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International Treaty and Rights Obligationsof Nations and Peoples

International Treaty and Rights Obligationsof Nations and Peoples

The Indigenous Nations and Peoples of the Western Hemisphere and the Pacific have suffered the exploitation of our territories, natural resources, thereby denying us the benefits of our own right to development. Due to aggression that was often undertaken in the name of conquest, our peoples live under continued occupation by the Westphalian model of government. The democratic despotism of the foreign encroachers denies us of the right to development and of our own form of government. Deficiencies in the occupiers “domestic law” are entrenched in discriminatory laws and policies that are rooted in doctrines of superiority imposed by institutions, governments and systems of rule that have been created without our participation or consent.

We call on the Member States of the United Nations to marshal the political will to put an end to the politicization, double standards and acts of omission regarding our rights, and to end the use of puppet institutions and rubber-stamped consent. Relevant United Nations studies on treaties, the doctrines of discovery and superiority explain how particular States maintain its imperial hegemony. The UN bodies and its mechanisms must address the violation of our right to self-determination and the perpetual denial of our sovereignty and absolute title rights to property.  Human Rights Council resolution 48/7 was identified by the Committee on the Elimination of Racial Discrimination (CERD) as one way to address the rights of Indigenous Peoples at the international level (107th session of CERD August 2022).  See also the “Treaty Study” by Professor Miguel Alfonso Martinez[1], the “Land Rights Study” by Erica I. Daes[2], the “Doctrine of Discovery Study” by Tonya Gonnella Frichner[3] and the “Study on Decision-Making (pro forma)” by Alfred de Zayas[4] . The United Nations, its bodies, mechanisms and special procedures must address our rights under international law, including international law prohibiting the acquisition of territory by force, international human rights law and international humanitarian law.

[1] Study on treaties, agreements and other constructive arrangements between States and indigenous populations in E/CN.4/Sub.2/1999/20 of 22 June 1999, the Special Rapporteur Miguel Alfonso Martínez

[2] Study on Indigenous Peoples and their relationship to land in E/CN.4/Sub.2/2001/21 of 11 June 2001, the Special Rapporteur Erica-Irene A. Daes

[3] Study on Doctrine of Discovery in E/C.19/2010/13 of 4 February 20010, the Special Rapporteur Tonya Gonnella Frichner

[4] Study on Decision-Making in A/68/284 of 7 August 2013, the Independent Expert on the promotion of a democratic and equitable international order

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