Zero-draft Resolution to be adopted by UN General Assembly on 20 September 2014 - Recommendations to the ALTA Outcomes Document by the National Khoen and San Council (NKSC) on behalf of all the first indigenous San, Korana, Nama, Griqua (Grigriqua) and Cape Khoen Peoples of South Africa PREAMBLE As the original and distinct peoples and nations of Southern African we abide by natural laws and have our own customary laws, spirituality and world views. We have our own social and unrecognised governance structures, indigenous knowledge systems, values and the love, respect and life ways, which form the basis of our identity over thousands of years as indigenous peoples and our relationship with the natural world. As the indigenous people of our region of the world we have been instrumental in the advocacy for recognition of human rights including the collective and individual human rights of indigenous peoples and have participated in international forums and processes. This has resulted in the adoption of ILO Convention 169, United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the establishment of the UN Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the UN Special Rapporteur on the Rights of Indigenous Peoples that we translated in our current Afrikaans language. For centuries, ever since the Portuguese Christian crusader, Bartolomeus Diaz, killed the first Khoin person in 1488 at a place today called Mossel Bay on the south coast, we the indigenous Khoin and San peoples have and continue to face the inhumane colonization and loss of our lands, territories, resources, air, oceans, waters, mountains and forests, as well as the destruction of our aboriginal identities, languages and cultures. This has resulted over the centuries until today in patterns of domination, subjugation and genocide, with the continuous infliction of the pain of exploitation and the pain of exclusion upon our Khoin and San peoples. These patterns can be traced back to claims of discovery and conquest, papal bulls, royal charters, “manifest destiny” and other erroneous and legally invalid doctrines. We, as the first indigenous peoples of Southern Africa, embark on the process of reversing the shameful legacies of the worst crime against humanity, the brutal Christian slavery and inhumane apartheid policies by calling upon current world leaders to revoke the invalid doctrines of their predecessors to correct the wrongs done to our indigenous peoples’ in our horrific past, the root cause of the prevailing human relations disaster of our nation at war with itself. We specifically call upon His Holiness, Pope Francis to revoke the Papal Bull of Pope Alexander VI, the Inter Caetera issued on the 4th May 1493 and upon Her Majesty, Queen Elizabeth of England to revoke the Royal Charter of Discovery issued by King Henry VII in March 1496 and to declare these doctrines null and void to pave the way for the restoration of the World’s Indigenous Peoples right to land, self-determination and self-governance. We also call upon the South African Head of State to revoke the Union Extraordinary Government Gazette, 7 June 1928 & Proclamation R123, 1967 to end the shame of an imposed and coerced racist seven types of “coloured” identity, to pave the way to deal with the ugly identity crisis and restore our indigenous people’s first nation status. We know the British Monarchy and Church of England apologized at a Commemoration Service at the Westminster Abbey on the 28th March 2007 for their criminal slavery and debt and wage slavery of our indigenous peoples over the past 362 years in South Africa, but offered no reparations to the much needed and essential aboriginal healing and restoration processes to correct the wrongs done, including the “coloured” genocide of the past century. Population: Growth or Decline ‘Coloured’(Khoin-San Africans) ‘Whites’ (Europeans) *1911 4, 697,152 (4.7 million) 1,276,242 (1.27 million) **2011 4,615,401 (4.6 million) 4, 586,838 (4.6 million) Comparison of groups Decrease of 82 thousand Increase of 3,3 million *Official Yearbook of the Union of South Africa (1910-1917) by Mr. C. W. Cousins, Director of Census. **The 2011 Census of the Republic of South Africa by Mr. Pali Lehohla, Statistician-General. These statistics call for in depth investigations and thorough research to determine what happen to more than 3 million of our indigenous peoples to embark on a restoration process for justice. The British Empire must be called to account for their crimes and pay reparations by supporting our Khoen and San Foundation Nation Restoration! Our indigenous peoples very strongly oppose all their extractive industries and fracking which endlessly rob and plunder our national resources to destroy the earth, and their imposed fractional banking system that robs the poor to pay the rich, without our free, prior and informed consent. “We must regard the healing of the South African Nation as a process, not as an event”…It always seems impossible, until it is done. - Nelson Mandela We are in the process of establishing an Aboriginal Healing Foundation of Real Reconciliation for the healing of historic trauma, “coloured” slave-mentality, learned helplessness, changing from external to internal locus of control and restoring ethics over the next decade on national, provincial and community levels as we in the spirit of the times (zeitgeist) are called upon in Isaiah 58v12 that our first nation “shall build the old waste places; shall raise up the foundations of many generations; and thou shall be called the repairer of the breach, the restorer of paths to dwell in.” As a nation, we need to appreciate that things will get much worse before it