In The World We Want:

Kichesipirini Algonquin First Nation Asserts Sustainable

Development Goals and Progress Measures Data Collection and

Analysis Must Capture Specific and Contextual Rights of

Indigenous Peoples and Communities, Inclusive of Verified

Customary and International Customary Rights, Through Full and

Effective Participation and Authentic ILCs as Part of Universal

Good Governance Procedures

December 13, 2013

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Customary International Laws of Nations and Collective Rights

We, the Indigenous Peoples and communities of the world, represent those original Nations, those organic societies, that

have emerged since time immemorial, exercising customary governance for the communal benefit of our members, and

that we are committed to promote peaceful and collaborative relations based on caring and sharing principles consistent

with the Rule of Law and the Law of Nations.

As Indigenous Peoples we have exercised, contributed to, and relied on customary international law. We have contributed

to customs and traditions that have sustained us and our members for generations. We assert that all peoples are united by

common bonds, their cultures pieced together in a shared heritage, and we are concerned that this delicate mosaic may be

shattered at any time, if there is not appropriate intervention, negatively affecting the quality of life for all. We strive to

uphold this universal principle of law regarding the preservation, promotion, and perfection of this commitment to well-

being and the common good, and depend on the reciprocity of the international community for support.

We know that customary international laws are those aspects of international law that derive from custom. Along with

general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United

Nations, and its member States to be among the primary sources of international law.

For many Indigenous Peoples our customary laws have not yet been codified. Being sui generis, or unique in nature, some

aspects may always remain kept and passed on in our traditional ways, especially as expressions of our unique

relationship to place and land. We know that our rights and responsibilities as caring and sharing collectives committed to

the common good of the human family is our source of Sovereignty, consistent with the purposes and principles of law.

We know that as Indigenous Peoples and communities with unique relationships to each other and place we hold special

foundations of law that anchor rights and responsibilities in positions of priority necessary for the preservation of

intentional and purposeful social collectives committed to principled action and sustainable economies and livelihoods.

Caring and Principled Inclusion as Part of Customary International Law of Nations

As Indigenous Peoples, representing genuine natural persons, consistent with the Laws of Nations, which include

references to some specific systems of customary principles of international law, we know that the whole Nation is

obliged to endeavour to maintain itself.

This is a physical and principled requirement.

As a body politic, or a society of people united together for the purpose of promoting our mutual safety and advantage by

our combined strength and care, we are part of that ancient and enduring system of governance patiently committed to to

promote the general welfare of natural persons; being human beings, as equal members of the human family; holding

inherent and inalienable rights. These inherent and inalienable rights derived directly from nature form the bases of our

original constitution, our original corporeal body, as genuine natural persons living in relationship within this natural

realm.

Because a Nation performs such a necessary good it is obliged to preserve itself.

If a Nation is obliged to preserve itself, it is no less obliged carefully to preserve all its members.

As Indigenous Peoples and communities committed to preserving the principled common good we know that we share

common vulnerabilities, and have self-determined through the creation of law to lessen those vulnerabilities as a priority

of our existence as a body politic.. We know that the protection of particular rights of genuine natural persons, as human

beings, can rise to the level of jus cogens, and that the equal, inherent and inalienable rights of human beings, through

acceptance by the international community, are seen as non-derogate able rights.

Every genuine natural person has the right to nationality. This should include the right to freely chose that community

which best protects their dignity, culture, heritage, and common bonds, as genuine natural persons.

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Every Nation, including Indigenous Peoples and communities, owes this to itself, since the loss even of one of its

members weakens it, and is injurious to its preservation for those who compose a Nation are united for their defence and

common advantage; and none can justly be deprived of this consistent with the principled conditions. Civil

administrations and records should be consistent with the inherent and inalienable rights of genuine natural persons and

their human right to belong to the Nation of their birth or choice.

Citizenship cannot be based on domestic policies that are not consistent with the Laws of Nations, human rights, and

responsible sovereignty.

Policies reliant on race-based determinations or blood quantum are not consistent with the principles of law. The

continuance of such policy, and the generated confusion with custom as justification, cannot be used as a means to

disqualify aboriginal peoples from full and effective international participation.

As Indigenous Peoples and communities we assert that the purpose of civil society is to procure for the citizens whatever

they stand in need of for the necessities, the conveniences, the accommodation of life, and, in general, whatever

constitutes happiness. This includes the peaceful possession of property, a method of obtaining justice with security, and,

finally, a mutual defence against all external violence.

This cannot be inconsistent with our first constitution as genuine natural persons attached to, and dependent, on this

natural world and the resources and environment it provides us.

As Indigenous Peoples and communities have long understood a Nation is obliged to preserve itself, it therefore has a

right to everything that is necessary for its preservation. Since Nations are made up of genuine natural persons, as

committed and caring collectives of human beings, we have every right to a healthy natural environment as part of the

necessities of life.

Civil administrations and measures must ensure that our inherent and inalienable rights as human beings are appropriately

captured in accordance to the Rule of Law and the principles of the Law of Nations, inclusive of our customary traditions

and original skills.

As Indigenous Peoples and communities we know that appropriate civil administrations and measures must ensure that

our natural heritage as human beings reflects our unique needs and vulnerabilities. It must therefore ensure that they be

gender sensitive, respectful of life stages and cycles, be psychologically and sociologically responsible, and be

intergenerational and precautionary in implementation.

