Presented by Ahmad Moussa
Bob Antymniuk introduced our guest speaker tonight.
Ahmad Moussa teaches Indigenous Peoples and the Industrial State. He holds a Master of Arts in International Law and Human Rights specializing in indigenous rights topics. Ahmad has extensive and diverse experience working in social justice and human rights activism. He has worked in the rural, isolated community areas as well as the urban street level areas with indigenous peoples locally and globally; broadening his understanding and witnessing first hand the consequences and challenges that indigenous peoples face in their territories. Having worked as a human rights officer for six years for the Transitional Justice Process in Canada for indigenous peoples known as the Residential School Settlement Agreement, Ahmad brings unique and distinct perspective when it comes to advancing justice and reconciliation with and for indigenous peoples where the importance of a rights-based approach to development emphasizes the inclusion of the local-global interconnections. [The preceding information was provided by Siddha Param – Menno Simons College]
Ahmad opened his presentation by stating that he is passionate about this topic. He advised that we are living in interesting times. Right now the actions being taken in British Columbia regarding pipeline construction on traditional lands is a hot topic and a global issue. We must all think globally and act locally.
A lot of people do not understand the topic of Justice and Reconciliation regarding Indigenous Peoples. History tells us how this has come about.
- Doctrine of Discovery and the Treaty of Westphalia.
- The age of discovery in European history was from the 15th century right up to the 18th century. There was aggressive exploration and expropriation of land.
- The Peace of Westphalia (German: Westfälischer Friede) was a series of peace treaties signed between May and October 1648 in the Westphalian cities of Osnabrück and Münster, largely ending the European wars of religion. The treaties of Westphalia brought to an end, a calamitous period of European history which caused the deaths of approximately eight million people.[1] Scholars have identified Westphalia as the beginning of the modern international system, based on the concept of Westphalian sovereignty. {Wikipedia}
In 1648, European powers decided to negotiate to end the ongoing wars. The Treaty of Westphalia was signed. It is looked upon as the basis of International Law today.
- International Legal System:
- Treaty
- Custom
- Declaration – not binding
- Jurisprudence – decision based on past decision
- Doctrine
- Industrial State and Indigenous Peoples.
- There has been a perpetual policy of discovery in the new world since 1492. The indigenous peoples have been on the receiving end of these processes of discovery since Europeans arrived in the New World. Not really a New World, as the indigenous peoples have been on the land for centuries prior to this. The indigenous peoples across the world have had their way of life based on a process of Recovery (Healing). The indigenous peoples have been living in a perpetual trauma due to this conflict.
- The same conflict between Discovery / development and Recovery has existed in other parts of the world such as Japan, New Zealand.
- You can not go on to indigenous lands without consultation and agreements in place.
- International Law and Human Rights.
- Universal Declaration of Human Rights;
The Declaration consists of 30 articles affirming an individual's rights which, although not legally binding in themselves, have been elaborated in subsequent international treaties, economic transfers, regional human rights instruments, national constitutions, and other laws. The Declaration was the first step in the process of formulating the International Bill of Human Rights, which was completed in 1966, and came into force in 1976, after a sufficient number of countries had ratified them. {Wikipedia}
- International Covenant of political and Civil Rights;
The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.[2] As of August 2017, the Covenant has 172 parties and six more signatories without ratification.[1] {Wikipedia}
- International Covenant on Economic, Cultural and Political Rights;
It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right to an adequate standard of living. As of September 2018, the Covenant has 169 parties.[3] A further four countries, including the United States, have signed but not ratified the Covenant. {Wikipedia}
- United Nations Declaration on the Rights of Indigenous Peoples;
Due to the past and ongoing violence and abuse of Indigenous individuals and peoples, the UN created this non-legally binding declaration as an aspiration for how Indigenous individuals and peoples should be treated. The Declaration sets out the individual and collective rights of Indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues. It also "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations".[9] It "prohibits discrimination against indigenous peoples", and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".[9][10] The goal of the Declaration is to encourage countries to work alongside indigenous peoples to solve global issues, like development, multicultural democracy and decentralization.[11] According to Article 31, there is a major emphasis that the indigenous peoples will be able to protect their cultural heritage and other aspects of their culture and tradition in order to preserve their heritage from over controlling nation-states.
This declaration is a resolution, meaning it is not a law bearing document. Indigenous people are not considered a country [nation - state] and do not have right to international law protection through the international court of justice. Article 40 states that Indigenous peoples have right to fair procedures for the resolution of conflicts and dispute with countries or other parties, because Indigenous people cannot use the International court of justice, UNDRIP has no indication of which judicial power indigenous peoples are to bring disputes to.[13] {Wikipedia}
- Indigenous Peoples are Sovereign, they just don`t have a State.
- The damages suffered are not being understood.
In conclusion, Discovery and Recovery clash.
Q/A
1.- Darvin Jasper asked about the conflict happening in B.C. regarding the pipeline?
A.- The land in question was never negotiated as part of a Treaty. The lands have been traditional lands of the local tribes for centuries.
Paul Brault expressed that the elected Band Council had signed an agreement with the pipeline to allow construction. The Hereditary Chiefs did not agree to the construction on the land.
Al Roberts agreed that the clash was due to differing opinions by the Elected Band Council and the Hereditary Chiefs.
The feelings of some of the community were not respected.
Bob Eilers thanked Ahmad for his presentation. Bob advised that there were words in the presentation that he had never even heard before. I am sure that holds true for most in the club. Ahmad was advised that a donation, in his name, would be made by the Charleswood Rotary Club to ShelterBox.
