And now:Ish <[EMAIL PROTECTED]> writes: X-Sender: [EMAIL PROTECTED] X-Mailer: QUALCOMM Windows Eudora Light Version 3.0.3 (32) Date: Mon, 09 Aug 1999 18:40:47 -0500 To: [EMAIL PROTECTED] From: Indigenous Environmental Network <[EMAIL PROTECTED]> Subject: Haudenosaunee Statement UN Haudenosaunee Commission on Human Rights Sub-Commission on Prevention of Discrimination and Protection of Minorities Working Group on Indigenous Populations Seventeenth Session 26 - 30 July 1999 Agenda Item 8: Treaties Intervention of the Haudenosaunee presented by Chief Oren Lyons Madam Chairperson: Greetings to you, distinguished delegates, leaders and chiefs of Indigenous peoples; Distinguished members of the Working Group and all good people gathered here, The Haudenosaunee delegation to this 17th Session of the Working Group for Indigenous Populations carry the grave responsibility of presenting to you our confederation's history and position on treaties. Treaties made by our nations with Canada, the United States, the United Kingdom, France and other nations including the great Lakota Nation. With the utmost respect and love we pay homage and honor to our past chiefs, leaders and people who are the foundation of our nations, who stood in defense of all of our peoples and lands. They loved us as their future children and they fought and died for us. They made the treaties that we talk about today and we must keep their faces in our minds, those who gave us our lives. We acknowledge and honor Jose R. Martinez Cobo who's Study of the Problems of discrimination against Indigenous populations recognized the importance of our treaties with the colonial powers and nation states. He pointed to their relevance as international instruments of law. We acknowledge and honor the original leaders, chiefs, men and women who made the initial journey here seeking justice, equity and the protection of our peoples, our lands, and our treaties. Those who have traveled and labored these past twenty-two years in defense of our peoples, we honor and thank you. Make our people smile. We acknowledge and honor all members past and present of the Working Group for Indigenous populations who have labored with us on our behalf since your inception in 1982. We give special attention and recognition to this untiring work of our present Chairperson who has held this position since 1984, the distinguished and honorable Erica-Irene Daes. We now acknowledge and honor Professor Miguel Alphonso Martinez, Special Rapporteur, for the Study on Treaties, agreements and other constructive arrangements between states and Indigenous populations. We pay special attention to the dedication, perseverance and integrity of Professor Martinez who within minimal budget constraints did complete his mandate to the Indigenous peoples, this working group and the Commission on Human Rights. We thank you for your work. Finally we would take this time to acknowledge and thank the distinguished representatives of the member states, who have taken the time to join us here over these many years, to provide statements that have produced spirited discussions, and advised us on language and protocol. We thank you and the commission of human rights for providing this forum for the Indigenous peoples of the World. Madam Chairperson: The Haudenosaunee delegation will add only one further comment. Dr. Martinez's observations on how states dismantle and "domesticate" treaties are important and should be a part of a continuing study by an international forum on law. Interestingly, several days ago a statement was made in the working group by the representatives of the United States. He provides an example of how this can occur. I quote, "Since the formation of the Union, the United States has recognized Indian tribes as domestic dependent nations." Madam Chair, we find this sentence relevant and germane to our current discussion on land and treaties. In our opinion it provides a concrete example that a statement without context can be misleading. The Haudenosaunee hold some of the first treaties made with the United States. The treaties of Fort Stanwix 1784, Fort Harmar 1789, the George Washington Covenant of 1794 also known as the Canandaigua Treaty and many more. The point I make here is that these treaties were made before during and after the Constitution of the United States was drafted and became operative in 1789. There was no "domestic dependant" policy in 1789. That term was first used in a Supreme Court case in Johnson v. Macintosh in 1823. Therefore, the statement is erroneous and misleading to all who are uninformed in this history and I thank the distinguished representative of the United States for providing us with this example of contemporary politics. The study by professor Martinez has revealed many of the processes, policies, political and religious theories that provide the basis for land takings in the Western Hemisphere and other frontiers. 15th Century Papal Bulls established a criteria for Indigenous peoples that remains a part of established law in many parts of the world today including the Western Hemisphere. It is the underpinnings of these laws that require more study and investigation in an international forum of law to provided unbiased opinions. Madam Chairperson, Professor Martinez clearly established the need for this forum to deal with ethnocentrism, eurocentrism, Christian doctrine and academic theories that prevail in Western thought. He provides examples that he calls problematique that includes encominda, repartimiento, terra nullus, the Doctrine of Discovery and ex post facto reasoning. The racist doctrine of discovery established in the later part of the 14th century continues today. It provides a focus for discussion and study. In 1955 the Supreme Court of the United States issued a ruling on Tee-Hit-Ton Indians v. U.S. denying their petition for land. The denial was based upon the Doctrine of Discovery (348 US 272 1955). In 1997 a similar decision was issued by the Supreme Court of British Columbia concerning the case commonly referred to as Giksan, Delgamuukw v. British Columbia, 3 S.C.R. 110 (1997). These decisions are contemporary in the courts of two states in North America. This makes moot all discussions that our positions on treaties and land are historical. Madam Chairperson, These two citations (and there are others around the world) illustrate that 500 years of racist doctrines continue to determine the course of Native peoples lives today. Dr. Martinez's Study on Treaties and your Study on Land are important humanitarian and moral documents that underline the need for further study and higher opinions. Therefore the Haudenosaunee delegations recommends that these and other issues be taken before the International Court of Justice at the Hague for issuance of an advisory opinion under the authority of the United Nations. Dahnayto Indigenous Environmental Network P.O. Box 485 Bemidji, Minnesota 56619-0485 USA Phone (218) 751-4967 Fax (218) 751-0561 email: [EMAIL PROTECTED] Internet Web Site: http://www.alphacdc.com/ien "An alliance of Indigenous Peoples empowering Indigenous communities towards sustainable livelihoods, environmental protection of our lands, water, air and maintaining the sacred Fire of our traditions." Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ UPDATES: CAMP JUSTICE http://shell.webbernet.net/~ishgooda/oglala/ &&&&&&&&&&&&&&&&&&&&&&&&&&