Indigenous Peoples Are Genuine Nations Committed as Social and Moral Collectives

As Indigenous Peoples and communities we know that if we are to continue we must as much as possible avoid, whatever

might cause our destruction. A responsible Nation, or its genuine representative State, has a right to everything that can

help to ward off imminent danger, and have kept at a distance whatever is capable of causing its ruin, along with the rights

to whatever is necessary for its physical and principled preservation.

Therefore, the entire body of a Nation, made up of committed human beings, with each like-minded individual recognized

as equal citizen, who are bound by double obligations; those immediately proceeding from nature, and the other resulting

from their self-determined and intentional reciprocal engagements.

A Nation ought to know itself. It must know its history, its contemporary condition, and its aspirations and obligations. A

Nation ought to ensure that it is answerable to meeting the needs of the people and must be willing to be held accountable.

This includes the provision of regular demographic and social indicators as a means of examination.

As Indigenous Peoples and communities our vision is clear, as the stewards of the lands from the beginning of time, this is

not a new practice. The ability to make decisions about how the earth is used, where food is grown, where people are

housed, where it is acceptable to mine the planet and how we balance destructive practices with need are best decided by

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those who are most directly affected, living on and from those lands, living as its stewards and caretakers, committed as

guardians of Mother Earth.

As Indigenous Peoples and communities we believe it is evident that people form a political society, and submit to laws,

for their own advantage and safety. A legitimate sovereign authority is then established only for the common good of all

the citizens. A political society is considered a moral entity and the public authority must exist as an extension of that, and

be consistent with everything that constitutes the moral personality of the Nation.

As Indigenous Peoples and communities we believe that Nations must be understood to be positive social good

collectives. Sustainability and development must be understood as both material and social good endeavours.

The moral authority must be committed to protecting the inherent and inalienable equal human rights of all the members.

These include their right to material necessities and the right to social communities capable of promoting the social good.

This requires both technical and social capacity skills. Social development must then meet both physical and sociological

requirements, in accordance to the Rule of Law.

As individuals, committed to the positive social good collective, we become bound by the obligations and responsibilities

of that Nation, and become invested with its rights and responsibilities. We know that a legitimate sovereign command or

authority can only be exerted in a manner conducive to the public welfare. As Indigenous Peoples and communities we

know that the sovereign representative and public authority must understand sustainability and act in accordance to the

common good and common property held by the citizens of the Nation. The contemporary failure to frame environmental

care as a necessary national priority because of our common need and ownership lessens our motivation and capacity as

human beings to maintain concepts of identity, nation, and purpose, grounded in the strong emphasis of affectionate

attachments to people and place, and principles of common and effective stewardship. This erodes our expectations of

governance and sense of social cohesion.

Denied Full and Effective Participation in Policy Development and Systems of Justice

For centuries, in many places of the world, Indigenous Peoples and communities have come under domination and

exploitation by entities not committed to preserving the common good and human rights. The United Nations Declaration on the

indigenous peoples have suffered from historic injustices as a result of, inter

alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular,

their right to development in accordance with their own needs and interests,

This colonial interference has severely limited the proper recognition of the Indigenous Peoples at the international level.

Thousands of people have been denied appropriate recognition of their aboriginal identity and associated rights.

It has not only limited us in numbers, but also in our ability to preserve much of our original ideology.

nation, in accordance with

the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the

This failure to protect these customary laws and social principles has negatively impacted all subsequent processes, and

continues to corrupt ongoing consultations, the lasting security of all reconciliations, negotiations, trade and positive

peace processes.

The imposed system breached the principles of self-determination, and the capacity of a Nation to remember itself, as is

required in international Law of Nations.

These sui generis aspects of such distinct social and economic historical experiences are unique to our area of the world

and are a precious part of the ecological and social relationship of human development and the planet Earth. As such, it is

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an integral part of our collective, or communal, human experience and our understanding of our cosmological awareness

in an expansive and dynamic interest in the multi-dimensional aspects of human rights law and responsibility. This multi-

dimensional aspect of the knowledge and traditions of Indigenous Peoples secures for us all a rich heritage of values,

wisdoms, and aspirations applicable to all directions of human social and geopolitical reasoning. We are, and will

continue to be, defining influences in the sphere of human social experience with long histories of resilience and realistic

responsiveness captured and preserved in ways to inspire and encourage creativity and innovation.

Human rights-based processes that appropriately include Indigenous Peoples and our unique systems of understanding

and purposeful distributions helps ensure effective environmental and social safeguards within a rights-based approach to

climate change concerns.

We, as Indigenous Peoples and communities, have the right to access appropriate systems of justice.

Indigenous Peoples and communities continue to face abuse of their interests daily by organized entities not capable of

meeting the collective or sociological requirements.

The preservation of the sustainable natural environment is a protection of the common interest, as being part of the

heritage of the entire human family committed to the common good, and must be recognized as a first priority and

identifying characteristic of genuine Nations. Those who profit from the short term degradation of the earth can no longer

be solely entrusted with its care-taking policies. The political world moving to a pattern that respects indigenous law will

go a long way to installing productive change in the health of the planet.

Indigenous Peoples Have a Vital Role in the Management of the Environment

As Indigenous Peoples and communities we know that customary law and natural law traditions still influence important

legal foundations in international law. These original, indigenous concepts are gaining strength in their recognition as

wisdom and validity systems in emerging codified international law. Consistent with many indigenous concepts the

emerging strength of the recognition of a healthy environment as a basic human right is receiving increased recognition at

the international level. This has included the ratification of many environmentally focused international treaties. These

international treaties represent the legal outcome of the 1992 United Nations Conference on Environment and

Development (UNCED).

