International Organization of
Indigenous Resource Development
An NGO in consultative status to the United Nations
Economic and Social Council
COMMISSION ON HUMAN RIGHTS
SUB-CONMISSION ON PREVENTION OF DISCRIMINATION
AND PROTECTION OF MINORITIES
FIFTIETH SESSION (GENEVA] AUGUST 14, 1998
AGENDA ITEM 7 - HUMAN RIGHTS OF INDIGENOUS PEOPLES
Thank you very much, Mr. Chairman, for this opportunity to congratulate you on your
election and to address four (4) matters under Agenda Item 7.
1. W.G.I.P. l6th SESSION REPORT [E/CN.4/Sub.2/1998/16]
As we have made interventions in previous sessions on standard setting and the
establishment of a U.N. Permanent Forum, this statement concerns (i) the W.I.P.O.
Roundtable (ii) the Education and Language theme, and (iii) the U.N. Decade of Indigenous
Peoples.
I.O.I.R.D. participated at the first W.I.P.O. Roundtable on Intellectual Property of
Indigenous Peoples. We welcome this initiative to focus attention on Indigenous
traditional knowledge and protocol as there have been instances of cultural theft that
require immediate attention. Our delegation would urge your consideration and recommend to
W.I.P.O. to continue with annual Roundtables and to convene a Global Conference on
Indigenous Intellectual Property.
The W.G.I.P. 16 theme of "Education and Language" is of extreme importance.
There must be continued focus on this matter as well, however, we would reiterate our
intervention at the W.G.I.P. that what is needed are not more resolutions but action by
implementation and follow up on the existing International instruments. I.O.I.R.D.
supports the call Friday morning, by Madame Daes in her report, for "improving access
of Indigenous Peoples to all forms and levels of education"; especially because in
our Treaty No.6, this is an international legal obligation.
With regard to the International Decade, we would refer to page 33 and 34 of the above
stated report on the World Indigenous Nations (W.I.N.) Games. Representatives from thirty
six (36) countries at the W.G.I.P. 16 and twenty (20) countries at the recent World Youth
Forum (Brago, Portugal) have signed the petition calling for the W.I.N. Games to be an
official Decade activity. We call on this 50th Session of the Sub-Commission to recommend
to the High Commissioner on Human Rights as Coordinator for the International Decade, to
include the W.I.N. Games as an activity to be organized by W.I.N. Sports, Inc. and
supported by the I.O.C.
We noted as well the interventions Friday morning by the respected experts on Madame Daes'
report, in particular, in reference to the I.L.O. Convention 169. Once again, our
delegation calls on the member states present who have not ratified the Convention, to do
so.
With regard to a future W.G.I.P. to be hosted by U.N.E.S.C.O. in Paris, our delegation
while it would be supportive initially, must secure a mandate from our member Nations and
will communicate that decision directly te the Chairperson, Madame Daes.
2. LAND RIGHTS STUDY [E/CN.4/Sub.2/1997/17.]
I.O.I.R.D. supported the establishment of this Land Rights Study at the outset. While we
have yet to formally respond to the Special Rapporteur, we will in the near future.
Nevertheless, allow us, Mr. Chairman to re-state our views. The Land Rights Study is a
very important and necessary follow up to the U.N. Treaty Study just concluded by
Professor Miguel Alfonso Martinez, Special Rapporteur. To us the Treaties are about Land.
Our agreement to share and to reserve to ourselves "skun gun". As
indicated at W.G.I.P. 16 by our student delegation, one of the fundamental problems with
land is a federal policy regarding "additions to Reserves". While it is very
easy to lose land, it is extremely difficult to add lands to existing Reserves or to
convert lands back to Reserve status even if we buy our own lands. The most serious and
central issue, however, is our ownership of lands and natural resources. As you know,
there have been many assumptions of title which have not respected Indigennus ownership
and stewardship. As indicated before, "we are people of the land" and our
spiritual relationship to mother earth must be respected.
