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Harper 's Failure to Implement International Treaty in Algonquin Nation

Harper 's Failure to Implement International Treaty in Algonquin Nation

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Published by Paula LaPierre
Harper administration has failed to implement key priorities necessary for legally binding international treaty. This has failure has caused numerous human rights violations in Canada.
Harper's failure to implement key priorities of the United Nations Convention on Biological Diversity has denied Canadians important information and rural communities and Indigenous Peoples opportunities to full and effective participation and resources for planning their futures and those of future generations.
Harper administration has failed to implement key priorities necessary for legally binding international treaty. This has failure has caused numerous human rights violations in Canada.
Harper's failure to implement key priorities of the United Nations Convention on Biological Diversity has denied Canadians important information and rural communities and Indigenous Peoples opportunities to full and effective participation and resources for planning their futures and those of future generations.

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Published by: Paula LaPierre on Nov 23, 2013
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12/14/2013

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Harper Administration Fails to Implement International Treaty
1
Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right Affidavit:
Algonquin Nation and the Need for Transitional Justice and Truth Commission in Unceded Algonquin Nation Territory Summary:
The Harper administrative State in Canada failed to implement key requirements for environmental and social assessments in unceded Algonquin Nation territories as is required for a legally binding international Treaty process.. The Harper administrative State in Canada has continued with its failure to complete appropriate environmental and social impact assessments as requi
red in accordance to “Article 8j” of the Convention on Bio
logical Diversity within unceded Algonquin Nation territory. The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is an international legally binding treaty. The convention recognized for the first time in international law that the conservation of biological diversity is
a common concern of humankind
 and is an integral part of the development process. The agreement covers all ecosystems, species, and genetic resources. The convention also offers decision-makers guidance based on the  precautionary principle that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.
Article 8j of the Convention calls on Parties to “
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.”
 The Working Group on Article 8(j) (traditional knowledge) and Related Provisions of the Convention on Biological Diversity (CBD) met in October 2013 in Montreal, Canada. The Article 8(j) Working Group addressed: a progress report on the implementation of the work programme on Article 8(j), and mechanisms to promote the effective participation of indigenous and local communities (ILCs) in CBD work; a draft action plan for customary sustainable use; proposed best- practice guidelines facilitating enhancement of repatriation of traditional knowledge; a study on how tasks 7, 10 and 12 of the Article 8(j) work programme (benefit-sharing from, and unlawful appropriation of, traditional knowledge) contribute to the work under the CBD and the Nagoya Protocol; sui generis systems for the protection, preservation and promotion of traditional knowledge; and recommendations from the UN Permanent Forum on Indigenous Issues (UNPFII). The Working Group also featured an in-depth dialogue on connecting traditional knowledge systems and science, such as the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES), including gender dimensions. The 8th meeting of Article 8(j) concluded Friday, 11 October 2013, within unceded Algonquin Nation territory, the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions, recommends that work that will build knowledge networks, support capacity-development and integrate the traditional knowledge and customary practices of indigenous and local communities into the science base of the work of the Convention on Biological Diversity. Article 10 of the Convention, Sustainable Use of Components of Biological Diversity, states: Each Contracting Party shall, as far as possible and as appropriate: (a) Integrate consideration of the conservation and sustainable use of biological resources into national decision-making; (b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity; (c) Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements; (d) Support local populations to develop and implement remedial action in degraded areas where biological diversity has  been reduced; and (e) Encourage cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources.
 
Harper Administration Fails to Implement International Treaty
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Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right There was no appropriate Algonquin Nation representation. The Algonquin Nation territory is unceded. The Harper administrative State has been relying on various piecemeal domestic policy and court initiatives within unceded Algonquin Nation territory to avoid meeting international obligations associated with a legally binding international Treaty. Failure to implement required environmental and social assessments as required as part of international legally binding Treaty in unceded Algonquin Nation territory continues dependence on colonial policies and manifestations of continuing colonial social injustices within unceded Algonquin Nation territory. An appropriate environmental and social assessment process as required by the Convention on Biological Diversity
 
