The Anchorage Declaration of the Indigenous Peoples' Global Summit on Climate Change

[Editor's Note: Our thanks to the Western Shoshone Defense Project (WSDP) for forwarding a copy of the Anchorage Declaration to us. For information and background about the summit itself, see our April 25th post titled Indigenous Peoples' Global Summit on Climate Change.

Following is the Declaration from the Indigenous Peoples’ Global Summit on Climate Change held in Anchorage, Alaska April 20 – 24th.

The Anchorage Declaration
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24 April 2009

From 20-24 April, 2009, Indigenous representatives from the Arctic, North America, Asia, Pacific, Latin America, Africa, Caribbean and Russia met in Anchorage, Alaska for the Indigenous Peoples’ Global Summit on Climate Change. We thank the Ahtna and the Dena’ina Athabascan Peoples in whose lands we gathered.

We express our solidarity as Indigenous Peoples living in areas that are the most vulnerable to the impacts and root causes of climate change. We reaffirm the unbreakable and sacred connection between land, air, water, oceans, forests, sea ice, plants, animals and our human communities as the material and spiritual basis for our existence.

We are deeply alarmed by the accelerating climate devastation brought about by unsustainable development. We are experiencing profound and disproportionate adverse impacts on our cultures, human and environmental health, human rights, well-being, traditional livelihoods, food systems and food sovereignty, local infrastructure, economic viability, and our very survival as Indigenous Peoples.

Mother Earth is no longer in a period of climate change, but in climate crisis. We therefore insist on an immediate end to the destruction and desecration of the elements of life.

Through our knowledge, spirituality, sciences, practices, experiences and relationships with our traditional lands, territories, waters, air, forests, oceans, sea ice, other natural resources and all life, Indigenous Peoples have a vital role in defending and healing Mother Earth. The future of Indigenous Peoples lies in the wisdom of our elders, the restoration of the sacred position of women, the youth of today and in the generations of tomorrow.

We uphold that the inherent and fundamental human rights and status of Indigenous Peoples, affirmed in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), must be fully recognized and respected in all decision-making processes and activities related to climate change. This includes our rights to our lands, territories, environment and natural resources as contained in Articles 25–30 of the UNDRIP. When specific programs and projects affect our lands, territories, environment and natural resources, the right of Self Determination of Indigenous Peoples must be recognized and respected, emphasizing our right to Free, Prior and Informed Consent, including the right to say “no”. The United Nations Framework Convention on Climate Change (UNFCCC) agreements and principles must reflect the spirit and the minimum standards contained in UNDRIP.

Calls for Action

1. In order to achieve the fundamental objective of the United Nations Framework Convention on Climate Change (UNFCCC), we call upon the fifteenth meeting of the Conference of the Parties to the UNFCCC to support a binding emissions reduction target for developed countries (Annex 1) of at least 45% below 1990 levels by 2020 and at least 95% by 2050. In recognizing the root causes of climate change, participants call upon States to work towards decreasing dependency on fossil fuels. We further call for a just transition to decentralized renewable energy economies, sources and systems owned and controlled by our local communities to achieve energy security and sovereignty.

In addition, the Summit participants agreed to present two options for action which were each supported by one or more of the participating regional caucuses. These were as follows:

A. We call for the phase out of fossil fuel development and a moratorium on new fossil fuel developments on or near Indigenous lands and territories.

B. We call for a process that works towards the eventual phase out of fossil fuels, without infringing on the right to development of Indigenous nations.

2. We call upon the Parties to the UNFCCC to recognize the importance of our Traditional Knowledge and practices shared by Indigenous Peoples in developing strategies to address climate change. To address climate change we also call on the UNFCCC to recognize the historical and ecological debt of the Annex 1 countries in contributing to greenhouse gas emissions. We call on these countries to pay this historical debt.

3. We call on the Intergovernmental Panel on Climate Change (IPCC), the Millennium Ecosystem Assessment, and other relevant institutions to support Indigenous Peoples in carrying out Indigenous Peoples’ climate change assessments.

4. We call upon the UNFCCC’s decision-making bodies to establish formal structures and mechanisms for and with the full and effective participation of Indigenous Peoples. Specifically we recommend that the UNFCCC:
a. Organize regular Technical Briefings by Indigenous Peoples on Traditional Knowledge and climate change;
b. Recognize and engage the International Indigenous Peoples’ Forum on Climate Change and its regional focal points in an advisory role;
c. Immediately establish an Indigenous focal point in the secretariat of the UNFCCC;
d. Appoint Indigenous Peoples’ representatives in UNFCCC funding mechanisms in consultation with Indigenous Peoples;
e. Take the necessary measures to ensure the full and effective participation of Indigenous and local communities in formulating, implementing, and monitoring activities, mitigation, and adaptation relating to impacts of climate change.

5. All initiatives under Reducing Emissions from Deforestation and Degradation (REDD) must secure the recognition and implementation of the human rights of Indigenous Peoples, including security of land tenure, ownership, recognition of land title according to traditional ways, uses and customary laws and the multiple benefits of forests for climate, ecosystems, and Peoples before taking any action.

6. We challenge States to abandon false solutions to climate change that negatively impact Indigenous Peoples’ rights, lands, air, oceans, forests, territories and waters. These include nuclear energy, large-scale dams, geo-engineering techniques, “clean coal”, agro-fuels, plantations, and market based mechanisms such as carbon trading, the Clean Development Mechanism, and forest offsets. The human rights of Indigenous Peoples to protect our forests and forest livelihoods must be recognized, respected and ensured.

7. We call for adequate and direct funding in developed and developing States and for a fund to be created to enable Indigenous Peoples’ full and effective participation in all climate processes, including adaptation, mitigation, monitoring and transfer of appropriate technologies in order to foster our empowerment, capacity-building, and education. We strongly urge relevant United Nations bodies to facilitate and fund the participation, education, and capacity building of Indigenous youth and women to ensure engagement in all international and national processes related to climate change.

8. We call on financial institutions to provide risk insurance for Indigenous Peoples to allow them to recover from extreme weather events.

9. We call upon all United Nations agencies to address climate change impacts in their strategies and action plans, in particular their impacts on Indigenous Peoples, including the World Health Organization (WHO), United Nations Educational, Scientific and Cultural Organization (UNESCO) and United Nations Permanent Forum on Indigenous Issues (UNPFII). In particular, we call upon all the United Nations Food and Agriculture Organization (FAO) and other relevant United Nations bodies to establish an Indigenous Peoples’ working group to address the impacts of climate change on food security and food sovereignty for Indigenous Peoples.

10. We call on United Nations Environment Programme (UNEP) to conduct a fast track assessment of short-term drivers of climate change, specifically black carbon, with a view to initiating negotiation of an international agreement to reduce emission of black carbon.

11. We call on States to recognize, respect and implement the fundamental human rights of Indigenous Peoples, including the collective rights to traditional ownership, use, access, occupancy and title to traditional lands, air, forests, waters, oceans, sea ice and sacred sites as well as to ensure that the rights affirmed in Treaties are upheld and recognized in land use planning and climate change mitigation strategies. In particular, States must ensure that Indigenous Peoples have the right to mobility and are not forcibly removed or settled away from their traditional lands and territories, and that the rights of Peoples in voluntary isolation are upheld. In the case of climate change migrants, appropriate programs and measures must address their rights, status, conditions, and vulnerabilities.

12. We call upon states to return and restore lands, territories, waters, forests, oceans, sea ice and sacred sites that have been taken from Indigenous Peoples, limiting our access to our traditional ways of living, thereby causing us to misuse and expose our lands to activities and conditions that contribute to climate change.

13. In order to provide the resources necessary for our collective survival in response to the climate crisis, we declare our communities, waters, air, forests, oceans, sea ice, traditional lands and territories to be “Food Sovereignty Areas,” defined and directed by Indigenous Peoples according to customary laws, free from extractive industries, deforestation and chemical-based industrial food production systems (i.e. contaminants, agro-fuels, genetically modified organisms).

