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United Nations Permanent
Forum on Indigenous Issues
Agenda Item #7: Work Plan
Submitted by the Center for International Indigenous Legal Studies ("CIILS")
A project of the First Nations Legal Studies Program at the Faculty of
Law, UBC
May 13-24, 2002
New York, New York
Indigenous Principles for the
Development of an
Internal Governance Policy for Members of the Permanent Forum on
Indigenous Issues
Mr. Chairperson,
 In my submission to the Permanent Forum on May 22, 2002, I made an oral
recommendation for the development of an internal protocol or governance
policy to guide the Permanent Forum members in its work, development of
work plan and to provide the foundation for good relations amongst the
members and UN state members and UN agencies. I recommended that this
internal governance policy be based on Indigenous principles of governance
that have been referred to during the course of the last two weeks by
Indigenous delegates. At the request of the Special Rapporteur for the
Permanent Forum on Indigenous Issues, Mr. Willie Littlechild, I now
provide you with a written submission of the Indigenous principles
highlighted in my presentation.
The Permanent Forum has the first and unique opportunity as a member of
the UN family to establish a new and healthy relationship with UN states
and agencies based on equal partnership. In this spirit, the Permanent
Forum has the opportunity to decolonize the current relationship between
Indigenous Peoples and other international world actors. While Permanent
Forum members must respect ECOSOC rules and processes, it is equally
important that the members of the Permanent Forum also respect Indigenous
customs in relation to governance. This may require an analysis about
whether ECOSOC rules, policies and processes are inherently discriminatory
or colonial in an institutional sense with respect to Indigenous Peoples
and Issues. By finding a balance between these two ways of governing the
Permanent Forum on Indigenous Issues, a new relationship can grow to
foster efforts to address Indigenous Issues at the international level.
A question was raised by an Indigenous delegate that put into issue
whether "Indigenous wisdom and knowledge is reflected in the work plan of
the Permanent Forum?" It was also suggested that how the work plan is
developed depends on how or the manner in which the Permanent Forum
members approach its mandate and how they relate to each other. The
following Indigenous principles of conducting business summarized below
can assist members of the Permanent Forum develop relations amongst each
other over the next 3-5 years. Through strong relations, further relations
can be established with UN states and agencies.
Proposed Indigenous Peoples Principles for
Permanent Forum on Indigenous Issues
Internal Governance Policy
Respect: Respect is the highest law for the
way we treat each other and our relationship to the world's ecology
system. Respect governs how you conduct yourself and how you speak to
others. At the 1st meeting of the Permanent Forum, delegates called for
respect of diversity of Indigenous Peoples, their rights to
self-determination, their collective worldviews and knowledge systems, and
the need for inclusivity. Members of the Permanent Forum must relate to
each on a respectful basis. Where there is disrespect, every attempt must
be made to address the issue immediately in an open and humble manner.
Once the disrespect has been remedied, members must continue on with
maintaining balance amongst each other.
Responsibility: Indigenous delegates also called for a rights-based
approach to how the Permanent Forum addresses the themes covered over the
past two weeks. In many Indigenous systems, a responsibility framework is
used to sustain healthy peoples and the ecological system. In conducting
the work of the Permanent Forum, members are encouraged to develop expert
advice and recommendations that center on responsibility for the earth,
Indigenous Peoples, Indigenous knowledge and spirituality. Internal
relations that foster responsibility thinking and planning will provide
confidence in the Permanent Forum from Indigenous Peoples, and
subsequently UN states and agencies.
Reciprocity: It is crucial that Permanent Forum members develop reciprocal
mechanisms in their work plan and conduct of relations that benefits
Indigenous Peoples. It has been stated by Indigenous delegates that
Indigenous Peoples "have the answers" of how to address Indigenous Issues
at the international levels. Their participation in program and policy
development is vital. Such mechanisms can also govern relations between
the Permanent Forum and UN states and agencies. Ownership or custodianship
of Indigenous knowledge and communications by Indigenous Peoples to
Permanent Forum members should be acknowledged, protected and respected.
In other words, the relationship with Indigenous Peoples is inherently
reciprocal. Permanent Forum members relations should also be reciprocal.
Holistic Worldview: The Permanent Forum is encouraged to develop a
holistic approach to addressing the thematic areas of its mandate. This
approach can demonstrate to UN states and agencies how they inter-relate
and how the lack of addressing these issues on a holistic level leads to a
cumulative negative impact on Indigenous Peoples. A holistic approach to
governance will also assist the members to achieve its mandate to
coordinate activities at the UN level. Fundamental to Indigenous
worldviews is that all relations are sacred. Permanent Forum members are
encouraged to also develop a non-humancentric approach to their work.
Permanent Forum members that work in isolation of each other will impede
the understanding of this approach to addressing Indigenous issues.
Accountability: The Permanent Forum members are accountable to ECOSOC and
from and Indigenous perspective, to Indigenous Peoples worldwide. They are
also accountable to each other. A governing policy that identifies such
accountability measures will ensure the integrity of the Permanent Forum
and set a strong foundation for future developments at the international
level. As stated by the Aborigine delegation from Australia,
accountability is inter-generational. Thus issues addressed by the
Permanent Forum, UN states and agencies must reflect the "past, present
and future." Permanent Forum members should develop the skill of
addressing issues from this multi-generational and connectedness approach.
