UN DRIP – United Nations Declaration on the Rights of Indigenous Peoples

UN DRIP – United Nations Declaration on the Rights of Indigenous Peoples

Original article posted by Michael Anderson.

 

At this point we need to be very clear about the limitations of the UN Declaration on the Rights of Indigenous Peoples. The Declaration is creating a vision where we have rights as Peoples, but these rights for Aboriginal/Indigenous Peoples within the Declaration are, in fact, inferior to the rights of all other Peoples.

 

The Declaration is, in fact, a misrepresentation of a legal truth when the rights of all Peoples are already enshrined in UN covenants.

 

We need to be careful not to be supporting this, the Commonwealth governments’ objective to limit our right to self-determination, while the power and authority of the invader state remain in force and have the authority and ability to override our rights as sovereign independent people. If we look at it from this point of view very carefully it can be seen that

 

“we are in fact ceding our sovereignty to the higher authority of the invader state if we are to follow this pathway.”

 

In its entirety the Declaration gives, to some degree, encouragement in its purpose and intentions but, like all laws, the devil is the detail and in this regard we must focus our attention closely to the details in the Declaration

Les Malezer effected in 2007;

 

– second class rights!

 

With great concern we need to focus on the restriction of our rights through the Declaration. What Les Malezer and others failed to inform our people is the fact that Aboriginal Peoples’ universal rights under international law have been reduced to second-class rights.

 

Take for example, the right to self-determination. What Malezer introduced as the Modified Declaration, in those final days, was that our rights are subject to acceptance of and recognition of the superior rights and territorial integrity of the dominant nation state, which in our case is the Australia Commonwealth government.

 

How then can one promote the Declaration on the Rights of Indigenous Peoples as the vehicle for asserting sovereignty?

 

Under the Declaration we have the right to be recognised as Peoples only on the proviso that we accept the power and authority of our invader state over our affairs. What Malezer and his co-conspirators have brokered between the UN member states and the world’s Aboriginal/Indigenous Peoples, who number over 370 million, is a complete and comprehensive return to the colonial subjugation, from which we in Australia have spent over two centuries fighting to deshackle ourselves and our Peoples.

 

Mark McMurtrie states

 

We, the Original Tribes of this continent, declare to the world that no matter our geography, tribe, faith or political affiliation we are united as one People through the Almighty, the Creator of all things, the Creator confirms our Brotherhood and Nationhood, with and by the Creators’ will and blessing we exist.

 

Terra Australis, Terra Australis Ignota or Terra Australis Incognita (Latin for “the unknown land of the South”) was a hypothesized continent, not even appearing on European maps until the 15th century. However, since time immemorial, for many millennia before it ‘appeared’ on European maps, this continent has been the Sovereign lands of the Original Tribes. Other names used to acknowledge our continent by various other peoples over the times have been Magallanica (“the land of Magellan”), or La Australia del Espi´ritu Santo (Spanish: “the southern land of the Holy Spirit”), and La grande isle de Java (French: “the great island of Java”). Terra Australis was one of several names applied to the land mass of what is now known as the continent of Australia.

 

We, the Indigenous Tribes of Terra Australis confirm that we are the most ancient autochthonous Peoples on this, our Mother Earth, and our contribution into the development of humanity is unique. As is our contribution to and maintenance of the maintenance of the most Ancient Tribal culture, songs, dances and ceremonies and the oldest surviving system of law on the planet.

 

By the Creators’ will we were created the Sovereign Autochthonous Peoples of Terra Australis with unlimited, inalienable and unassailable rights and freedoms as a Peoples and a Nation and with Sovereign authority over ourselves and Tribal our lands.

 

We have suffered cruel turns of fate; Our Tribes had known peace for tens of thousands of years. This was until the arrival of the British on Darug Tribal lands in 1788 at the place now commonly referred to as Sydney Cove.

 

Since that time the British have attempted to usurp our Sovereignty. They have unlawfully occupied our lands, and, with neither consent nor authority, have stolen and interrupted our Natural wealth, sacred sites, culture, families and other matters and sites of significance to our Tribes. They have done so despite our making it clear to them that this is against our will, law and culture. They have done so despite being mere guests upon Original Tribal lands, and in the process have committed ethnic cleansing on some of our fellow Tribes.

 

The Crowns parliaments have attempted to illegally disperse and dispossess Our peoples across the continent in an attempt to displace us from our domicile upon our Tribal lands in an attempt to justify their fraudulent usurpation of our absolute title and sovereignty over our Tribal lands, ourselves and our Creator granted status upon this continent.

 

We have been pushed out by force from our own lands, and over time, the records of our existence are being gradually eliminated and destroyed in a systematic program of genocide and ethnic cleansing. The settlers’ parliaments have been waging a war of ethnic cleansing and genocide against the Original Tribes since their arrival on our lands.

 

Our graves are robbed and destroyed by bulldozers, concreted over and flooded with water. Our Relics, Sacred and Holy sites, our bones and artefacts have been looted, stolen and illegally hidden in collections abroad and in foreign museums, and worse, in the homes of private settlers as monuments to their cunning craftiness in destroying the Creators longest surviving line of humanity and law.

