Conflict prevention, post-conflict peacebuilding and promotion of durable peace, rule of law and governance, 02/07/2014

Co-chairs' meeting with representatives of Major Groups and other stakeholdersConflict prevention, post-conflict peacebuilding and promotion of durable peace, rule of law and governance, 02/07/2014Submitted by Roberto Múkaro Borrero (Taíno), International Indian Treaty Council
Thank you honorable co-Chairs.

Let me begin by noting that during previous sessions, the Indigenous Peoples Major Group addressed the broader theme of governance and those statements are available at the Sustainable Development Knowledge Platform. Our presentation today will therefore focus more specifically on the rule of law, which is certainly not an abstract concept to the World’s Indigenous Peoples.

The rule of law and human rights do matter to Indigenous Peoples; affirming and implementing these legal and conceptual frameworks are among the reasons why we engage with the UN system and the States.

Indeed, the Indigenous Peoples Major Group takes note of the Secretary-General’s Report on ‘Delivering Justice’ where he states: “The rule of law is a core principle of governance that ensures justice and fairness, values which are essential to our humanity”.[i]

From an indigenous perspective, justice and fairness, along with other key themes such as durable peace, human rights, security, accountability and sustainable development, cannot be promoted in isolation or at the expense of Indigenous Peoples. With justice, fairness, and the rule of law based in the human rights framework, there is much that can and must be done to ensure the voices, interests, and concerns of Indigenous Peoples are included in the post-2015 development agenda.
Honorable Co-Chairs, we are aware that all 193 United Nations Member States endorsed the idea that the rule of law and development are mutually reinforcing.  Additionally, States affirmed that this interrelationship should be considered in the post-2015 development agenda.[ii] Moreover, there already seems to be a broad consensus that the post-2015 agenda needs to move forward with sustainable development at its core and the eradication of poverty as its top priority.  Indigenous Peoples, however, are well aware that poverty will not be alleviated without respect for rights, justice and fairness.

Based on this reality, and to better address inequalities faced by Indigenous Peoples, it is essential that the advancement of the rule of law at the national and international levels be clearly articulated as a priority in this new agenda. There is a need for Governments, for instance on the country-level, to strengthen their regulatory systems with strong, yet adaptable legal frameworks that not only take into account of the special situations and legal frameworks of Indigenous Peoples, but that conform fully with internationally accepted human rights standards and resulting legal obligations and commitments.

In this context, the rule of law as defined by the Secretary General forms a critical point of reference for the empowerment and meaningful participation of Indigenous Peoples and other marginalized groups in the post-2015 agenda.[iii]  While the OWG process is considering the linkages between the rule of law and sustainable development, there are a number of challenges and issues relevant to Indigenous Peoples that should be taken into consideration. These include, but are not limited, to: Treaties, agreements and other constructive arrangements between States and Indigenous Peoples; engagement with indigenous legal and justice systems; Constitution-making; institution-building; participatory mechanisms for conflict resolution; and meaningful and effective participation in processes aimed at strengthening the rule of law. Fortunately, there are mechanisms that can guide States and the United Nations System toward meaningful engagement with Indigenous Peoples in these areas.

The UN Declaration on the Rights of Indigenous Peoples, for instance, builds on existing human rights standards, many of which represent established, legally-binding obligations of States, and applies these standards to the specific needs and circumstances of Indigenous Peoples. The Declaration sets out minimum standards for the “survival, dignity and well-being” of Indigenous peoples around the world as well as participatory frameworks for resolution of conflicts.[iv]

The Rio+ 20 Outcome Document stressed the importance of the participation of Indigenous Peoples in the achievement of sustainable development. It also recognizes the importance of the UN Declaration on the Rights of Indigenous Peoples in the context of global, regional, national, and sub-national implementation of sustainable development strategies.

In closing, the Indigenous Peoples major group affirms that the rule of law is a principle of governance that promotes justice, fairness, and accountability.  We call upon the OWG co-chairs to ensure that the culmination of this process includes a clear message that implementation by States of the UN Declaration on the Rights of Indigenous Peoples and other human rights standards including the Human Rights Covenants and the Convention on the Elimination of all Forms of Racial Discrimination should be regarded as political, moral and legal imperatives without qualification.

Hahom/Thank you.

---

[i] “Delivering justice: programme of action to strengthen the rule of law at the national and international levels”, 16 March 2012, A/66/749, paragraph 1.

[ii] See http://www.un.org/News/Press/docs/2013/dsgsm721.doc.htm

[iii] The Secretary-General defines the rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency." (Report of the Secretary-General: The rule of law and transitional justice in conflict and post-conflict societies” (2004))



[iv] There are other mechanisms that should be highlighted in this context such as the CERD, the Convention on the Rights of the Child, ILO Convention 169, etc. 

