Académique Documents
Professionnel Documents
Culture Documents
16 October 2016
Catherine Murupaenga-Ikenn
Harry Burkhardt, Chair, Ngti Kuri Trust Board
INTRODUCTION
1. In September 2016 I attended the following two indigenous live-streamed1
conferences hosted by Puuhonua Village, Nation of Hawaii, Waimanalo,
Oahu Hawaii2:
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With sincere thanks, the 7th Generation Fund for Indigenous Peoples7
for enabling my participation in these conferences, and the Ngti
Kuri Trust Board for supporting my application to this Fund.
3.8 Traditional medicine plants must also be protected, and our practices
revived.
3.9 We must protect the mothers right to breast feed. This right is still
coming under attack in Mexico and elsewhere.
3.10 We were warned about the Codex Alimentarius or "Food Code"
established by the UN Food and Agriculture Organization (FAO) and the
World Health Organization (WHO) in 1963. Its agenda was supposedly
to harmonize international food standards to help better protect
consumer health and promote fair practices in food trade.10 However,
concerns are that it has become another corporate-controlled
mechanism to facilitate pathological corporate (including GMO
companies) agendas concerning food and water, particularly in terms of
attacking indigenous seeds and medicinal herbs.
3.11 The vast majority of Hawaiis plant life is exotic now. We must all
strive to bring back indigenous species.
3.12 We were reminded to communicate with relevant United Nations (UN)
Special Rapporteurs, particularly on the Right to Food, 11 to help
advocate and protect our rights.
Climate crisis, and Report back from the 21st Conference of the
Parties, Paris, 2015
4.
5.3 Consumeristic values are killing us. Thats what has to transform.
from the ancestors that inoculate future generations. Its also very
important for our soils22 but agro-chemical industrial techniques are
killing our soils, hence the nutritional value of our harvested plants has
declined to alarming levels.
6.8 Controlled fire burning around my property kills bad microbes and seeds
of invasive plants.23
6.9 Even hunter-gathering and fishing is a kind of farming you just have a
bigger garden out in the wilderness. Indigenous peoples are facing
incarceration because many of our practices are now illegal. It seems to
be indigenous peoples food security rights are violated first, then
recreational users rights are diminished, but corporations privileges are
the last to be affected. Some indigenous campaigns are
intergenerational: in the short term going to jail for defending your
environment or hunting rights appears to be a wasted effort, but the
next generation can use that historical record to leverage the ongoing
campaign in their time.
6.10 Our people were militant: we had to be to defend against genocide and
ecocide. We really had no choice. But our situation is just as dire today.
Communities can succeed: we just have to figure out a violating
companys or Governments pressure points, and sustain our action.
Other direct action can be taken, like conscious naming of our children
to carry important cultural values, and training to create emotional and
spiritual clarity and fortitude. Thinking about acting isnt enough: you
have to act. We talk of civil disobedience against our oppressors, but to
help rationalize our action (if feeling doubtful) we might consciously
change that idea to civil OBEDIENCE to a law higher than fallible mans
law, i.e. obedience to Mother Natures law, to the Creators law. Our
efforts in the struggle themselves add to much-needed consciousnessraising.
6.11 Desertification is increasing, what water we do have is increasingly
polluted and contaminated, GMOs dont meet our needs and we have
increasing child malnutrition. Small farmers feed 65% of Ecuador, but
1% owns 65% of the water with only 13% reserved for food producers.
Thats very wrong.
6.12 Whether capitalist, socialist or other types of Governments, theyve all
actively violated or passively allowed the violation of indigenous
peoples rights. So our strategies have to transcend just governmental
politics. Indigenous peoples need to share our campaign ideas and
strategies among ourselves more.
Traditional Knowledge
7.
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42ND IITC
CONFERENCE 9-11
SEPTEMBER DAY 1
9. The conference began
with a powhiri /welcome
ceremony recognizing in
turn each indigenous
peoples nation in
attendance (see image
right). This was followed
by opening words from
our Nation of Hawaii
hosts, and IITC board
members, and the
following conference
presentations:
Genocide,
Decolonization and
Treaties
10. Highlights of the panel presentations and ensuing discussion included:
10.1 We received an update that the Standing Rock request for the court to
order an injunction against the Dakota oil pipeline had been declined.