gets any better and that the apart-hate systems of social inequality that dominate our lives will experience a slow and painful death. Apart-hate must really die before the birth of a new dawn of restored ethics in our beloved country! The sooner the colonial military Castle of dehumanization and torture in Cape Town is handed over as our Place of Healing and national headquarters, and state buildings for provincial headquarters in each province as well as satellite offices in each of our communities to deliver services the 20 year old democratically elected government failed to do since in office, the better it will be to implement our own Foundation Nation Restoration. We have submitted our concept document entitled Transforming the Castle to a ‘Kuikeip’ (Stone-kraal) of Hope, Healing and Restoration of Ethics for its legal transfer. Our demands remain the same as they always were: Reclamation of our indigenous lands, territories, resources, oceans and waters inclusive of the western half of South Africa or the old Cape Province (Eastern, Western and Northern Cape Provinces from Kokstad to Vryburg and Mahikeng and the western parts of the Free State and Northwest provinces); Constitutional recognition as first indigenous peoples with first nation status; Restoration of our indigenous cultures, belief systems and Khoekhoegowab and San languages as official languages; all the resources denied to us over the past 20 years of so-called constitutional democracy; Our indigenous Khoen and San priorities for Reconstruction and Development Programmes (RDP) and activities of our Aboriginal Healing Foundation for Reconciliation with our free, prior and informed consent. Since our inhumane exclusion from Codesa Talks made our indigenous Khoen and San Peoples’ “socially and politically invisible,” we are now ready for the same high level talks or negotiations with this dodgy, divisive Cabinet to find ethical solutions for our country’s future. The time is now for the RSA government action on the real implementation of its national and international obligations! Our First Indigenous Khoen and San Peoples contributions per article to the Outcome Document, the Declaration of the High-Level Meeting of the General Assembly: The World Conference on Indigenous Peoples is as follows: Article 1 – We reaffirm our solemn commitment to promote and advance the rights of indigenous Khoen and San peoples already established in universally agreed international human rights norms and standards, including UNDRIP which sets the minimum standards for survival, dignity and well-being of the Indigenous Peoples of South Africa and the world Article 2 – Recall other major achievements of the past two decades in building an international framework for the advancement of the rights and aspirations of the world’s indigenous peoples, including the establishment of the Permanent Form on Indigenous Issues, the creation of an Expert Mechanism on the Rights of Indigenous Peoples, and the appointment of a Special Rapporteur on the Rights of Indigenous Peoples and commit to follow up the recommendation and advise issued by these bodies. Article 3 – Reaffirm that Indigenous Khoen and San Peoples are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination in the exercise of their rights by calling on the Head of State to end the “empty” promises of the past twenty years and to immediately provide the necessary resources needed to promote and advance the process of the realization of first indigenous peoples’ self-determination and self-governance in South Africa. Article 4 – Commit to actions directed at translating the UNDRIP into RSA national law and to promote awareness among all sectors of society Article 5 – Harmonize our RSA national constitution and legislation, by adapting Chapter 12 where relevant to recognize the rights of indigenous Khoen and San, but not colonial-created traditional communities that only enforce inferiority complexes among indigenous peoples. We noticed that most destruction of properties and violent social revolt against the RSA State comes from Chapter 12 state-funded traditional communities who call themselves black Africans, and not from the non-funded indigenous Khoen and San communities, who insulted as “coloured-bastards” are the slaves that build modern South Africa over centuries. Article 6 – Invite the South African Government to ratify International Labour Organization Convention 169 on Indigenous and Tribal Peoples as soon as possible. Article 7 – Encourage RSA Government to prepare national action plans or strategies devoted to the implementation of United Nations Declaration on the Rights of Indigenous Peoples such as: The establishment of a National Register of indigenous Khoen and San Africans; The establishment of a Ministry of Indigenous Affairs with its administrative Khoen and San national head offices at the soon to be transformed Castle in Cape Town, with state buildings for Khoen and San provincial head offices in each province as well as satellite offices in each indigenous Khoen and San community to deliver services at grassroots level. Article 8 – Acknowledge that indigenous Khoen and San peoples’ restorative justice systems can play a positive role in dispute resolution and contribute towards harmonious relationships within indigenous communities and within society in line with international human rights standards. We heal broken relationships between perpetrators and victims. Article 9 – Commit to coordination and dialogue with indigenous Khoen and San peoples justice institutions so as to improve access to justice for indigenous peoples Article 10 – Recognise the need to enable and empower indigenous Khoen