Originlly Posted at: http://sustainabledevelopment.un.org/index.php?menu=1680

Sustainable Development 2015: Enhanced Multi-Stakeholder Engagement in the Post-Rio+20 and Post-2015 Processes (SD2015)

Stakeholder Forum is delighted to announce a new programme in partnership with CIVICUS and in collaboration with UN DESA and undertaken with the financial assistance of the European Union: 

Sustainable Development 2015: Enhanced Multi-Stakeholder Engagement in the Post-Rio+20 and Post-2015 Processes (SD2015)

The two year SD2015 programme will provide tools and opportunities for all stakeholders to participate in the global deliberations on and around the Sustainable Development Goals (SDGs) and the wider post-2015 development agenda, through the following five focus areas: Raise Awareness; Increase Engagement; Empower Stakeholders; Coordinate Advocacy; and Strengthen Governance

Raise Awareness

SD2015 will provide briefings for, and enhance communication between, all stakeholders from civil society, governments and the media to raise awareness of the process and its importance Increase Engagement SD2015 will provide opportunities and modalities for stakeholders to engage with the UN system and share expert inputs to increase the universality, relevance and ambition of the global goals 

Empower Stakeholders 

SD2015 will provide tools and training to build multi-stakeholders’ capacity to achieve ambitious aims for the goals through their engagement with the UN, national governments and the media

Coordinate Advocacy 

SD2015 will provide tools, resources sand forums for multi-stakeholders to plan and develop coordinated advocacy around the global goals, at and between local, national and global levels 

Strengthen Governance

SD2015 will inform parliamentarians on the global goals agenda, develop global institutions and engage existing networks and infrastructure for all stakeholders. Exemplars in, and synergies between, national and international policy making will be identified and used to develop guidance Learn More: Read the SD2015 Brochure

We encourage you to get involved in this crucial process to help build a more sustainable future. SD2015’s events, training materials and reports provide a means to ensure that all stakeholders can engage in and influence the post-2015 process at the national, regional and global levels.

For further details, read our short summary brochure, and keep up to date with the programme’s activities and events via the website.

We want to hear from you, contact Ian Fenn (Programme Manager) at ifenn@stakeholderforum.org for more information about the programme and ways to get involved.

UCTP Letter to the President of the General Assembly John William Ashe

01/27/2014


To: H.E. Ambassador John William Ashe, Antigua and Barbuda,
President, United Nations General Assembly

Via email & hand-delivered

Re: World Conference on Indigenous Peoples (WCIP)

Takahi (Greetings) Excellency: On behalf of the United Confederation of Taino People (UCTP), I am writing to you with great concern regarding the preparations for the High Level Plenary Meeting of the United Nations General Assembly to be known as the World Conference on Indigenous Peoples. The UCTP is an indigenous Caribbean regional organization extending through the Major and Lesser Antilles, as well as the Diaspora. The UCTP is a member of the Caribbean Organization of Indigenous Peoples (COIP) and an affiliate of the International Indian Treaty Council, an ECOSOC accredited indigenous, non-governmental organization representing indigenous peoples of North, South, and Central America, the Caribbean, and the Pacific.

The UCTP is particularly concerned with your hesitancy to reconfirm the appointment of Mr. John Henriksen (Sami) as the Indigenous co-coordinator (or co-facilitator) on an equal basis with a State representative in that role. The appointment of an indigenous co-coordinator in this process finds its precedent set by the President of the 66th session of the UN General Assembly H.E. Nassir AbdulazizAl‐Nasser (Qatar) in early 2012. With this in mind, we respectfully call upon you to reconfirm Mr. Henriksen in this role, which is a decision consistent with the standards articulated in the United Nations Declaration on the Rights of Indigenous Peoples.

 Please note that after consultation with our regional leadership and allies, the UCTP can only support the WCIP process if there is equal representation of Indigenous Peoples. In addition, please also note that should the WCIP move forward without equal representation, Indigenous Peoples who form part of the UCTP will call for the WCIP to be canceled.

In closing, Caribbean Governments are an historic ally to Indigenous Peoples since at least the UN International Year of the World’s Indigenous Peoples on through the process to adopt the Declaration on the Rights of Indigenous Peoples. We trust that we can continue to count on the region to move progressively toward fulfilling the goal of “Partnership in Action” as promoted by the Second International Decade of the World’s Indigenous Peoples.

