THE UNITED NATIONS COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION REVIEWS THE UNITED STATES AND QUESTIONS ITS RECORD OF RACIAL DISCRIMINATION AGAINST INDIGENOUS PEOPLES

IITC Delegation includes UCTP Representative, Tai Pelli

Geneva, Switzerland: From August 9 through 13, 2022 four delegates representing the International Indian Treaty Council (IITC) participated in the long-awaited review of racial discrimination in the United States (US) by the United Nations Committee on the Elimination of Racial Discrimination (CERD) during its 107th Session in Geneva Switzerland.  CERD is the Treaty monitoring body for the International Convention on the Elimination of Racial Discrimination (ICERD), to which the US is a State Party.

The CERD’s review will assess US. compliance with its legally binding obligations under the ICERD to eliminate racial discrimination.  This was the first review of the US since 2014 since the previous US administration chose to ignore the due date for submission of its report in November 2019. The current US report was submitted in June 2021, and representatives from 10 US government agencies participated in the review.

 

On August 9, the CERD provided the opportunity for Indigenous Peoples and Civil Society delegations to make statements about the US lack of compliance with the ICERD and to provide examples of unaddressed and unreported racial discrimination. Summer Blaze Aubrey, IITC Staff Attorney, summarized IITC’s written “Shadow Report” which addressed historic and ongoing violations of the Treaties concluded by the US with Indigenous Nations and the many forms of racial discrimination and human rights violations taking place as a result. There were also two informal breakfast meetings on August 10 and 11 in which Indigenous Peoples and Civil Society again had a chance to speak with Committee members regarding the US’s lack of compliance with the Convention.

 

The IITC also credentialed Chief Gary Harrison, Chickaloon Native Village Alaska, and IITC Consulting Attorney June Lorenzo, Laguna Pueblo and Diné. IITC Board member Tai Pelli also participated, credentialed under her organization, IITC affiliate the United Confederation of Taino People (UCTP). The Western Shoshone Defense Project and the Changing Woman Initiative were among the other Indigenous delegations represented at the session.

 

The Committee carried out its formal review and questioning of the US on August 11 and 12. Mr. Mehrdad Payandeh, CERD member from Germany, focused on Indigenous issues for the review.  He questioned the US about key issues that had been raised by the Indigenous Peoples delegations, including:

• The negative impacts of colonialism on the enjoyment of human rights, highlighting that “human rights violations of Indigenous Peoples are a persistent legacy of colonialism.”
• The concrete implementation of the January 2021 Presidential memorandum on “Tribal Consultation and Strengthening Nation-to-Nation Relationships,” including efforts to give effect to Tribal Treaties.
• The US implementation of dialogues with Indigenous Peoples and traditional and Tribal leaders including Indigenous Peoples of insular territories, such as for example, the Taíno, as well as other unrecognized Indigenous Peoples.
• The failure of the US to implement CERD General Comment 23 regarding the full and non-restrictive implementation of Free, Prior and Informed Consent and the significant and direct impacts on Indigenous Peoples rights and way of life.
• The question of free, prior and informed consent and rights of Indigenous Peoples in regard to their land, territories, sacred sites, and way of life, including the adverse effects of the activities of the extractive industries including extraction of transition minerals, infrastructure projects, and the construction of border fences and walls.
• US response to early warning and urgent action procedures submitted by the Lipan Apache, Native Hawaiian, Gwich’in, Anishinaabe, and Western Shoshone Peoples.
• Concerns over jurisdictional complexities impacting cases of violence against Indigenous persons, especially in cases of sexual violence.
• Concerns over transnational corporations and private security companies and violations of human rights of Indigenous Peoples.

 

Based on his questions, it was clear to the IITC delegation that the Committee and Mr. Payandeh in particular had heard the concerns presented by Indigenous Peoples.  IITC looks forward to the CERD’s concluding observations regarding the US which are expected to be released before the end of the current session on August 30th.

