E/C.19/2009/CRP.6
																																																											21 April 2009
																																																											English	only																																		

Report of the North America Region
Preparatory Meeting for the United Nations
Permanent Forum on Indigenous Issues
Eighth Session (UNPFII8)

March 13th and 14th, 2009
Window Rock, Arizona - Navajo Nation

Co-Chaired by Clarence Chee (Diné/Navajo Nation), Vice
Chair, Navajo Nation Human Rights Commission, Beverley Jacobs (Mohawk Nation), Native Women’s Association of Canada and Jihan Gearon  (Diné/Navajo Nation), Indigenous Environmental Network

Report Prepared and Submitted by Co-Rapporteurs: Andrea Carmen (Yaqui Nation), International Indian Treaty Council, Celeste McKay (Métis Nation), Native Women’s Association of Canada and Donna House (Diné/Navajo Nation), 
American Indian Law Alliance

I.  BACKGROUND 
1. 	This is a report of the North America Region Preparatory Meeting for the United 
Nations Permanent Forum on Indigenous Issues 8th Session (UNPFII8) held March 13th - 14th, 2009, in Navajo Nation Territory, Window Rock Arizona, hosted by the Navajo Nation. This meeting was a voluntary effort by Indigenous Peoples from the North America region who used their own limited resources to attend the meeting. 

2.	The meeting was opened with a prayer by Yolanda Charley, Miss Navajo Nation at the
request of the Navajo Nation.

3.	Vice-President of the Navajo Nation, Ben Shelly presented a welcoming address to the
participants.

4.	Participants introduced themselves.  The Indigenous Peoples of the territory on which
the meeting took place, the Navajo Nation, were recognized and thanked by all the participants for hosting this meeting. 
5. 	Chief Dan Smith represented Grand Chief Edward John and Andrea Carmen, co-
coordinators of the North America Regional Indigenous Peoples Caucus (NA Caucus), 
welcomed the participants and thanked the hosts. They explained the history and 
formation of the NA Caucus and that the focus of the meeting was to develop by 
consensus a strong, consolidated regional statement to be presented at the upcoming 
UNPFII8 that will reflect the concerns, perspectives and recommendations of 
Indigenous Peoples of the North America region addressing the agenda items of the 
UNPFII8.  This includes providing updates regarding implementation of resolutions 
adopted by the UNFPII at its past session, addressing the new agenda item on reports, 
updates, and developments that were presented from recent UN Expert Seminars, 
conferences and human rights mechanisms, relevant to the work of the UNPFII, 
including this year’s Expert Seminar on implementing the UN Declaration on the 
Rights of Indigenous Peoples, and bringing forth recommendations for consideration of 
the UNFPII to address key issues of relevant concern to the region. 

6. 	The Chairpersons and Rapporteurs were selected by meeting participants by consensus. 
The Chairpersons appointed were Clarence Chee, Navajo Nation Human Rights 
Commission, Beverley Jacobs (Mohawk), Native Women’s Association of Canada 
(NWAC), and Jihan Gearon (Diné/Navajo), Indigenous Environmental Network (IEN). Co-Rapporteurs were Celeste McKay (Métis), NWAC, Andrea Carmen, (Yaqui), 
Executive Director of the International Indian Treaty Council (IITC) and Donna House (Diné/Navajo), American Indian Law Alliance. 
7. 	The Preparatory Meeting was attended by 65 representatives from 43 Indigenous 
Nations, organizations and communities from the UNPFII’s North America Region (United States and Canada). 

8. 	The UNPFII Independent Expert member from North America, Ms. Tonya Gonnella 
Frichner, Onondaga Nation, and other participants provided an overview and 
background of the UNPFII, including its historical development, its mandate, and 
effective strategies for Indigenous participation at the upcoming 8th session (May 18th to 26th), at UN Headquarters, New York. 
9. 	North America caucus members nominated and approved by consensus Art Manuel 
(Secwempemc) and Debra Harry (Northern Paiute) to serve as the Co-Coordinators of 
the NA Caucus for the next year.  Participants expressed their appreciation to Grand 
Chief Edward John and Andrea Carmen for their years of service as Co-Coordinators of 
the NA Caucus and asked them to continue to contribute their expertise in support of the 
new Co-Coordinators and the work of the Caucus. Arthur Manuel and Debra Harry were 
welcomed as the new Co-coordinators and took their places and began their work in that 
regard. 

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10.	Reports, updates, and developments were presented from recent UN Expert Seminars,
conferences and human rights mechanisms, which are relevant to Indigenous Peoples’
work at the UNPFII and the international arena.

·	Report from the Expert Seminar on Implementation of Article 42 of the UN
Declaration for the Rights of Indigenous Peoples (New York, January 14th - 16th,
2009)
·	UN Committee on the Elimination on Racial Discrimination (CERD) Review of
the USA, 2008
·	Human Rights Council’s (HRC’s) Universal Periodic Review (UPR) of Canada
·	Reports from the 1st session of the HRC’s UN Expert Mechanism on the Rights
of Indigenous Peoples (EMRIP) and the 2nd session of the UN Advisory
Committee
·	10th session of the HRC and relevant special rapporteurs reports
·	Status of the report from the 2nd UN Seminar on Treaties (2005)
·	Report on the OAS Working Group to Prepare the Draft American Declaration
on the Rights of Indigenous Peoples
·	Report  from  the  UN  Framework  for  the  Convention  on  Climate  Change
(UNFCCC) COP 13 (Poznan)
·	UN Committee on the Elimination of Discrimination Against Women Review of
Canada, 2008
·	Durban Review Conference, a follow-up to the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance
·	World  Intellectual  Property  Organization	(WIPO)  IGC  on  Traditional
Knowledge, Genetic Resources and Folklore
·	Convention on Biological Diversity, upcoming Seventh meeting of the Ad Hoc
Open-ended Working Group on Access and Benefit-sharing
11 .	Participants called for the UNPFII members to endorse an opening event at the
UNPFII8 honoring Indigenous women.
12 . 	Participants nominated by consensus Debra Harry (Northern Paiute) as the North 
American Indigenous representative to the CBD WG on Access and Benefit 
Sharing Expert Group on traditional knowledge associated with genetic resources, in accordance with Notification Ref.: SCBD/SEL/OJ/VN/GD/66485, to be held from June 16th to 19th in India.    By consensus, as an alternate, participants 
nominated Art Manuel (Secwempemc). 
13 . 	Chief Wayne Moonias, Louis Bull First Nation, Grand Chief of the Confederacy of 
Treaty 6 First Nations, presented the invitation to the North American Regional Caucus to hold their 5th preparatory meeting for UNFPII9 in Treaty 6 Territory in Alberta, 
Canada in 2010, hosted by the Confederacy of Treaty 6 First Nations.  The invitation was accepted by the consensus of the participants. 

