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INTRODUCTION – Threats to a Way of Life

"We were once friends with the whites, but you nudged usout of the way by your intrigues, and now when we are in council you keep nudging each other. Why don’t you talk, and go straight, and let all be well? Motavato (Black Kettle) at Medicine Creek Lodge

Black Kettle understood and expressed how colonization can only survive when the perpetrators are ‘nudging’ obstacles to expansion ‘out of the way’ and how deceit and manipulation can be as destructive to Indigenous sovereignty as any of the other weapons of conquest used by colonizers. Colonialism is a historically familiar and ever-evolving tradition of expansion and intolerance that today so inhabits the fabric of society for both colonizer and colonized that it is often impossible to untangle the strands, one from the other. This detangling is the unrewarding task so many Indigenous nations, organizations and communities have chosen to undertake in the international arena.

Naturally, therefore, the advances and small victories in the international arena are celebrated with great joy and deserved enthusiasm. The creation of the Permanent Forum on Indigenous Issues and the actual implementation of its first three sessions marks a significant point in Indigenous peoples presence amongst the world family of nations. More than 2000 individuals representing hundreds of Indigenous nations or communities or organizations turned up at the United Nations in May 2004 to take another step in the slowly advancing march against the colonization of Indigenous peoples.

Kofi Anan opened the meeting. The hundreds of delegates gathered to hear the Secretary General were not disappointed in the spirit or meaning of the words he selected to address us. Indigenous peoples’ “rights,” he said, “are to be protected and upheld” and the creation of the Permanent Forum marked a climax in the United Nations system. He also acknowledged that “Indigenous peoples continue to suffer from prejudice and ill will” and that “the answer to these grave threats is to confront them without delay.”

To confront some of these threats, Indigenous peoples must be responsible for our own destiny. To assist us in this endeavor, while paying due respect to the United Nation’s structure, the Permanent Forum, in organizing its work and enhancing its effectiveness, has wisely chosen to select themes for each session. This process is helpful, particularly for States and United Nations agencies. However, with respect to Indigenous peoples it is sometimes more difficult to categorize: health is not unrelated to environment nor environment to land nor land to treaties. The same is true of women and women’s issues. As we met over the weekend in a women’s caucus, the point was repeatedly made that “women’s” issues are simply issues of concern to Indigenous peoples whether men, women, or children, elders or youth, individuals or communities. We are “peoples” and our issues cannot be separated from this fundamental right under any reasonable international standard.

Therefore, during its two-week session at United Nations headquarters in New York City, the Permanent Forum heard Indigenous delegates address many of the underlying issues that contribute to the ongoing violation of Indigenous human rights including the absence in international law of the right to self-determination, a right guaranteed to all the other peoples of the world, the violation of internationally binding treaties between Indigenous nations and member nations of the U.N., and the traumatic legacy of historic and contemporary ethnocide of Indigenous peoples through disease and outright conquest.

Human Rights and Self-Determination

“We do not believe that there can be any doubt that for Indigenous peoples the single most critical issue in the application of unbiased and equal application of international law and standards is ensuring the right to self-determination as set forth in Article 3 of the Draft Declaration. As Tadadaho, the leader of the Haudenosaunee, stated last week in opening this session of the Forum, in the natural world each species has a leader. If this is also true for international rights and standards, the leader must be the right to self-determination. All rights flow from it. The Forum and the United Nations system must approach Indigenous issues from within this framework.” (American Indian Law Alliance Intervention, Future Work of the Permanent Forum, Submitted by Tonya Gonnella Frichner, Onondaga Nation, Snipe Clan)

“The right to self-determination must be enshrined in any international forums the most critical right of Indigenous peoples. This just and equitable principle available to all peoples has remained unavailable to Indigenous peoples within the United Nations system. Due to the absence of political will of a few states determined to deny basic rights to over 370 million of the world’s peoples, the right to self-determination has remained inaccessible during the International Decade on the Rights of the World’s Indigenous Peoples.

