how benign, can legitimately delegate, define or diminish these collective Indigenous Rights. It falls to the states to recognize, respect, and institute guarantees for the Protection of the Rights of Indigenous Peoples with effective restorative consequences for the violation of these rights.
In this sense, the critical question of historical context that emerged in contrast and contradiction in the Zócalo of Mexico City on December 1, 2019 was punctuated by the signing in approval of the final draft text of the USMexicoCanada Agreement 2018 (USMCA) on the evening of November 30, the night before, by exiting Mexican president Enrique Peña Nieto. The USMCA is being promoted as a revised and “modernized” version of the 1994 North American Free Trade Agreement (NAFTA) between Canada, the USA, and Mexico.
Just as on January 1, 1994 with the original NAFTA, December 1, 2018 marked the latest updated version of the colonial project of corporate capitalism riding south from the Rancho Grande of North America. Now disguised as a development strategy in alignment with the UN Sustainable Development Goals 2030, the US-Mexico-Trade Agreement is being unleashed.
The events unfolding in the present Standoff at Wet’suwet’en are a defining moment that will set the precedent and process for how conflicts involving the rights of Indigenous Peoples to Free, Prior, and Informed Consent will be addressed and resolved. A telling narrative in the ongoing struggle is also unfolding concurrently in Pahuatlan, Puebla, Mexico where the Indigenous Peoples have also faced off against the same TC Energy petrochemical corporation (previously TransCanada) who operates seven pipelines in Mexico.
In fact, when Mexican president Andres Manuel Lopez Obrador (AMLO) announced in January 2020 that in consequence to the demands of the Indigenous Peoples of Pahuatlan, Mexico invoking their rights to FPIC that one of the TC Energy pipelines would have to be rerouted, the violation of the Right of Indigenous Peoples to Free Prior and Informed Consent regarding economic development projects that impact their Human Rights and territories became an issue of FINANCIAL LIABILTY for the constituencies of the states, and shareholders of the corporations operating in complicity and collusion behind the view of public oversight.
BNN Bloomberg cites analysts as saying the action by AMLO in Mexico could create a risky precedent for indigenous communities that are already protesting a number of pipeline projects. This has already led to a decline in investments.
Final Clarifications:
1.) The designation of Indigenous Peoples in the CUSMA-USMCA-TMEC is definitive, in terms of the recognition of Indigenous Peoples as “peoples”. In the context of the 2007 UN Declaration on the Rights of Indigenous Peoples, which was not yet in place in 1994 during the original NAFTA agreement, the recognition of Indigenous Peoples in an international commercial agreement necessarily is accompanied and contextualized by the recognition of the Rights of Indigenous Peoples as articulated and affirmed in the principles and articles of the UN Declaration on the Rights of Indigenous Peoples.
2) The principle of non-discrimination is a preemptive norm in international law. Therefore, the recognition of Indigenous Peoples as “peoples” in USMCA Article 32.5 Indigenous Peoples Rights must be taken as an affirmation and commitment to uphold, recognize, respect, and institute guarantees of protection for the collective rights of Indigenous Peoples, equal to all other peoples, without illegal or arbitrary discrimination, including effective consequences in the form of legal remedies to address the violation of these rights. Colonization must not be disguised as development.
3) Consultation is not the same as consent. The UN Declaration on the Rights of Indigenous Peoples affirms the right of Free, Prior and Informed Consent in culturally appropriate manner for all economic development projects that impact the territories and human rights of Indigenous Peoples.
4) The official text in Spanish (or any indigenous language) of the CUSMA-USMCA-TMEC agreement was never published in Mexico or anywhere else until the date of December 5, 2018 when our sister organization TONATIERRA requested an official copy at the offices of the Mexican consulate in Phoenix, Arizona. Without having the text of the USMCA agreement in advance, there is no legitimate or rational narrative that can explain how the Indigenous Peoples of Mexico have been consulted at least with respect to the protection of their particular and collective rights in the CUSMA-USMCA-TMEC, much less taken into account with the opportunity to approve or DENY CONSENT.
We demand an accounting and moratorium on the approval of the CUSMA-USMCA-TMEC until the right of Indigenous Peoples to Free, Prior and Informed Consent is recognized, respected and effective mechanisms of protection are instituted to correct the violation of this right, as is now happening in the Standoff at Wet’suwet’en.
We call for all Original Nations of Indigenous Peoples to stand in defense of the Territorial Integrity of Mother Earth.
