Thursday, December 08, 2005

Input to Conversation: Draft Declaration on the Rights of Indigenous Peoples

To: American Indian Law Alliance
From: Peter S. Lopez ~ One Humane Being
Subject: Conversation: Draft Declaration on the Rights of Indigenous Peoples

I read of this today posted to a couple of Yahoo Groups. As I understand it, New Zealand is against the Declaration as it is now since that would entail a legal threat to the ‘territorial integrity’ of New Zealand as a sovereign state, thus, it would have to relinquish jurisdictional control over any indigenous people seeking self-determination within its own national boundaries. As a result, such a separate nation would be out from under the autonomy of the governing state power as constituted at present. I can see how this would open up a barrel of snakes for the United States and any of its native indigenous people also seeking self-determination as sovereign nations.

Under the present global imbalance of power I seriously doubt if the ruling powers that be will ever allow such an embarrassing legal conundrum. No entity can truly hold claim to real sovereign nationhood in terms of its territorial integrity and right to assemble its own armed Guards so long as the United States Empire dominates the world economy and hold the keys to the main military arsenal. True liberation is taken by force of arms, not given legal decree!

The government of the United States continues to violate the Universal Declaration of Human Rights, Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948 with total impunity.

Relevant Link ~http://www.un.org/Overview/rights.html
The culmination of real social-economic-political power for any sovereign independent nation would mandate ownership and control of the land and all its powers, institutions and natural resources thereon. Please keep us informed of any new developments.

Humanely Yours ~Peter S. Lopez {aka Peta de Aztlan{
Sacramento, California, USA
Yahoo Email~ sacranative{at}yahoo.com
http://groups.yahoo.com/group/Humane-Rights-Agenda/ http://humane-rights-agenda.blogspot.com/

Related websources:
http://groups.yahoo.com/group/NecessaryDissent/message/10164 http://groups.yahoo.com/group/NDNAIM/message/15827

http://www.maori.org.nz/ http://aotearoa.wellington.net.nz/back/intro.htm
Maori Independence Site

Maori have a long tradition of struggle and resistance against colonisation and the Crown sponsored theft of Maori land and resources. This site focuses on the ongoing struggle for Tino Rangatiratanga and the people who continue to resist the pressures of colonisation and cultural and economic genocide.

There are many different meanings for Tino Rangatiratanga and the concept itself is part of a rich and ongoing debate in Maori society. The word 'tino' is an intensifier and the word 'rangatiratanga'broadly speaking relates to the exercise of 'chieftainship'. Its closest english translation is self-determination -although many also refer to it as 'absolute sovereignty' or Maori independence. Such a concept embraces the spiritual link Maori have with 'Papatuanuku' (Earthmother) and is a part of the international drive by indigenous people for self determination.

"No reira, nau mai, haere mai, tautoko mai,... tautoko tenei kaupapa i ahu mai nga matua tipuna anei ta ratou kupu kia whakapaingia ta tatou wahanga ipurangi."
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--- In NecessaryDissent@yahoogroups.com
From: karaka jankaraka@y...
Date: Thu, 08 Dec 2005 11:34:30 +1300
Conversation: Draft Declaration on the Rights of Indigenous Peoples

7 December 2005
United Nations
Geneva, Switzerland

Dear brothers, sisters and friends:

The American Indian Law Alliance delegation from the United Nations in Geneva sends you our greetings. We are here to move forward the eventual passage of the Declaration on the Rights of the World's Indigenous Peoples by the Commission on Human Rights and eventual adoption by the General Assembly.

We would optimistically suggest that progress is being made, especially on the critical issue of self-determination. Nonetheless, a few nations still seem committed to blocking the unqualified acceptance of this human right with respect to Indigenous peoples.

Of course, two of these countries are the United States and Australia. Their positions and opposition are not unexpected. However, New Zealand has taken an increasingly hostile position towards Indigenous peoples and our right to self-determination. Without going into too much detail, yesterday (December 6, 2005), the representative of New Zealand stated from the floor of the United Nations that without inclusion of the concept of the territorial integrity of states (a serious impediment to the exercise of self-determination, taken out of the context in which it is generally accepted in international law) there would not be a principle of self-determination in the Declaration. Additionally, they are proposing that Article 31 (on self-government over internal affairs) be amended and moved to a position in the Declaration following Article 3 on self-determination. This too can be interpreted to bring the concept of internal autonomy into a position of significance equal to and/or potentially limiting Indigenous peoples right to self-determination.

These positions make the rights of Indigenous peoples less than the right of all other peoples. Without a change in New Zealand's position, the hopes for progress are seriously stifled.

There are no Maori people here at the United Nations. This means that the government of New Zealand is acting with impunity. They operate without accountability to the Indigenous peoples whose lands they occupy and whose treaties are at stake. We would therefore urge our brothers and sisters, in particular our Maori brothers and sisters, to seek out the government of New Zealand and ensure that this government is responsible and accountable for the positions they are taking and the risk they are presenting to the rights of Indigenous peoples everywhere.

American Indian Law Alliance
611 Broadway, Suite 632
New York, NY 10012
USA
Phone: (212)477-9100
Facsimile: (212-477-0004
Website: www.ailanyc.org
Email: aila@ailanyc.org

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About the American Indian Law Alliance ~
On a national and international level, the American Indian Law Alliance ("AILA" ) organizes and advocates on behalf of and with Indigenous Peoples from around the world. We are one of less than 20 Indigenous NGOs (non-governmental organizations) with Special Consultative Status with the Economic and Social Council of the United Nations. Locally, the Legal Services Project is the direct-service component of the American Indian Law Alliance.
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