‘Honor the Treaties’: UN Human Rights Chief’s Message
1 view
Skip to first unread message
IndigeNews
Aug 24, 2013, 10:34:54 AM8/24/13
to indig...@googlegroups.com
‘Honor the Treaties’: UN Human Rights Chief’s Message
Gale Courey Toensing
August 23, 2013
States need to keep their promises and honor the treaties made with
Indigenous Peoples no matter when they were signed, according to the
United Nations human rights chief.
Navi Pillay, the U.N. High Commissioner for Human Rights, issued a
statement [1] August 7 to mark International Day of the World’s
Indigenous Peoples on August 9.
“Even when signed or otherwise agreed more than a century ago, many
treaties remain the cornerstone for the protection of the identity,
land and customs of Indigenous Peoples, determining the relationship
they have with the state. They are thus of major significance to human
rights today,” she said.
The High Commissioner said that exploitation of Indigenous Peoples and
expropriation of their lands and resources continue today and
“underscore the need to do more to protect the rights of the estimated
370 million indigenous people worldwide.”
Treaties are important partly because they often marked the end of a
period of conflict, exploitation and expropriation, Pillay noted. “The
honoring of treaties has in many cases been described as a sacred
undertaking requiring good faith by each party for their proper
enforcement. Yet too often indigenous communities are obliged to go to
the courts to force States to live up to their promises,” she said.
“The nature of the agreements themselves, with their spirit and
contents passed on through elders to future generations, reminds us of
their fundamental importance,” Pillay said.
The spiritual aspect of treaty-making escaped the United States
government, history tells us. The U.S. federal government entered into
more than 500 treaties with Indian nations from 1778 to 1871; every one
of them was “broken, changed or nullified when it served the
government’s interests,” Helen Oliff wrote in “Treaties Made, Treaties
Broken.” [2]
Until the early 1800s, Indian nations were in a posiiton of strength to
negotiate treaties, according to writer and scholar Robert Miller. “The
newly formed United States faced internal problems and external
conflicts with European countries and could not afford war with Indian
tribes. Hence, early treaty-making between the United States and tribes
was often favorable to the tribes,” Miller said on his blog [3]. “After
the War of 1812, though, and the relaxing of the European threat
against the United States, the weakening position of tribes led to more
one-sided treaty negotiations in favor of the United States.” The
“weakening posiiton” was brought about by white expansion south and
west, federal government policies such as Andrew Jackson’s policy of
ethnic cleaning known as the Indian Removal Act and and the
government’s genocidal efforts as against the Lakota people later in
the 19th century that continue today. [4]
The AmerIcan Indian Movement (AIM) in Minneapolis [5] had a plan to
repair some of the damage done by broken treaties. In 1972, AIM issued
the “Trail of Broken Treaties” [6] 20-point Point Position Paper
seeking redress from the U.S. government for the broken treaties. The
recommendations included having the federal government: to establish a
Treaty Commission with the power to make new treaties and guarantee
that existing treaties aren’t violated; to create a committee of both
Indians and non-Indians to examine treaty commitments and violations;
to ratify treaties that haven’t been ratified; to ensure that there is
judicial enforcement and protection of the treaty rights of American
Indians; to have Congress relinquish its control over Indian affairs
and instead create a joint committee called the “Committee on
Reconstruction of Indian Relations and Programs;” the restoration of
110 million acres of Indian land, and more. Only a few of the
recommendations have been acted on, including restoration of tribal
status to the Menominee and Klamath tribes [7], which had been
terminated [8] in the 1905s, and passage of the American Indian
Religious Freedom Act.
The High Commissioner said the U.N. Declaration on the Rights of
Indigenous Peoples [9] will play and important role in promoting the
recognition, observance and enforcement of treaties and other
arrangements concluded with states. The U.N. Declaration was adopted by
the General Assembly on September 13, 2007. The U.S., Canada, Australia
and New Zealand voted against its adoption, but all four countries
later endorsed the indigenous human rights statement.
“There is a growing commitment by States to fully implement Indigenous
Peoples’ rights, as shown by constitutional, legislative or
administrative measures that recognize indigenous identity, rights to
lands and resources, culturally appropriate forms of development, as
well as programmes to tackle poverty and disadvantage,” Pillay said.
