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21.05.09

FORO. North American Regional Indigenous Peoples Caucus Statement on Human Rights PFII

Categorías: Foro Permanente

North American Regional Indigenous Peoples Caucus
Intervention on Agenda Item 4 (a) - Implementation of the United
Nations Declaration on the Rights of Indigenous Peoples (May 21, 2009)

The Declaration on the Rights of Indigenous Peoples (DRIP) is the
first international decision to firmly challenge the Colonial
Doctrines of Discovery.

The Declaration is a real test on the United Nations to see what
measure of indigenous rights Indigenous Peoples will achieve and enjoy.
The North American Indigenous Peoples Caucus expresses great concern
that the United States and Canada voted against and continue to oppose
the Declaration on the Rights of Indigenous Peoples.

Indigenous Peoples of North America represent a very fundamental human
rights challenge to the United States and to Canada.
How the Permanent Forum on Indigenous Issues implements the
Declaration on the Rights of Indigenous Peoples is very important to us.

Article 42 states the “The United Nations, its bodies, including the
Permanent Forum on Indigenous Issues shall promote respect for and
full application of the provisions of this Declaration and follow up
the effectiveness of this Declaration.”

As such, the NAIPC recommends:

The Permanent Forum shall apply all relevant provisions of the
Declaration in its work related to the mandated areas of economic and
social development, culture, the environment, education, health and
human rights, as well as to themes and other activities of the Forum.

As the UNDRIP is a human rights instrument and human rights is a
mandate of the UNPFII shall establish a parallel involvement with the
Office of the High Commissioner of Human Rights, including the OHCHR
Expert Mechanism on the Rights of Indigenous Peoples in all aspects of
the promotion and implementation of Article 42.

The Permanent Forum on Indigenous Issues shall apply the Declaration
on the Rights of Indigenous Peoples to the mandates, themes and all
other activities of the Permanent Forum.

Responding to UNPFII document E/C.19/2009/2, recommendation 64 (b), we
further recommend that the UNPFII create a committee or task team
whose majority shall consist of Indigenous Members of the UNPFII and
whose mandate will be to report on the promotion and application of
the UN DRIP to the Permanent Forum. Further this committee or task
team shall promote the application of the UNDRIP among UN agencies and
bodies and follow up on the effectiveness of the implementation of UN
DRIP by those fora. Each Region of the Global Indigenous Peoples
Caucus will appoint one person to review, comment and make
recommendations on the outcomes of the review of the implementation of
Article 42 of the DRIP.

The North American Indigenous Peoples Caucus believes the key areas
that need special consideration in the implementation of Article 42
include the Articles on self-determination, right to lands and
territories, free prior and informed consent, protection of cultural
heritage, and treaties, agreements and other constructive arrangements.
Finally, we recommend the UNPFII be better resourced to implement this
recommendation.

In closing the North American Indigenous Peoples Caucus would like to
endorse the Global Indigenous Peoples Caucus recommendation that one
of the first steps the United Nations Permanent Forum on Indigenous
Issues should take is to change the name of the “Permanent Forum on
Indigenous Issues” to the “Permanent Forum on Indigenous Peoples”.
The Declaration clearly affirms we are Indigenous Peoples and not
Indigenous Issues.

Thank you.
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