The United Nations Conference on the Human Environment, 1972, represented the first international recognition of

environmental issues. Even as early as 1972 the international community developed Principle 21, which is now widely

considered as having become a rule of customary international law. This principle held nation-states responsible for

harmful environmental actions within their sovereign borders, as well as actions that cross over and harm another state.

The Conference led to the establishment of the United Nations Environment Programme (UNEP) and many national

environmental protection agencies.The related Beijing Platform of Action identified the need to involve women actively

in environmental decision-making. Under Strategic Objective K.1 in the Beijing Platform for Action (1995), governments

agreed to encourage the protection, use and promotion of the knowledge, innovations and practices of women in

indigenous and local communities, ensuring that they are preserved in an ecologically sustainable manner and that

98 in

FAO 2003).

The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) is an international environmental

treaty negotiated at the United Nations Conference on Environment and Development (UNCED), informally known as the

Earth Summit, held in Rio de Janeiro from 3 to 14 June 1992.

In the Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972, published online

by the United Nations Department of Economic and Social Affairs (DESA), there was international consensus that

indigenous people and as well as local communities were to be effectively involved.

(http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm)

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Principle 22 of the document states:

enous people and their communities and other local communities have a vital role in environmental management

and development because of their knowledge and traditional practices. States should recognize and duly support their

identity, culture and interes

Significance of The United Nations Convention on Biological Diversity

One of the greatest challenges facing the world today is that of climate change.

Of great significance was the signing of the Convention on Biological Diversity. The Convention on Biological Diversity

(CBD) is a legally-binding agreement looks at conservation of the ecosystem as a whole. It was to have been implemented

in accordance with Article 8(j) and Article 10.

Article 8(j) states

Each contracting Party shall, as far as possible and as appropriate:

Subject to national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of

biological diversity and promote their wider application with the approval and involvement of the holders of such

knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the

utilization of such knowledge innovations and practices.

Article 10(c):

the customary uses of biological resources in accordance with traditional cultural practices should be protected and encouraged.

Can national legislation circumvent other international obligations?

Governments and indigenous and local communities at the Eighth meeting of the Ad Hoc Open-ended Working Group on

Article 8(j) and Related Provisions, held in Montreal, Canada, have reaffirmed the need to recognize and integrate

traditional knowledge systems of indigenous and local communities into the future work of the Convention on Biological

Diversity (CBD), including its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of

Benefits Arising from their Utilization.

All human rights, including social and cultural rights, and any rights related to the environment, must

communities. Important decisions adopted by the Conference of the Parties, COP, to the Convention on Biological

Diversity at its seventh meeting, UNEP/CBD/COP/7, 2004.

Regarding COP 7, the strength of customary law had been further defined. Decision VII/16 on Article 8j and related

provisions Section H, established the need for development of elements of sui generis systems for the protection of

traditional knowledge, innovations and practices, recognising that any sui generis system for the protection of traditional

knowledge, innovations and practices needs to be developed taking into consideration customary law and practices with

the full and effective involvement and participation of concerned indigenous and local communities.

In all circumstances related to the proposed development, the customary laws and intellectual property rights of the

indigenous and local communities with respect to their traditional knowledge, innovations and practices, should be

respected.

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Some key elements of interest:

Capacity-Building, Education And Training

Parties, Governments and relevant organizations should be encouraged to facilitate strengthening existing indigenous organizational structures and organizations representing local communities.

Specific capacity-building activities should be targeted at indigenous women and women in rural or otherwise marginal communities.

Environmental Impact Assessment

Taking into account interrelated socio-economic, cultural and human health impacts, both beneficial and adverse.

Sacred site may refer to a site, object, structure, area or natural feature or area, held by national Governments or indigenous communities to be of particular importance in accordance with the customs of an indigenous or local

community because of its religious and/or spiritual significance.

Social Impact Assessment

Is a process of evaluating the likely impacts, both beneficial and adverse, of a proposed development that may affect the

rights, which have an economic, social, cultural, civic and political dimension, as well as the well-being, vitality and

viability, of an affected community.

That is, the quality of life of a community as measured in terms of various socio-economic indicators, such as income distribution, physical and social integrity and protection of individuals and communities, employment

levels and opportunities, health and welfare, education, and availability and standards of housing and

accommodation, infrastructure, services.

Strategic Environmental Assessment

Is a process of evaluating the likely environmental impacts of proposed policies, plans or programmes to ensure that they

are fully included and addressed at an early stage of decision-making, together with economic, social and cultural

considerations.

Traditional Knowledge (TK)

Refers to the traditional knowledge, innovations and practices of indigenous and local communities embodying traditional

lifestyles relevant for the conservation and sustainable use of biological diversity.

The actors involved in the assessment process may include the proponent of the development, one or more governmental

agencies, indigenous and local communities, stakeholders, and technical experts conducting the assessment; noting further

the desirability of integrating cultural, environmental, and social impacts within a single assessment process

Executive Secretary to publish these guidelines as a booklet in the official languages of the United Nations, Parties and Governments, in collaboration with indigenous and local communities, to also make the guidelines

available in local languages in relevant circumstances.