 

Tai Pelli reflected on the power of the Indigenous Peoples delegations’ contributions in Geneva: “The strong and united collaboration of all the Indigenous delegations made a victory out of our participation.  The Committee members took into account all of the issues presented by Indigenous Peoples in their questions to the USA.”

 

The IITC’s  alternative report submitted to the CERD can be found here.  The United States’ periodic report can be found here.

Press Release courtesy of the IITC

Taíno Confederation joins the opposition to U.S. interference in Mexico’s phaseout of glyphosate and GM corn

Washington, DC (UCTP Taíno News) - Today, 80 U.S. organizations delivered a letter to US Department of Agriculture (USDA) Secretary Tom Vilsack and US Trade Representative (USTR) Katherine Tai, opposing the interference by U.S. government officials and agribusiness interests in Mexico’s planned phaseout of glyphosate and genetically modified corn. Signatories to the letter included representatives of Indigenous Peoples, American farmers, workers, consumers, public healths, sustainable agriculture, and other food systems research and advocacy groups. Further, over 6,900 petition signatures from concerned individuals were delivered as well. 

As revealed by a Freedom of Information Act (FOIA) request by the Center for Biological Diversity, under the Trump administration, public officials at USTR and USDA strategized with agrochemical industry representatives from CropLIfe America and Bayer AG (which produces glyphosate) on ways to urge the Mexican government to rescind its policy decisions. After, USTR warned Mexico’s Minister of Economy that Mexico’s action threatened the “strength of our bilateral relationship.” 

The United Confederation of Taíno People (UCTP) and the Caribbean Amerindian Development Organization (CADO) were signatories to the letter. UCTP President and CADO Co-President, R. Múkaro Borrero stated, "The COVID-19 pandemic has shown the world the importance of food security and food sovereignty at national and local levels. Moving toward a right relationship with food and the Earth should be at the top of our global priorities. Other countries should follow Mexico’s example for the phaseout. If you claim to care about the present and future generations, there is no sane reason to be in opposition." 

The joint letter and petition to USTR and USDA urged that the agencies should respect Mexico’s sovereignty and refrain from interfering with its right to enact its own protective policies. The U.S. groups and individuals echoed concerns from agricultural and civil society organizations in Mexico:

"We reject the pressure from corporations such as Bayer-Monsanto — and their CropLife trade association — which are working in both the United States and Mexico to undermine the presidential decree that phases out the use of glyphosate and transgenic corn," declared Fernando Bejarano, director of Pesticide Action Network in Mexico (RAPAM).

Bejarano went on to explain, “We are part of the No Maize No Country Campaign, a broad coalition of peasant organizations, non-profit NGOs, academics and consumers, which support the presidential decree and fight for food sovereignty with the agroecological transformation of agricultural systems that guarantee the right to produce and consume healthy, nutritious food, free of pesticides and transgenics.”

UCTPTN 04.30.2021

UCTP Representative addresses gathering on Alcatraz Island

UCTP representative Tai Pelli addresses the crowd gathered on Alcatraz Island
(Photo courtesy of Native News Online)

Alcatraz Island  (UCTP Taíno News) - Continuing an over 30-year tradition,  International Indian Treaty Council organized the 2017 "Indigenous Peoples’ Sunrise Gathering on Alcatraz Island" on Thursday, November 23, 2017. The event, which was streamed around the world, was attended by close to 5000 people. Cultural presentations and special guest speakers continued throughout the morning commemoration. In an historic first for the event, Tai Pelli, representing the United Confederation of Taíno People addressed the crowd in the English, Spanish, and Taíno languages. A member of the Guainia Taíno Tribe, Pelli provided updates on the current situation in Borikén (Puerto Rico) and the reality people on the island face as a colony of the United States. Although not scheduled to appear, former San Francisco 49rs quarterback, Colin Kaepernick, also addressed the crowd in solidarity and was honored by elders for his work. 