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II.  CONCLUSIONS AND RECOMMENDATIONS 
The following Conclusions, Recommendations, and issues of Concern addressing the agenda items of the UNPFII at its 8th session as noted below were agreed by consensus by the 
Participants: 

3.  Follow-up to the recommendations of the Permanent Forum on: 
14 . 	The participants in the North American Preparatory Session took note of the 
recommendations in the final report of the United Nations Permanent Forum on 
Indigenous Issues, 7th session [E/2008/43/E/C.19/2008/13], which met from April 21 to May 2nd, 2008.  Participants reviewed in particular the recommendations contained in paragraphs 60, 62, 64, 66, 68, 69, 73 and 74. 
15 . 	In consideration of the critically important issues addressed in these recommendations, 
which in our view have not yet been resolved and in some cases have become even more critical in the past year, participants agreed to the following: 

(a)  Economic and social development; 

16 . 	Participants affirmed that all development projects within Indigenous Peoples’ ancestral 
territories must respect their fundamental rights to lands, waters, resources, territories, peace and security, self-determination and free, prior and informed consent (FPIC) processes which includes the input of traditional, spiritual, cultural and subsistence practitioners and traditional leaders. 

17 . 	Participants requested that the UNPFII8 call upon all States, including the United 
States and Canada, as well as Indigenous Peoples, religious organizations and civil 
societies, to uphold the right to FPIC, and to remind States, UN bodies, 
development and finance agencies, corporations and other entities that FPIC must 
be applied as the operative framework for all negotiations, contracts and 
settlement processes affecting the social and economic rights of Indigenous Peoples. 

18 . 	The participants further emphasized that the rights recognized in Treaties, Agreements 
and Constructive Arrangements with Indigenous Peoples and affirmed in article 37 of the UN Declaration on the Rights of Indigenous Peoples also have a direct impact on a range of economic and social as well as cultural rights for Indigenous Peoples. These rights must also be upheld by States. Participants noted that three of the four States 
which voted against the UN Declaration on the Rights of Indigenous Peoples at the UN General Assembly have many Nation to Nation Treaties with Indigenous Peoples which continue to be violated to this day, with devastating impacts on the social, 
economic, cultural, spiritual, political, legal and environmental rights of Indigenous 
Peoples in the United States, Canada and New Zealand. 

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19 .	Participants urged the UN Advisory Committee to continue the work outlined in
the UN Study on Treaties, Agreements and Constructive Arrangements between 
States and Indigenous Peoples including identifying a mechanism within the UN to 
address Treaty violations by States.  Participants expressed that the UN needs to 
act on Treaties and their implementation as an emerging and critical matter of the 
highest priority to protect and uphold the rights of Indigenous Peoples in our 
territories. 

20. 	Participants urged the UNPFII to affirm the human right to water both 
internationally and domestically, to ensure that trade and investment agreements do not undermine states’ and Indigenous Peoples’ abilities to protect this right, and to develop a global freshwater strategy recognizing Indigenous water rights, 
including the Treaty right to water. 

21 . 	Participants urged the UNPFII to strongly advocate for the establishment of a 
United Nations International Year for All Waters which can among other 
mandates, conduct focused research and emphasize critical concerns of Water 
access, potability, and cultural integrity in relation to Indigenous Peoples and 
Nations. 

22 . 	We further urged the UNPFII8 recommend to ECOSOC and advance to UNEP, 
working in coordination with the UN HRC, to coordinate an official UN Expert 
Meeting on the Right to Water that extends beyond water potability and sanitation 
issues.  We request that in preparation for this Expert Meeting the UNPFII calls 
upon the UN Independent Expert on the issue of human rights obligations related 
to access to safe drinking water and sanitation to prioritize gathering input and 
testimony from Indigenous Peoples regarding the Protection of Water and Water 
Catchment Areas targeted for, or impacted by, Water privatization, diversion, 
toxic contamination, dams, pollution, commodification, non-sustainable energy 
development, and other environmental injustices that damage natural, potable, 
and accessible Water supplies on which Indigenous Peoples rely for spiritual and 
nutritional sustenance.  The Expert Meeting can establish indicators of Water well-
being for Indigenous Peoples, and the world community. This is particularly urgent in 
light of increasingly negative Water impacts due to Climate Change, corporate 
exploitation and governmental intrusions on Indigenous Territories, sacred areas and 
watersheds. 