and San peoples to more effectively address all forms of violence committed against indigenous Khoen and San women, youth and children to permanently end such domestic and public violence Article 11 – Commit to work with the free, prior and informed consent of indigenous Khoen and San peoples to disaggregate data based on indigenous identity in our National Register, including in our population and housing censuses. This would be to help draft and implement public policy and legislation that better addresses the situation of indigenous Khoen and San elders, women, youth, children and persons with disabilities. Article 12 – Commit to develop fair, transparent and effective mechanisms, in conjunction with indigenous Khoen and San peoples, to enable access to and repatriation of ceremonial objects and human remains as done for Saartjie Bartmann, Klaas and Trooi Pienaar etc. Article 13 – Request the UN Human Rights Council in consultation and cooperation with indigenous Khoen and San people, to consider recommending to the 71st session of the General Assembly possible ways to more effectively evaluate and improve the implementation of UNDRIP in our country. Article 14 – Encourage Human Rights Treaties Bodies to consider including in their deliberations the relevant provisions in UNDRIP and to focus attention on their subsequent implementation Article 15 – Urge the UN System to support the national and regional consultation and cooperation mechanisms with indigenous Khoen and San peoples consistent with the UN Development Group Guidelines for Indigenous Peoples to ensure the implementation of indigenous Khoen and San peoples’ priorities and rights. Article 16 – Recall the General Assembly Resolution on National Institutions for the Promotion and Protection of Human rights and welcome the increasingly important role of national human rights institutions in the promotion and protection of the human rights of indigenous peoples and encourage their active role in advancing the implementation of the Declaration on the Rights of Indigenous Peoples by reviewing the role of these Chapter 9 institutions such as the SA Human Rights Commission, CRL Commission and Pan South African Language Board who failed the Khoen and San Africans over the past two decades. Article 17 – Request the Secretary General with the support of the UN Inter-Agency Support Group for Indigenous Issues, and with indigenous Khoen and San peoples, RSA state and other relevant stakeholders, to develop a draft System –wide Action Plan focused the following areas: (a) Eradication of poverty by providing resources for own organic food and renewable energy production and water purification (b) Violence against women, youth and children must addressed (c) The right to communication by providing a national call centre and radio station (d) Inter-culturality of health systems and indigenous cooperative education (e) Occupations, livelihoods, entrepreneurships of indigenous persons (f) Data disaggregation and indicators with support for the National Register for indigenous peoples proposed by Special Rapporteur Stavenhagen in 2005 (g) Establishment at national level inter-agency support groups in South Africa (h) Indigenous persons with a disability be provided with required assistance (i) Good governance and access to justice for indigenous peoples with the establishment of a Ministry of Indigenous Affairs, nationally, provincially and locally (j) Strengthening human rights protection mechanisms for the still excluded indigenous Khoen and San Peoples Article 18 – Invite the Secretary-general to give considerations to the appointment of a High Representative for Indigenous Khoen and San Peoples, at the appropriate level, to raise awareness of the Proposed Action Plan to support for subsequent Implementation Article 19 – Request the Secretary General, taking into account the aforementioned priority areas, in particular violence against women and children, to assign the responsibility to the Special Rapporteur on Violence against women, to examine the causes and consequences of this violence dimension and find amicable solutions of peace and harmony. Article 20 – Building on the Report of the Secretary General on ways and means of promoting participation at the UN of Indigenous Khoen and San Peoples’ representatives on the issues affecting them and the proposals it contains, request the Secretary General to consider preparation of specific proposals regarding participation of the envisaged indigenous Khoen and San Peoples’ governments at the UN Article 21 – Request the Executive Board of the United Nations Development Programs in consultation with Indigenous Khoen and San peoples and RSA state to make indigenous Khoen and San peoples issues a focus of its Human Development Report no later than 2018. Article 22 – Commit to establish in conjunction with the Indigenous Khoen and San Peoples fair, independent, impartial, open and transparent mechanisms, giving due recognition to indigenous Khoen and San Peoples laws, traditions, customs and land tenure systems, to recognise and adjudicate the rights of indigenous Khoen and San Peoples pertaining to their lands, territories and resources in the old Cape Province, including those that were traditionally owned or otherwise occupied or used. Such mechanisms should be duly authorised by judicial bodies empowered to resolve disputes over lands, territories and resources taken without the free, prior and informed consent of Indigenous Khoen and San peoples. Indigenous Khoen and San Peoples have the right to participate in this process. Article 23 – Commit to define with the free, prior and informed consent of indigenous Khoen and San