Parties and Governments to support, financially and otherwise, indigenous and local communities, where they have not already done so, in formulating their own community development and biodiversity conservation plans that will enable such communities to adopt a culturally appropriate strategic, integrated and phased approach to their development needs in line with community goals and objectives. These plans should include a strategic environmental assessment policy or plan to provide a systematic process with the participation of indigenous and/or local communities for integrating cultural, environmental, and social considerations in planning and decision-making. Indigenous and local communities to take note of the guidelines and to request their application in the case of

developments proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters

traditionally occupied or used by indigenous and local communities carry out a baseline study, in consultation

with the affected indigenous and local communities, to ascertain those components of biological diversity of

particular significance to the affected indigenous or local community.

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Monitoring And Auditing Stage:

Monitoring and environmental auditing As part of the above stages, the following steps may also be considered in

carrying out an impact assessment for a development proposed to take place on, or which is likely to impact on, sacred

sites and on lands and waters traditionally occupied or used by indigenous and local communities.

Identification of indigenous and local communities and relevant stakeholders likely to be affected by the proposed development

Establishment of effective mechanisms for indigenous and local community participation, including for the participation of women, the youth, the elderly and other vulnerable groups, in the impact assessment processes

Establishment of an agreed process for recording the views and concerns of the members of the indigenous or

local community whose interests are likely to be impacted by a proposed development

Identification and provision of sufficient human, financial, technical and legal resources for effective indigenous and local community participation in all phases of impact assessment procedures including contingency plans

regarding possible adverse cultural, environmental and social impacts resulting from a proposed development

Identification of actors responsible for liability, redress, insurance and compensation

Establishment of a Review and Appeals Process

The proponent of a development proposal or the responsible government authority should engage in a process of

notification and public consultation of intention to carry out a development. Such notification should use all normal public

means of notification (print, electronic and personal media, including newspapers, radio, television, mailings, village/town

meetings, etc.), and ensure that such notification and consultation take place in the language(s) of the communities and

region that will be affected.

In all circumstances related to the proposed development, the customary laws and intellectual property rights of the

indigenous and local communities with respect to their traditional knowledge, innovations and practices, should be

respected.

Any activity aimed at the incorporation of cultural and social considerations, and the biodiversity-related considerations of

indigenous and local communities, into national environmental the need for continued collaboration with other relevant

organizations working on issues related to the protection of traditional knowledge, innovations and practices, such as the

World Intellectual Property Organization (WIPO), the Permanent Forum on Indigenous Issues (PFII), the World Health

Organization (WHO) and the Food and Agriculture Organization of the United Nations (FAO), the United Nations

Educational, Scientific and Cultural Organization (UNESCO), the United Nations Conference on Trade and Development

(UNCTAD) and the World Trade Organization (WTO) to ensure mutual supportiveness and avoid duplication of efforts.

Provisions regarding enforcement and remedies should have included:

Relationship to other laws, including international law. Parties and Governments to make the necessary voluntary financial contributions to facilitate the convening of the

group of legal and technical experts

Synergy being developed between the Convention on Biological Diversity and the Ramsar Convention in implementing

the programme of work, notes the progress made in the implementation of the joint work plans between the two

conventions (UNEP/CBD/COP/7/INF/27) Ramsar Convention, the United Nations Environment Programme - World

Conservation Monitoring Centre, the Millennium Ecosystem Assessment and the Global International Waters Assessment

among others, further develop collaboration with programmes, organizations, institutions, conventions and include (but

are not limited to) the United Nations Convention to Combat Desertification (UNCCD), the United Nations Development

Programme (UNDP), the United Nations Environment Programme (UNEP), the United Nations Educational, Scientific

and Cultural Organization (UNESCO), the Food and Agriculture Organization of the United Nations (FAO), the United

Nations Framework Convention on Climate Change (UNFCCC), the Convention on International Trade in Endangered

Species (CITES), the Convention on the Conservation of Migratory Species of Wild Animals (CMS), the Convention on

Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention), BirdLife International,

Conservation International, DIVERSITAS, the Global International Water Assessment, the Global Water Partnership, the

WorldFish Center (formerly the International Center for Living Aquatic Resources Management, ICLARM), IUCN the

World Conservation Union, the Millennium Ecosystem Assessment, the World Water Council, Wetlands International,

the World Wide Fund for Nature (WWF) and the World Bank.

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The State is to ensure:

Resources, including financial, technical and legal support, should be made available to indigenous and local communities and relevant national organizations to enable them to participate fully in all aspects of national

impact assessments.

Establish a voluntary funding mechanism under the Convention to facilitate the participation of indigenous and local communities

Particular emphasis on providing information in appropriate and accessible languages of indigenous and local communities

The development proposal and impact assessments should be made available to organizations representing affected

indigenous and local communities and relevant stakeholders for the purposes of public scrutiny and consultation. This

should include:

A formal process to identify the indigenous and local community members, experts and organizations, and relevant stakeholders should be engaged, including local and open consultations.

In order to facilitate the involvement and participation of the affected indigenous and local communities, local experts should be identified and their expertise recognized and engaged at the earliest opportunity.

provision of necessary human, financial, technical and legal resources, particularly to those indigenous and local communities, to support indigenous and local expertise, will facilitate effective indigenous and local community

participation in the impact assessment process.

In social impact assessments, social development indicators consistent with the views of indigenous and local communities should be developed and should include gender, generational considerations, health, safety, food and

livelihood security aspects and the possible effects on social cohesion and mobilization.