Oma bahari (With respect),

Roger Hernandez-Moyet,
Board Secretary & Borikén Liaison

CC: UCTP Board & membership; Caribbean Organization of Indigenous Peoples; Caribbean Amerindian Development Organization; International Indian Treaty Council; Global Coordinating Committee of the WCIP; Latin American and Caribbean Regional Caucus to the WCIP

7th Session of the UN Open-Ended Working Group on Sustainable Development Goals

 Indigenous Peoples’ Presentation at the Final Plenary of the 7th Session of the UN Open-Ended Working Group on Sustainable Development Goals: 

Agenda Item: Climate Change and Disaster Risk Reduction 

10 January 2014, Trusteeship Council, UN Headquarters, New York 

Presented by Victoria Tauli-Corpuz, Tebtebba (Co-Organizing Partner for Indigenous Peoples’ Major Group) 

Thank you Mr. Co Chairs. 

Addressing climate change and disasters are crucial for indigenous peoples all over the world. Effectivity in addressing these is linked intricately with how our rights to our lands, territories and resources as well as respect for our traditional knowledge and customary governance and practices in sustainably managing our ecosystems, are respected. In this context, we would like to reiterate the points we often raise, which is to ensure that the human rights based approach, ecosystem approach, as well as culture and cultural values are integrated into the SDG principles, goals, targets and indicators. 

Full and effective participation of indigenous peoples in SDG design, policy and programme development and implementation from the local to global level is therefore an imperative. The need for multistakeholder participation has been stressed by many States who spoke in this meeting. 

We would like to thank the Troikas, which include Norway, Denmark, Ireland, Nicaragua, Bolivia, among others, who mentioned indigenous peoples and indigenous knowledge in their interventions. 

Our contributions to climate change solutions and disaster risk reduction and management cannot be underestimated, considering that we survived centuries of colonisation and climate change. Undoubtedly, we are highly vulnerable to climate change impacts and disasters. But we also have demonstrated great resilience to these. With support in terms of policies, integrated approaches and programmes, finance and technology, we can enhance this resilience and we can contribute to achieving sustainable development even further. 

We are the ones who can demonstrate our capacities to preserve and sustainably use our ecosystems and resources because of our respect for nature, our sustainable lifestyles and livelihoods, ethics and cultures which respect intergenerational equity. 

We can continue doing this as long as our rights, under the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and other human rights instruments, are respected, protected and fulfilled. We can contribute in pushing for a transformational framework and a paradigm shift for the Post-2015 Development Agenda. This is what is demanded from us in the face of these multiple crises of the economy, environment, social and cultural development. We should not miss this opportunity of shifting away from business as usual which caused these crises. 

We are therefore looking forward to seeing our proposals, including respect for land tenure rights of indigenous peoples and local communities, become part of final outcome of this Open-Ended Working Group on SDGs. We will be having a workshop on indicators over this weekend and we plan to submit the results of this to you. Thank you Mr. Co-Chair. 

Contact addresses: 

Vicky@tebtebba.org, tebtebba@tebtebba.org 

Tebtebba representative in New York: Galina Angarova: galina@tebtebba.org 

Roberto Borrero, International Indian Treaty Council, IITC, mukaro@uctp.org 

Websites: www.tebtebba.org, www.indigenousclimate.org

Source: http://sustainabledevelopment.un.org/index.php?menu=165

6th Session of the UN Open-Ended Working Group on Sustainable Development Goals

Open Working Group on Sustainable Development, 

Co-chairs' meeting with representatives of Major Groups and other 

Stakeholders: Human Rights, the Right to Development and Global Governance 

United Nations Headquarters, 12/13/2013 

Submitted by Roberto Múkaro Borrero (Taíno), 

International Indian Treaty Council 

Greetings Mr. Chair, on behalf of the Indigenous Peoples Major Group, I appreciate this opportunity to share these comments, which will generally focus on the global governance theme. 

The UN System Task Team (UNSTT) in the report “Global governance and governance of the global commons in the global partnership for development beyond 2015”, advanced the understanding that “as the world becomes more interdependent, global governance, including global economic governance and the governance of the global commons, is increasingly relevant for achieving sustainable development.”1 

The UNSTT also highlights a new global partnership for development in the post-2015 development framework that provides an opportunity to address global economic, social and environmental issues in a “coordinated, coherent and collaborative manner.” The overarching concept here is that the global partnership can promote a more “effective, coherent, representative and accountable global governance regime,” which in turn would affect national and regional governance for the better, as well as the realization of human rights and sustainable development. 

At this point one might wonder just how can global governance help achieve such ambitious universal goals while respecting the principle of common, but differentiated responsibilities and respective capacities. 