14. We encourage our communities to exchange information while ensuring the protection and recognition of and respect for the intellectual property rights of Indigenous Peoples at the local, national and international levels pertaining to our Traditional Knowledge, innovations, and practices. These include knowledge and use of land, water and sea ice, traditional agriculture, forest management, ancestral seeds, pastoralism, food plants, animals and medicines and are essential in developing climate change adaptation and mitigation strategies, restoring our food sovereignty and food independence, and strengthening our Indigenous families and nations.

We offer to share with humanity our Traditional Knowledge, innovations, and practices
relevant to climate change, provided our fundamental rights as intergenerational
guardians of this knowledge are fully recognized and respected. We reiterate the urgent
need for collective action.


Agreed by consensus of the participants in the Indigenous Peoples’ Global Summit on
Climate Change, Anchorage Alaska, April 24th 2009

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Source: Western Shoshone Defense Project (WSDP)

Native Rights News is making this Declaration available in accordance with the wishes of its authors. This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
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Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Indigenous Peoples' Global Summit on Climate Change

Indigenous Peoples Demand Greater Role in Climate Debate

By Stephen Leahy*


ANCHORAGE, Alaska, Apr 20 (Tierramérica) - While indigenous peoples from around the world are meeting in this Alaskan city to seek a greater role in global climate negotiations, the rapidly warming Arctic is forcing some Inuit villages to be relocated.

"We have centuries of experience in adapting to the climate and our traditional lifestyles have very low carbon footprints," Victoria Tauli-Corpuz, an indigenous leader from the Philippines and chair of the United Nations Permanent Forum on Indigenous Issues, told Tierramérica.

Carbon-based gases are the principal cause of the greenhouse effect, which leads to climate change. The excessive release of these gases, like carbon dioxide and methane, comes from human activities: the combustion of fossil fuels in industry and transportation, and emissions from livestock production and deforestation.

Some 400 indigenous people, including Bolivian President Evo Morales and observers from 80 nations, are gathered in Anchorage, Alaska for the Apr. 20-24 U.N.-affiliated Indigenous Peoples' Global Summit on Climate Change.

They will discuss and synthesise ways that traditional knowledge can be used to both mitigate and adapt to climate change.

"Indigenous peoples have contributed the least to the global problem of climate change, but will almost certainly bear the greatest brunt of its impact," said Patricia Cochran, chair of both the Inuit Circumpolar Council and the April Summit.

In her opinion, indigenous peoples are leaders and experts when it comes to the climate debate. Any dialogue or negotiations will be far richer and productive with their participation, she said.

But indigenous peoples are also on the front lines when it comes to climate change impacts, Cochran told Tierramérica.

The village of Newtok, about 800 kilometres east of Anchorage, is the first of several villages in need of relocation due to climate change. Because of higher average temperatures, intensifying river flow and melting permafrost are destroying homes and infrastructure, forcing 320 residents to relocate to a higher site 15 km west, at an expected cost in the tens of millions of dollars.

Five other Alaskan Inuit settlements are in urgent need of relocation, including Shishmaref (population 560) and Kivalina (377), where autumn storm waves are no longer contained by shore-fast ice, leading to severe coastal erosion. Dozens of similar settlements are considered threatened.

According to the Intergovernmental Panel on Climate Change (IPCC), the regions most affected - such as the Arctic, Caribbean and Amazon - are where most of the indigenous people live, says Sam Johnston of the Tokyo-based United Nations University, a co-sponsor of the Summit.

Around the world, at least 5,000 distinct groups of indigenous peoples have been identified in more than 70 countries, with a combined global population estimated at 300 to 350 million, representing about six percent of humanity.

Because of their long cultural and spiritual connection to the land, oceans and wildlife, indigenous peoples have a lot to offer, Johnston said in an interview.

"The world owes it to both the indigenous peoples and itself to pay greater heed to the opinions of these communities and to the wisdom of ages-old traditional knowledge," he said.

The major goal of the Summit is to help strengthen the indigenous communities' participation in and articulate messages and recommendations to the December conference of parties to the U.N. Framework Convention on Climate Change (UNFCCC), in Copenhagen.

There, the world's governments will negotiate a successor agreement to the Kyoto Protocol (which expires in 2012) to reduce carbon emissions and to create an adaptation fund to help poor countries.

The indigenous Summit will conclude in Anchorage on Friday with a declaration and action plan, and a call for world governments to fully include indigenous peoples in any post-Kyoto climate change regime adopted in Copenhagen.

Indigenous peoples currently have no formal role at the climate talks, although native representatives were part of Bolivia's delegation to a series of preparatory meetings earlier this month in Bonn, Germany.

Ideally, indigenous peoples would have a formal advisory role, as they currently do under the U.N. Convention on Biodiversity, said Tauli-Corpuz.

"Unfortunately, no government has been willing to push for this under the UNFCCC," she said.

The "Anchorage Declaration" will be signed by President Evo Morales, who is of Aymara origin; Miguel d'Escoto Brockmann, president of the U.N. General Assembly; and Danish Parliamentarian Juliane Henningsen, representing Greenland, says Cochrane.

Issues like reducing deforestation and boosting massive re-forestation efforts can have major impacts on indigenous peoples, and it is vital that indigenous rights are acknowledged and respected in any final climate agreement, said Tauli-Corpuz.

But, warned the UNU's Johnston, bilateral discussions, especially between China and the United States, are heating up ahead of the Copenhagen meet, and may push indigenous peoples' involvement to the sidelines.

(*This story was originally published by Latin American newspapers that are part of the Tierramérica network. Tierramérica is a specialised news service produced by IPS with the backing of the United Nations Development Programme, United Nations Environment Programme and the World Bank.) __________________________________________________________
Copyright © 2009 IPS-Inter Press Service

Native Rights News is making this material from IPS-Inter Press Service available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
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Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.

Participate in OAS Working Group and Indigenous Caucus to Ensure a Strong American Declaration on the Rights of Indigenous Peoples

OAS Negotiations on the Draft American Declaration on the Rights of Indigenous Peoples

Background: Indigenous Rights within the OAS

The Organization of American States was formed in 1948, at about the same time as the United Nations, and is made up of the 35 countries of the Americas. In recent decades, indigenous peoples have urged the member countries (or "states") of the OAS to recognize the human rights of indigenous peoples as distinct peoples. In the 1980s, indigenous communities in Latin America that were threatened by war and genocide brought their human rights claims to the Inter-American Commission on Human Rights, a special branch of the OAS.

In 1989, the OAS leadership directed the Inter-American Commission to draft a document about the human rights of indigenous peoples. This document became the proposed American Declaration on the Rights of Indigenous Peoples. If all the member states of the OAS agree, it will be adopted by the General Assembly of the OAS, and incorporated into the body of developing international standards within the Inter-American legal system. The adoption of the declaration would not only represent an important recognition of indigenous rights in the Americas, but could also serve as the foundation for establishing a more binding legal instrument, such as a convention or treaty on Indigenous rights.

Negotiation of the Draft American Declaration

The current draft American Declaration on the Rights of Indigenous Peoples deals with economic, cultural, and political rights. The declaration affirms the right to self determination, education, health, self government, cultural heritage, and the right to lands, territories and natural resources, among others. A copy of the most recent draft American Declaration on the Rights of Indigenous Peoples can be found on the OAS website: http://scm.oas.org/doc_public/ENGLISH/HIST_08/CP20518E07.DOC.

In 1999, the OAS established a Working Group to review and make changes to the Declaration. The Working Group is open to all member states of the OAS, although some countries participate more than others. The Working Group meets several times a year to discuss the declaration and to try to reach agreement about its text.