23 . 	Participants recognized the work being done by Indigenous Peoples in this region and 
around the world to protect and defend water. This includes the Indigenous planning 
working group that met on Coast Salish traditional territory September 24-28, 2008 that 
established the Indigenous World Forum on Water and Peace  as a global alliance of 
Indigenous Peoples working on water issues, building upon Indigenous participation in 
the first and second World Water Forums in Kyoto (2003) and Mexico (2006); the 
Peoples Water Forum in New Delhi and World Social Forum in Mumbai (2004); 
Parliament for World Religions in Taiwan (2004); the World Peace Forum in 

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Vancouver (2006); as well as work on water issues at UNPFII6 and 7 (2007 & 2008). 
Participants call for support for this initiative including efforts to build the 
participation of Indigenous women, who in many cultures are the “Keepers of the 
Water.”  Participants also calls upon the UNPFII8 and all appropriate UN bodies 
and donor countries to support the planning and implementation of the Indigenous 
World Forum on Water and Peace being organized by the Indigenous World 
Forum on Water and Peace, with an invitation to all Indigenous Peoples to 
participate. 

24 . 	Participants affirmed the right to free, prior, and informed consent and other rights in 
the UN Declaration on the Rights of Indigenous Peoples must be upheld in fully 
addressing the human rights violations of Indigenous Peoples, Indigenous Nations, and 
local communities who continue to suffer from the terrible legacy of development 
uranium mining. Desecration of all levels of the environment and sacred sites like 
Mount Taylor, Red Butte, and the homelands of Havasupi, Puebloan and Diné/Navajo 
Nations in the southwestern United States by uranium extraction must be stopped. 
Numerous health studies have clearly documented Indigenous Peoples’ suffering from 
all forms of cancer, respiratory diseases, renal failure, diabetes, birth defects and heart 
disease as a result of uranium mining. Participants call upon the UN Permanent 
Forum to continue to prioritize these human rights violations until all Indigenous 
lands and territories including our water have been fully reclaimed. 

25 . 	Participants called for a moratorium stopping all new uranium projects on 
Indigenous lands in North America including the nuclear waste storage project at Yucca Mountain, Nevada.  Participants strongly supported the decisions of the Navajo, Havasupai, and Hualapai Nations to prohibit uranium mining on their lands and urge all other State and Indigenous Nation governments to take similar actions. We further 
urge the UNPFII8 to call for a halt to uranium mining, in particular on Indigenous Peoples’ lands, as a global initiative. 
26 . 	Participants calls upon the UNPFII8 to support Indigenous Nations and 
organizations that are making the issue of disproportionate detainment, 
sentencing, and incarceration of Indigenous Children and Youth under county, 
state and federal custody in North America a priority. This includes the collection of 
disaggregated data in conjunction with impacted Indigenous families, communities and 
Nations. This request is directly related to the compliance and enforcement of 
articles 7, 11, & 12 of the UN Declaration on the Rights of Indigenous Peoples. 

27 . 	Climate change is a global crisis confronting the world community, but its impacts and 
effects are disproportionately felt by Indigenous Peoples.  Indigenous Peoples must be 
sovereign and equal partners in assessing and addressing Climate Change, its impacts 
and solutions. Their rights as set forth in the UN Declaration on the Rights of 
Indigenous Peoples and other international law must be recognized, respected, protected 
and upheld.  Participants expressed concern that many strategies promoted for the 
mitigation and adaptation of climate change in North America and around the world are 
being implemented without respect for the cultural, social, environmental, economic and 
political rights of Indigenous Peoples.  Examples include large scale agro-fuel (bio-fuel) 

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production, carbon trading, carbon offsets, cap and trade, carbon “sinks”, “clean coal” technologies, nuclear development  other “market based approaches” which have contributed to further environmental degradation and the violation of Indigenous 
Peoples’ human rights in many regions. 

28 . 	Participants expressed concern regarding the contradictory policies of the U.S. and 
Canada in addressing climate change as they continue to expand fossil fuel 
development, such as coal, oil and gas. Participants stress the 4th Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), 2007, which concluded that 
human caused emissions of greenhouse gases rather than natural variations are warming Mother Earths’ surface. 
29 . 	The participants reiterated support for the following: 

·   Indigenous Territories must be protected from all new fossil fuel / mineral 
extraction development.  We recommend a moratorium on new fossil fuel 
development on or around Indigenous territories, watersheds and water sources. 
·   Participants affirm that current ‘clean coal’ technologies are not ‘clean’ and note 
	that local coal extraction practices result in ecological degradation, releases of air 
	particulates, mercury, arsenic, water source depletion and water contamination. 
	Participants recognize that coal is the largest contributor to the human-made 
	increase of carbon dioxide (CO2) in the air, and that processing of coal into 
	energy, either by coal-fired power plant combustion or liquid coal technologies, is 
	a major contributor to climate change. Participants make note that other 
	technologies such as carbon capture and storage (CCS) are not viable solutions as 
	serious questions remain about long term leakage, high costs and unproven 
	technologies. Participants agree, as a result, that coal mining expansions and coal 
	fired power plants on and near Indigenous Peoples’ lands and water sources 
	should not be incentivized by any government. 
30. 	Participants affirmed that all development projects, including those based on “green” 
energy development such as utility-scale wind, mega hydroelectric dams and large-scale geothermal power, must also ensure the FPIC of the impacted Indigenous Peoples and, in particular, the protection of sacred and ceremonial areas, culturally important plants, animals, birds, water ways and ecosystems. Participants call upon the UNPFII to include this consideration in all of their relevant recommendations. 