Sharing: The New Zealand state observer made reference to the Maori
concept of "sharing food from each other's baskets". In developing an
internal governance policy, Permanent Forum members are encouraged to
share Indigenous worldviews on governance. The implementation of sharing
between Permanent Forum members will set the foundation for the sharing of
information and ideas between UN states and agencies and Indigenous
Peoples. It will also foster concrete dialogue and program planning.
Consensus Decision-Making: Permanent Forum members are encouraged to
develop consensus decision-making measures based on ECOSOC rules as well
as Indigenous customs of consensus-building. If a member does not agree
with proposed decision regarding the work of the Permanent Forum, then
sufficient time must be allocated to discuss and resolve the dispute or
concern. If the member is still not able to agree to the decision, but
does not want to impede the progress of the Permanent Forum, that members'
concern should be recorded and addressed at a later time if appropriate.
Mechanisms should be developed to deal with unnecessary delay,
inappropriate behaviour and conduct by members that do not respect this
form of decision-making.
Peace-making and Resolving Disputes: Given the heightened need to address
the Indigenous Issues at the international level and the controversial
issues raised in the Permanent Forum over the past two weeks (especially
in relation to the economic and human rights themes), a delicate way of
conducting business by members of the Permanent Forum is a top priority in
the development of a work plan and conducting good relations between each
other. Every attempt must be made to maintain peace and harmony amongst
members of the Permanent Forum. To recall Chief and Elder Mary Jones's
message, "we must come from a place of happiness and not hate when
relating to each other". In this way, the members will stand straight and
provide an example to Indigenous Peoples and UN states and agencies to
build unity and solidarity.
Where peace-making or alternative dispute mechanisms have been developed
and attempts have been made by members to resolve internal disputes, but
have not worked, it is recommended that a council of elders be convened
independent of the Permanent Forum to address the dispute.
Where there is accountings of Indigenous treatment by UN states or
agencies from Indigenous Peoples that conflict with state or agency
accountings, the Permanent Forum could advocate for a mechanism to bring a
complete record of all information about the situation raised to
appropriate UN bodies. Ascertaining the "truth" can also be achieved
through the development of "kind, honest, sharing and strength relations"
between Permanent Forum members and their relations with UN states and
agencies and Indigenous Peoples.
What is fundamental to peace-making is the ability to establish trust
amongst the Permanent Forum members. Trust mechanisms coupled with
accountability measures, work to keep the members as a whole working as
one.
Future-Generation Focus: A youth delegate mentioned that "if we do not
involve the youth we will loose them". The priorities that the Permanent
Forum sets over the next 3-5 years must take into account future
generations. This requires long-term planning and vision thinking. A
future generation focus will keep the members accountable on a
generational level. Taking care of the youth and children and including
their participation at all levels will meet this responsibility.
Transparency: It was mentioned by one of the Pacific Indigenous delegates
that the practice of "face-to-face" dialogue is necessary for the
Permanent Forum to be a success. As expert witnesses and advisors,
Permanent Forum members are encouraged to handle Indigenous Issues on this
basis, to be open about reporting, strategies and work relating to the
mandate. A transparent relationship will further the work of the Permanent
Forum and make the mandate achievable at a practical level.
Clarity of Communication: Efforts should be made to ensure that dialogue
amongst Permanent Forum members and dialogue between UN states and
agencies and Indigenous Peoples have the necessary technical support for
accurate translation and communication. This will eliminate potential
misunderstandings and conflicts.
Direct participation: Every member should be free to directly participate
in the business of the Permanent Forum without threat to personal
security, worldview or ability to conduct business as an expert.
Mechanisms to achieve this goal can set a precedent for Permanent Forum-UN
state and agency relations and for Indigenous Peoples participation at a
deeper level. Direct participation incorporates the often mentioned
recommendation by Indigenous delegates that any programs, policies and
projects that impact Indigenous Peoples must first receive the "free and
prior informed consent" of the Indigenous Peoples affected.
I wish the members of Permanent Forum all the best in developing an
internal governance policy to guide your work. I look forward to
witnessing the new relationship that you are building to address our
issues at the international level. I thank you in advance for considering
some of the Indigenous governance principles and customs raised by
Indigenous delegates over the past two weeks and hope you find these
principles useful in the development of the Permanent Forum on Indigenous
Issues. Elaboration of Indigenous principles of governance is strongly
encouraged. An analysis of Indigenous submissions, declarations, and oral
history of participation at the international level can also be canvassed
to identify more principles for consideration. I hope that sufficient
resources and time are allocated to the development of internal governance
policy for the Permanent Forum on Indigenous Issues. Please take your time
and be patient with each other and enjoy getting to know each other and
building new relations.
Thank you,
Professor June McCue
Faculty of Law, UBC
1822 East Mall Vancouver, B.C.
V6T 1Z1
604 822-5559 (tel)
604 822-8108 (fax)
mccue@law.ubc.ca |