Possible impacts on traditional systems of land tenure and other uses of natural resources Protecting traditional lifestyles. Recognize the vital role that women and youth play, in particular women and youth within indigenous and local

communities, in the conservation and sustainable use of biological diversity and the need for the full and effective

participation of women in policy-making and implementation for biological diversity conservation should be fully

taken into consideration.

Indigenous and local communities should be encouraged, and provided with the necessary support and capacity to formulate their own community development plans.

The process is to include proposals for the application of ways and means to remove or mitigate perverse

incentives.

As part of the associated processes, along with the impact assessments, review and appeals, monitoring and auditing there

should be processes for identifying influences that impede implementation.

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Identification of Obstacles For Policy Reform

Recognizing that a sui generis system for the protection of traditional knowledge at the international level may enable indigenous and local communities to effectively protect their knowledge against misuse and

misappropriation and that such a system should be flexible and respect the interests and rights of indigenous and

local communities.

The lack of contributes to the persistence of policies that create perverse incentives and do not assist in achieving what may still be legitimate policy objectives. International organizations are highly requested to cooperate in this

effort.

Initiatives include:

Removing perverse incentives. Evaluation of policy efficacy and efficiency. Removal of policies that generate perverse incentives. Funding should be available for capacity-building. Building policy, legal, judicial and administrative capacity. Building capacities of, and empowering indigenous and local communities and all relevant stakeholders with

respect to access to and use of relevant technologies, including strengthening of decision-making skills.

As per COP 10 decision X/2, States are required to implement the 2011-2020 Strategic Plan for Biodiversity, including

the Aichi Biodiversity Targets; with the full and effective participation of Indigenous Peoples.

For Indigenous Peoples, preservation and promotion of traditional and cultural practices are closely linked to Indigenous

Peoples customary uses of resources and broad world views regarding connection to land and lifeforms. Both are

intimately connected to Indigenous Peoples ability maintain, promote and preserve culture with authenticity.

Indigenous Peoples and Community Protocols Inclusive of Customary Law Within a United Nations Framework

Contained in the newly released publication Community Protocols for Environmental Sustainability: A Guide for

Policymakers. UNEP Nairobi and EDO NSW Sydney (2013), community protocols are an emerging concept in

international environmental law and policy.

This do

developed by Indigenous Peoples and local communities, ILCs, in relation to their traditional knowledge (TK), territories,

and natural and other r

diversity of ILCs and their responses to issues or problems. Depicting this diversity, community protocols provide a

description of the collective identity of relevant ILCs that include their histories, shared values, traditional territories,

Of particular interest cognized Indigenous Peoples is

according to the customary laws of the indigenous peop

This principle is linked to the right to self-determination, cultural rights, and the right to participation. Important areas

where community protocols can provide clarity and reduce conflict include:

substantive (including rights to natural resources and traditional territories) and procedural rights customary laws, processes and ways of life.

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Potential benefits identified from ore inclusive processes include:

conservation and sustainable use of biodiversity in both protected areas and beyond; protection of TK; regulating access to the traditional territories, natural and other resources and TK of ILCs; acting as an interface between customary law and formal legal and policy frameworks; education, capacity building and improved participation; and clarification of expectations and improved relationships between ILCs and external actors.

conduct, and established practices. They are enforced by community institutions, and can have sanctions attached. They

are derived from natural resource use some practices and beliefs acquire the force of law. They are locally recognised,

t al., 2009).

It is our recommendation that these guidelines be integrated as policy at the international level as part of a Climate

Change and Social Justice Action plan.

ty protocols involves the broader

community in decision making in a way that is accessible and sensitive to local processes, in particular, recognising

customary decision-

tive participation also reflects the principle of procedural justice, which has been linked to processes such

One of the major challenges facing the human family today is that of climate change. Climate change affects many issues

such as loss of biodiversity, degradation of ecosystem and ecosystem services and local, regional, and global air, water

and land pollution. These matters cannot be seen as merely environmental. Their social component must be accurately

addressed.

Inclusion of Indigenous Peoples and local communities ensures that fairer assessments are implemented that recognize

human beings as integral parts of the natural world, and that our individual and collective rights, health, economic, food,

and water securities are affected. The use of probability based environmental and social impact projections cannot be

made in isolation of human rights issues.

Reliance on business models is not sufficient.

The inherent uncertainties associated with all projections must be recognized and mitigations must be addressed through

political processes anchored in moral leadership and global accountability. Climate change is a threat not only to

ecosystems, but also to the people who directly depend on them, as well as subsequent systems expected to respond. This

can have unfair consequences on the poor and vulnerable. Inclusion of Indigenous Peoples and local communities brings

on the ground decision making and ecosystem protection as more effective elements of Climate Change policy.

Although numerous policies have been in place for decades they have not been fair or effective. The appropriate inclusion

of Indigenous Peoples and local communities encourages the inclusion of climate change and social justice principles into

national impact assessment procedures in more meaningful ways consistent with international objectives.

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Full and Effective Participation Must Include Access to Justice

Council (EMRIP) (UNHCR, 2011), the Global Environment Facility (GEF) (GEF, 2012), the International Finance

Corporation (IFC, 2012), and the Asian Development Bank (ADB, 2009) provide some guidance on matters relating to

Full and effective participation in such processes:

-determination is free of external manipulation, interference, coercion or intimidation, ensures information is accessible to various age groups and socio-economic backgrounds and in the relevant

language,

should be particularly attentive to the voices of ILC women

As Indigenous Peoples and local communities, we know that the impacts of climate variability and change are different

and more severe for vulnerable populations.