31 . 	Participants expressed continued concern with the information in a 2008 health study, 
publicized throughout Canada and commissioned by Nunee Health Board Society of 
Fort Chipewyan, which demonstrated that the governments of Alberta and Canada have 
been ignoring evidence of toxic contamination on downstream Indigenous communities. 
The research showed a recent upturn in rates of disease and cancer among communities 
downstream from the tar sands projects. People most at risk of health effects are those 
who eat food from the land and water.  The communities of Mikisew Cree First Nations 
and Athabasca Chipewyan First Nations as well as the Métis Nation in Fort Chipewyan 
still maintain a subsistence diet of fish and wild game that represents 80% of their food 
consumption.  Affected Indigenous communities have expressed concerns over the 

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contamination and loss of their waters, traditional food sources, violation of their Treaty rights, as well as the threat to their future survival, brought on by these tar sands 
developments.  Impacts on the traditional lands, heath and cultural rights of Indigenous 
Peoples who are on the receiving end of tar sands oil extraction, such as the Ponca 
Nation of Oklahoma USA and the Anishinabe Ojibwe of the Great Lakes USA and 
Canada region where the tar sands oil products are sent to be refined, are also of grave 
concern to the participants. 
32 . 	Participants called the attention of the UNPFII8 to the lack of adequate consultation and 
respect for FPIC with impacted Indigenous Nations and communities by the U.S. 
Department of State in its efforts to “fast-track” an environmental assessment process 
for U.S. Presidential permit approval of a mega pipeline infrastructure that includes the 
Keystone, the Keystone II and the Alberta Clipper pipelines projects, to transport tar 
sands crude oil to the U.S., crossing Indigenous territories in Montana, North Dakota, 
South Dakota, Nebraska, Kansas, Oklahoma, Texas, Minnesota and Wisconsin. 
Participants highlight concerns expressed by Indigenous Nations and community 
members about the potential for spills, explosions and ecological damage to wetlands, 
water ways and aquifers, and agricultural lands as well as infringement on Treaty rights. 

33 . 	Participants expressed their continued concern related to deforestation within traditional 
territories in North America as well as other regions, including the development of pulp 
mills which discharge dioxin, a bio-accumulative toxic by-product, and other toxic 
wastes, affecting the quality of the water and air, undermining the traditional food 
sources and subsistence, and impacting the health of the Peoples and all living things in 
these territories. 

34 . 	Participants were very concerned to learn that many Diné/Navajo families who were 
relocated under the provisions of US Federal Public Law 93-531, passed in 1974, which 
is still being carried out today, are still not able to return to their homelands.  Many of 
these relocatees were forcibly relocated without their FPIC, with no just and fair 
compensation, nor with the option to return. Many of the original generation of 
Diné/Navajo relocatees of PL 93-531 dwell outside the borders of the Navajo Nation 
and are seeking to return home to reside and to practice religion, culture, language and 
other traditional-based knowledge and ways.  This situation violates to the UN 
Declaration on the Rights of Indigenous Peoples, particularly articles 8, 9 and 10 and 
other articles pertaining to traditional knowledge and practices.    If return to original 
lands is not possible, international standards require that relocatees be provided with 
lands of equal size and quality. Participants request that the UNPFII request the US 
government to report on the status of this situation to the UNPFII at its next session. 
35 . 	Participants recommend the UNPFII8 support the recommendations of the 
International Indigenous Peoples Forum on Climate Change (IIPFCC) made to the 
UNFCCC during its last meeting at COP14 in Poznan, Poland. Participants urge 
UNPFII8 to recommend that the UNFCCC establish an expert group on Climate 
Change and Indigenous Peoples, pursuant to the IIPFCC recommendations, to be 
comprised of experts who are Indigenous Peoples delegated by Indigenous Peoples 

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whose mandate, terms of reference and modalities will be defined in an 
international seminar to be held before the COP15 in Copenhagen, Denmark. 

36 . 	Participants recognized the position of the International Indigenous Peoples Forum on 
Climate Change (IIPFCC), which is the Indigenous Caucus of the UNFCCC that 
reiterates that Indigenous Peoples have been, and continue to be, the primary guardians 
of forests. For generations, Indigenous Peoples have managed to utilize forests 
resources in a sustainable manner.  Indigenous Peoples have always regarded forests as 
not simply resources to be exploited but as the source of life and integral part of our 
lives and life ways.  Forests have not only provided shelter and food to Indigenous 
Peoples; they also form the basis of many cultures, and have various spiritual and 
cultural values for us that cannot be expressed in monetary values. We recognize that 
many Indigenous Peoples derive their distinct identities from their relationship with the 
forests in North America as well as in other regions. In addition, many of the forests 
being considered for utilization in REDD (Reduce Emissions from Deforestation and 
Desertification) and other carbon trading and offset mechanisms are located within our 
ancestral lands and territories. 

37 . 	Participants acknowledged the IIPFCC is in opposition to the commercialization 
and commodification of forests and recommends that Parties and other key actors involved in the UNFCCC and other international and national climate policy and mitigation initiatives be educated to understand the different, holistic world view of Indigenous Peoples and to understand the different values that forests have for 
Indigenous Peoples and for humankind.  Climate change mitigation and stainable 
forest management must be based on different mindsets with full respect for Nature, and not solely on market-based mechanisms. 
38 . 	Participants further affirmed that Indigenous Peoples’ land and resource rights 
must be recognized prior to the inclusion of our lands, territories and forests in 
REDD and carbon offset schemes.  There should be inclusion of existing common 
law which includes precedent cases and customary law, regardless of codification 
status, the principles of natural justice and international laws, treaties, 
declarations and protocols in the formulation of principles, policies, programs 
pertaining to REDD and forest carbon offset projects.  Articles 10, 31 and 32 of the 
UN Declaration on the Rights of Indigenous Peoples set the minimum standard for 
FPIC by Indigenous Peoples and these articles must be fully respected by 
UNFCCC as well as any REDD or any other carbon trading and carbon offset 
initiative that has an impact on the rights of Indigenous Peoples. 