(CBD), that properly implements Community Protocols for Environmental Sustainability would have helped identify and eliminate many such injustices that are still occurring within unceded Algonquin Nation territory. Continuing colonial policy and manifestations of colonial social injustices in unceded Algonquin Nation territory has contributed to gross human rights violations. The United Nations Declaration on the Rights of Indigenous Peoples states: Article 39 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. Article 40 Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights. Attempts by the Harper administrative State to claim fiscal responsibility without providing first the resources necessary to the Algonquin Nation and other Indigenous Peoples of Canada in order to meet the legally binding requirements of the Convention on Biological Diversity is irresponsible. He has failed to act in good faith and the courts have failed to integrate a responsible application of international obligations within unceded Algonquin Nation territory. Alternative justice processes must be established. In relation to transitional justice mechanisms: States should work in partnership with indigenous peoples, particularly indigenous women, to determine the most effective strategies for overcoming barriers to access to justice. This includes helping to revitalize traditional justice norms and institutions.
 
Training and sensitization for law enforcement officials, judicial officials and other state agencies on the rights of indigenous peoples is recommended.
 
Ensure that the criminal justice system does not become a self-promoting industry benefiting from the overrepresentation of indigenous peoples. Individuals wanting to preserve customary governance and rights within the traditional territory have experienced tremendous opposition. They deserve appropriate recognition and support. The Algonquin Nation situation requires a multi-faceted, interdisciplinary international intervention.
 
Harper Administration Fails to Implement International Treaty
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Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right I am a natural citizen/ally of the Algonquin Nation, Kichi Sibi Anishnabe. The Algonquin Nation is an Indigenous Peoples of Canada. The Algonquin Nation is part of the Anishnabe Indigenous Peoples of Turtle Island. The Algonquin Nation is not divided. There is one Algonquin Nation made up of various communities. The provinces do not divide the Algonquin Nation. The Ottawa River does not divide the Algonquin Nation. The Indigenous Peoples of Canada are those Original Nations and other polities that existed prior to our history of colonialism, colonization, and imperialism. Colonization, colonialism and imperialism imposed policies that equate such injustices that they equate crimes against humanity. The Algonquin Nation, part of the Anishnabe cultural complex, an Indigenous Peoples of Canada, have a well recorded and verifiable record of organized social structure and customary governance hundreds, if not thousands of years old. We hold a documented history of exercising customary governance in relationship with our many allies and relations, often in activities associated with matters of international law. 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 influential primary sources of international law.  On 14 December 1960, a "Declaration on the Granting of Independence to Colonial Countries and Peoples" was adopted  by the General Assembly. By this, among other things, the Assembly solemnly proclaimed "the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations." During its fifteenth session, it was also that affirmed that the resolution also provided for the granting of  independence to colonial countries and peoples and  passionate yearning for freedom in all dependent peoples and the decisive role of such peoples in the attainment of their independence that the peoples of the world ardently
desire the end of  colonialism in all its manifestations.
 The United Nations Fourth Committee of the UN General Assembly, often referred to as the Special Political and Decolonization Committee, is one of six committees of the United Nations. The areas of concern it deals with include decolonization , human rights, peacekeeping, public information, atomic radiation and the University for Peace.  The colonial system, and related colonial administrations, in all its forms, often grossly interferes with the rights of people to enjoy fairness, freedom, and healthy environments. These rights apply to both the Indigenous Peoples, and to all other  people that inhabit the territory. As the Charter of the United Nations states:
 
“The subjection o
f peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world  peace and co-
operation.”
 
 
“All peoples have the ri
ght of self-determination; by virtue of that right they freely determine their political status
and freely pursue their economic, social and cultural development.”
 We understand colonialism is a practice of domination, which involves the subjugation of one people to another. It is a system that establishes and exploits unequal relationships between the colonial power and the colony and between the colonists and the indigenous population. It is a systematic and systemic violation of human rights. It is therefore not considered legitimate. As such, the systems that promoted it and continue to maintain ongoing characteristics are considered to lack full authority or jurisdiction. The crimes, injustices, and political interferences attributed to colonialism must be reconciled if we are to remain committed to human rights, social justice and the Rule of Law. If there has been a failure to reconcile the various layers of collective irregularities associated with colonialism, especially as they relate to the Indigenous Peoples affected, then there still remains a structural deficit in the administration and governance system, even here in Canada.

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