That was quite a blow, and raised more disturbing questions about
access to equal justice for indigenous peoples as opposed to protection
of corporate interests in the US.26 However, just minutes later, the US
Department of Justice, the Department of the Army and the Department
of the Interior intervened with an unprecedented joint statement27
requesting "that the pipeline company voluntarily pause all construction
activity within 20 miles east or west of Lake Oahe."28 Our conference
would like to think that our public release of our recommendation
yesterday (see para 6.1 above) helped force these federal Government
agencies to act rightly when the courts had failed to do so. Meanwhile,
the situation has brought a diverse spectrum of First Nations people
together to protect our natural resources, homelands, families and lives.
The indigenous activists brought their dogs from the Reservations. As a
result, the contracted security company and their attack dogs have left
the site.
10.2 Genocide takes many forms: aggressive advocacy of religious and
other ideologies, legal definitions of indigeneity that exclude indigenous
people or environmental destruction, and through technology
(geoengineering, for example, is happening over our forests. Those
engaged in geoengineering are malevolently manipulating our weather
and criminally disrupting natural atmospheric processes).
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this. If this work creates anxiety for you, then its not for you, because
you must be fearless.
waters and ecosystems, (Ngti Kuri and Te Rarawa Mori peoples of Aotearoa) is second from
and extermination of our
the left wearing a Go Home Statoil T-shirt.40
wildlife. Even the Grand
Canyon one of the recognized
natural wonders of the world is polluted. This has to stop.
12.2 Providing guidance in acting with spiritual fundamentalism (even if
sometimes we have to compromise on our particular worldly tactics and
actions e.g. 100% peaceful action) is where our elders are most
important. Individuals have specific life purposes and missions, and so
do groups of people.
12.3 We need to take time to do more high-level strategizing, lest we end
up being less effective by simply reacting. Truly, we often face
Governmental and corporate agents of death. So some leaders say if
theyre going to kill me, I may as well give my life for the cause. But
living to fight another day also has value. Each person must decide for
themselves what their level of commitment and contribution will be.
12.4 Legal and policy expert indigenous representatives have their value at
the UN. But sometimes, its best to have an authentic grassroots
indigenous person speak directly to the UN about the effect of their
human rights violations, because their first-hand testimony can be very
moving and sway decision-makers.
12.5 Sometimes, despite how weve been (and continue to be) treated,
partnering with what many might describe as unlikely allies (like
Governments, corporations and some NGOs) can advance our cause.41
But we must remain acutely conscious and vigilant in the relationship so
we can effectively address any violations that might yet occur on their
part (as they often do) whether through their ignorance,42
incompetency, willful blindness or deliberate pathological agendas.
12.6 To effectively defend against corporate harm, we have to think as
corporations think and/ or use their processes and tactics: for example,
working with shareholders to lobby energy company Statoil at their
Annual General Meeting to abandon their oil production activities in our
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b.
indigenous nation would have great beneficial value for all indigenous
peoples. If the UN denies us that, then wed seek a lesser goal of
achieving permanent Observer Status at the UN.
13.9 There are UN standards for the protection of individual human rights
defenders, but not so much for collectives of such defenders (like groups
of indigenous people). Mexico and other Governments 51 have
criminalized protest action which violates our right to free speech
(among other things). Mori should file an official complaint regarding
New Zealands Anti-Terrorism law,52 because the definition of terrorism
is relative depending on whether youre the indigenous community
facing genocide or ecocide...or the Government and/or corporation
advocating profit-making privileges.
13.10
There are several international forums dealing with water. But
beware: many of these are convened or controlled by water corporations
who want to legitimize their extraction agendas by having indigenous
peoples representatives participate in their gatherings. It pays to
research the history and/or organizers of such meetings before deciding
to attend. The climate crisis dialogue needs more on water security
solutions.
13.11
The IITC needs more legal experts to help with our campaigns,
and is improving our website including developing mechanisms to
facilitate the production, sharing and access to instruments (like
interventions to UN bodies, support letters for different indigenous
actions).