From the very beginning, indigenous representatives insisted that these Working Group meetings be open to them, as well. Many OAS member states strongly opposed this kind of openness. By demanding that they have a say in discussions about their rights, however, indigenous peoples became the first non-state group to participate in high-level OAS meetings like those of the Working Group. Over just a few years, indigenous peoples established their right to take part in these activities.

Currently, indigenous and NGO representatives continue to attend the negotiation sessions of the Working Group to debate the articles and ensure that the Declaration accurately reflects the interests of indigenous peoples. Nevertheless, general awareness of the Declaration and its implications remain relatively low, and increasing indigenous participation remains as important as ever. There is also a need to increase the involvement of indigenous governments as they are representative entities with unique status and influence.

The Working Group negotiation sessions are usually convened at OAS headquarters in Washington D.C., but are sometimes hosted by other OAS countries. There have been nearly a dozen meetings on the OAS Declaration since 1999, including nine Negotiation Sessions, the most recent of which was held April 23nd-27th 2007 in La Paz, Bolivia. Each negotiation session consists of a week of discussions regarding the form and content of the articles of the declaration, with the objective of reaching consensus between State delegations and indigenous representatives. These sessions are not only important for resolving differences regarding the text of the declaration, but also in advancing international thought and collaboration surrounding these fundamental rights.

Getting Involved

Continued participation of indigenous representatives in the proposed American Declaration process is fundamental to developing adequate international standards regarding the rights of indigenous peoples. Indigenous representatives are welcome to participate in all Working Group meetings on the proposed American Declaration on the Rights of Indigenous Peoples without having to previously register with OAS, and can find information regarding the upcoming sessions on the OAS website: http://www.oas.org/consejo/cajp/working%20groups.asp#indigenous.

Indigenous representatives can also participate in the meetings convened by the Indigenous Caucus, which is an ad-hoc gathering of indigenous participants that usually convene two or three days prior to the official Working Group meetings in order to consult with each other and, where possible, develop common strategies and proposals for the negotiation sessions. These meetings are loosely organized and completely open to indigenous representatives.

A special fund administered by the OAS is available to facilitate indigenous participation in the Working Group. Indigenous representatives may seek economic support from this "Specific Fund" for travel and per diem expenses related to their participation in the meetings. The criteria for receiving this support are available at http://www.oas.org/consejo/resolutions/res873.asp. Indigenous representatives who wish to apply should contact Luis Toro or Johanna Salah, OAS Office of International Law at (202) 458 6377 or by fax, (202) 458 3292, or e-mail at ltoro@oas.org and/or jsalah@oas.org.

[Editor's Note: For information regarding human rights violations committed against Indigenous Peoples by large corporations and their client governments in the western hemisphere, see our article posted on April 9, 2009 titled Call to Action: Demand OAS Support a Strong American Declaration on the Rights of Indigenous Peoples. And while you're there, do your part by signing a letter calling for a strong draft of the American Declaration of the Rights of Indigenous Peoples. The work has been done for you, with a well-written form letter addressed to the representatives of all the member nations of the OAS. All you have to do is add your own personal comments, if any, and send the letter. You can also send the demand letter without going to the previous article by clicking http://citizenspeak.org/node/1512.

Our thanks to the staff at the Indian Law Resource Center for making this information available to us so that we can make it available to you. They have been working to protect and advance the cause of indigenous rights for more than 30 years. Visit their website and sign up for their free email newsletter. And while you're at it, show your support by making a tax-deductible contribution to the cause. -- Perry Chesnut, Editor, NRN]
__________________________________________________________ ©2009 Indian Law Resource Center. All rights reserved.

Native Rights News is making this material available with the express permission of the Indian Law Resource Center . This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
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Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry..

Declaration of the International Conference on Extractive Industries and Indigenous Peoples

On 23-25 March 2009, representatives from 85 Indigenous Peoples from 35 countries around the world, as well as experts and support groups gathered in Manila for the first International Conference on Extractive Industries and Indigenous Peoples. After three days of speeches, seminars and workshops the ICEIIP issued the following Declaration.

Declaration of the International Conference on Extractive Industries and Indigenous Peoples

23-25 March 2009
Legend Villas, Metro Manila, Philippines

When all the trees have been cut down,

When all the animals have been hunted,

When all the waters are polluted,

When all the air is unsafe to breathe,

Only then will you discover you cannot eat money.

- Cree prophecy

Treat the earth well, it was not given to you by your parents, it was loaned to you by your children. We do not inherit the Earth from our Ancestors, we borrow it from our Children.

- Chief Seattle

We, Indigenous Peoples and support organisations from 35 countries around the world and representing many more Indigenous Nations, have gathered together in this International Conference on Extractive Industries and Indigenous Peoples. As Indigenous Peoples we have a unique cosmic vision, diversity of languages, histories, spirituality and territories which have existed since time immemorial. However, we now find ourselves within the borders of States which have established norms and laws according to their interests. On account of this situation, we have suffered disproportionately from the impact of extractive industries as our territories are home to over sixty percent of the world's most coveted mineral resources. This has resulted in many problems to our peoples, as it has attracted extractive industry corporations to unsustainably exploit our lands, territories and recourses without our consent. This exploitation has led to the worst forms of, environmental degradation, human rights violations and land dispossession and is contributing to climate change.

Environmental degradation includes, but is not limited to, erosion of our fragile biological diversity, pollution of land, air and water, and destruction of whole ecological systems. Extractive industries, and particularly those relating to fossil fuels, also have significantly contributed to the climate change that is destroying our Mother Earth.

Human rights violations range from violations of Indigenous Peoples' right to self-determination (which includes the right to determine one's own economic, social and cultural development), rights to lands, territories and resources, as well as displacement and violations of the most basic civil and political rights, such as arbitrary arrests and detention, torture, enforced disappearances and killings.

Our cultural diversity has also been grossly eroded because of the destruction of biological diversity and lands, territories and resources by extractive industries upon which our cultures are based. This erosion of our cultural diversity is also a result of the imposition of colonial systems and the settlement of non-Indigenous Peoples. Corporations enter into our territories with the promise of “development” through employment, infrastructure building and payment of governmental taxes. Despite these promises, there still exists a situation of dire poverty in those living close to extractive industry projects. This situation has fuelled conflicts between Indigenous Peoples and the State and extractive industry corporations, as well as causing divisions within the Indigenous communities themselves.

On 6-16 May 1996, a first “Mining and Indigenous Peoples Conference” held in London produced the “Indigenous Peoples' Declaration on Mining”. This declaration highlighted conflicts occurring between our communities and corporations. It reiterated that Indigenous Peoples need to be the decision makers on whether or not mining should take place in their communities and under what conditions this may occur.

Almost 13 years have passed since this conference was held, but overall our situation on the ground has not noticeably improved. The opportunities and threats since the 1996 conference include:-

• the welcome adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UN DRIP) by the UN General Assembly on 13 September 2007;
• new UN mechanisms for the protection of the rights of Indigenous Peoples, such as the UN Permanent Forum on Indigenous Issues, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, and the Expert Mechanism on the Rights of Indigenous Peoples;
• a greater interest on the relationship between human rights and corporate behaviour, including the work of the UN Special Representative of the Secretary General on the issue of human rights and transnational corporations and other business enterprises;
• the recognition of corporate social responsibility and a claimed willingness on behalf of corporations to negotiate agreements directly with Indigenous Peoples, although so far much of this seems to be more on paper or promises, as opposed to practice;
• the climate change crisis, coming about mainly because of dependence of the current economy on fossil fuels. These resources are mined on our land and many of our peoples are disproportionately affected by such activities; and
• the global financial crisis, caused by the unregulated liberalisation of finance.

