Tag: UNDRIP

BC: call to amend Indigenous rights act

CowichanThe Law Society of British Columbia warned that the provincial government's intention to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) may erode judicial independence and improperly constrain the power of the courts. The proposed amendment would limit the role of the judiciary in matters related to DRIPA's implementation, and follows two landmark court rulings upholding Aboriginal rights and title last year. The BC Supreme Court held in August that the Cowichan Tribes have established Aboriginal title in the city of Richmond, meaning that the province is obliged under the DRIPA to "reconcile" fee simple interests in the city with tribal authorities. In December, the BC Court of Appeal held that the provincial mineral tenure system—allowing registration of mineral rights online without notifying or consulting the Gitxaała and Ehattesaht nations—is impermissible under the DRIPA, which commits the province to upholding principles of the UN Declaration on the Rights of Indigenous Peoples. (Photo: Wikipedia)

Vietnam: Khmer Krom people face escalating repression

Khmer KromUN human rights experts condemned what they described as escalating repression against the Khmer Krom people in Vietnam, urging authorities to cease targeting minority communities through security laws, and to release those detained for peaceful activity. The experts reported that Khmer Krom rights defenders, including Theravada Buddhist monks, face systematic harassment and criminalization for peaceful efforts to promote indigenous identity, cultural expression and religious freedom. The experts further condemned government claims that indigenous and minority cultural identity threaten national security and public order. (Image: Unrepresented Nations & Peoples Organization-UNPO)

Canada high court allows Métis challenge of mine leases

MNSThe Supreme Court of Canada allowed an application by the Métis Nation-Saskatchewan (MNS) for judicial review of the Saskatchewan government's approval of mining permits to proceed. The court ruled that the application, launched in 2021, was not an abuse of process because previous proceedings between the parties had not addressed the dispute in the present case. At issue are three uranium exploration permits within territory over which the MNS asserts Aboriginal title and rights. (Image: MNS)

Nevada lithium permit violates indigenous rights: HRW

Thacker PassHuman Rights Watch (HRW) charged that the US government's decision to permit Lithium Americas company to mine at Thacker Pass in Nevada violates indigenous people's rights by failing to obtain free, prior and informed consent (FPIC) in accordance with international law. The report determined that the Bureau of Land Management (BLM) permitted the lithium mine without the FPIC of the Numu, Nuwu and Newe peoples. In the 2021 BLM decision to approve the mining project, the agency stated it had been in contact with tribal governments since 2018 and that "no comments or concerns have been raised." HRW challenges that assertion, claiming there was no meaningful consultation, and that US courts have rebuffed all efforts by affected indigenous peoples to challenge the adequacy of the consultation process. Thacker Pass contains one of the largest known lithium deposits in the world. The project sprawls over 18,000 acres of Numu, Nuwu and Newe ancestral lands. (Photo: Protect Thacker Pass)

COP16 adopts agreement on indigenous peoples

COP16Meeting in Cali, Colombia, the 16th Conference of the Parties to the Convention on Biological Diversity (COP16) adopted several agreements regarding an expanded role for indigenous peoples in biodiversity preservation efforts. A new agreement on Article 8J of the Convention aims to enhance the place of indigenous knowledge and participation in crafting the Global Biodiversity Framework. Delegates agreed to establish a "subsidiary body" under Article 8J to include indigenous peoples in future decisions on nature conservation, and oblige private corporations to share the benefits of research when tapping genetic resources under the stewardship of indigenous communities. (Photo: via Flickr)

UK to transfer sovereignty of Chagos Islands to Mauritius

ChagosThe UK announced that it will transfer sovereignty over the Chagos Islands, now ruled as the British Indian Ocean Territory, to Mauritius after more than two centuries of control. A joint statement issued by UK Prime Minister Keir Starmer and his Mauritian counterpart Pravind Jugnauth hails the accord as an "historic political agreement on the exercise of sovereignty over the Chagos Archipelago." The UK-US military base on the archipelago's principal island of Diego Garcia will remain operational for an initial period of 99 years to ensure its continued "vital role in regional and global security." The UK will be "authorised to exercise the sovereign rights of Mauritius" on Diego Garcia. The decision follows two years of negotiations over the future of the islands between the two nations. (Map: Republic of Mauritius)

New Zealand: plan to redefine founding document advances

WaitangiThe New Zealand government revealed its plans to move forward with drafting a controversial bill that would redefine the nation’s founding document, te Tiriti o Waitangi/the Treaty of Waitangi, despite official advice from the Ministry of Justice opposing the policy. If enacted, the Treaty Principles Bill would replace the existing principles of the Treaty, first established by New Zealand's parliament in the Treaty of Waitangi Act 1975. Te Tiriti o Waitangi, signed in 1840 between the British Crown and Māori indigenous people, extended to the Crown a limited power of kāwanatanga (governance) over New Zealand’s quickly expanding British settler population while guaranteeing the Māori tino rangatiratanga (ultimate power and authority) over their lands, their villages and all their treasured possessions. Scholar Luke Fitzmaurice-Brown charges that the Treaty Principles Bill "will radically change the legal and constitutional status of te Tiriti o Waitangi, essentially erasing it." (Photo: Waitangi Day celebrations, Feb. 6, 2006, at Waitangi, Paihia. Via Wikimedia Commons)

Russia: indigenous rights groups designated ‘extremist’

indigenous RussiaThe Observatory for the Protection of Human Rights Defenders released a statement urging Russia to refrain from designating groups advocating for the rights of indigenous peoples and national minorities as "extremist organizations." The statement follows a decision by Russian authorities a week earlier to thusly classify 55 such organizations. The Ministry of Justice cited a June ruling by Russia's Supreme Court banning "structural divisions" of the so-called "Anti-Russian Separatist Movement," which was defined as an "international public movement to destroy the multinational unity and territorial integrity of Russia." Involvement in the movement may result in a sentence of up to six years in prison—despite the fact that no such movement formally exists. (Image: Indigenous Russia)

Protect indigenous rights in biodiversity framework

WajãpiAmnesty International cautioned against potential threats to indigenous peoples' rights in the monitoring process for progress towards the Global Biodiversity Framework. The organization emphasized the imperative for states to engage in consultations with indigenous communities and secure their "free, prior, and informed consent" in conservation projects, in line with the Universal Declaration on the Rights of Indigenous Peoples. The statement warned against "fortress conservation" methods in which original inhabitants are forcibly evicted from protected areas. (Photo of Wajãpi indigenous people in Brazil via Mongabay)

Vatican rejects ‘Doctrine of Discovery’

ColónFollowing a long campaign by indigenous peoples around the world, the Vatican announced a formal rejection of the 15th century "Doctrine of Discovery." In a statement, the Church said it "repudiates those concepts that fail to recognize the inherent rights of indigenous peoples." The Doctrine of Discovery arose from several papal bulls, key amongst them the Inter Caetera, issued by Pope Alexander VI in 1493. The document effectively granted Spain the right to claim newly "discovered" areas unoccupied by Christians. The Doctrine, which the Vatican now states was "manipulated for political purposes by colonial powers," found its way into the common law of several nations. In the United States, the Doctrine was enshrined in the famous 1823 property rights case Johnson v. M’Intosh. That opinion, written by Chief Justice John Marshall, subjugated indigenous land claims to those of the US government, allowing federal authorities to seize large portions of indigenous land and sell it to white settlers. (Photo: statue of Christopher Columbus in Colón, Panama. Via Wikimedia Commons)