We know that climate change is an immediate threat to lives and livelihoods. We know that the impacts of climate

variability and change are the greatest for those who are the least able to cope with negative consequences. The

participation of authentic communities in climate change policy based on the recommendations of the Convention on

Biological Diversity would facilitate new meaningful education and employment opportunities for those most at risk,

while reducing unintended consequences, especially to the poor. Without appropriate intervention there are cumulative

negative impacts.

.

For centuries, since time immemorial, Indigenous Peoples and many types of local communities have shared a common

repertoire of competencies, interests, and common resources including language, cultural teaching songs, legends, artistic

styles, symbols, seasonal routines, reference documents, specialized tools, and integrated community systems of rewards

that the collectives have developed that have contributed to long traditions of knowledge, trusted relationships, and

common benefits, contributing to material benefit and social cohesion and capacity.

These shared practices utilized by many intentional positive social enterprise communities have existed as the formalized

economic and social organization systems of many Indigenous Peoples, as genuine Nations, and have been utilized as

informal systems by many other types of communities as well. These communities of shared practices, interests, and

support networks become extremely valuable in times of crisis or challenge. These intentional communities of common

practice and values can act as efficient and effective resources for local and immediate intelligence and human resources

for the enforcement of environmental laws on the ground. This can mean important new and meaningful education and

employment opportunities for Indigenous Peoples and local communities.

As an international forum for building consensus and negotiating agreements, the UN is tackling global problems. Climate

change is a global problem that demands a global solution. The United Nations has been at the forefront in assessing the

science and forging a political solution. The United Nations is also working to solve global environmental problems,

which can be related to climate change issues. Indigenous Peoples hold traditional knowledge that may be critical to

climate change adaptation. If we do not have accurate and authentic information regarding the Indigenous Peoples of an

area then we are wasting valuable resources and missing critical opportunities. It is imperative that data collection be

accurate and thorough.

The entire concept of sustainability is grounded on taking future generations into account while living now with an

awareness that our actions do have an impact on others and the world. Social sustainability takes an even larger

worldview into consideration that also integrates consideration of specific communities, cultures, and matters of

globalization.

12

Good Governance and Responsible Policy Requires Contextual Rights-Based Data

Without accurate data there cannot be accurate measures.

incorporation or imposed juristic personhood,

typically curtails the independent expression of concerns faced by many Indigenous Peoples and local communities. The

situation is even more severe for those Indigenous Peoples and communities not recognized by any administrative means.

It is a well-recognized principle of international law, that States may not invoke their domestic laws to avoid their

international obligations.

Continuing progress associated with the Convention on Biological Diversity emphasise:

Respect, preserve and maintain the traditional knowledge, innovations and practices of indigenous and local communities consistent with Article 8(j)

Establishing appropriate mechanisms to improve the participation and involvement of indigenous and local communities and civil society representatives

Engage indigenous and local communities, and all relevant sectors and stakeholders including representatives of society and the economy that have a significant impact on, benefit from or use biodiversity and its related

ecosystem services.

Ensure that national biodiversity strategies and action plans take into account the principles in the Rio Declaration on Environment and Development adopted at the United Nations Conference on Environment and Development.

If there is to be full and effective participation there must be access to remedy and appeals process for complaints as part

of access to justice.

Elements of access to justice include the right to an effective remedy, procedural fairness and the need for States to take

positive measures to enable access to justice. (Access to justice in the promotion and protection of the rights of indigenous

peoples, Study by the Expert Mechanism on the Rights of Indigenous Peoples, A/HRC/24/50)

The right to a remedy and related procedural and substantive rights essential to securing a remedy are protected in a wide

range of international instruments. The United Nations treaty bodies have found that, when providing for remedies, they

should be adapted so as to take account of the special vulnerability of certain categories of persons. This has been

particularly true for those Indigenous Peoples and individuals wishing to preserve and implement their customary

governance rights and identity. Positive steps can include measures to ensure the use of indigenous languages in courts,

and ensuring officials are highly trained in indigenous history, legal traditions and customs.

The Expert Mechanism has recommended previously that, in providing redress to indigenous peoples for the negative

impacts of State laws and policies, States should prioritize the views of indigenous peoples on appropriate forms of

redress (A/HRC/21/53, para. 23).

human rights, including through the

A/HRC/24/50)

Expert advice at the international level suggests that:

The United Nations should dedicate resources to the development and carrying out, in cooperation with indigenous peoples, of training on the rights of indigenous peoples in relation to access to justice for law

enforcement officials and members and staff of the judiciary.

The United Nations system should seek to expand programmes designed to support indigenous peoples to carry out strategic litigation to advance their rights and expand their access to justice.

The United Nations should work with indigenous peoples to contribute to further reflection on and capacity-building regarding truth and reconciliation procedures for indigenous peoples.

Culturally appropriate support services must be provided.

13

Expert Mechanism advice No. 5 (2013): Access to justice in the promotion and protection of the rights of indigenous

peoples states:

that they respect the principles of the Declaration, and that States act in a timely way on truth commission

recommendations and the im

It further states:

improved access to justice for indigenous peoples, including by encouraging recognition of and providing support for

indigenous justice systems and promoting the implementation of the Declaration at the national level and to provide

training on the rights of indigenous peoples in relation to access to justice

For Indigenous peoples and communities there can be no pathway to justice without a clear integration of our relationship

to land and sui generis economies. These matters of environmental and social justice are directly linked with global

interests associated with climate change and sustainable development goals.