3. U.N. TREATY STUDY [FINAL REPORT - Unedited Version]
I.O.I.R.D. welcomes very much the Final Report of the U.N. Treaty Study by Special
Rapporteur, Professor Miguel Alfonso Martinez. To begin, and through you, Mr. Chairman, we
extend our very sincere thank you to Professor Martinez for these long awaited conclusions
and recommendations.
For many years, our Leaders and Elders of the Four Cree Nations of Muskwachees [in
Hobbema], the Bear Hills area of Treaty No. 6, have argued on some fundamental principles.
They have argued that Treaty No.6 is an international agreement that was signed on a
Nation to Nation basis. That any changes must have the free and informed consent of Our
Peoples. They have argued that Treaty No.6 confirms and is evidence of Our Right to
Self-Determination. In particular, in reference to our ownership of our territories,
natural resources and our inherent right to Indigenous governments. They have maintained
that these are sacred agreements that were signed for "as long as the sun shines, the
grass grows, and the rivers flow". That the original spirit and intent must be
honoured and the oral evidence of Our Elders must be respected. These among others are now
substantiated and supported by the U.N. Treaty Study. While we are concerned the Final
U.N. Report has again been extended for another year, we do not doubt that the above
supported conclusions will not change.
The seriousness with which we view this report, Mr. Chairman; my Chiefs, Elders, Leaders
and Members of the Confederacy of Treaty No.6 are in assembly as we meet, reviewing and
analyzing the Final Report. They have faxed me a Resolution which I will table with my
intervention [with your permission]. One of the concerns of I.O.I.R.D. and the Four Cree
Nations has been the follow up and what will happen to the U.N. Treaty Study now that it
is completed. In that regard, we recommended a Global Conference, a U.N. World Conference,
be convened as part of the International Decade. In fact, it could be announced in the mid
term review of the Decade. We are~ therefore very encouraged that the U.N. Treaty Study
recommends workshops to be held and that the W.G.I.P. l6thSession reports on page 38, a
recommendation "in the first quarter of 2000 a seminar on Treaties ... to provide an
opportunity for interested Governments and Indigenous Peoples as well as the Special
Rapporteur, to exchange views on the conclusions and recommendations of the study."
In that regard, we not only support such a recommendation but would again extend our
invitation to host such an assembly in our Treaty No.6 Territory [as per resolution from
the International Treaty Study Forum hosted by the Kehewin Cree Nation].
U.N. INDIGENOUS UNIT
In conclusion, Mr. Chairman, I.O.I.R.D. would endorse and support the comments
Friday morning by Madame Daes in her report and the recommendation of the U.N. Treaty
Study paragraph 327 (a) regarding the Indigenous Unit at the U.N. In previous
interventions, we stated our concern that the re-organization of the U.N. might jeopardize
the only unit that deals with Indigenous issues. Given the amount of work reguired to deal
with three hundred million (300M) Indigenous Peoples, we call on this Sub-Commission to
recommend and "to increase substantially" the resources and staffing at the
Centre for Human Rights. Also to support the office of the U.N. High Commissioner for
Human Rights, Mrs. Robinson, as Coordinator for the U.N. Decade, in implementing such
recommendations.
Lastly, we would urge you to recommend that a U.N. World Conference of Indigenous Peoples
be convened as part of the mid term review of the U.N. Decade. This should be preceded by
a U.N. Millennium series of preparatory conferences which would include the consideration
of at least the following Indigenous issues: youth, elders, women, Treaties, health and
education, lands and resources, environment, sports, law and economic development,
intellectual property. Thank you very much on your kind consideration on these matters.
J. WILTON LITTLECHILD, Q.C.
CANADIAN OFFICE
UNITED
STATES OFFICE
Four Nations of Hobbema
Council
of Energy- Resource Tribes
Box 219
1999
Broadway Suite 2600
Hobbema, Alberta, Canada
Denver
Colorado, U.S.A.
T0C 1N0
80202-5726
Phone (403) 585-3741
Phone
(303) 297-2378
FAX (403) 585-2550
FAX
(303) 296-5690