Cihuatl Tlahtokan’s Endorsement of Mother Earth Accord opposing TransCanada Keystone XL Pipeline

 

Acknowledging that water is life:

 

We, the women of the Traditional Council of the NAHUACALLI and caretakers of the spiritual upbringing for the life of past, present and future generations of the Nican Tlacah Nahuacalco, affirm our full endorsement of the Mother Earth Accord that was declared by our Indigenous Relatives at the Emergency Summit held at Rosebud South Dakota on September 15-16, 2011 for the protection of Mother Earth and Treaty Territories.

 

As caretakers of the watersheds of Mother Earth, and the Water Ways of our cultural teachings as Nican Tlacah Cemanahuac – Indigenous Nations and Pueblos of Abya Yala -the time has come for us to join together in defense of the Rights of Mother Earth.

 

Recognizing that the building of the TransCanada Keystone XL Tar Sands pipeline is a threat to the life of our lands and waters, causing irreversible devastation of Mother Earth and bring Climate Chaos for all Humanity, we declare our commitment to the Mother Earth Accord and any necessary actions in opposition to the Keystone XL pipeline.

 

Sincerely,

The Traditional Women’s Council

Tlahtokan Nahuacalli

TONATIERRA Nahuacalli

Embassy of Indigenous Peoples

Email: tonal@tonatierra.org

Cell: (602) 254-5230

 ***************************************************************************************************************************

Human Rights Council Working Group on the Universal Periodic Review Ninth session Geneva,

1-12 November 2010

Summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1

United States of America*

HRC_Final_Summary

***********************************************

Dear  Relatives,

Please allow me to send my respectful greetings and wishes for good health and peace in your nations, communities, and families now and throughout the coming year to the 7th Annual Indigenous Peoples Day at the Phoenix Steele Indian School Park on Thursday, March 11, 2010.

For many years I have been privileged to participate in this most important gathering hosted by the Nahuacalli Embassy of Indigenous Peoples, where the acknowledgement of the sovereignty of our Indigenous nations continues on Turtle Island.

I am proud to say I have observed and participated in the struggle by your community for the adoption of the Declaration on the Rights of Indigenous Peoples by the Office of the Mayor of the City of Phoenix and later the Legislature of the State of Arizona.

During this time the leaders of the Nahuacalli community continued to push forward the importance of human rights for all peoples including the Indigenous Peoples of the America’s. With great diligence and perseverance our relatives in the Phoenix area were the first to convince a legislative body in the  United States of America to adopt the UN Declaration on the Rights of Indigenous Peoples, a major victory for all. Since then others have done the same, but you were the first.

Your work has had an international impact and continues to do so but may I respectfully remind you that your work is not done.  Three governments, the United States, Canada, and New Zealand have yet to adopt the UN Declaration on the Rights of Indigenous Peoples and must be encouraged to do so in all due haste. Until the rights of Indigenous Peoples are acknowledged by the countries of North America, indeed all countries, Indigenous Peoples are not equal to all other peoples.

Congratulations on your wonderful work and day and I send you my very best.

Tonya Gonnella Frichner, Esq.

North American Regional Representative to the UN Permanent Forum on Indigenous Issues

President & Founder

American Indian Law Alliance

NGO in Consultative Status with the United Nations Economic & Social Council

11 Broadway, 2nd Floor

New York, New York 10004

_____________________________________________________________________

“To frame the immigration issue as only a negotiation between the citizenship status and nationalities of the NAFTA government states of Canada-US-Mexico is a denial of the Right of Self Determination of the Nations of Indigenous Peoples of Abya Yala North.”
Tupac Enrique Acosta, Yaotachcauh Tlahtokan Nahuacalli
TONATIERA