UCTP Taino News 11/25/2017

A Taíno Kasike joins other Indigenous Leaders at Historic Gathering in Peru

Kasike Roberto Múkaro Borrero (at left) with Chief Caleen Sisk (Wintu - at center) and Casey Campy (Ponca - at right) at the Pachacamac Ceremonial Center in Peru

Pachacamac, Peru (UCTP Taíno News) – Indigenous leaders from throughout the Western Hemisphere gathered in Peru from 23-25 August 2017 in recognition of the 10^th anniversary of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. The events where organized by the indigenous organization Chirapaq and the agenda included a ceremonial gathering at the sacred ceremonial center of Pachacamac and a two-day conference, which focused on the history of the global indigenous movement including a current assessment of state of Indigenous Peoples around the world. Among the respected delegates invited was Roberto “Múkaro Agueibaná” Borrero, chief of the Guainia Taíno community and President of the United Confederation of Taíno People. Borrero was representing the International Indian Treaty Council and invited to share information on the United Nations Sustainable Development Goals and Post2030 Agenda.

Before the two-day conference, participants gathered at the sacred ceremonial center of Pachacamac, which is about 40 kilometres southeast of Lima, Peru in the Valley of the Lurín River. While the ancient ceremonial complex is now designated as a museum, Indigenous Peoples from around Peru continue to use the ceremonial grounds for spiritual purposes at various times during the year.  In earlier times, the area was used by pre and post-Inca cultures after being first settled around A.D. 200. It was named after the "Earth Maker" Creator Pacha Kamaq and its role as a significant ceremonial center flourished for about 1,300 years until the Spanish invaded.

The ceremony held on August 23^rd was led by indigenous women and it focused on peace and the health of Indigenous Peoples’ communities. Borrero was the only male who was invited to share a statement and a ceremonial song at the historic gathering.

UCTPTN 08.30.2017

The Paris Agreement: An “Incremental Advance” for International Recognition of the Rights of Indigenous Peoples

Some members of the Global Indigenous Peoples Caucus at COP21 in Paris

Paris, France – The 21st Conference of the Parties of the United Nations Framework Convention on Climate Change (UNFCCC-COP21) officially adopted the Paris Agreement on Saturday, December 12, 2015.  The Agreement, with the legal force of a UN Treaty, was agreed to by all the 195 States (countries) present.  Once ratified by at least 55 States, it will go into legal force in 2020.  It commits all countries, for the first time ever, to cut their carbon emissions while also recognizing the special circumstances of developing countries.  The States also adopted the “Paris Decision” which is not legally binding, but commits States to immediately begin the process of reducing greenhouse emissions that cause climate change.

Some commentators are denouncing the Paris Agreement as a failure while others are hailing it as an historic triumph.  But for Indigenous Peoples, the Paris Agreement can be seen as another step forward for the recognition of their rights in international law.

The International Indigenous Peoples Forum of Climate Change (IIPFCC) and the Indigenous Peoples Caucus representing over 200 indigenous delegates attending this session from around the world, was invited to make a formal statement at the COP21 closing plenary. The IIPFCC closing statement, presented by elder Frank Ettawageshik (Little Traverse Bay Bands of Odawa Indians), highlighted the three key messages advocated by Indigenous Peoples during the two-week session.  These included a call for the rights of Indigenous Peoples [to] be recognized, protected, and respected within a broad human rights framework in both the preamble and the operative sections of the Agreement; a temperature goal of no more than 1.5 degrees Celsius increase over pre-industrial levels; and recognition, respect for and use of Indigenous Peoples’ traditional knowledge, with their free, prior, and informed consent, in measures for adaption to climate change.   The IIPFCC statement, while expressing that Indigenous Peoples were “keenly disappointed” at the shortfalls in meeting these calls, noted that all three Indigenous Peoples messages were “addressed to some degree” in the final Agreement.

In particular, the inclusion of “the rights of Indigenous Peoples” in the preamble paragraph of the Agreement, achieved despite the consistent opposition of some States throughout the process, is a significant and unprecedented step forward.  This is the first time this phrase has appeared unqualified in a legally binding UN Treaty, environmental or otherwise.  The same phrase was included the preamble of the Paris Decision, although both say that States “should consider”, while Indigenous Peoples and human rights advocates called for the use of the stronger word  “shall”.