“We believe that only the highest levels of informed influence will be able to convince some states of their responsibilities to uphold international law and standards and create sufficient international pressure to convince them of these obligations. It has been abundantly clear to most states, agencies and Indigenous representatives that the majority of the world is cooperating on the issue of Indigenous peoples right to self-determination. Only a few nations stand in the way of the equal, just and fair application of international law and standards.” (American Indian Law Alliance Intervention, Human Rights, Submitted by June Lorenzo Laguna Pueblo/Navajo of the Water Edge Clan)

“It is therefore recommended that in order to meet the declared goals of the International Decade on the World’s Indigenous Peoples, a strong, unqualified and unwavering declaration of this right for Indigenous peoples must be enshrined within the foundational documents of the United Nations system. Passage of the Draft Declaration on the Rights of the World’s Indigenous Peoples, as drafted in consultation with Indigenous peoples, is therefore the most logical and direct method to achieve this goal.

“In the interest of consistency and the fair and just application of international law and standards, we would also further recommend, that in achieving these goals, the Permanent Forum also request that ECOSOC, the General Assembly and United Nations agencies consider a simple and unqualified resolution of their own proclaiming Indigenous peoples’ right to self-determination.” (American Indian Law Alliance Intervention, Future Work of the Permanent Forum, Submitted by Tonya Gonnella Frichner, Onondaga Nation, Snipe Clan)

Treaties and Sovereignty

Early in the first week, the Permanent Forum took up the issue of Indigenous women, its principle theme for this year’s session. Charmaine White Face spoke on behalf of our delegation regarding the role of women in traditional Native culture, expressly tying women’s responsibility for culture, land, and environment (including all species) into her oral intervention. Naturally, as a delegate for the Teton Sioux Nation Treaty Council the importance of treaties was also prominent. We think that one of the most moving moments during the two-week session came when the chair called upon her to deliver her intervention to the crowded Conference Room. At that point, all of the Indigenous women from North America (and many from other regions), got up, walked to where she was sitting to give her intervention and stood behind her.

It was a beautiful and poignant moment of solidarity and strength. It was particularly significant because Tony Black Feather, the Spokesman for the Teton Sioux Nation Treaty Council and the Tetuwan Oyate (Lakota Nation) delegate to the UN is very ill and could not be in New York. At another point in the session, Charmaine White Face asked everyone to join her in prayer for Tony’s health. Over the past twenty years, many of the hundreds of delegates in attendance became familiar with Tony’s unyielding challenges to the powers of colonization as well as his unfailing good humor.

In her intervention, Charmaine White Face did not hesitate to remind the Permanent Forum, on behalf of our people, that treaties are still a significant issue in the resolution of our conflicts with colonizing powers. “Some of the nation states made treaties and agreements with the sovereign nations of Indigenous peoples. In the case of my people, the United States pressed for a peace treaty in 1851 and again in 1868. Within the articles of this final treaty, the Forth Laramie Treaty of 1868, are all of the areas mentioned in the mandate of the Permanent Forum. If the Treaty had been honored, I probably would not have to be here today.”

“Since the Treaty was not honored, the following are a few of the abuses the women, children and men face today in our treaty territory which covers all of western South Dakota, and parts of Nebraska, Wyoming, Montana, and North Dakota.This large land area is located in the central part of the United States. This area is often called the ‘bread basket of the world.’ Since the Treaty was not honored, besides the myriad social problems cause by forced assimilation and poverty, we also face the following:

27 open pit uranium mines from the 1940s and 1950s which have never been cleaned up, located in a sacred place where our people pray, and whose contamination is traveling through the air and water to the Standing Rock and Cheyenne River Indian Reservations, the Missouri River and points east;
� plans for the destruction of 1,500 sacred places and burial sites for the building of new coal strip mines which will lead to further global warming;
� the building of up to 60,000 coal bed methane wells whose runoff is currently and will continue to pollute the major rivers surrounding the sacred Black Hills and eventually emptying into the Missouri River, and also increasing air pollution and global warming;
� increasing coal strip mining in the Powder River Basin with increasing air pollution and acid rain falling on the sacred Black Hills and the Pine Ridge and Rosebud Indian Reservations; and
� increasing health problems caused by heavy metals leaching into the ground water from bombs and their fragments from the 1940s and 1950s bombing practice in the northern quarter of the Pine Ridge Indian Reservation. These are only a few of the situations we face.