ANNUAL HUMAN RIGHTS CONFERENCE 

September 14,  2002

On October 3,1977 the first large scale strike by undocumented workers in U.S. labor history began at the Arrrowhead Ranch, located in the East Valley community north of Tolleson. Despite strike breaking efforts of the Border Patrol, the predominantly Mexican national workers persevered in their efforts to negotiate formal contracts with the powerful growers. Supported by the Maricopa County Organizing Project (MCOP), the courageous efforts of the Arizona Farmworker movement left a  legacy of struggle, organizing under extreme adversity, and belief in Human Dignity that continues till today.  In 1994, MCOP made the organizational transition into the community empowerment movement TONATIERRA.  Now, over twenty years after the Arrowhead Ranch labor strike, a call goes out to all interested individuals, organizations, and communities to come together again  in unity, with respect and clarity, to define into the millennium of generations to come a community based strategy to deal proactively with the diverse issues of immigration in our communities. With an emphasis on the issue of education and immigration, three main themes for the conference have been defined:

CIVIL RIGHTS: A consistent and ongoing community based campaign of ADVOCACY in response to the violations of civil rights (including environmental justice cases) which affect our community in terms of discrimination.  This area of work is described by the domestic Civil Rights laws and procedures of due process which are in place within the framework of the U.S. and State constitutions.  A limitation of this area of law  to be recognized is that Civil Rights only apply to individual cases  and cannot describe or defend  the right we have as a Community or culture pre-existing in the territory before the arrival of the European-Americans.

HUMAN  RIGHTS: INVOKE and ORGANIZE. Beyond Civil Rights, Human Rights are obligations and protections which all governmental entities are obliged to abide by as a matter of International Law, a result of  the adoption by the General Assembly of the United Nations of the Universal Declaration on Human Rights to which the U.S. is signatory. Human Rights are construed as community rights, such as the right to self-determination and the rights of Migratory Workers.  TONATIERRA maintains a linkage with the United Nations Human Rights Commission, having participated as delegates to the Commission in Geneva,  Switzerland since 1987.  As part of the Continental Commission of Indigenous Nations and Organizations (CONIC), we also participate in the United Nations Working Group on Indigenous Populations and the UN Permanent Forum on Indigenous Issues.

INDIGENOUS RIGHTS : The foundation of  our legal rights and obligations lies in our indigenous history and identity as original nations of the continent. This is the where the systems of jurisprudence established by over 500 years of colonization clash with the responsibilities and destiny of our peoples.  The resolution of the problem revolves around the issues of community empowerment, self-determination and dignity for Indigenous Peoples. These principles are the essence of our community life, for they describe the time tested values and wisdom that is our inheritance as an Indigenous People and culture.

_____________________________________________________________________

Copenhagen, 7 December 2009

Statement on Shared Vision under AWG LCADelivered by Ms. Joan U Carling, Co-Chairperson- IIPFCC

The International Indigenous Peoples’ Forum on Climate Change (IIPFCC) here in Copenhagen, which unites indigenous peoples’ representatives from all over the world, urges the Conference of Parties (COP) and all other bodies under the UNFCCC to abide by their commitments to achieve a legally binding agreement in this meeting to effectively reduce greenhouse gas emissions that are destroying our Mother Earth.  We join the urgent call and appeals of peoples around the world that NOW is the time to ACT, and to ACT with ambitious commitments before it is too late! We only have one Mother Earth, and those most responsible for climate change also hold the greatest responsibility for her protection.
Within the Shared Vision of the Long Term Cooperative Action that sets the principles and framework for the LCA agreement, we, as indigenous peoples from the world over, who are impacted directly, not only by the effects climate change but also by the decisions that governments take in these negotiations, underscore the urgent need for the inclusion of international human rights standards within the framework of LCA, particularly the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).  The collective rights of indigenous peoples, including our rights to lands, territories and resources, as well as to the full and effective participation of indigenous peoples, subject to our Free Prior and Informed Consent (FPIC), must be explicitly included in the Shared Vision. The protection of the collective rights of indigenous peoples must be guaranteed, including the recognition of our roles and contributions to climate change mitigation and adaptation through our traditional knowledge, innovations and practices.
The inclusion of the collective rights of indigenous peoples consistent with the UN Declaration of the Rights of Indigenous Peoples  (UNDRIP) as part of the Shared Vision of the LCA will provide the framework and guarantee for constructive engagements between indigenous peoples and states in addressing climate change. It will also enhance the invaluable contributions of our indigenous communities in finding real solutions to climate change.
We, indigenous peoples, are rights-holders and not just stakeholders. Our human rights are guaranteed in human rights conventions and other international and regional agreements, including the UN Declaration on the Rights of Indigenous Peoples, as well as through jurisprudence from human rights courts.  Our human rights are affected in these climate change processes, and the UNFCCC Parties must not deny and neglect this fact, nor their obligations.
Finally, Mr. Chair,
Climate change and some false solutions being offered by parties threaten to dissolve our rights. If the United Nations recognizes our rights, it must do so throughout the United Nations system. Human rights cannot be selectively recognized or they cease to be rights. We demand Parties and the Conference of Parties of the UNFCCC to protect and recognize our rights, and to uphold their commitments and responsibilities.
Thank you, Mr. Chair.