Commission Sessions
14. The members then organized themselves into the following working
groups (Commissions) and spent the remainder of the day developing
resolutions to propose at the next and final conference day:
14.1 Restoring National Sovereignty and achieving Decolonization;
14.2 Economic Sovereignty;
14.3 Treaties and Treaty Rights: Land, Water, Food, Health, Consent;
14.4 Cultural Rights, Sacred Sites and Repatriation;
14.5 Women and Childrens Rights;
14.6 Food Sovereignty;
14.7 Defending Indigenous Human Rights Defenders; and
14.8 Addressing the Climate Crisis.
15. The agenda for the final conference day was IITC General Assembly.
Highlights of the panel presentations and ensuing discussion included:
15.1 The UN needs more teeth, and indigenous peoples are the teeth. We
must use it, or lose it. Theres UN funding for indigenous peoples
participation,53 and CAGI (the Geneva Welcome Centre54) provides
accommodation grants in Geneva for those participating in UN
meetings.55
15.2 Indigenous groups are encouraged to affiliate with IITC to facilitate
access to IITCs technical and financial assistance with progressing their
peoples human rights issues and priorities.
16. The conference resolutions developed from the previous days
commission workshops were tabled, by open discussion amended where
necessary, and adopted.56
17. Requests for new IITC affiliates were presented and approved; and the
next two IITC hosts were confirmed: Sioux Nation, at Standing Rock 57 for
2018; and Aotearoa (c/o Hinewirangi Morgan) for 2020. Lastly, were
words of thanks and the closing ceremony.
RECOMMENDATIONS
19. As conference follow-up action, it is recommended that the Board:
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b.
Resolutions (attached);
b.
b.
c.
d.
e.
f.
19.12
Notes that:
a.
b.
c.
With endorsement of the Boards Chair, Catherine MurupaengaIkenn is leading Ngti Kuris contribution and inputs into the process
of supporting the Pacifics GSC representative, Samson Viulu, to
undertake his COP22 duties including coordinating the drafting of
a Pacific declaration as the basis for his advocacy work at
Marrakech.
Naku noa,
Catherine Murupaenga-Ikenn
(Kaitautoko/ Policy Support)
5 November 2016 17 | P a g e
Links were posted at the International Indian Treaty Council Facebook page,
https://www.facebook.com/treatycouncil/?fref=ts.
2
For more information on both conferences see http://www.iitc.org/conferences-events/treatyconference/.
3
Food conference agenda available at http://www.iitc.org/wpcontent/uploads/AgendaTaroConferenceHIwithspeakersFINALFINAL.pdf.
4
IITC conference agenda available at http://www.iitc.org/wpcontent/uploads/TreatyConferenceAgendawithSpeakersEnglishFINALrev1.pdf. Links to more IITC
information are available from its home page at http://www.iitc.org/, including its Mission
statement, Guiding Principles and Affiliates (including seven from Aotearoa).
5
These are also available here: http://www.iitc.org/2016-treaty-conference-resolutions/.
6
Note: this is not an official record, it is just notes of my observations.
7
Specifically through the Travelling Song Initiative Grant: see http://7genfund.org/grantapplication for more information.
8
See Editorial: Demand to increase for Northland festivals (5 July 2016), at
http://www.nzherald.co.nz/northern-advocate/opinion/news/article.cfm?
c_id=1503447&objectid=11669035.
9
We were also reminded of the importance of a balanced diet generally for good intestinal
bacterial levels, and for regulating behaviour, e.g. Omega-3, junk food and the link between
violence and what we eat (17 October 2006), at
https://www.theguardian.com/politics/2006/oct/17/prisonsandprobation.ukcrime.
10
11
For more on the Standing Rock situation at the time, see for example Democracy Now! coverage
at http://www.democracynow.org/2016/9/9/in_rare_move_doj_army_interior.
21
For the complete set of food conference recommendations, see n5 above.
22
E.g. see Gil A. Carandang, Indigenous Microorganisms: Grow Your Own Beneficial Indigenous
Microorganisms and Bionutrients In Natural Farming (2003) at http://hkpi.webs.com/Indigenous
%20Micro-organism(Phil).pdf.
23
See also the benefits of biochar production at http://www.motherearthnews.com/organicgardening/making-biochar-improve-soil-zmaz09fmzraw.