From an indigenous perspective, global governance can help to achieve these ambitious universal goals only if it takes on the challenges of the inequalities and inequities that exist today, both within and among countries and peoples. With this in mind, and recalling GA/RES/66/288: The Future We Want” and the Declaration on the Rights of Indigenous Peoples, Member states and the UN system need to fulfill their expressed commitments to engage in meaningful partnerships with Indigenous Peoples.2 

Indeed, such partnerships should be based on the recognition of cultural diversity and culture as a fundamental enabler and driver of sustainable development. Moreover, these partnerships need to  build upon the UN human rights-based approach to development, which emphasizes universality, equality, participation, and accountability. The goal here should be to empower Indigenous Peoples’ institutions, while building on indigenous knowledge practices and systems and strengthening Indigenous Peoples’ economies and societies.3 

In addition, at the local and national levels, there is a need to develop or strengthen the institutionalized mechanisms for consultation and participation of Indigenous Peoples, building on the fundamental principles of free, prior and informed consent and full participation in the development process. The role of the United Nations Country Teams here could be crucial. The establishment of collaborative and multi-sector partnerships between governments, civil society and Indigenous Peoples’ governments, organizations, and institutions, would also be an enabler to drive action at all levels. 

Indeed, elements of these types of partnerships and enablers are recognized within the Rio + 20 Indigenous Peoples’ International Declaration on Sustainable Development and Self-Determination, which emphasizes three core elements and priorities for Sustainable Development for Indigenous Peoples including: 

1) Culture as a fundamental dimension of Sustainable Development; 2) Full exercise of the human and collective rights of Indigenous Peoples; and 3) Strengthening diverse local economies and territorial management.

Earlier this week we called on the OWG to integrate these priorities within the outcome of this process; however, looking toward the HLPF, policy coherence and institutional coordination between international institutions and national sustainable development strategies should be integrated by culture as the fourth pillar of sustainable development.5 This would ensure that the various forms of inequality experienced by Indigenous Peoples, and that depend on structural and socio-cultural factors, are properly addressed, without a “one size fits all” approach to development. 

Again, the establishment or strengthening of participatory mechanisms at the local, national, and even international levels that provide a meaningful opportunity for Indigenous Peoples to engage in a constructive dialogue with governments, civil society organizations, the UN system and other relevant stakeholders, should be a priority. This would allow for the design of development plans that aim for the implementation of international frameworks and better tailor policies and programmes that: 

(i) endorse the fundamental concept of development with culture and identity; (ii) adopt an inter-cultural and holistic approach to the well-being of indigenous peoples, especially when designing health and educational services; (iii) include culture as the 4th pillar of development.6 

Finally, Mr. Chair we would like to close our presentation with a comment on the Global Commons. International law identifies four global commons - the High Seas, the Atmosphere, Antarctica and Outer Space. It is recognized that these “resource domains” – which are guided by the principle of the common heritage of mankind. Additionally, we are aware that tropical rain forests and biodiversity - have more recently been included among the traditional set of global commons as well. With this understanding, we join others in defining global commons even more broadly, including science, education, information and peace. 

The implementation of the common heritage principle and common responsibilities relate directly to the Post-2015 priorities identified by Indigenous Peoples, and as such we expect that efforts will continue to further enhance the representation and meaningful participation of Indigenous Peoples in multilateral institutions and other norm-and standard setting bodies. In this way, a more coherent global governance framework can be developed that is inclusive, centered on sustainable development, and integrates human rights concerns, including those of Indigenous Peoples. 

1 See UN System Task Team report at: 

http://www.un.org/en/development/desa/policy/untaskteam_undf/thinkpieces/24_thinkpiece_global_governance.pdf 

2 GA/RES/66/299 at 49 states “We stress the importance of the participation of indigenous peoples in the 

achievement of sustainable development. We also recognize the importance of the United Nations Declaration on the Rights of Indigenous Peoples in the context of global, regional, national and subnational implementation of sustainable development strategies.” 

3 These positions are consistent with the “Talking Points on Good Governance, enabling environment and institutions at the core of implementing the SDGs Inter-sessional Meeting between Major Groups and Other Stakeholders and the OWG on SDGs” presented by Ms. Myrna Cunningham Kain, PFII on 22 November 2013. The document is available at http://sustainabledevelopment.un.org/index.php?menu=165. 

4 See http://www.tebtebba.org/index.php/content/220-indigenous-peoples-release-rio-20-declaration 

5 The Indigenous Peoples Major Group statement presented on 9 December 2013 is available at http://sustainabledevelopment.un.org/content/documents/4643indigenous.pdf. GA/RES/66/88 at 84 states: “We decide to establish a universal, intergovernmental, high-level political forum, building on the strengths, experiences, resources and inclusive participation modalities of the Commission on Sustainable Development, and subsequently replacing the Commission.” 

6 This position is consistent with the “Talking Points on Good Governance, enabling environment and institutions at the core of implementing the SDGs Inter-sessional Meeting between Major Groups and Other Stakeholders and the OWG on SDGs.” 

Source: http://sustainabledevelopment.un.org/index.php?menu=165