This preliminary study establishes that the Doctrine of Discovery has been institutionalized in law and policy, on national and international levels, and lies at the root of the violations of indigenous peoples’ human rights, both individual and collective. This has resulted in State claims to and the mass appropriation of the lands, territories and resources of indigenous peoples. Both the Doctrine of Discovery and a holistic structure that we term the Framework of Dominance have resulted in centuries of virtually unlimited resource extraction from the traditional territories of indigenous peoples. This, in turn, has resulted in the dispossession and impoverishment of indigenous peoples, and the host of problems that they face today on a daily basis.
###
Regional Council of Indigenous Peoples
in
Defense of the Territory Puebla-Hidalgo, Mexico
February
10, 2020
Pahuatlán, Puebla, Mexico
From
Nation to Nation: Message to
Wet’suwet’en
Message from Ortencia Reyes Valdivia to
the defenders of the Wet’suwet’en’ Territory in the fight against the invasion
of the
TC Energy Corporation (TransCanada)
[British Colombia, Canada]
Relatives,
From here, from these mountains of the Sierra, our message to you is that although we may live far from each other, I believe that we have to continue fighting for our Mother Earth and to defend our natural resources for I believe that the Original Nations of Indigenous Peoples are of the earth, and we are fully aware and convinced that our struggle is for life, for the life not only of our Indigenous Peoples but of the millions of people who inhabit this planet and therefore that we should not back down in our struggle, but on the contrary I believe we must look for linkages of communication so we can continue strengthening each other in the common struggle, and from here in Pahuatlán we shall also continue fighting to not let these megaprojects advance in our traditional territories.
USMCA - Indigenous Peoples from Mexico, US, Canada : "We Deny Consent"
The Monroe Doctrine (1823) and USMCA 2020:
From the Doctrine of Discovery
to the
UN Development Goals 2030
US President D.Trump signing the USMCA at the White House, Washington, DC January 29. 2020
In our letter to the USMCA Working Group of the US House of
Representatives on September 13th 2019, we informed the Working Group members
and House Speaker Pelosi that upon review of the public record of debate
concerning the Human Rights of Indigenous Peoples in the context of the
proposed US-Mexico-Canada Agreement (USMCA), the systemic disregard for the
human rights of Indigenous Peoples is blatantly discriminatory, unacceptable
and must be addressed before the agreement be put to vote. Completely disregarding this message, the
House of Representatives passed the USMCA on December 19th, and the Senate
Finance Committee then passed the United States-Mexico-Canada Agreement on
January 9, 2020. On January 16th, the full US Senate advanced the legislation for signature into US law by US President D.Trump.
During the entire process, there has been no substantive and responsible participation of Indigenous Peoples, in full and complete recognition of the right to Self Determination, as Indigenous Peoples equal to all other peoples, and not simply rubber stamp "Feathered Folk" working to diminish the Inherent Human Rights of the Original Nations of Indigenous Peoples under the development agenda of the corporate-state cartels for whom the USMCA-CUSMA-TMEC was designed to serve.
During the entire process, there has been no substantive and responsible participation of Indigenous Peoples, in full and complete recognition of the right to Self Determination, as Indigenous Peoples equal to all other peoples, and not simply rubber stamp "Feathered Folk" working to diminish the Inherent Human Rights of the Original Nations of Indigenous Peoples under the development agenda of the corporate-state cartels for whom the USMCA-CUSMA-TMEC was designed to serve.
WE DENY CONSENT.
Continental Commission Abya Yala
***********
The Monroe Doctrine of 1823 is the US government’s continental extrapolation of the 1823 Johnson v. M’Intosh decision of the US Supreme Court which established the Doctrine of Discovery of Christendom as the fundamental law of the entire juridical system of the United States of America. All US property law, which also includes the possession of US citizenship as a property concept tied to the institutions of American “white” supremacy, is based on this legaloid doctrine. Under the tenets of the Monroe Doctrine, Uncle Sam replaced the Vatican as the Chairman of the Board for the corporate state regimes in the ongoing colonization of the Americas.
*******
UN Declaration on the Rights
of Indigenous Peoples (2007)
Article 18
Indigenous
peoples have the right to participate in decision-making in matters which would
affect their rights, through representatives chosen by themselves in accordance
with their own procedures, as well as to maintain and develop their own
indigenous decision-making institutions.