39 . 	Participants further acknowledges the potential participation of Indigenous Peoples who 
decide, through a process of FPIC, to participate in REDD and carbon offset initiatives. 
Participants and the IIPFCC recognize that Indigenous Peoples are diverse 
communities with differing values and needs occupying different types of forests. 
The NA Caucus further affirms that Indigenous Peoples have the right and capacity to 
decide whether their lands should be considered for REDD or other carbon offset 
projects.  In these cases, Indigenous Peoples must be empowered, as part of 

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continuous FPIC processes, to decide whether and how they wish to participate within the REDD and other carbon offset frameworks, to ensure the full 
recognition of their rights in such participation, and to build further capacity for full and effective participation, and benefit sharing within the REDD and carbon offset frameworks as the most natural guardians of the forest lands. 

40. 	Participants recommended that the UNPFII8 call for a bio-cultural study of the 
status of plant and animal species that are held sacred by Indigenous Peoples’, to 
be carried out by relevant UN agencies, including UNESCO, UNEP, etc. with the 
full participation of Indigenous Peoples to address the preservation of these sacred 
species.  This study will begin with regional hearings for Indigenous Peoples to define 
these Sacred Species and the status of these species within their environment.  These 
Sacred Species are strong indicators of the health of the ecosystems and the planet, to 
consider the above study as a basis for an international treaty to protect the Sacred 
Species of Indigenous Cultures. We called upon the UNPFII8 to strongly recommend that states engage in meaningful and substantive Nation-to-Nation consultation 
and FPIC regarding animals and plants that are spiritually significant to 
Indigenous Peoples.  We also called upon the UNPFII8 to recognize the efforts of Indigenous Peoples in this regard, including the Buffalo Summit related to the 
slaughter of the Yellowstone buffalo herd. 

(b)  Indigenous women; 
41 . 	Participants noted their concern regarding the high incidence of stalking, domestic 
violence, dating violence, rape, murder, disappearance and trafficking of Indigenous 
women in the U.S. and Canada.  Participants express appreciation that this issue was 
taken up by the CERD Committee during the Periodic Review of the US in 2008 and the CEDAW’s Periodic Review of Canada in 2008, which noted with concern that 
Indigenous women are denied their right to access to justice with regard to violence 
perpetrated against them. 

42 . 	In North America, there is a strong need for comprehensive national action plans to stop 
all forms of violence against Indigenous women and girls, regardless of where they live. 
Such plans of action must include provisions to ensure collection and dissemination of 
information on the Indigenous identity of victims of crime, clear protocols and 
guidelines to ensure effective and appropriate responses by police and the justice system 
as a whole, and measures that would address the underlying systemic conditions that 
perpetuate this problem, including discrimination and low socio-economic status. 
Participants called upon the UNPFII to invite states to report on the 
implementation of these actions plans with the full participation of Indigenous Peoples, in particular Indigenous women. 

43 . 	Participants noted that the US government has created an unworkable federal system for 
addressing crimes against Indigenous women in American Indian and Alaska Native 
communities, and that US law has tied the hands of tribal governments to administer 
justice on their own lands. At the same time, the federal government is refusing to fulfill 

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its public safety responsibilities on tribal lands, creating an environment that allows 
perpetrators to commit violent crimes against Indigenous women with impunity. 
Participants called on the UNPFII8 to invite the US to make safety for Indigenous 
women a priority, reaffirm the inherent authority of Indigenous Nations to enforce 
tribal law over all persons on tribal lands and fully fund tribal justice systems. 

44 . 	Trafficking, among other forms of violence against Indigenous women and girls, is of 
particular concern for Indigenous women and girls who have migrated or been displaced from Mexico, Central and South America to urban areas in search of jobs, who fall 
victim to many human predators along the way. Trafficking is an issue that also affects North America Indigenous women.  Participants called on the UNPFII8 to urge the Rapporteur on the Rights of Indigenous Peoples to conduct a study and 
investigation regarding the status and implementation of remedies and redress for these grave human rights injustices. 
45 . 	Participants expressed their urgent concerns regarding impacts of proliferation of toxins 
in the global environment, including mercury and arsenic, which most severely affect 
Indigenous Peoples who depend on subsistence foods for their survival.  One area of 
severe impact is reproductive justice health of women in Indigenous communities, 
coupled with the devastating health effects of toxics on our infants, children and future 
generations.  Toxins regularly released into the water, lands and air threaten the vitality 
of the food supply for Indigenous communities (including mothers’ breast milk) and 
most severely affect the development of children still in their mother's wombs.  A range 
of cancers, birth defects, respiratory illnesses and developmental disabilities, nervous 
system disorders and impacts on long-term fertility and reproductive capacity of women are among the most severe and increasingly reported effects.  Participants urged 
UNPFII8 to request the Rapporteur on the Rights of Indigenous Peoples to conduct a study and investigation regarding the reproductive justice health issues 
impacting Indigenous women of North America. 

(c)  Second International Decade of the World’s Indigenous Peoples. 
46 . 	Participants welcomed the opportunity to submit comments to the Secretary 
General on the occasion of the mid-point of the 2nd International Decade of the 
World’s Indigenous Peoples, through this submission to the 8th session of the 
UNPFII. 
47 . 	Participants emphasized that the UN Declaration on the Rights of Indigenous Peoples is 
the minimum standard upholding a range of social and economic rights.  They reiterated 
that the rights affirmed in the UN Declaration on the Rights of Indigenous Peoples must 
now be applied as the operative framework and criteria for carrying out the Programme 
of Action for the 2nd International Decade of the World’s Indigenous Peoples, in 
particular its objective calling for FPIC by Indigenous Peoples. Participants stressed the 
vital importance of the Right of FPIC as expressed in article 19 pertaining to legislative 
and administrative decisions by States, article 32 pertaining to development activities as 
well as a number of other articles which underscore this right for Indigenous Peoples. 