As noted by hereditary Chief Damon Corrie, Lokono Arawak of Barbados, “strong support by a group of States including Philippines, Mexico, Costa Rica, Peru, Chile, Tuvalu, Indonesia, Canada and others, standing in solidarity with Indigenous Peoples throughout the negotiations, was required to achieve these inclusions in the final Agreement.

Despite disappointment that the phrase ‘rights of Indigenous Peoples’ and Human Rights in general did not also appear in the Agreement’s operative section, International Chief, attorney and member of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) Wilton Littlechild, Ermineskin Cree Nation, clarified that “the preamble of a Treaty provides the context and framework for interpreting and implementing the entire document.”  The Vienna Convention on the Law of Treaties supports his assessment. On this basis, Chief Littlechild called the Paris Agreement an “incremental advancement for recognition of the rights of Indigenous Peoples in international law.”

The Paris Agreement also calls on State parties (countries) to hold “the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels.” The 1.5 temperature goal was a core position not only of Indigenous Peoples, but the Small Island Developing States.

Article 7 of the Agreement addressing Adaptation affirms the need for a participatory, transparent, gender-sensitive approach based on science and “as appropriate, traditional knowledge of indigenous peoples and local knowledge systems”.  UN Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli Corpuz noted that Indigenous Peoples’ traditional knowledge, innovations and practices are recognized in both the Agreement and the Decision, and stated that moving forward “the challenge is how to operationalize this decision.”

The inclusion of Indigenous Peoples’ core positions both in the Paris Agreement and Decision was the result of the monumental, coordinated and unified efforts by the Indigenous Peoples Caucus throughout COP21.  Despite the shortfalls, the inclusion of “the rights of Indigenous Peoples” in both preambles provides a basis for future advocacy to ensure that all programs addressing Climate Change are carried out with respect for the rights of Indigenous Peoples as affirmed in the UN Declaration for the Rights of Indigenous Peoples, including land and resource rights, free prior and informed consent, traditional knowledge and Treaty rights.

Source: http://www.iitc.org/the-paris-agreement-an-incremental-advance-for-international-recognition-of-the-rights-of-indigenous-peoples-121615/

Treaty Council Commemorated 40th Anniversary in Oklahoma

UCTP President R. Mukaro Borrero; Alabama Quassarte Ceremonial Ground Mekko Bobby Yargee; UCTP Liaison Officer Tai Pellicier; and Bonnie Deere attend the historic 2014 IIITC Conference 

Muscogee Nation Territory, Oklahoma (UCTP Taino News) - The 40^th anniversary  conference of the International Indian Treaty Council (IITC) took place in Muscogee (Creek) Territory on September 10-12 at a newly constructed roundhouse dedicated to the late, revered Muscogee spiritual leader and activist Phillip Deere. The IITC conference was entitled “40 Years Defending the Rights and Recognition of Indigenous Peoples.”  

The IITC conference addressed the ongoing challenges faced by Indigenous Peoples throughout the Americas, the Caribbean, and the Pacific such as racism, food sovereignty, environmental health, climate change and reproductive health, among others. Campsites and meals were provided to the local and international participants. Two buffalos were donated from the Inter-tribal Bison Cooperative one from South Dakota and one from the Cheyenne and Arapaho Nation, to feed attendees at the conference.

Various dynamic issues panels were convened and conference participants adopted a number of resolutions for IITC work focus for the next year and beyond. Three organizations requested and were approved as IITC affiliates by the conference general assembly; among them was the Caribbean Amerindian Development Organization (CADO).

The International Indian Treaty Council is an organization of Indigenous Peoples from North, Central, South America, the Caribbean, the Arctic, and the Pacific working for the Sovereignty and Self-Determination of Indigenous Peoples and the recognition and protection of Indigenous Rights, Treaties, Traditional Cultures and Sacred Lands. Since 1977, the IITC has been recognized by the United Nations as a category II Non-governmental Organization (NGO) with Consultative Status with the UN Economic and Social Council, making it the first indigenous NGO to gain such status.

UCTPTN 09.13.2014