On November 20, 2020 the Tom Lantos Human Rights Commission (TLHRC) of the House Committee on Foreign Affairs conducted a virtual hearing on Human Rights of Indigenous Peoples in the Americas. The commission is to be commended for addressing the overarching theme of Human Rights of Indigenous Peoples in a continental context, which is not only appropriate but necessary in order to achieve a comprehensive historical understanding and analysis of the systemic nature of human rights violations against Indigenous Peoples which persist in the continent.
A comprehensive historical understanding and analysis of the systematic human rights violations against Indigenous Peoples in the Americas [North-Central-South] must necessarily integrate a critical position in regard to the nefarious and racist Doctrine of Discovery of Christendom (October 12, 1492) which continues to be normalized by the successor states across the continent.
During the virtual hearing, TLHRC co-chair James P. McGovern (D-MA) made the following comment:
“We should be examining the impacts of our trade agreements on Indigenous Rights.”
We support the call by the Continental Commission Abya Yala to the Tom Lantos Human Rights Commission calling for a full public hearing on the implications of the blatant systemic violation of Human Rights in the international US-Mexico-Canada (USMCA) trade zone, and specifically to address the violation of the inherent Human Rights of Indigenous Peoples, equal to all other peoples, cited USMCA as follows: Exceptions - Article 32.5 Indigenous Peoples Rights.
Free Prior and Informed Consent
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.
Message to the Tom Lantos Human Rights Commission:
Human Rights
of Indigenous Peoples in the Americas
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