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They also stressed the importance of the State obligations related to FPIC as contained 
in the UNDRIP as a framework for assessing the implementation of the 2nd Decade. 

48 . 	Participants called upon all states to enter into immediate participatory dialogues 
with Indigenous Peoples, Nations and organizations to initiate processes and 
develop strategies by mutual agreement for implementation of the UN General Assembly Plan of Action for the 2nd International Decade of the World’s 
Indigenous Peoples (adopted in January 2005). 

49 . 	Of particular importance to the NA Caucus, and to Indigenous Peoples from many 
regions, is the 2nd Decade Plan of Action’s objective of “promoting full and effective 
participation of indigenous peoples in decisions which directly or indirectly affect their lifestyles, traditional lands and territories, their cultural integrity as indigenous peoples with collective rights or any other aspect of their lives, considering the principle of free, prior and informed consent”. 

50. 	Participants take note that in October 2008 the UN General Assembly decided to call 
for a general evaluation of the degree and progress made in the implementation of the 
goal and objectives of the Second International Decade of the World’s Indigenous 
Peoples.  Participants look forward to contributing to this evaluation.  Through this 
report we also express our profound concerns that development activities affecting 
Indigenous Peoples’ lands, territories and resources which continue to be carried out 
without their FPIC are not sustainable, and continue to be the greatest impediment to the 
exercise of Indigenous Peoples’ human rights as well as the full realization of the Plan 
of Action for the Decade.  These activities lead to the destruction of Indigenous 
Peoples’ lands, territories and natural resources in North America and other regions, and 
cause ongoing violations of a range of human rights, including treaty rights. 
Participants encouraged and recommended the UNPFII members and Secretariat as well as the UN General Assembly to include these urgent concerns and the 
examples provided by Indigenous Peoples in this report in the development of their evaluation of the 2nd Decade. 

4.    Human Rights 

(a)  Implementation of the United Nations Declaration on the Rights of 
Indigenous Peoples; 
51 . 	Participants encourage, support and commit to initiate activities on all levels by 
Indigenous Peoples to ensure that states, all UN bodies and agencies, the private sector and the international community as a whole fulfill their obligations to fully implement the UN Declaration on the Rights of Indigenous Peoples.  This includes ensuring full and equal participation in creating effective, just mechanisms for redress, restitution, settlement and dispute resolution regarding lands, resources, Treaty rights, development activities, and judicial and legislative matters which may impact them. 

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52 .	The participants continued to condemn the decisions of the US and Canada to vote
against the adoption of the UN Declaration on the Rights of Indigenous Peoples at the 
UN General Assembly, their subsequent false claims that the UN Declaration on the 
Rights of Indigenous Peoples does not apply in Canada or the US, and their attempts to 
exclude recognition of the Declaration and the Rights it upholds in a range of 
international processes and fora.  The participants call upon the UNPFII8 to 
recommend that these States, along with New Zealand and Australia, join the rest 
of the international community and support the UN Declaration on the Rights of 
Indigenous Peoples. 
53 . 	Participants called upon the US, Canada and other states to implement and honor 
their commitments to the world community and Indigenous Peoples by upholding the rights affirmed in International Conventions, Covenants, Treaties and 
Declarations. This includes the implementation of the UN Declaration on the 
Rights of Indigenous Peoples, including the Rights to Self-determination, FPIC, Treaties and Lands, Territories and Natural Resources. 
54 . 	Participants in the North American Region specifically called upon Canada and 
the US to immediately and publically endorse the UN Declaration on the Rights of Indigenous Peoples, and begin work with Indigenous Peoples to establish timelines and adequate resources to ensure the full implementation of the norms and 
standards contained therein. 
55 . 	Participants called upon Canada and the US to apply the provisions of the UN 
Declaration on the Rights of Indigenous Peoples as the minimum norms and 
standards to guide the application of all laws and policies affecting its relations 
with Indigenous Peoples in Canada and the US and in other territories.  All levels 
of government must be called upon to work with Indigenous Peoples to establish 
clear, binding requirements for consultation and accommodation that fully respect 
the rights of Indigenous Peoples under international and national law and to bring 
all other laws, policies and procedures into line with these requirements. 
56 . 	Participants expressed concerns about the Canadian Conservative government’s plans to 
review current environmental assessment legislation and make dramatic cuts to the 
number of projects that require federal environmental assessments (which would result 
in a more than 95 per cent drop from the federal environmental assessments that 
currently take place each year).    The participants therefore call on UNPFII8 to urge 
the Government of Canada to ensure that the highest environmental standards are 
maintained in the review of the legislation.  Further, the government must ensure 
that responsibilities for environmental assessment and protection are not 
downloaded to Indigenous Peoples who do not have the fiscal or human capacity to 
deal with such responsibilities, without their FPIC and adequate resourcing and 
capacity. 
57 . 	Participants affirmed that strengthening tribal sovereignty means breaking the cycle of 
asking Indigenous Peoples to choose between economic development or preservation of 
traditional cultures and lands. Native Nations and reservation communities in the US 

13 

have borne the brunt of destructive energy development that has reaped massive profits for some, yet Native communities remain the poorest in the US and world-wide, with 
high unemployment rates and inadequate housing. Currently, the US, followed by other State governments, is investing in “green jobs” solutions to combat the worldwide 
economic down turn and to address the causes of global warming and toxic 
contamination of the environment.  Participants urged that State and National 
government Green Jobs policies must include and support the full participation of Indigenous Peoples, including funding provided to Indigenous communities for 
development of “Green business” plans, as well as for management training and 
other training programs for Indigenous Peoples. 