“The message of this International Day of Indigenous Peoples is about
building alliances and honouring treaties. This reminds us that efforts
need to be redoubled to build a partnership between states and
Indigenous Peoples based on trust, mutual respect, rule of law and the
affirmation of Indigenous Peoples’ culture and customs,” Pillay said.
Looking ahead to the World Conference on Indigenous Peoples in
September 2014, Pillay encouraged states “to take concrete steps to
honour and strengthen the treaties they have concluded with Indigenous
Peoples and to cooperate with them in implementing new agreements or
other constructive arrangements through transparent, inclusive and
participatory negotiations.”
[1]
http://www.ohchr.org/EN/NewsEvents/Pages/Media.aspx?
IsMediaPage=true&LangID=E
[2] http://blog.nrcprograms.org/treaties-made-treaties-broken/
[3] http://lawlib.lclark.edu/blog/native_america/?page_id=8
[4] http://www.prweb.com/releases/2013/6/prweb10803153.htm
[5] http://www.aimovement.org/
[6] http://www.aimovement.org/ggc/trailofbrokentreaties.html
[7] http://www.mpm.edu/wirp/icw-97.html
[8] http://digital.library.okstate.edu/encyclopedia/entries/t/te014.html
[9] http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
RELATED: The Battle for Hickory Ground
http://indiancountrytodaymedianetwork.com/article/the-battle-for-
hickory-ground-133661
RELATED: Memorializing the Indian Removal Act of 1830
http://indiancountrytodaymedianetwork.com/opinion/memorializing-the-
indian-removal-act-of-1830-115332
RELATED: American Indian Religious Freedom in Theory and Practice
http://indiancountrytodaymedianetwork.com/opinion/american-indian-
religious-freedom-in-theory-and-practice-41319
RELATED: Preparing for the World Conference on Indigenous Peoples
http://indiancountrytodaymedianetwork.com/opinion/preparing-world-
conference-indigenous-peoples-148347
http://indiancountrytodaymedianetwork.com/2013/08/23/honor-treaties-un-
human-rights-chiefs-message-150996
Gale Courey Toensing
August 23, 2013
States need to keep their promises and honor the treaties made with
Indigenous Peoples no matter when they were signed, according to the
United Nations human rights chief.
Navi Pillay, the U.N. High Commissioner for Human Rights, issued a
statement [1] August 7 to mark International Day of the World’s
Indigenous Peoples on August 9.
“Even when signed or otherwise agreed more than a century ago, many
treaties remain the cornerstone for the protection of the identity,
land and customs of Indigenous Peoples, determining the relationship
they have with the state. They are thus of major significance to human
rights today,” she said.
The High Commissioner said that exploitation of Indigenous Peoples and
expropriation of their lands and resources continue today and
“underscore the need to do more to protect the rights of the estimated
370 million indigenous people worldwide.”
Treaties are important partly because they often marked the end of a
period of conflict, exploitation and expropriation, Pillay noted. “The
honoring of treaties has in many cases been described as a sacred
undertaking requiring good faith by each party for their proper
enforcement. Yet too often indigenous communities are obliged to go to
the courts to force States to live up to their promises,” she said.
“The nature of the agreements themselves, with their spirit and
contents passed on through elders to future generations, reminds us of
their fundamental importance,” Pillay said.