Based on the foregoing observations, we assert that:-

• Indigenous Peoples are rights holders, with an inextricable link to their lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired, and should not be treated merely as stakeholders. We have a right to self-determination of our political condition and to freely choose our economic, social and cultural development (UN DRIP Article 3);
• our rights are inherent and indivisible and seek recognition not only of our full social, cultural and economic rights but also our civil and political rights;• all doctrines, policies and practices based on the presumed superiority of colonial peoples and worldviews should be condemned;
• we contribute to the diversity and richness of the cultures that make up humanity and believe that we can teach valuable lessons to the rest of the world through our values and world views in how to tread gently upon the earth;
• destruction of Indigenous Peoples sacred sites and areas of spiritual and cultural significance by extractive industries must stop;
• the vulnerable position of women and youth with regard to the impacts of extractive industries, including loss of livelihoods, violence and impacts on health and well-being must be recognized;
• the development model premised on unsustainable consumption and production, and corporate globalisation, which fuels the entry of extractive industries onto our lands must be rejected;
• respect for the preservation of life on earth, and our right to food, must have precedence over extractive industry projects;
• extractive industry projects must not take precedence over our right to land - regardless of whether our rights are based on legal recognition or usufruct rights;
• there must be an immediate end to the criminalization of community resistance, the violent intimidation, harassment, and murder, of our leaders, activists and lawyers who are working for the defence of our lands and lives;
• extractive industry projects must not take precedence over the human right to water. Water is especially important in our lives and is sacred to us. In addition the major reserves of fresh water are found in our territories;
• the right to water is a fundamental human right which must be recognized. We therefore condemn the conduct of the World Water Council which demotes the right to water a “basic need”;
• negotiations about climate change should not be conducted by States and international organisations unless there is full and effective participation of Indigenous Peoples. Furthermore, mitigation and adaptation measures related to climate change must be designed and implemented in keeping with Indigenous Peoples' rights;
• the failure to hold extractive industries to account in host and home countries must be addressed and mechanisms for accountability and enforcement must be created immediately; and
• implementation of interstate infrastructure initiatives - such as the South American Regional Infrastructure Initiative (IIRSA) - that lead to mega-projects on our lands and territories without first obtaining our free prior and informed consent (FPIC) are destructive to our cultures and survival, and a denial of our right to self determination.

Given the above, in order to ensure respect for the rights recognized in the UN DRIP, as well as the ecological integrity of our planet and communities, we call for:-
• a stop to the plunder of our lands, territories and resources;
• a moratorium on further extractive industry projects that affect or threaten our communities, until structures and processes are in place that ensure respect for our human rights. The determination of when this has been realized can only be made by those communities whose lives, livelihoods and environment are affected by those projects;
• due process and justice to victims of human rights violations who are resisting extractive industries;
• review of all on-going projects that are approved without respect for our FPIC and self determination rights; and
• compensation and restitution for damages inflicted upon our lands, territories and resources, and the rehabilitation of our degraded environments caused by extractive industry projects that did not obtain our FPIC.

We call on Indigenous Communities and their Supporters:-

• to create an international mechanism working on extractive industries and Indigenous Peoples aimed at sharing information, education, advocacy and the defence of our rights;
• to coordinate research on mining companies, processes and investment sources to empower communities, build strategic plans and ensure recognition and respect for our rights;
• to assert their right to control the authorization of projects, and where FPIC has been given, the conduct of extractive activities in indigenous lands and territories through the use of indigenous customary laws;
• to create a mechanism to compile legal precedents from relevant court decisions on Indigenous Peoples and extractive industries;
• to build relationships with non-indigenous groups concerned with the problem of extractive industries, nationally and internationally, to find common ground; and
• to establish a International Day of Action on Extractive Industries and Indigenous Peoples.

We call on Civil Society Organisations:-

• to increase their support, and solidarity in a manner that is sensitive to the issues of Indigenous Peoples;
• especially conservation and other NGOs, not to impose themselves or their views upon us, but respect our legitimate leadership and also seek the FPIC of communities before intervening; this also applies to academics including anthropologists; and

We call on Companies:-

• to respect international standards on rights in all jurisdictions, especially the minimum standards as set forth in the UN DRIP, which includes in particular, the right to lands, territories and resources and attendant right to FPIC. This also applies to consultants;
• to submit to independent and credible monitoring;
• to be accountable for the environmental disasters, destruction and human rights violations as a result of their operations;
• to employ proven technology and adhere to the precautionary principle at all levels and in each project;
• to recognize the specific vulnerability of indigenous women to the negative impacts involved with extractive industries;
• to ensure full transparency in all aspects of their operations, and especially to ensure affected communities have full access to information in forms and languages they can understand; and
• to conduct and implement environmental, social, cultural and human rights impact assessments to the highest international standards ensuring independent review and participation of indigenous peoples;

We call on Investors:-

• to ensure that policies in relation to investments in indigenous territories reflect the rights articulated in the UN DRIP, and that the ethical index listings used should base their investment recommendations on third party information, as opposed solely to information from the company in which they may invest and
• not to invest in fossil fuel related projects.

We call on States:-

• specifically those States that have not done so yet, to adopt the UN DRIP and ratify International Labour Organization (ILO) 169, and for those States who have to uphold the rights articulated therein;
• to establish, in consultation with Indigenous Peoples, clear mechanisms and procedures at national levels for the implementation of international juridical instruments, specifically the UN DRIP, ILO 169 and International Convention on the Elimination of All Forms of Racial Discrimination (ICERD);
• to review laws and policies on extractive industries that are detrimental to Indigenous Peoples, and ensure consistency with the UN DRIP and international instruments protecting Indigenous Peoples rights;
• to recognize and enforce the rights Indigenous Peoples to FPIC as laid out in UN DRIP, in accordance with our customary laws and traditional practices;
• to recognize and ensure the demarcation and titling of our ancestral lands;
• to recognize our customary laws and traditional mechanisms of conflict resolutions;
• to support the efforts of Indigenous Peoples to develop economic alternatives to extractive industries, in order to alleviate the poverty that creates false dependencies on extractive industries;
• to abolish hedge funds and all forms of private equity that are not transparent and well regulated, and which distort the price of minerals;
• to legislate and regulate thorough processes for independently conducted environmental, social, cultural and human rights impact assessments, with regular monitoring during all of the phases of production and rehabilitation;
• to protect indigenous activists, human rights defenders and lawyers working on human rights issues, and where the State is the violator we demand an end to the violations against our peoples;
• to ban particularly harmful extractive practices, including riverine tailings disposal, gas flaring, effluent discharges, submarine tailings disposal, mountain top removal and large scale open-pit mining. Given the risks posed by climate change, serious re-consideration should be given to the construction of tailings containment in low-lying coastal areas and in areas exposed to increasingly severe weather events and
• to ensure that their development cooperation policies and programmes respect Indigenous Peoples rights’, in particular in the context of extractive industries and our right to FPIC.