“Because we live in the middle of the richest nation state in the world, it is assumed we do not have problems and are often denied access to UN programs and agencies. As you can see, these situations could easily be considered genocidal practices as the health of the people on the reservations (more than 50,000 people) are at stake. However, pollution does not stop at skin color, and the ‘bread basket of the world’, which provides food for millions throughout the world, is being affected.

“Therefore, the following recommendations are respectfully submitted:

“1. That the Study on Treaties Agreements and Other Constructive Arrangements between States and Indigenous Peoples by Professor Miguel Alfonso Martinez (E/CN.4/Sub.2/1990/20, 22 June 1999) that was mandated by the UN Human Rights Commission, and the Report on the UN Expert Seminar on Treaties, Agreements, and Other Constructive Arrangements between States and Indigenous Peoples meeting in Geneva, December 15 – 17, 2003, be made part of the orientation and required reading of all members of the United Nations to educate members and staff to the history and responsibilities of the governments of the nation states and their relations with Indigenous peoples.

“2. That the recommendations given in the aforementioned Treaty Study and the Report of the Expert Seminar be implemented in a manner consistent with the Preamble to the Charter of the United Nations which states, “. . . to employ international machinery for the promotion of the economic and social advancement of all peoples” as the treaties and agreements made with Indigenous peoples are an integral part of the international machinery and failure to do so begins the erosion of the basic foundation of international relations and leads to distrust by other observing nations as well.”

The Teton Sioux Nation Treaty Council, with the support of many of the treaty and non-treaty Indigenous nations present, also proposed that the Permanent Forum expand its mandate.

“3. That the mandate of the Permanent Forum on Indigenous Issues be expanded to include a new area called Governance, Treaties and International Agreements as an integral part of the mandate of the Permanent Forum on Indigenous Issues. This recommendation compliments the existing mandate which states that the Permanent Forum is to “raise awareness and promote the integration and coordination of activities relating to Indigenous issues within the United Nations system.” (Intervention of the Teton Sioux Nation Treaty Council, Indigenous Women, Submitted by Charmaine White Face, Oglala Band of the Lakota Nation)

“The old prophesies say that a time will come when the women will have to take the lead. That will be a time when survival is at hand. That time is now, and refers to the survival of, not just Indigenous peoples, but the survival of the whole world. You see here many Indigenous women who have left their families and the safety of their communities to bring messages on many different issues upon which they have concerns.” (Intervention of the Teton Sioux Nation Treaty Council, Indigenous Women, Submitted by Charmaine White Face, Oglala Band of the Lakota Nation)

For each of its three sessions, the Permanent Forum on Indigenous Issues has chosen a specific theme on which to focus its deliberations. This year's theme was Indigenous Women. Indigenous women are particularly vulnerable among the world's demographic groups. As was repeatedly underscored at the Forum, they are the "marginalized of the marginalized". More than any other group, indigenous women and girls are likely to live in extreme poverty, to have little or no access to health care or education, to suffer the violent abuses of armed conflict, to lose their traditional livelihoods and spiritual moorings as natural environments are transformed by a globalized economy, and to suffer discrimination of all kinds.