The spiritual aspect of treaty-making escaped the United States
government, history tells us. The U.S. federal government entered into
more than 500 treaties with Indian nations from 1778 to 1871; every one
of them was “broken, changed or nullified when it served the
government’s interests,” Helen Oliff wrote in “Treaties Made, Treaties
Broken.” [2]
Until the early 1800s, Indian nations were in a posiiton of strength to
negotiate treaties, according to writer and scholar Robert Miller. “The
newly formed United States faced internal problems and external
conflicts with European countries and could not afford war with Indian
tribes. Hence, early treaty-making between the United States and tribes
was often favorable to the tribes,” Miller said on his blog [3]. “After
the War of 1812, though, and the relaxing of the European threat
against the United States, the weakening position of tribes led to more
one-sided treaty negotiations in favor of the United States.” The
“weakening posiiton” was brought about by white expansion south and
west, federal government policies such as Andrew Jackson’s policy of
ethnic cleaning known as the Indian Removal Act and and the
government’s genocidal efforts as against the Lakota people later in
the 19th century that continue today. [4]
The AmerIcan Indian Movement (AIM) in Minneapolis [5] had a plan to
repair some of the damage done by broken treaties. In 1972, AIM issued
the “Trail of Broken Treaties” [6] 20-point Point Position Paper
seeking redress from the U.S. government for the broken treaties. The
recommendations included having the federal government: to establish a
Treaty Commission with the power to make new treaties and guarantee
that existing treaties aren’t violated; to create a committee of both
Indians and non-Indians to examine treaty commitments and violations;
to ratify treaties that haven’t been ratified; to ensure that there is
judicial enforcement and protection of the treaty rights of American
Indians; to have Congress relinquish its control over Indian affairs
and instead create a joint committee called the “Committee on
Reconstruction of Indian Relations and Programs;” the restoration of
110 million acres of Indian land, and more. Only a few of the
recommendations have been acted on, including restoration of tribal
status to the Menominee and Klamath tribes [7], which had been
terminated [8] in the 1905s, and passage of the American Indian
Religious Freedom Act.
The High Commissioner said the U.N. Declaration on the Rights of
Indigenous Peoples [9] will play and important role in promoting the
recognition, observance and enforcement of treaties and other
arrangements concluded with states. The U.N. Declaration was adopted by
the General Assembly on September 13, 2007. The U.S., Canada, Australia
and New Zealand voted against its adoption, but all four countries
later endorsed the indigenous human rights statement.
“There is a growing commitment by States to fully implement Indigenous
Peoples’ rights, as shown by constitutional, legislative or
administrative measures that recognize indigenous identity, rights to
lands and resources, culturally appropriate forms of development, as
well as programmes to tackle poverty and disadvantage,” Pillay said.
“The message of this International Day of Indigenous Peoples is about
building alliances and honouring treaties. This reminds us that efforts
need to be redoubled to build a partnership between states and
Indigenous Peoples based on trust, mutual respect, rule of law and the
affirmation of Indigenous Peoples’ culture and customs,” Pillay said.
Looking ahead to the World Conference on Indigenous Peoples in
September 2014, Pillay encouraged states “to take concrete steps to
honour and strengthen the treaties they have concluded with Indigenous
Peoples and to cooperate with them in implementing new agreements or
other constructive arrangements through transparent, inclusive and
participatory negotiations.”
[1]
http://www.ohchr.org/EN/NewsEvents/Pages/Media.aspx?
IsMediaPage=true&LangID=E
[2] http://blog.nrcprograms.org/treaties-made-treaties-broken/
[3] http://lawlib.lclark.edu/blog/native_america/?page_id=8
[4] http://www.prweb.com/releases/2013/6/prweb10803153.htm
[5] http://www.aimovement.org/
[6] http://www.aimovement.org/ggc/trailofbrokentreaties.html
[7] http://www.mpm.edu/wirp/icw-97.html
[8] http://digital.library.okstate.edu/encyclopedia/entries/t/te014.html
[9] http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
RELATED: The Battle for Hickory Ground
http://indiancountrytodaymedianetwork.com/article/the-battle-for-
hickory-ground-133661
RELATED: Memorializing the Indian Removal Act of 1830
http://indiancountrytodaymedianetwork.com/opinion/memorializing-the-
indian-removal-act-of-1830-115332
RELATED: American Indian Religious Freedom in Theory and Practice
http://indiancountrytodaymedianetwork.com/opinion/american-indian-
religious-freedom-in-theory-and-practice-41319
RELATED: Preparing for the World Conference on Indigenous Peoples
http://indiancountrytodaymedianetwork.com/opinion/preparing-world-
conference-indigenous-peoples-148347
http://indiancountrytodaymedianetwork.com/2013/08/23/honor-treaties-un-
human-rights-chiefs-message-150996
Reply all
Reply to author
Forward
0 new messages