58 . 	In particular, participants called upon Canada and the US to recognize the right to 
self-determination as the foundation of its relationship with Indigenous Peoples 
and to work collaboratively with Indigenous Peoples to ensure the FPIC and full 
and meaningful participation of Indigenous Peoples in all decision-making related 
to Indigenous Peoples and their rights, in the design and delivery of all programs 
and services to Indigenous Peoples, and with regards to natural resource 
development and trade.  For example, we call upon these States to immediately 
take steps to reform mining legislation and policies that provide un-fettered access 
to traditional territories of Indigenous Peoples for mineral exploration without 
their FPIC. 
59 . 	Participants further urged Canada and the US to apply the provisions of the UN 
Declaration on the Rights of Indigenous Peoples as minimum norms and standards to be protected and fulfilled through the interpretation, negotiation and 
implementation of Treaty and Aboriginal Rights of Indigenous Peoples. 

60. 	Participants also encouraged and urged Indigenous Peoples around the world to 
adopt, implement and put into practice the UN Declaration on the Rights of 
Indigenous Peoples and the rights it affirms in their tribes, communities and 
Nations and to use and assert the UN Declaration on the Rights of Indigenous Peoples and its provisions in their legal arguments, court cases, dialogues with local, state and federal government agencies, and to support their struggles for rights and justice at all levels. 
61 . 	Participants support and express appreciation for the following Nations, organizations, 
Local, provincial, territorial and State and National governments, International and UN bodies which have endorsed, utilized or adopted the UN Declaration on the Rights of Indigenous Peoples: 

·   Salt River Pima Maricopa Indian Community 
·   Akimel O’otham of the Gila River Indian Community ·   Arizona State House of Representatives 
·   City of Phoenix 
·   International Union for the Conservation of Nature (IUCN) 

14 

·   Republic Bolivia 
·   Supreme Court of Belize 
·   Yukon and Northwest Territory Provincial Governments (Canada) ·   Supreme Court of the Navajo Nation 
·   Yaqui Traditional Authorities of Sonora Mexico 
·   The UN Committee on the Elimination of All Form of Racial Discrimination 
	(CERD) 
·   The OHCHR to the 10th session of the UN Human Rights Council, in its report on 
	“Human Rights and Climate Change” 
·   And a range of Indigenous Peoples’ Organizations including National Congress of 
	American Indians, Assembly of First Nations, International Indian Treaty 
	Council, the Native Women’s Association of Canada and the Seventh Generation 
	Fund 

62 . 	Participants expressed appreciation to the UN High Commissioner on Human Rights for 
the commitment expressed in her 1st report to the UN HRC in March 2009: “We have 
also taken a leading role in the promotion of the United Nations Declaration on the 
Rights of Indigenous Peoples, adopted in September 2007.”  The participants also offers 
the expertise of its members of the NA region in assisting her in carrying out her 
mandate. 
63 . 	Participants called upon the UNPFII8 to request that UN Agencies designate a 
portion of their budget to ensure monitoring and implementation of the UN 
Declaration on the Rights of Indigenous Peoples within their programmes. 

64 . 	Participants affirmed that the basis for all processes and decisions in which Treaties 
and Treaty Rights are involved or affected must be article 37 of the UN Declaration on the Rights of Indigenous Peoples, affirming Indigenous Peoples’ unequivocal rights to the recognition, observance and enforcement of Treaties, Agreements and Other 
Constructive Arrangements. 
65 . 	The North American region promoted and encouraged the use of the UN 
Declaration on the Rights of Indigenous Peoples as a framework and guideline for the development and implementation of fair and independent bi-lateral 
mechanisms for redress, restitution, Treaty violations and conflict resolution 
between states and Indigenous Peoples based on the provisions in articles 27, 28, 
and 40 among others. 
66 . 	Participants called upon the office of the UN High Commissioner on Human 
Rights to implement a protocol and procedure to ensure the inclusion of Treaties 
signed between Indigenous Peoples and states in the UN’s Registry of International 
Treaties, and will initiate a dialogue as soon as possible with the OHCHR to begin 
this process. 

15 

67 .	Participants endorsed and supported the call for a World Conference on
Indigenous Treaties and the implementation of article 37 of the UN Declaration on the Rights of Indigenous Peoples. 

68 . 	Participants called upon the UNPFII to fully support the efforts of Indigenous 
Peoples, organizations and communities to provide and receive training and 
capacity building regarding their human rights and the implementation of the UN Declaration on the Rights of Indigenous Peoples, as well as international 
mechanisms such as the UN CERD, the UN Expert Mechanism, UN Rapporteurs and the OAS Interamerican Human Rights System for defending and upholding their rights and holding states accountable for violations. 

69 . 	Participants called for the implementation of the legally binding recommendations 
of the UN CERD regarding Canada in 2007 and the US in 2008, which call upon 
these states to monitor human rights violations committed against Indigenous 
Peoples both in and outside of these countries by corporations they have licensed, 
including mining companies, and to adopt the UN Declaration on the Rights of 
Indigenous Peoples.  In particular, we appreciated and endorsed the 
recommendation by the CERD regarding the US, calling upon them to use the UN 
Declaration on the Rights of Indigenous Peoples as a guideline for their 
implementation of the International Convention on the Elimination of All Forms of 
Racial Discrimination regarding the rights of Indigenous Peoples, notwithstanding 
their vote at the UN General Assembly against its adoption. 

