Saturday, April 26, 2008

European Human Rights Groups Write to Dalton

Meeting of European Human Rights Groups for the Rights of Indigenous
Peoples

Hon. Dalton McGuinty
Premier, Government of Ontario

Dear Premier McGuinty,

We, the representatives of European-based human rights groups for the
rights of indigenous peoples protest against the violation of
fundamental
rights of the Ardoch Algonquin and Shabot Obaajiwan First Nations as
well
as of the Kitchenuhmaykoosib Inninuwug (KI) First Nation. Members of
these
First Nations were jailed for rightfully defending their lands against
uranium mining and platinum exploration.

The charges relate to the non-violent opposing to mining activities that
the government of Ontario should not have permitted in the first place
and
constitute a clear violation of the United Nations Declaration on the
Rights of Indigenous Peoples adopted by the UN-General Assembly in
December 2007.

Here we specifically refer to the following articles:

Article 7
1. Indigenous individuals have the rights to life, physical and mental
integrity, liberty and security of person.

Article 26
1. Indigenous peoples have the right to the lands, territories and
resources
which they have traditionally owned, occupied or otherwise used or
acquired.
2. Indigenous peoples have the right to own, use, develop and control
the
lands, territories and resources that they possess by reason of
traditional ownership
or other traditional occupation or use, as well as those which they have
otherwise
acquired.
3. States shall give legal recognition and protection to these lands,
territories and resources. Such recognition shall be conducted with due
respect to
the customs, traditions and land tenure systems of the indigenous
peoples
concerned.

Article 29
1. Indigenous peoples have the right to the conservation and protection
of
the environment and the productive capacity of their lands or
territories and
resources. States shall establish and implement assistance programmes
for
indigenous peoples for such conservation and protection, without
discrimination.

Article 32
1. Indigenous peoples have the right to determine and develop
priorities and
strategies for the development or use of their lands or territories and
other resources.
2. States shall consult and cooperate in good faith with the indigenous
peoples concerned through their own representative institutions in order
to obtain
their free and informed consent prior to the approval of any project
affecting their
lands or territories and other resources, particularly in connection
with the
development, utilization or exploitation of mineral, water or other
resources.


With respect to the aforementioned articles, we urge your government to
take immediate action to:
1. Enter into good faith negotiations with the Kitchenuhmaykoosib
Inninuwug (KI), the Shabot Obaajiwan and the Ardoch Algonquin First
Nations in order to reach a just resolution to the current conflicts
that
ensures that their rights are fully respected and upheld.
2. Instruct officials in the Ministry of Northern Development and Mines
to
ensure that no more mineral exploration permits or mining leases are
granted that violate constitutionally protected Indigenous rights,
including the court-recognized right to consultation and accommodation.
3. Comprehensively reform the Ontario Mining Act, including the free
entry
system, in consultation with Indigenous peoples and with affected
stakeholders. Reform must include protection of the rights of Indigenous
peoples in national and international law and independent environmental
assessment of the cumulative impacts of proposed exploration and mining
projects.

Also, we would ask you to respond how your government intends to respect
the relevant articles of the United Nations Declaration on the Rights of
Indigenous Peoples in this case.

Sincerely,
Your concerned European observers

Vienna, Austria
April, 26th 2008


Aktionsgruppe Indianer und Menschenrechte e.V. www.aktionsgruppe.de
Arbeitskreis Indianer Nordamerikas www.arbeitskreis-indianer.at
Gesellschaft für bedrohte Völker Deutschland www.gfbv.de
INCOMINDIOS Schweiz www.incomindios.ch
MENSCHENRECHTE 3000 menschenrechte3000@yahoo.de