We call on the UN Permanent Forum on Indigenous Issues (PFII):-

• to request that the UN Indigenous Peoples Expert Mechanism conduct a study, with the participation of Indigenous Peoples, on the impact of extractive industries on them, by consolidating all recommendations, observations and decisions of UN Treaty and Charter bodies pertaining to the subject and identifying the measures taken by States to adhere with these;
• to request that UN mechanisms, agencies and bodies promote the elaboration of mechanisms and procedures for States to implement to minimum standards set forth in the UN DRIP, including in particular the right to FPIC;
• to establish procedures which provide indigenous communities with the opportunity to request the relevant UN agencies to assist them in the monitoring and provision of independent information in FPIC processes;
• to support the Indigenous Peoples’ proposal that there be an international Mother Earth Day, and encourage all UN agencies, mechanisms and bodies to do likewise;
• to demand the full and effective participation of Indigenous Peoples in all discussions and decisions pertaining to international agreements and conventions that address issues of biological diversity and or climate change;
• to emphasize the need to address the direct and indirect impacts of extractive industry on climate change, including those associated with mitigation measures;
• to emphasize the need for the widespread diffusion of information and critical debate between Indigenous Peoples about the ongoing mechanisms and negotiations relative to carbon trading and the carbon market;
• to request that the Special Representative to the Secretary General on the issue of human rights and transnational corporations and other businesses, John Ruggie, and other UN organisations, bodies and agencies, promote the enactment of legislation in home states of transnational corporations that provides for extraterritorial jurisdiction in relation to their activities;
• to recommend that the World Bank Group update its operational directives and safeguard policies pertaining to Indigenous Peoples to include the right to FPIC, as required under the UN DRIP;
• to recommend that the World Bank Group immediately stop funding, promoting and supporting fossil fuel related projects and large scale mining projects on indigenous lands, and provide a set timeline for ending of all such funding;
• to recommend that the World Bank stop influencing the design of national policies in developing countries in a manner that promotes the interests of transnational mining corporations over the rights of indigenous communities;
• to recommend that the World Health Organisation consider conducting a study on the impact of cyanide and heavy metals on the right to health of communities impacted by mining;
• to address the urgent need for the genuine recognition of indigenous religious, cultural and spiritual rights, including their sacred sites in the context of extractive projects and
• to recommend that all bilateral agreements should guarantee that indigenous peoples’ human rights are respected.

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Source: Unrepresented Peoples and Nations Organization (UNPO)

Native Rights News is making this material from UNPO available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
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Pressure Mounts on New Zealand to Adopt UN Declaration on Rights of Indigenous Peoples

NZ now lagging behind in Indigenous Rights

Friday, 3 April 2009, 3:23 pm
Press Release: Hamilton City Council

Amnesty International Aotearoa NZ welcomes [NZ Prime Minister] John Key's recent comments regarding New Zealand's possible support of the United Nations Declaration on the Rights of Indigenous Peoples, but calls on the NZ Government to follow in Australia's footsteps by making a solid commitment to the Declaration.

An announcement was made today by Australian Indigenous Affairs Minister Jenny Macklin that Australia will officially support the United Nations Declaration on the Rights of Indigenous Peoples.

"Australia has now taken a lead role in the promotion of the rights of Indigenous Peoples. It is time for NZ to follow suit and support the Declaration and its potential for promoting trust and a healthy treaty-relationship between Maori, iwi and hapu and the NZ Government," says Andrew Erueti, Amnesty's Co-ordinator of the Human Rights of Indigenous People's Programme.

Though the Declaration is non-binding, NZ's endorsement would signal to the international community this country's serious commitment to Indigenous Rights.

"While Amnesty welcomes the NZ Governments recent decision to review the controversial Foreshore and Seabed Act - an Act that was unequivocally criticised by the UN. NZ's immediate and unqualified support for the Declaration would contribute significantly towards healing the rift between Maori and Government over the foreshore debate," adds Erueti.

New Zealand was amongst only four countries to vote against the Declaration when the UN's General Assembly adopted it in September 2007, along with Australia, the United States and Canada.

"Amnesty International has consistently made calls for New Zealand to endorse this Declaration as another step forward in this country's leadership of human rights. A commitment now from the NZ Government would ensure that all New Zealanders stand to gain from such a show of good faith," says Erueti.
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NRN source for this article: Scoop Independent News

Native Rights News is making this material from [name of news source] available in accordance with a press release issued on April 3, 2009 by the Hamilton New Zealand City Council and the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

Dodson Says Australia Set to Sign UN Declaration on Rights of Indigenous Peoples as Early as Last Two Weeks of May

Australia will sign UN charter on indigenous rights: Dodson
Joel Gibson Indigenous Affairs Reporter

The Sydney Morning Herald
March 12, 2009

AUSTRALIA could reverse its position on a United Nations charter of indigenous rights as early as May, the Australian of the Year, Professor Mick Dodson, says.

The Howard government had misgivings that the Declaration on the Rights of Indigenous Peoples would elevate customary law above Western law and conflict with aspects of government policy. But it is Rudd Government policy to support the declaration and it has been looking for a way to reconcile support with its own approach to indigenous affairs.

The declaration, which was adopted by the UN General Assembly in September 2007 after more than two decades of drafting, outlines the rights of an estimated 370 million indigenous people around the world.

Only Australia, the US, New Zealand and Canada voted against it.

The shadow attorney-general, Senator George Brandis, has warned that the declaration includes provisions "that go well beyond the rights recognised in Australian domestic law".

He said it conferred the right to seek compensation for land taken without permission and to veto projects affecting land, without providing recognition for the rights of third parties.

The Northern Territory intervention, which the Rudd Government will alter in the second half of this year, breaches about half of the charter's 46 articles, according to Claire Smith, an intervention critic and academic at Flinders University.

Professor Dodson said an announcement was imminent, in an interview published yesterday. "The Labor Party's politics has always been to support the declaration, to endorse the declaration. They're going to do that and it may be as soon as the next meeting of the Permanent Forum which will be at the UN headquarters in New York City in the last two weeks of May."

But he remained concerned that the Government's support would be watered down by "too many riders or qualifications or explanatory statements".

Yesterday the Government would say only that it supported the declaration's underlying principles and was "consulting with indigenous organisations, State and Territory governments and other key stakeholders on an appropriate public statement to reflect this".

Meanwhile, the United Nations has agreed to investigate a complaint against the intervention. The case, which claims the intervention is racially discriminatory, is being run by lawyers including George Newhouse on behalf of a group in the NT.
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Copyright © 2009. Fairfax Digital

Native Rights News is making this material from The Sydney Morning Herald available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

San Francisco Seminar Slated on Indigenous Struggle to Defend Sacred Places

TRAINING: Indigenous Peoples’ Struggles to Defend Sacred Places, Saturday March 7, 2009, San Francisco State University

IITC E-News
January 2009

"Our Grandfathers and Grandmothers are still holding a bundle to pray for the water to return, and to bring back a good rain and a good snow for the Land, for the people who remain on the Land, for their grandchildren and the animals."-- Kee Watchman, Dineh Nation

Indigenous Peoples’ Struggles to Defend Sacred Places: Symposium and Human Rights Training
Saturday, March 7, 2009
San Francisco State University, Richard Oakes Memorial Room

PRESENTERS: Carrie Dann & Julie Cavanaugh-Bill, Western Shoshone Defense Project; Manny Pino, Save the Peaks Coalition; Andrea Carmen & Alberto Saldamando, IITC; Radley Davis & Mark Lebeau, Advocates for the Protection of Sacred Sites;

MODERATOR: Morning Star Gali, IITC

9:00 AM: Traditional opening and welcome
9:30 – 12:30 PM: Using United Nations human rights bodies and the Declaration on the Rights of Indigenous Peoples to defend our Rights
12:30 – 2:00 PM: LUNCH BREAK
2:00 – 6:00 PM: Current struggles to protect our Sacred Places: Mt. Tenabo (Western Shoshone), Medicine Lake (Northern California) , San Francisco Peaks & Black Mesa (Arizona), Shell Mounds (Bay Area) & others
6:00 – 7:30 PM: DINNER BREAK (dinner provided for participants)
7:30 – 9:30 PM: Evening Program: Honoring our Cultural Warriors and Panel Presentation featuring special guests: Carrie Dann and Manny Pino

FOR MORE INFORMATION: MORNINGSTAR GALI, IITC SAN FRANCISCO OFFICE: (415) 641-4482
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IITC E-News 2009

Native Rights News is making this material from the International Indian Treaty Council available in accordance with the implied consent of the publisher and the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

NWT High Court Denies Aboriginal Land Claims and Upholds NT Intervention Program

Violent scenes at High Court after land rights decision

Originally published in WAtoday.com.au (02-02-09)

Protesters stormed inside the High Court and clashed with police after the court dismissed a challenge against the federal intervention into Northern Territory Aboriginal communities.