The American Indian Law Alliance pointed out that this situation was equally true for Indigneous women and girls in North America and challenged UN policy on exclusion of our sisters based solely on geography. “[W]e would recommend that the Permanent Forum use its report to further examine the exclusion of North American and European Indigenous communities and nations from United Nations programs and agency work simply because we have the unfortunate bad luck of finding ourselves colonized by the so-called developed countries. Despite the fact that statistics on every conceivable socio-economic factor on Native American reservations and reserves are as equally bad as those in the so-called “developing” world, the Untied Nations system arbitrarily excludes us from access to critical programs that would be a benefit to our peoples. It is time to change this unjust system to reflect the well-known and well-documented realities of Indigenous life worldwide.” (American Indian Law Alliance Intervention, Future Work of the Permanent Forum, Submitted by Tonya Gonnella Frichner, Onondaga Nation, Snipe Clan)

In conjunction with this year’s theme of the Permanent Forum being Indigenous Women the American Indian Law Alliance along with the Seventh Generation Fund, Justice and Sovereignty and the United Methodist Office for the United Nations assisted in organizing an Indigenous Women Caucus Meeting which took place prior to the beginning of the formal meetings of the Permanent Forum.

The Indigenous Women Caucus met for two days, Thursday, May 6^th and Friday, May 7^th at 777 United Nations Plaza to decide on strategies and recommendations for the Permanent Forum. The Caucus was co-chaired by Marilyn Buffalo (Samson Cree) and Irinea Bardales of Peru. Drawing from regional Indigenous Women’s meetings such as

The Indigenous Women Caucus submitted a statement on General Recommendations to the Permanent Forum. The Indigenous Women Caucus also submitted interventions under each mandated area of the Permanent Forum: Health, Human Rights, Environment, Culture, Economic and Social Development and Education. Policy recommendations at this year’s forum include: mainstreaming indigenous women’s issues throughout the UN system; collecting disaggregated data in order to highlight inequalities and influence policy; increasing indigenous women’s participation in decision-making and governance at local, national, and international levels; end all forms of discrimination against indigenous women; all states should ratify CEDAW and enforce existing human rights conventions to protect indigenous women from abuse and violations; ensure access to culturally-appropriate health and reproductive care, education, and training; enlisting boys and men in the promotion of gender equality and sensitizing anti-violence programs; supporting grass-roots indigenous women’s initiatives and organizations.

Additionally, the Indigenous Women Caucus met sporadically throughout the course of the formal session of the Permanent Forum and many Indigenous women from North America expressed the desire to work towards the creation of a North American regional Indigenous Caucus in the future.

“The Permanent Forum has been mandated to bring forth issues that affect Indigenous peoples in the areas of health, education, culture, human rights, the environment and economic and social development. Yet, these areas are under the control of the nations states, and are primarily considered from the perspective of non-Indigenous values and thinking. The values are based on religious and spiritual beliefs much younger than the values and spiritual beliefs of Indigenous peoples, and do not take into consideration the female perspective. Furthermore, the materialistic and linear thinking of nation states is leading to the demise of the whole world.” (Intervention of the Teton Sioux Nation Treaty Council, Indigenous Women, Submitted by Charmaine White Face, Oglala Band of the Lakota Nation)

The values and thinking of Indigenous peoples is perhaps one of the greatest cultural concepts we can offer to the world. But in both giving and taking this point of view, it is critical to develop methods for mutual respect and consent that consider the transfer of knowledge, without contamination, while equally sharing its benefits. Because culture, loosely defined as a “way of life”, is largely interwoven in the politics of development and assimilation, non-Indigenous perspectives, even those of our allies, can turn into yet another form of colonization if appropriate standards are not developed. Our communities have almost always seen free-market, ethnocentric development models imposed upon us.

To reverse this trend it is therefore of crucial importance that standard-setting policies developed by Indigenous peoples on Free and Prior Informed Consent (FPIC) be implemented. This would mean that indigenous communities participate, approve, and evaluate all development and other projects that in any way impact their communities. This protection must also include access to and use of our intellectual property. Traditional knowledge, as well as genetic and biological information, is very much in danger and being mined and patented by transnational corporations. The Forum noted that it will begin working on a convention of cultural diversity and welcomes the assistance of UNESCO.