peoples programmes and resources to support the indigenous Khoen and San peoples traditional occupations, local and diverse economies and livelihoods, traditional subsistence activities and sustained food security as we did for thousands of years. Article 24 - Commit to develop and implement with the indigenous Khoen and San peoples, national consultative mechanisms based on human rights standards, which are culturally appropriate and flexible and relevant to the free, prior and informed consent and that in particular are directed at respecting the lands territories, resources, oceans and waters of indigenous Khoen and San peoples. The South African National Development Plan (NDP) could be adapted to be all inclusive, also of the first indigenous Khoen and San African Peoples in accordance with the South African Constitution (1996) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 2007. Article 25 - Commit to examine in consultation and cooperation of indigenous Khoen and San peoples the negative implications of resource extraction in order to in co-operate indigenous Khoen and San peoples’ rights under international law, including respect for their free, prior and informed consent. Article 26 – Affirm and recognise the right to protection, preservation and restitution of sacred places, heritage sites and cultural landscapes and will cooperate with indigenous Khoen and San peoples to establish procedures and mechanisms that effectively promote the implementation of these rights. Article 27 - Commit to promote the review mechanisms and protocols to ensure that the private sector upholds principals of good governance and the standards contained in the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP). Article 28 - Commit to give due considerations to the rights of indigenous Khoen and San peoples in the elaboration of the post-2015 development agenda and to mainstream the promotion and protection of these rights into the development agenda at the national, regional and international levels. Article 29 – Recognise the particular experience and knowledge accumulated by indigenous Khoen and San peoples with respect to ensuring sustainable development, through hunting, gathering, pastoralism, small scale agriculture and farming and call upon all actors to share experiences in the formulations of the post-2015 development framework. Article 30 – Recognise the role of the indigenous Khoen and San peoples traditional knowledge and strategies as well as manifestation of sciences, technologies and cultures in maintaining resilience when developing all national and international policies, standards and measures on climate change prevention, adaptation and mitigation. Article 31 - Commit to provide with the full, equal and effective participation of indigenous Khoen and San African peoples, adequate resources that enable the empowerment of indigenous Khoen and San African peoples to deliver and have access to high-quality and adequate education, health, including mental health and housing to improve the well-being of indigenous Khoen and San African peoples. Article 32 – Reaffirm that indigenous Khoen and San youth are equal to all other youth and we will support programmes of indigenous Khoen and San peoples to strengthen the capacity of indigenous Khoen and San youth including the transmission of traditional knowledge, innovation and practices, as well as the Khoen and San languages. Article 33 – Urge the South African Government to cease militarization of the lands , territories, waters and oceans of indigenous Khoen and San peoples and to initiate processes to demilitarize these areas such as the Lohatlha Military base in the Northern Cape where military activities traumatizes the local indigenous Korana communities with the testing of bombs in their lands that causes veld fires that kill livestock and unexploded bombs in the veld that causes a constant threat to innocent indigenous children. A Commission of Inquiry is required to investigate and correct this social malice. Article 34 – Proclaim the Third International Decade of the World’s Indigenous Peoples commencing on the 1st January 2015 and decide that the goal of Third Decade will be international cooperation for the effective implementation of the UNDRIP. Article 35 – Invite the Secretary-General to consider assigning responsibility for the coordination of the Third International Decade of the World’s Indigenous Peoples to the proposed High Representative for Indigenous peoples. Article 36 – Invite the South African State and private sector alike to contribute to the United Nations Voluntary Fund for Indigenous Peoples, the United Nations Trust Fund on Indigenous Issues and the United Nations Indigenous Peoples partnership as a means of promoting the rights of indigenous peoples world-wide Article 37 – Request the Secretary-General in coordination with the relevant UN entities, to include information on progress made in the implementation of this Outcome Document in reports on issues concerning Indigenous Peoples and to make recommendations, as appropriate, for concrete and further steps to implement the present outcome document within the context of the development agenda beyond 2015. Article 38 – Request the General Assembly to include a specific focus on indigenous peoples in its final report on the achievement of the Millennium Development Goals Article 39 - Request the Secretary-General to report to the 70th session of the General Assembly on the progress toward implementation of this outcome Document. PREPARED BY MEMBERS OF THE NATIONAL KHOEN AND SAN COUNCIL (NKSC)
Posted on: Tue, 25 Nov 2014 07:34:43 +0000
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