Links:

Indigenous Environmental Network

http://www.ienearth.org

NAHUACALLI

Embassy of Indigenous Peoples


www.nahuacalli.org

_____________________________________________________________________

TRUTHGIVING

November 26, 2009United Nations Declaration on the Rights of Indigenous Peoples

Message to President Barack Obama and the US Congress

What kind of land that calls itself free, can deny the Spirit of Humanity?

From coast to coast, from sea to sea:
We are those who complete the History!

From time immemorial, from stars yet to be born:
We stand and turn,
We return and stand among you to say:

What kind of land that calls itself free, can deny the Spirit of Humanity?
We are those who fulfill the Destiny!

Adopt the

United Nations Declaration on the Rights of Indigenous People

NOW
*******

Link:

Sign the Petition and join us in sending the

Message to President Obama and the US Congress

http://www.petition2congress.com/2/2643/un-declaration-on-rights-indigenous-peoples/

Background:
Hopi Message at the House of Mica
http://www.nahuacalli.org/News.html

*******
NAHUACALLI
Embassy of the Indigenous Peoples
www.nahuacalli.org

_____________________________________________________________________

United Nations Declaration on the Rights of
Indigenous Peoples

Adopted by General Assembly Resolution 61/295 on 13 September 2007

The General Assembly,
Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,

Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,

Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,

Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,

Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,

Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources,

Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States,

Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur,

Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,

Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment,

Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,

Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child,

Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,

Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States,

Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,(3) affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development,

Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law,

Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith,

Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,

Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,

Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples,

Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration,

Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect:

Article 1
Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights(4) and international human rights law.

Article 2
Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.

Article 3
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 6
Every indigenous individual has the right to a nationality.

Article 7
1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

Article 8
1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 9
Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

Article 10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

Article 11
1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

Article 12
1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

Article 13
1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

Article 14
1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.

Article 15
1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.

Article 16
1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.

Article 17
1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law.
2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment.
3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary.

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.

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 20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Article 21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

Article 22
1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.
2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

Article 23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 24
1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.
2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.

Article 25
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

Article 26
1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Article 27
States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

Article 28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

Article 29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.

Article 30
1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.
2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.

Article 31
1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

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.
3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

Article 33
1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.
2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.

Article 34
Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.

Article 35
Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

Article 36
1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.
2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

Article 37
1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.
2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.

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.

Article 39
Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.

Article 40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.

Article 41
The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established.

Article 42
The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.

Article 43
The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.

Article 44
All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.

Article 45
Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future.

Article 46
1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.
2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.
3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

(2) See resolution 2200 A (XXI), annex.

(3) A/CONF.157/24 (Part I), chap. III.

(4) Resolution 217 A (III).

Please respond with your Name, Organization, Tribe/Territory, and contact information if you would like to sign on to support this Declaration

Tlazocamati


One Response to “Indigenous Archives”

  1. Dick Hogan Says:

    Long live Mother Earth and her Family!

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