Recommendations include: Encouraging member states to enact legislation acknowledging indigenous peoples inalienable cultural heritage; that they also promote and facilitate civil and indigenous organizations that will assist in the preservation and protection of indigenous culture; all UN organizations and member states recognize that indigenous culture and spirituality is inextricably connected to traditional territories, and that they act to protect sacred sites and species; the UN and member states should work to protect and promote women’s role in preserving culture, and increase their role in decision-making; the creation of indigenous media organizations promoting culture and disseminating information. The Permanent Forum should partner with the World Intellectual Property Organization (WIPO) and participate in any decisions made on traditional knowledge, genetic resources, and traditional cultural expressions, always in close consultation with affected indigenous communities.

There were numerous side events that took place at this year’s Permanent Forum. The American Indian Law Alliance and the Seventh Generation Fund co-sponsored three side events at this year’s Permanent Forum which coincided with the scheduled mandated area being discussed at the Forum.

Boarding School Healing Project: The Lost Generations of Indigenous Peoples in the United States

On Wednesday May 12^th, 2004 in conjunction with the mandated area of Education a panelists Andrea Smith, Eulynda Benalli, Tonya McClary and Andrea Ritchie discussed the lasting effects of the Boarding School experience of Native Americans (in which children were forcibly removed from their families for years at a time). This experience has resulted in inter-generational trauma and has especially affected the role women must play in preserving culture and families in Indian country. The panelists discussed historical background of the United States policy, the importance of healing for Indigenous Nations affected by the Boarding School experience and explored the ways in which reparations could facilitate the healing of this inter-generational trauma.

On Thursday, May 13^th, 2004 in conjunction with the mandated area of Environment a panelists Chief Oren Lyons, Onondaga Nation Faithkeeper; Dr. Anthony Socci, Environmental Protection Agency, Climate Change; Ms. Faith Gimmel, (Gwich'in);

Mr. Angaangaq Lyberth, (Inuit); and Mr James Wolf, U.S. Business Council for Sustainable Energy came together to discuss the effects of climate change in the North and the repercussions it has for the global environment.

The event was a great success in combining traditional knowledge and wisdom with western scientific studies to show the impact of climate change on the environment and it’s profound effect in the North and the urgent need for reconciliation of people, nation states and corporations with the natural world

Indigenous Women Promoting Better Understanding Between the South and the North: Challenges, Strategies & Best Practices

On Friday, May 14^th, 2004 in conjunction with the mandated area of Human Rights a High Level Panel discussion took place in Conference Room Two to address an area of critical concern in the ongoing international Indigenous peoples’ movement; the relationship between peoples of the South and North.

The panel discussion was co-moderated by Esmeralda Brown, Co-Chair of the Southern Caucus on Sustainable Development and June L. Lorenzo, American Indian Law Alliance. The panelists taking part in the discussion representing Indigenous regions of the North were Andrea Carmen, Marilyn Buffalo and Charmaine Whiteface while the Indigenous representatives of the South were Swati Savi, Librada Pocaterra, and Daris Crittucho.

The panelists candidly shared the experiences of their nations which starkly demonstrate that the Indigenous peoples of the South and North alike live under the same yoke of poverty, poor health care, neglect, inequality and prejudice. The panel also conveyed the benefit of Indigenous peoples, guided by the women of the South and North, coming together to be more effective in our struggle to preserve and promote peace and equality for all Indigenous peoples.

The Fourth Session of the Permanent Forum on Indigenous Issues is tentatively scheduled to take place at United Nations Headquarters in New York City from May 9-20, 2005. The special theme of the Fourth Session is Millennium Development Goals and Indigenous Peoples.

The final report of the Third Session of the Permanent Forum on Indigenous Issues has been issued and can be found on the Permanent Forum website www.un.org/esa/socdev/unpfii.

The American Indian Law Alliance and the Teton Sioux NationTreaty Council would like to express their gratitude to:

REPORT OF THE 3rd SESSION of the Permanent Forum on Indigenous Issues