From the text of CUSMA-USMCA-TMEC:
Subject to Legal Review for Accuracy, Clarity, and Consistency
Subject to Language Authentication
32-1
CHAPTER 32 EXCEPTIONS AND GENERAL PROVISIONS
Section A – Exceptions
Article 32.5: Indigenous Peoples Rights
Subject to Legal Review for Accuracy, Clarity, and Consistency
Subject to Language Authentication
32-1
CHAPTER 32 EXCEPTIONS AND GENERAL PROVISIONS
Section A – Exceptions
Article 32.5: Indigenous Peoples Rights
“Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, services, and investment, nothing in this Agreement shall preclude a Party from adopting or maintaining a measure it deems necessary to fulfill its legal obligations to Indigenous Peoples.”
******************
With the adoption of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP 2007) which affirms the international right of Indigenous Peoples to Self Determination, equal to all other peoples, the purported claims of dominion of the colonial states over the inherent human rights of the Original Nations of Indigenous Peoples comes to its demise as a legitimate principle in the rule of International Law. The Original Nations of Indigenous Peoples are free to determine their own future in their own terms on their own territories in our continent of the Great Turtle Island Abya Yala.
Since UNDRIP, no state, no matter how benign, can legitimately delegate, define or diminish these collective Indigenous Rights. It falls to the states to recognize, respect, and institute guarantees for the Protection of the Rights of Indigenous Peoples with effective restorative consequences for the violation of these rights.
In this sense, the critical question of historical context that emerged in contrast and contradiction in the Zócalo of Mexico City on December 1, 2019 was punctuated by the signing in approval of the final draft text of the USMexicoCanada Agreement 2018 (USMCA) on the evening of November 30, the night before, by exiting Mexican president Enrique Peña Nieto. The USMCA is being promoted as a revised and “modernized” version of the 1994 North American Free Trade Agreement (NAFTA) between Canada, the USA, and Mexico.
Just as on January 1, 1994 with the original NAFTA, December 1, 2018 marked the latest updated version of the colonial project of corporate capitalism riding south from the Rancho Grande of North America. Now disguised as a development strategy in alignment with the UN Sustainable Development Goals 2030, the US-Mexico-Trade Agreement is being unleashed.
Of the three countries engaged in
the CUSMA-USMCA-TMEC, Canada was the only government that provided
reference of context for this operative Article regarding the rights of
Indigenous Peoples. This implies that
the Canadian interpretation of standards regarding Indigenous Peoples Rights
across the entire CUSMA-USMCA-TMEC market zone will prevail.
The events unfolding in the present Standoff at Wet’suwet’en are a defining moment that will set the precedent and process for how conflicts involving the rights of Indigenous Peoples to Free, Prior, and Informed Consent will be addressed and resolved. A telling narrative in the ongoing struggle is also unfolding concurrently in Pahuatlan, Puebla, Mexico where the Indigenous Peoples have also faced off against the same TC Energy petrochemical corporation (previously TransCanada) who operates seven pipelines in Mexico.
In fact, when Mexican president Andres Manuel Lopez Obrador (AMLO) announced in January 2020 that in consequence to the demands of the Indigenous Peoples of Pahuatlan, Mexico invoking their rights to FPIC that one of the TC Energy pipelines would have to be rerouted, the violation of the Right of Indigenous Peoples to Free Prior and Informed Consent regarding economic development projects that impact their Human Rights and territories became an issue of FINANCIAL LIABILTY for the constituencies of the states, and shareholders of the corporations operating in complicity and collusion behind the view of public oversight.
BNN Bloomberg cites analysts as saying the action by AMLO in Mexico could create a risky precedent for indigenous communities that are already protesting a number of pipeline projects. This has already led to a decline in investments.
Final Clarifications:
1.) The designation of Indigenous Peoples in the CUSMA-USMCA-TMEC is definitive, in terms of the recognition of Indigenous Peoples as “peoples”. In the context of the 2007 UN Declaration on the Rights of Indigenous Peoples, which was not yet in place in 1994 during the original NAFTA agreement, the recognition of Indigenous Peoples in an international commercial agreement necessarily is accompanied and contextualized by the recognition of the Rights of Indigenous Peoples as articulated and affirmed in the principles and articles of the UN Declaration on the Rights of Indigenous Peoples.
2) The principle of non-discrimination is a preemptive norm in international law. Therefore, the recognition of Indigenous Peoples as “peoples” in USMCA Article 32.5 Indigenous Peoples Rights must be taken as an affirmation and commitment to uphold, recognize, respect, and institute guarantees of protection for the collective rights of Indigenous Peoples, equal to all other peoples, without illegal or arbitrary discrimination, including effective consequences in the form of legal remedies to address the violation of these rights. Colonization must not be disguised as development.