Rio+20, is the short term for the United Nations Conference on Sustainable Development, having taken place in Rio de

Janeiro, Brazil, June 2012. It was a hailed as a historic opportunity to define new pathways to a safer, more equitable,

cleaner, greener and more prosperous world for all. One of the main outcomes of the Rio+20 Conference was the

agreement by member States to launch a process to develop a set of Sustainable Development Goals (SDGs). This process

was to include the active involvement of all relevant stakeholders, as appropriate, in the process. The Conference

produced the defining document The Future We Want, A/RES/66/288 - The Future We Want.

Section C of the document, Engaging major groups and other stakeholders, Article 43 states:

We underscore that broad public participation and access to information and judicial and administrative proceedings are

essential to the promotion of sustainable development. Sustainable development requires the meaningful involvement and

active participation of regional, national and subnational legislatures and judiciaries, and all major groups: women,

children and youth, indigenous peoples, non-governmental organizations, local authorities, workers and trade unions,

business and industry, the scientific and technological community, and farmers, as well as other stakeholders, including

local communities, volunteer groups and foundations, migrants and families as well as older persons and persons with

disabilities. In this regard, we agree to work more closely with the major groups and other stakeholders and encourage

their active participation, as appropriate, in processes that contribute to decision-making, planning and implementation of

policies and programmes for sustainable development at all levels..

Article 49 states:

es in the achievement of sustainable development. We

also recognize the importance of the United Nations Declaration on the Rights of Indigenous Peoples in the context of

global, regional, national and subnational implementation of sustainable development

The Rio+20 outcome document The Future We Want resolved to establish an inclusive and transparent intergovernmental

process on SDGs that is open to all stakeholders. SDGs must have clear and transparent indicators, with near-term

benchmarks within the longer-term scope of the goals. They are to include important qualitative metrics that should also

be used to judge progress, and identifying regional disparities otherwise not usually recognized through quantitative data.

Each goal must integrate social, environmental and economic dimensions, and be interconnect in these areas. It must be a

holistic approach that requires innovative approaches that develops a limited number of concise goals goals that address

challenges of the highest political as well as scientific priorities.

These required innovations in data sources and data collection, and the broader social indicators required for post-2015

cross-cutting themes are to include new data sources and information in official statistics, particularly capable of

identifying and capturing inequalities among population groups and integrating population dynamics in target-setting

objectives.

http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/66/288&Lang=E

14

Indigenous Peoples Specific and Contextual Right Must Be Defined Integrated Within Social and Sustainable

Development Goals With Full and Effective Participation Where Appropriate

Of particular concern to us as representatives of Indigenous Peoples and communities are the numerous disparities

between various groups and sectors within the indigenous populations and collective structures and relationships. While

there are vast differences in the conditions and challenges between Indigenous Peoples in the different parts of the world

and State regimes, few people recognize the vast disparities between different indigenous groups within single State

administrations; especially where there has been a history of colonization.

Colonial policy introduced artificial divisions amongst organic original Nations that still leave a legacy of gross disparity

and marginalization today. This marginalization in some circumstances is so severe that many authentic groups have been

completely ignored and removed from the record, left to fend completely for themselves in circumstances of great

disadvantage and threat. The differences b -

are all artificial and discriminatory concepts that are alien to traditional practices and compromise the inherent and

inalienable rights of thousands of indigenous people around the world. These discriminations cannot simply be remedied

by simple federal or State recognition as this often erodes existing customary rights, land title, and jurisdiction of a

significant number of existing but unrecognized Indigenous Peoples around the world. Some of these most discriminated

against Indigenous Peoples can be found continuing in developed countries, but are systematically denied all benefits or

interventions available to those in developing countries. This includes appropriate remedial intervention or relocation

assistance following extensive environmental or climate change crisis.

These most marginalized Indigenous Peoples and communities have continued as ignored peoples only now to find

themselves at risk of becoming invisible climate change refugees.

SDGs must be conceived under the language and action of a rights- based approach, serving as a comprehensive

overarching guide to broad systematic change, upholding the Principle of Non-Regression (that nations cannot amend or

repeal current laws designed to protect human rights). If there is to be appropriate participation then there must be

appropriate understanding of the various rights and jurisdictions held by specific and contextual aboriginal groups and

Indigenous Peoples.

The principle of non-discrimination and equality is enshrined in international human rights instruments adopted by States.

This principle supports the need for more systematic statistics to better inform on discriminations, as well as provide

statistics on other vulnerable populations which may be excluded from mainstream sources of indicators such as house-

hold surveys and census records.

Indigenous Peoples are identified as a vulnerable group, major stakeholder, and source of potential valuable contributions

within the climate change framework.

Because there are legal and jurisdictional issues causes inequalities among this population group there must be different

ways of treating these groups when developing indicators, and that full and effective participation in this development

processes has already been established in the CBD. The effectiveness and efficiency of this participation should be

enhanced with the recommendations in Community Protocols for Environmental Sustainability: A Guide for

Policymakers, UNEP Nairobi and EDO NSW Sydney (2013), community protocols are an emerging concept in

international environmental law and policy.

Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and

equitable development and proper management of the environment, and that the situation of Indigenous Peoples varies

from region to region and from country to country and that the significance of national and regional particularities and

various historical and cultural backgrounds should be taken into consideration; considering that the rights affirmed in

treaties, agreements and other constructive arrangements between States and Indigenous Peoples are, in some situations,

matters of international concern, interest, responsibility and character.

15

The document Community Protocols for Environmental Sustainability: A Guide for Policymakers, UNEP Nairobi and

EDO NSW Sydney (2013) clarifies that:

itical diversity of ILCs and their

responses to issues or problems. Depicting this diversity, community protocols provide a description of the collective

identity of relevant ILCs that include their histories, shared values, traditional territories, knowledge, innovations and

According to the publication:

practices. They are enforced by community institutions, and can have sanctions attached. They are derived from natural

resource use some practices and beliefs acquire the force of law. They are locally recognised, orally held, adaptable and

).

Since states tend to view those Indigenous Peoples that still hold customary jurisdiction and title while living within their

territories as a major threat. This makes this group a very vulnerable group withinh an already vulnerable group or group

of interest. If their situation and concerns are not authentically and accurately captured through appropriate data collection

processes then all measures can be compromised.

You cannot measure what you do not acknowledge or include.

If States fail to acknowledge the existence of verifiable and authentic Indigenous Peoples still holding customary

jurisdiction then we lose a valuable contributor, and we fail in the rights-based and inclusive aspects of the process.

Many Indigenous Peoples and communities are denied any fair representation in State processes, and are left completely

invisible in civil registrations or vital statistics processes which could be used as very valuable tools for effective

sustainable development impact data and human rights monitoring. Instead, many States, through administrative

omissions, file statistics and reports, respond to international queries, and enter into consultations without first rectifying

glaring disparities within their own systems. There must be more accurate and verifiable data processes and broader measures of progress.

The Statistical Commission Friends of the Chair Group on Broader Measures of Progress (FOC) was established by the

United Nations Statistical Commission at its forty-fourth session (26 February to 1 March 2013) as response to the request

of the Rio+20 conference to launch a programme of work on broader measures of progress to complement GDP in order

to better inform policy decisions.

The Friends of the Chair Group (FOC) on broader measures of progress was established by the United Nations Statistical

Commission at its forty-fourth session (26 February to 1 March 2013) as a response to the request of the Rio+20

conference to launch a programme of work on broader measures of progress to complement GDP in order to better inform

policy decisions. The Commission has requested that the FOC, among other things,

The Commission has stressed that:

part of a larger information infrastructure/architecture in order to support

development policy at all levels and need therefore to be linked to evolving sustainable development goals and any

framework that will support the post-

We assert that as Indigenous Peoples still holding customary jurisdiction, and those communities allied with us, be given

proper recognition within the United Nations climate change framework. An important first step in that is our full and

effective participation in the development of social indicators that reflect our unique, sui generis, situation and provide full

and effective participation, in accordance with our rights, in the SDGs, targets, and progress measures process.

16

Respect For Indigenous Knowledge, Cultures, Traditional Practices Contributes To Sustainable, Equitable

Development, Proper Management Of The Environment

The scale of the global sustainable development challenge is unprecedented.

Four priorities established are economic development (including the end of extreme poverty), social inclusion,

environmental sustainability, and good governance including peace and security.

Social inclusion should integrate an appropriate definition, based on the human-rights based approach that includes

appropriate definitions of Indigenous Peoples, indigenous people, indigenous community, aboriginal, and various other

terms used to describe those groups and the various right that they hold. Good governance must include thorough,

accurate and authentic data collection regarding the various indigenous groups with appropriate capture of their access to

resources and justice processes applicable to their specific and contextual rights.

Ensuring full and effective participation of the Indigenous Peoples and communities in these processes will ensure

meaningful economic and employment opportunities for many marginalized and impoverished communities.

Again, recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and

equitable development and proper management of the environment, and that the situation of Indigenous Peoples varies

from region to region and from country to country and that the significance of national and regional particularities and

various historical and cultural backgrounds should be taken into consideration; considering that the rights affirmed in

treaties, agreements and other constructive arrangements between States and Indigenous Peoples are, in some situations,

matters of international concern, interest, responsibility and character.

Article 38 of the United Nations declaration on the Rights of Indigenous Peoples, UNDRIP, states:

States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative

measures, to achieve the ends of this Declaration.

Article 39 states:

Indigenous peoples have the right to have access to financial and technical assistance from States and through

international cooperation, for the enjoyment of the rights contained in this Declaration.

We assert that funding, logistics, independent and competent expert assistance must be provided in ways that promote

inclusive and appropriate participation.

Article 41 of the UNDRIP states:

The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall

contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial

cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting

them shall be established.

Article 42 states:

The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including

at the country level, and States shall promote respect for and full application of the provisions of this Declaration and

follow up the effectiveness of this Declaration.

We therefore assert In The Future We Want:

Kichesipirini Algonquin First Nation asserts sustainable development goals and progress measures data collection and

analysis must capture specific and contextual rights of Indigenous Peoples and communities, inclusive of verified

customary and international customary rights, through full and effective participation and authentic ILCs as part of

universal good governance procedures.

17

Sincerely,

in service,

Paula LaPierre

Principal Sachem

Kichesipirini Algonquin First Nation

Kichi Sibi Anishnabe

Canada