24
See Course will look at environmental issues for hap (18 January 2016) at
http://gisborneherald.co.nz/environment/2124643-135/course-will-look-at-environmental-issues.
25
See website at http://www.circleofpoisonfilm.com/.
26
Judge Boasberg found that the corporations had complied with the law in approving permits for
the pipeline and that the tribe had not demonstrated that irreparable harm will ensure. Ref
Federal government moves to halt oil pipeline construction near Standing Rock Sioux tribal land
(9 September 2016), at https://www.washingtonpost.com/news/post-nation/wp/2016/09/09/federaljudge-denies-standing-rock-sioux-tribes-request-to-stop-work-on-four-state-oil-pipeline/?
utm_term=.4c8c651c8f1d.
27
Ref Federal government moves to halt oil pipeline construction near Standing Rock Sioux tribal
land, above at n20.
28
Ref President Obama Tells Standing Rock Demonstrators: 'You're Making Your Voice Heard' (26
September 2016), at http://abcnews.go.com/US/president-obama-tells-standing-rockdemonstrators-youre-making/story?id=42361295.
29
Website at http://www.icj-cij.org/court/index.php?p1=1.
30
See https://www.ushmm.org/confront-genocide/justice-and-accountability/introduction-to-thedefinition-of-genocide.
31
See http://www.icj-cij.org/docket/index.php?p1=3&p2=4.
32
E.g. see Report of the Expert Mechanism on the Rights of Indigenous Peoples on its eighth
session, Geneva, 20-24 July 24July 2015 (19 August 2015), at https://documents-ddsny.un.org/doc/UNDOC/GEN/G15/185/66/PDF/G1518566.pdf?OpenElement.
33
See https://en.wikipedia.org/wiki/United_Nations_General_Assembly_resolution_67/19.
34
The Outcome Document at paragraph 33 committed States to considering ways to enable the
participation of indigenous peoples representatives and institutions in meetings of relevant United
Nations bodies on issues affecting them, including any specific proposals made by the SecretaryGeneral in response to the request made in paragraph 40 below. And paragraph 40 requested
the Secretary-General taking into account the views expressed by indigenous peoples, to
submit through the Economic and Social Council, recommendations regarding how to use,
modify and improve existing United Nations mechanisms to achieve the ends of the United Nations
Declaration on the Rights of Indigenous Peoples, ways to enhance a coherent, system-wide
approach to achieving the ends of the Declaration and specific proposals to enable the
participation of indigenous peoples representatives and institutions, building on his report on
ways and means of promoting participation at the United Nations of indigenous peoples
representatives on the issues affecting them.7: see http://www.un.org/en/ga/search/view_doc.asp?
symbol=A/RES/69/2.
35
See http://www.hawaii-nation.org/publawsum.html.
36
For Professor Boyles profile, see https://en.wikipedia.org/wiki/Francis_Boyle.
37
See for example What is Cryptocurrency? (16 September 2014) at
https://www.cryptocoinsnews.com/cryptocurrency/. The Nation of Hawaii already has a
successfully operating cryptocurrency called Aloha Coin: for more information, see
http://alohacoin.info/. The Nation of Hawaii is collaborating with Japan in the creation of
cryptocurrency. In November 2016, Japan will also begin enabling its citizens to pay for their utility
bills using bitcoin: see Bitcoin Accepted! Japanese Users can Soon Pay Utility Bills with the
Cryptocurrency (26 September 2016) at https://www.cryptocoinsnews.com/bitcoin-acceptedjapanese-users-can-soon-pay-utility-bills/. One concern that needs to be addressed, however, is
how to mitigate the threat of hacking: see Cryptocurrency exchanges under attack, risking repeat
of Mt. Gox debacle (31 August 2016), at
http://www.japantimes.co.jp/news/2016/08/31/business/financial-markets/cryptocurrencyexchanges-attack-risking-repeat-mt-gox-debacle/#.V-yIkMnwqQA.
38
See Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973)
at https://www.cites.org/eng/disc/text.php.
39
Note a change to the Panel: Catherine Murupaenga-Ikenn stood in for Tui Shortland.
40