 

Our People are facing extinction, our tribes are dying out and our tongues are losing their speech. We are the People who are losing our identity, names, voice, and Nationhood – but we haven’t lost them yet.”

 

– American Indian Law Alliance (AILA) Disavow harmful provisions within the Modified Declaration.

 

These provisions incorrectly represent fundamental principles of international law and/or re-inscribe, rather than correct, past indignities and injuries done to our peoples.

 

The UN General Assembly (GA) voted on September 13, 2007 to adopt the Declaration on the Rights of Indigenous Peoples (DRIP) [UN Document A/61/L.67*].

 

The response of many in the indigenous world who have worked long and hard for the day when the GA would adopt a just Declaration of our rights was a mixed one. To understand this ambivalence, it is important to know that the DRIP text differs in 9 places from the text of the Human Rights Council Declaration (CD) that was adopted by the UN human rights body in Geneva in June 2006. The CD text itself, in turn, had been significantly altered from the 1994 Draft Declaration (DD) completed by the UN Working Group on Indigenous Peoples that was chaired by Professor Erica-Irene A. Daes of Greece.

 

Of the three successive texts mentioned, the DD alone commanded the full support of indigenous peoples (IP). AILA circulated, soon after learning that 9 textual changes were being incorporated into the DRIP, a memorandum analyzing the impact of the changes.

 

Reasons for issuing statements endorsing most MD provisions without endorsing the MD as a whole, and for specifically disavowing MD PP 16, and Articles 30 and 46:

 

These 3 provisions substantively weaken important rights we negotiated

in Geneva.

 

A statement preserves a historical record of indigenous peoples’ disavowal of the 3 most harmful MD provisions. This record will be important to have when the Human Rights Council begins its task of overseeing the implementation of our rights.

 

A statement will protect us, when the time comes for working on a Convention, from allegations that indigenous peoples as a whole agreed to these harmful provisions in 2007.

 

Our non-indigenous friends need to know the mixed nature of the MD so that they may continue to support our rights in an informed way, rather than throw their blanket support to the MD.

 

In conclusion, AILA hereby commits to working in good faith partnership with states to implement the provisions of the MD with reservations, as noted here, regarding MD PP 16 and Articles 30 and 46 inasmuch as these provisions incorrectly represent fundamental principles of international law and/or re-inscribe, rather than correct, past indignities and injuries done to our peoples.

 

In taking this position, AILA adds its disavowal of the MD’s harmful provisions to those already expressed in various ways by others including Laguna Pueblo, Owe Aku, Aotearoa Indigenous Trust, Consejo de Todas las Tierras-Mapuche, other Latin American organizations identified by Estebancia Castro Dias and Fortunato Turpo Choquehuanca, Bill Means of IITC, and Tonatierra. In addition, Kekuni Blaisdell as Convenor of Kanaka Maoli Tribunal Komike, and the Seventh Generation Fund for Indian Development, as well as the Flying Eagle Woman Fund for Peace, Justice and Sovereignty add their voices to this disavowal.

 

EXPLANATION.

Through the long years that AILA fought alongside our world-wide indigenous brothers and sisters with the support of our Chiefs, Faithkeepers, and Clan Mothers for a strong Declaration of the Rights of Indigenous Peoples, we have been guided by the following principles:

1. The brutality, injustice, and indignities that our peoples suffered for 500 years must be reversed by securing, among other things, a UN Declaration of the Rights of Indigenous Peoples that advances our rights and the corresponding duties of states, and not vice versa.

2. The process for achieving this instrument must be legitimate, inclusive, transparent, and otherwise respectful of our peoples. In this regard, we find it both unprecedented and most disrespectful that the indigenous peoples of the world were given three days in which to respond to an instrument, the MD, that will affect the course of indigenous/state partnership into the indefinite future. States, we note, gave each other nine months in which to reconcile their differences over the CD.

 

Having now discussed over the course of ten days the substance of the MD with our communities and experts on international law, indigenous and non-indigenous, AILA has decided to record, before the G.A. acts on the matter, our position regarding specific provisions of the MD, rather than regarding its adoption, which in any event states will decide on their own on Thursday September 13, 2007.

 

It is now up to indigenous peoples who will be participating in the future work of the Mechanism (whose five independent experts the Human Rights Council will shortly appoint) to affirm the fundamental link between the norms of the Declaration and the future activities of the Mechanism.

 

Extract of article Les Malezer needs to be called to answer for a major fraud by Michael Anderson. http://nationalunitygovernment.org/content/les-malezer-needs-be-called-answer-major-fraud

North Carolina Conservative have acknowledged that coming under a United Nations Declaration would cede their Sovereignty. Quote “Finally, and perhaps most importantly, it would cede our national sovereignty to an international committee we do not elect and has no vested interest in us.” http://northcarolinaconservative.net/ceding-sovereign-rights-to-the-u-n-get-ready/

America’s sovereignty got ceded to United Nations via a Child Disability Declaration.  It’s all in the fine print.

For further reading on the topic

Compiled by Kaiyu Bayles

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