Dozens of anti-intervention protesters, both indigenous and non-indigenous, pushed through the court's front doors minutes after it rejected the case brought by traditional owners from the Arnhem Land community of Maningrida.

Carrying banners and clapping, the protesters chanted, "Always was, always will be Aboriginal land," as they moved into the court's main foyer.

Security guards tried to prevent the protesters from entering the building but were quickly overwhelmed.

Police appeared on the scene soon after, triggering scuffles as they tried to force the protesters back outside.

After a tense half-hour stand-off, the protesters took their demonstration to the streets of Canberra.

Under the NT intervention program, launched by the Howard government in a bid to tackle child sexual abuse, the commonwealth took control of township leases, abolished the permit system, introduced welfare restrictions, boosted police numbers and imposed alcohol and pornography bans.

Maningrida traditional owners Reggie Wurridjal and Joy Garlbin took on the commonwealth over its compulsory five-year takeover of their land.

The land, measuring 10.456 square kilometres, includes a township, four sacred sites, an outstation, a sand quarry, a billabong and a ceremonial site.
The elders, along with the Bawinanga Aboriginal Corporation, argued the commonwealth failed to acquire the land on "just terms" as required by the constitution.

But the court, by a six to one majority, rejected their argument, saying the laws underpinning the intervention properly provided for compensation for Aboriginal organisations and people.

Retiring Justice Michael Kirby, in his final judgment in the court, dissented, arguing the case should be sent to trial.

"The law of Australia owes the Aboriginal claimants nothing less," he said.

A majority of justices also overruled a 1969 High Court decision which held that the just terms requirement in section 51 of the constitution did not apply to laws made by the commonwealth for the governing of the NT and ACT.


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Copyright © 2009. Fairfax Digital

Native Rights News is making this material from WAtoday.com.au available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Perry Chesnut, Editor to Native Rights News at 2/03/2009 06:52:00 AM

Bolivians Celebrate Overwhelming Vote for New Constitution

Upside Down World:

Bolivia Looking Forward: New Constitution Passed, Celebrations Hit the Streets

Written by Benjamin Dangl
Monday, 26 January 2009



After Bolivia's new constitution was passed in a national referendum on Sunday, thousands gathered in La Paz to celebrate. Standing on the balcony of the presidential palace, President Evo Morales addressed a raucous crowd: "Here begins a new Bolivia. Here we begin to reach true equality."

Polls conducted by Televisión Boliviana announced that the document passed with 61.97% support from some 3.8 million voters. According to the poll, 36.52% of voters voted against the constitution, and 1.51% cast blank and null votes. The departments where the constitution passed included La Paz, Cochabamba, Oruro, Potosí, Tarija, and Pando. It was rejected in Santa Cruz, Beni, and Chuquisaca.

The constitution, which was written in a constituent assembly that first convened in August of 2006, grants unprecedented rights to Bolivia's indigenous majority, establishes broader access to basic services, education and healthcare and expands the role of the state in the management of natural resources and the economy.

When the news spread throughout La Paz that the constitution had been passed in the referendum, fireworks, cheers and horns sounded off sporadically. By 8:30, thousands had already gathered in the Plaza Murillo. The crowd cheered "Evo! Evo! Evo!" until Morales, Vice President Alvaro Garcia Linera and other leading figures in the Movement Toward Socialism (MAS) government, crowded out onto the balcony of the presidential palace.

"I would like to take this opportunity to recognize all of the brothers and sisters of Bolivia, all of the compañeros and compañeras, all of the citizens that through their vote, through their democratic participation, decided to refound Bolivia," Morales said. "From 2005 to 2009 we have gone from triumph to triumph, while the neoliberals, the traitors have been constantly broken down thanks to the consciousness of the Bolivian people."

He shook his fist in the air, the applause died down. "And I want you to know something, the colonial state ends here. Internal colonialism and external colonialism ends here. Sisters and brothers, neoliberalism ends here too."

At various points in the speech Morales, and others on the balcony, held up copies of the new constitution. Morales continued, "And now, thanks to the consciousness of the Bolivian people, the natural resources are recuperated for life, and no government, no new president can…give our natural resources away to transnational companies."

A Weakened Right

Though news reports and analysts have suggested that the passage of the new constitution will exacerbate divisions in the country, some of the political tension may be directed into the electoral realm as general elections are now scheduled to take place in December of this year. In addition, the constitution's passage is another sign of the weakness of the Bolivian right, and their lack of a clear political agenda and mandate to confront the MAS's popularity. The recent passage of the constitution is likely to divide and further debilitate the right.

Even Manfred Reyes Villa, an opponent of Morales and ex-governor of Cochabamba, told Joshua Partlow of the Washington Post that, "Today, there is not a serious opposition in the country." When the right-wing led violence in the department of Pando in September of 2008 left some 20 people dead and many others wounded, the right lost much of its legitimacy and support. "With Pando, the regional opposition just collapsed," George Gray Molina, an ex-United Nations official in Bolivia, and a current research fellow at Oxford University, told Partlow. "I think they lost authority and legitimacy even among their own grass roots."

Celebrations

Fireworks shot off at the end of Morales' speech in the Plaza Murillo, sending scared pigeons flying. Live folk music played on stage as the crowd danced and the TV crews packed up and left. The wind blew around giant balloon figures of hands the color of the Bolivian flag holding the new constitution.

As the night wore on, more people began dancing to the bands in the street than to those on the stage. At midnight, when the police asked the thousands gathered to leave the plaza, the crowd took off marching down the street, taking the fiesta to central La Paz, cheering nearly every Latin American revolutionary cheer, pounding drums and sharing beer. After marching down a number of blocks on the empty streets, the crowd hunkered down for a street party at the base of a statue of the Latin American liberator, Simón Bolívar. The celebration, which included Bolivians, Argentines, Brazilians, French, British, North Americans and more, went on into the early hours of the morning.

Oscar Rocababo, a Bolivian sociologist working on his Master's degree in La Paz, was elated about the victory in the referendum. "The passage of this constitution is like the cherry on top of the ice cream, the culmination of many years of struggle."

Recent articles by Benjamin Dangl related to Bolivia constitutional referendum:

From Bolivia's Streets: What Voters Think About the New Constitution (1/25/09)

Bolivia: After Rallies for New Constitution, Morales Nationalizes Oil Company (1/24/09)

Spilling Ink Instead of Blood: Bolivia Poised to Vote on New Constitution (1/22/09)

¿Sí o No? Bolivians Mobilize for National Vote on New Constitution (1/18/09)

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Benjamin Dangl is currently based in Bolivia, and is the author of The Price of Fire: Resource Wars and Social Movements in Bolivia (AK Press). He is the editor of TowardFreedom.com, a progressive perspective on world events, and UpsideDownWorld.org, a website on activism and politics in Latin America. Email Bendangl@gmail.com

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© 2009 Upside Down World

Native Rights News is publishing this article with the express permission of the author. This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/28/2009 07:49:00 AM

Bolivians Ratify New Constitution Giving More Rights to Indigenous Peoples

27 January 2009

Press Conference
___________________________________________
Department of Public Information • News and Media Division • New York

PRESS CONFERENCE BY BOLIVIA ON NEW CONSTITUTION

With early returns showing that 60 per cent of the people of Bolivia had voted in favour of Sunday's historic referendum, the country's Deputy Permanent Representative to the United Nations said today that Bolivians had endorsed a new Constitution that gave greater voice to long-marginalized indigenous groups and "expanded, extended and deepened" democracy to everyone in the county.

Speaking to reporters at United Nations Headquarters this morning, Pablo Solón-Romero said that, for the first time in Bolivia's history, a political Constitution had been put before all the people, who had been able to not only vote on the text, but participate in its drafting. That exercise had reversed centuries of exclusion, as there had been very little public participation –- and no input from the country's indigenous majority -- in Bolivia's 18 constitutional processes since 1825.