3) Consultation is not the same as consent. The UN Declaration on the Rights of Indigenous Peoples affirms the right of Free, Prior and Informed Consent in culturally appropriate manner for all economic development projects that impact the territories and human rights of Indigenous Peoples.
4) The official text in Spanish (or any indigenous language) of the CUSMA-USMCA-TMEC agreement was never published in Mexico or anywhere else until the date of December 5, 2018 when our sister organization TONATIERRA requested an official copy at the offices of the Mexican consulate in Phoenix, Arizona. Without having the text of the USMCA agreement in advance, there is no legitimate or rational narrative that can explain how the Indigenous Peoples of Mexico have been consulted at least with respect to the protection of their particular and collective rights in the CUSMA-USMCA-TMEC, much less taken into account with the opportunity to approve or DENY CONSENT.
We call for the public
constituencies of Mexico-US-Canada to raise their voice of protest and in
denunciation that the public institutions of government are being subverted to
the criminal and dehumanizing service of the international corporate cartels of
PETROPOLIS.
We demand an accounting and moratorium on the approval of the CUSMA-USMCA-TMEC until the right of Indigenous Peoples to Free, Prior and Informed Consent is recognized, respected and effective mechanisms of protection are instituted to correct the violation of this right, as is now happening in the Standoff at Wet’suwet’en.
We call for all Original Nations of Indigenous Peoples to stand in defense of the Territorial Integrity of Mother Earth.
*********
Free Prior and Informed Consent (FPIC)
All Peoples have the right to self-determination. It is a fundamental principle in international law, embodied in the Charter of the United Nations and the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The standard, Free, Prior and Informed Consent (FPIC), as well as Indigenous Peoples’ rights to lands, territories and natural resources are embedded within the universal right to self- determination. The normative framework for FPIC consists of a series of international legal instruments including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the International Labour Organization Convention 169 (ILO 169), and the Convention on Biological Diversity (CBD), among many others.
FPIC is a specific right that pertains to Indigenous Peoples and is recognized in the UNDRIP. It allows them to give or withhold consent to a project that may affect them or their territories. Once they have given their consent, they can withdraw it at any stage. Furthermore, FPIC enables them to negotiate the conditions under which the project will be designed, implemented, monitored and evaluated.
Consultation is not consent.
January 14, 2020
January 10, 2020
*********************
*********************
TMEC y el Derecho de ConsentimientoLibre, Previo e Informado
La violación sistemática del derecho de Consentimiento
Libre, Previo e Informado en los megaproyectos como el Tren Maya y el Tren
Transístmico como es estipulado en Declaración de Derechos de los Pueblos
Indígenas de Naciones Unidas (2007), igual como se presenta en el caso del
Acueducto Independencia en Sonora con el robo del Rio Yaqui, hace imposible la
ratificación legitima del acuerdo TMEC (USMCA) en el congreso de los Estados
Unidos. La consulta fabricada no es el consentimiento.
Free Prior and Informed Consent (FPIC)
All Peoples have the right to self-determination. It is a fundamental principle in international law, embodied in the Charter of the United Nations and the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The standard, Free, Prior and Informed Consent (FPIC), as well as Indigenous Peoples’ rights to lands, territories and natural resources are embedded within the universal right to self- determination. The normative framework for FPIC consists of a series of international legal instruments including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the International Labour Organization Convention 169 (ILO 169), and the Convention on Biological Diversity (CBD), among many others.
FPIC is a specific right that pertains to Indigenous Peoples and is recognized in the UNDRIP. It allows them to give or withhold consent to a project that may affect them or their territories. Once they have given their consent, they can withdraw it at any stage. Furthermore, FPIC enables them to negotiate the conditions under which the project will be designed, implemented, monitored and evaluated.
Consultation is not consent.
January 14, 2020
MEXICO: Maya Council obtains Order of Protection against AMLO Mayan Train
 |
This preliminary study establishes that the Doctrine of Discovery has been institutionalized in law and policy, on national and international levels, and lies at the root of the violations of indigenous peoples’ human rights, both individual and collective. This has resulted in State claims to and the mass appropriation of the lands, territories and resources of indigenous peoples. Both the Doctrine of Discovery and a holistic structure that we term the Framework of Dominance have resulted in centuries of virtually unlimited resource extraction from the traditional territories of indigenous peoples. This, in turn, has resulted in the dispossession and impoverishment of indigenous peoples, and the host of problems that they face today on a daily basis.
YouTube:
No comments:
Post a Comment