"The new Constitution expands, extends and deepens the rights of all Bolivians, especially indigenous people and other groups", that had been historically discriminated against, said Mr. Solón-Romero, noting that the new charter drew on the language of the United Nations Declaration on the Rights of Indigenous Peoples, adopted two years ago by the General Assembly.

Among other things, Bolivia's new Constitution guaranteed ownership of natural resources, as well as ownership of State enterprises by the Bolivian people "to prevent the recurrence of any processes of privatization of State corporations and natural resources that we saw over the past 25 years", he said.

Further, the new Constitution brought together the concept of departmental, municipal and indigenous autonomy with a vision of integration and unity, he continued. The Constitution also placed limits on the extent of land ownership and set up what he called a "pluralistic property regime" that included private, State and communally held property.

Overall, the positive outcome reflected the will of the people to strengthen the rule of law, democracy, unity and justice on an increasingly inclusive basis. "We seek to have the will of the majority recognized and want to move towards the implementation of this new constitutional text in a wide-ranging manner with the participation and initiative of all," he said, stressing that such implementation would be based on respect for Bolivia's traditional legal standards.

He welcomed the participation of the team of international observes who had monitored the vote, and appealed to the international community to continue to work with his Government to strengthen the rule of law and democracy in Bolivia, Latin America and throughout the world.

Responding to questions about criticism of the new Constitution, including that there were provisions which decreed that all people "opposing national unity" were guilty of treason, Mr. Solón-Romero said such accusations were false. Nothing in the Constitution stipulated anything like that. At the same time, the Bolivian State was working to ensure unity, so no actions could be taken that undermined State unity or the spirit of the Constitution.

He also dismissed charges that the Constitution gave President Evo Morales the power to "dissolve Congress at will". The current text maintained the country's political and legislative structure, as well as the methods by which representatives and senators were elected. One key change was that the Constitution now guaranteed indigenous seats in the legislature to ensure the participation of such stakeholders in the country's decision-making processes. "Many lies have been told regarding double participation by indigenous representatives," he said, stressing that each citizen would have one vote.

He said that political interest groups might have been fomenting such accusations, largely because of upcoming elections in the country. Indeed, the political opposition to the new Constitution and the changes it would set in motion remained "ferocious", even though several key concerns -– including departmental autonomy -– had been included in the referendum. The opposition was aiming to destabilize the electoral landscape to gain political clout against the current Bolivian Government ahead of the December 2009 ballot, he said.

To questions about Government officials' comments regarding the behaviour of journalists and press freedom in Bolivia, he said President Morales had expressed his opinion that, often, the actions of the press appeared to be guided more by the interests of the owners of media corporations than the interests of journalism.

"This is a serious problem," he continued, noting that even a quick survey of the past few years would reveal that statements from the opposition were amplified and featured more often by the press corps, so that it appeared to be much greater than the opposition actually seated in Parliament. Bolivia, nevertheless, believed the media played an essential role, but journalists must tell the truth and must be fair and independent.

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For information media • not an official record

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Public Domain Material

Native Rights News is making this material from the UN Department of Public Information available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/28/2009 07:17:00 AM

Historic Vote on New Bolivian Constitution to Occur This Sunday

Spilling Ink Instead of Blood: Bolivia Poised to Vote on New Constitution

Written by Benjamin Dangl
Editor, Upside Down World
Thursday, 22 January 2009

Dozens of marches and rallies in support of Bolivia's new constitution, to be voted on this Sunday, have filled the streets of La Paz in recent days. On Tuesday, at a rally for the constitution and to celebrate Venezuela's donation of 300 tons of asphalt to the city of La Paz, President Evo Morales took the stage, covered in confetti and with a coca leaf wreath around his neck. The crowd cheered and waved signs, one of them saying, "Thanks for the asphalt and the progress."

The new constitution, written in a diverse assembly which first convened in 2006, is expected to pass in the January 25th national referendum. Other governments led by left-leaning leaders in the region have also passed new constitutions in recent years, including Hugo Chavez in Venezuela in 1999, and Rafael Correa in Ecuador in 2008. In varying degrees, Bolivia's new constitution is expected to play an important role in the implementation of progressive policies developed by the Morales administration and his party, the Movement Toward Socialism (MAS).

At the Tuesday rally in La Paz, the sun was strong as drums and roman candles pounded at the air. The screech of packing tape shot out as one bearded participant secured his indigenous wiphala flag to a plastic pole. A group of women blocked off the expanse of one street with a banner that said, "The right wing will not pass – Yes to Evo."

A giant blown-up balloon statue of Evo Morales – present in nearly every La Paz rally in the days leading up the referendum – stood over the crowd. On his chest was the ballot voters were to face this Sunday: the "Si" box was checked, and, on two boxes regarding what hectare amounts to limit new land purchases at, the 5,000 hectare box was checked, the 10,000 hectare box left blank.

During his speech, Morales sounded a bit tired, no doubt from the nearly endless campaigning he's been involved in for the new constitution. After the applause died down, he thanked various groups for arriving and urged people to vote for the new constitution. "Brothers and sisters we believe in you, we believe in the people of Bolivia, so that democratically we can transform Bolivia for all Bolivians," Morales said. He listed off some of the highlights of his three years in office so far, which he said included the nationalization of Bolivia's gas and the fight against corruption. "But we need to constitutionalize these changes," he continued.

Morales pointed out that in the new constitution, basic services – such as water, sewage, gas and electricity – would be a human right, as would education and healthcare. Morales also reflected on the recent history of US intervention in the country and pointed out that the new constitution prohibits the creation of US bases in Bolivia. He clarified that, in spite of the right wing's claims, the new constitution does not (unfortunately) legalize abortion and gay marriage. Above all, he explained, indigenous rights and indigenous representation in government would be empowered. (For more on what changes the new constitution might bring, see this previous article, Bolivians Mobilize for National Vote on New Constitution, 1/18/09)

At this point in Morales' speech, one security guard was already starting to yawn. A light rain began to fall, women pulled plastic bags over their bowler hats, and the "Viva La Nueva Constitución" cheers became weaker as people returned to work from their lunch breaks.

History and Division

Bolivian social movements have for decades been demanding that a constituent assembly be organized to rewrite the constitution. According to the book Impasse in Bolivia, by Benjamin Kohl and Linda Farthing, from 1826 to 2004, Bolivia has had 16 constitutions and six reforms. The first constitution, drafted by Simón Bolívar himself in 1826, promised to create the "world's most liberal constitution." However, even the most liberal of constitutions is ineffective if its dictates are not enforced, which has been the case throughout Bolivian history. Kohl and Farthing also point out that, "Until 1945, all constitutions made a distinction between being a Bolivian – a person born in the country or married to a Bolivian – and being a citizen: a status restricted to literate, propertied men that specifically excluded domestic servants, regardless of income."

Calls for a new constitution as a tool to create a more egalitarian society re-emerged most recently in the 1990s when indigenous groups in the east of Bolivia demanded a constituent assembly to open new space for their political participation in decision-making at the government level. According to the Andean Information Network, indigenous organizations advocating a constituyente "sought greater participation in the political decisions regarding the use and distribution of land and natural resources, the allocation of state resources, and national development policies." In fact, these demands correspond to many of the un-applied rights and guarantees made by previous constitutions.

It's this sense of overdue justice that is leading many people to support the new constitution. As university student Leidy Castro told Prensa Latina, "We will be in favor of a Constitution that for the first time includes all Bolivians, no matter how much money people have. In addition, it protects sectors that have been marginalized for a long time."

None the less, right wing opponents to the constitution have been active in recent weeks as well, organizing marches and campaigns across the country parallel to the activities of those supporting the constitution. Recently, when these groups collide, there have been some violent confrontations, or at least some strong words exchanged.

Around noon on Wednesday, January 21st, a march against the constitution went down the central Prado street in La Paz. Participants were waving the pink flags of the right wing Revolutionary Nationalist Movement (MNR) party with the message "Vamos por el No" written on them. They arrived in the Plaza de Estudiantes where the ever-present Evo Morales balloon was situated along with a giant "Sí" balloon. A crowd of supporters of the new constitution had already gathered there; one of them had a microphone through which he broadcasted his attacks on the right wing with comments such as "You traitors don't have a real plan! We have a real plan with our new constitution!"

The tension escalated, and the two groups began tossing their ample literature and pamphlets at each other, yelling opposing chants. On one side were the blue flags of the MAS, and the multi-colored wiphala flag, and on the other were the pink flags of the MNR. After some spirited verbal battles, and a few scuffles and pushing matches, the MNR contingent marched back up the street, while the MAS supporters remained in the plaza, giving speeches and firing off roman candles into the evening. At a nearby university, revolutionary folk music blasted throughout the day from a speaker next to Palestinian flags and literature about Israel's attacks on Gaza. (Morales recently expelled Israel's ambassador to Bolivia in protest of the bombings in Gaza.) The university's students have been hosting almost nightly marches and torch-filled, bonfire rallies in support of the new constitution.

Media and Change

There have been numerous street battles throughout the process of re-writing and approving the new constitution. But another battle has been waged in the country's media. Major newspapers in Bolivia seem almost unanimously critical of the constitution and the MAS, spreading regular misinformation about both. For example, a recent headline in El Diario newspaper said, "Bolivia Will Return To Barbarism With Community Justice." (Community justice, practiced by many indigenous groups across the country, is officially recognized in the new constitution.) In numerous papers, opinion articles and pieces that draw exclusively from right wing politicians and civic leaders are regularly passed off as straight news, with headlines full of outright lies about the new constitution's contents.

Edwin, a La Paz taxi driver who used to work hauling furniture and goods on his back at local markets, agreed that most media in Bolivia are against Morales and the new constitution. "But who cares what they say? The journalists are few, but we, the Bolivian people, are many."

In response to the media's attacks against the government, Morales has announced the launch of new state newspaper, called "Cambio" (Change), which was released today, January 22. "We are organizing ourselves, we are preparing ourselves with media to broadcast the truth to the Bolivian people," Morales said in a recent speech. "This new newspaper will be launched, that won't humiliate anyone, but will inform and educate us."

Regardless of the extent to which the changes in the new constitution are applied, the document is significant in that it has been a central part of the political battleground for the bulk of Morales' time in office. The constitution is also a kind of mirror held up to Bolivian politics, representing the hopes, contradictions and shortcomings of various sides of the political divide.

There are many valid criticisms of the constitution from the left – that the document won't allow for the break up of existing large land holdings, that it won't legalize abortion, that it doesn't go far enough in combating neoliberalism, that there exists a lot of vague language about how these changes will be implemented, and more. But of the many people who will cast their ballot for the constitution this Sunday, a significant number won't be voting specifically for the new document, or even the MAS government, but against the right wing, and the racism, poverty and conflicts the right has exacerbated in recent years.

In any case, the passage of the constitution will open up a new phase for the Morales government, as well as a new period of electoral campaigning: if the constitution passes, general elections will be held on December 6th of this year. As Alfredo Rada, the Minister of the Government, said in an interview with Telesur, "The government is optimistic and believes that this Sunday we will win a majority triumph with the "Yes" vote, and with this open a new chapter in Bolivian history."

***

Stay tuned for more reports and analysis on the upcoming vote and new constitution.

Benjamin Dangl is currently based in Bolivia, and is the author of The Price of Fire: Resource Wars and Social Movements in Bolivia (AK Press). He is the editor of TowardFreedom.com, a progressive perspective on world events, and UpsideDownWorld.org, a website on activism and politics in Latin America. Email Bendangl@gmail.com

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© 2009 Upside Down World

Native Rights News is making this material from Upside Down World available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/23/2009 05:17:00 PM

AIM Co-founder Urges President Obama to Take Seriously the Issues Facing Indigenous Peoples

[Editor's Note: This letter was published by the Native American Times prior to Barack Obama's swearing-in ceremony, which took place on January 20, 2009 at 12:00 noon. For more information on Clyde Bellecourt, click on this Wikipedia article]

Letter to President-elect Obama from Clyde Bellecourt - AIM Grand Governing Council

President-elect Barack Obama
Transitional Team
Washington D.C. 20720


Dear Mr. President-elect,

In this year of hope and change, please accept my expression of congratulations and best wishes to you, your family and your administration, as the American Indian Movement unites with many Native people from across the hemisphere who welcome your victory. A vision of democracy is being fulfilled in our time and before the eyes of the world.

Tribal communities and governments clearly heard your commitment to reform the broken systems that manage and administer trust lands and other trust assets belonging to tribes and individual Indians. Your support of legal protections for our sacred places also encourages our governments and communities to believe that you will arduously defend the sanctity of our ancestral domains. The commitments made and in your principles statement echo the very concerns that summon representatives of indigenous governments to Washington on the eve of an historic inauguration.

It is in support of these Native American heads of state that I write to you. They bear on this journey of the burden of the future of our children, and their children's great, great, great grandchildren to be. Your administration will take office with clear understanding of conditions faced by Native American people in both the United States and Canada - conditions that defy reason to people throughout the global community. No one can understand how an eight-year old Canadian First Nations child could commit suicide in the heart of her community; or why elders can not heat their homes, while two-million [barrels] of dirty oil swiftly cross their backyards, threatening sacred world heritage sites. International media can not resolve to their audiences United States resistance to the abundantly clear need for justice in the billions of dollars under the eight-year long Indian Trust Lawsuit, while approved bailouts in the trillions for investors and lending-houses appear nearly overnight and apparently abandon all rules and accountability in favor of the most privileged.

Last year, many people heard the name that the Crow People bestowed on you when they made you a relative: "One Who Helps People Throughout the Land." Our children are falling prey to human trafficking, our young parents are losing hope with unemployment levels that exceed the national average by 1,000 percent; and the very health of our Elders is stolen from them little-by-little each day, deprived of the dignity that we have always reserved for them at this time in their lives, since time immemorial: these are the people that need your help. The chiefs calling on your office bear in mind the right to property that the United States records in the Bill of Rights and in numerous treaties on both sides of the border, which is absent in the Canadian Charter of Rights a and Freedoms. The Alberta Clipper and TransCanada Keystone Project that stands to benefit business and the general public in trillions of dollars may be built on the ruin of thousands of Native lives, if the United States fails to pressure Ottawa into compliance with their high courts in the matter of consultation and inclusion that you have emphasized as a principle.

Our hereditary leaders, Elders and the emissaries of our traditional governments who comprise the International Indigenous Treaty Council began the task three decades ago of working in the United Nations and securing international agreement on the inherent rights of our Peoples, our cultures, our children and indeed our future on Mother Earth. The unceasing work of many people finally gained passage of that agreement a little over a year ago. Article 19 speaks to one of the concerns that we bring to your attention. "States shall consult and cooperate in good faith with the indigenous peoples concern 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."

I urge you to take with serious regard the concerns of our chiefs, delegates to the Assembly of First Nations Canada, as we recall your words that "few have been ignored by Washington for as long as Native Americans - First Americans." The world will not ignore what you say, but our leaders need to know that you hear the voices they represent from throughout the land.

Most respectfully,

Clyde H. Bellecourt
Nee-Gon-Nway-Wee-Dung, "Thunder before the Storm"
Co-Founder and National Director, American Indian Movement

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Posted By Alliance for Indigenous Rights to Native Rights News at 1/20/2009 09:38:00 AM