70. 	Participants urged the government of Canada, the United States and other States 
to provide Indigenous Peoples with “access to and prompt decisions through just 
and fair procedures for 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” in accordance with article 40 of the UN Declaration on the Rights of Indigenous Peoples.  In particular the NA region expresses outrage and condemns 
the recent decision by the Supreme Court of Canada in Ermineskin Indian Band and 
Nation v. Canada, 2009 SCC 9 where the Court found that although the Crown had a 
fiduciary relationship with respect to the Bands’ royalties, this fiduciary duty did not 
include a duty to invest the oil and gas royalties.  The Court applied a very narrow 
interpretation of the 1876 Treaty No. 6. 
71 . 	Participants also requested that the UNPFII8, in its final recommendations, call 
upon the parties of international environmental Conventions, in particular the 
Rotterdam Convention, the Convention on Biological-Diversity, the Stockholm 
Convention on POPs and the UNFCCC to review and as needed to revise, their 

16 

provisions to conform to current human rights law and the provisions of the UN Declaration on the Rights of Indigenous Peoples, in particular, the right to FPIC contained in article 29. 

72 . 	The Participants reiterate our previous call for the UNPFII8 to recommend that 
the UN Framework Convention on Climate Change (UNFCCC) establish formal 
structures for full, direct and active participation of Indigenous Peoples within the 
official discussions and decision-making processes of the UNFCCC meetings, and 
implement a rights based approach in all of its deliberations and proceedings, 
consistent with the UN Declaration on the Rights of Indigenous Peoples. 

73 . 	Participants called upon the UNPFII8 to request that these Convention-based 
procedures addressing Environmental issues provide updates to the UNPFII 9th 
session regarding their implementation of the UN Declaration on the Rights of 
Indigenous Peoples in their work and programmes, as well as steps taken to 
include the full and effective participation of Indigenous Peoples in activities. 

74 . 	Participants requested the scheduling of a plenary discussion at the UNPFII8 on 
article 42 and the role of all agencies in the UN including the UNPFII on the 
implementation of the UN Declaration on the Rights of Indigenous Peoples. 

75 . 	Participants acknowledged that since the World Conference against Racism in Durban 
where Indigenous Peoples were not recognized as Peoples in the Outcome Document, advances have been made, including the adoption of the UN Declaration on the Rights of Indigenous Peoples.  The participants recommends that the UNPFII8 support the recognition of Indigenous Peoples as Peoples in the DRC Outcome Document, 
consistent with international law, including the UN Declaration on the Rights of Indigenous Peoples.  Without this acknowledgment, racism, xenophobia and related forms of intolerance and discrimination will continue. 

(b)  Dialogue with the Special Rapporteur on the situation of human rights and 
fundamental freedoms of indigenous peoples and other special rapporteurs. 

76 . 	The participants recognized with great appreciation the work of James Anaya, the 
Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, in the first year of his term. 
77 . 	The Participants recognized that the current procedures, policies and laws for the 
militarization and enforcement of border control by the United States, Canada and 
Mexico violate the rights of Indigenous Peoples, including cultural rights, language 
rights, land and Treaty rights, sovereignty, and, in some situations, the right to life of 
Indigenous Peoples and Nations divided by international borders as well as those who 
have been forced to cross international borders to escape economic, political or military 
oppression.  Participants called upon the United Nations Special Rapporteur on the 

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situation of the human rights and the fundamental rights of indigenous peoples to conduct a study on the human rights impact of international borders on 
Indigenous Peoples, in particular those Indigenous Peoples whose lands and 
traditional territories are divided by international borders and to study the effect of regional free trade agreements for causation of migration and displacement of Indigenous Peoples.  Participants urgently request the UNPFII to include this recommendation in their final report of this session. 

5.  Half-day discussion on the Arctic. 

78 . 	Participants agreed that climate change is violating Indigenous Peoples’ rights to self 
determination, peace and security, right to development, right to food, Treaty rights, 
cultural integrity, local economies, social systems, right to health, traditional knowledge and practices and a range of other fundamental human rights, including many that are affirmed in the UN Declaration on the Rights of Indigenous Peoples. 
79 . 	Participants also expressed concern about the extreme and devastating impacts on 
Indigenous Peoples in the Arctic, who are facing serious threats to their traditional foods 
and subsistence practices which are vital to their health, local economies and cultural 
practices. Participants expressed grave concern that growing numbers of Arctic 
communities in Alaska as facing relocation as rising sea levels and coastal erosion 
caused by climate change encroach upon their homelands and villages.  These severe 
impacts of climate change are compounded by massive fossil fuel exploration, and 
development. 

80. 	The participants called upon the UNPFII8 to request all appropriate UN Special 
Rapporteurs to prioritize these cases regarding the impact on Indigenous cultures, including burial sites, food sovereignty, housing and cultural practices resulting from imposed development on Indigenous Peoples’ lands.  The Special Rapporteur should garner testimony through official visits on these matters. 
81 . 	Participants agreed that attempts by State Governments and corporations, and UN 
bodies, including the UNFCCC, to respond to these critical issues have been woefully 
inadequate, often creating more problems than they solve.  International cooperation and 
solidarity, taking into account the rights, perspectives and traditional understandings of 
Indigenous Peoples as affirmed in the UN Declaration on the Rights of Indigenous 
Peoples, as well as their full participation in ongoing international dialogues and 
policy developments are essential to addressing the diverse challenges of the worsening climate crisis for Arctic and other Indigenous Peoples. 

82 . 	Analysis of U.S. Custom Service records for 2001-2003 indicates that nearly 1.7 billion 
pounds of pesticide products were exported from U.S. ports, a rate >32 tons/hour. 
Exports included >27 million pounds of pesticides whose use is forbidden in the United States. WHO Class 1a and 1b pesticides were exported at an average rate of >16 

18 

tons/day.  This blatant example of environmental racism has a particularly devastating 
effect on a range of human rights of impacted communities, in particular women, 
children and the unborn, both in countries where these toxics are sent and used and in 
Arctic and Northern ecosystems where these contaminants travel and concentrate. 
Participants urged the UNPFII8 request current information from the US to assess whether this practice has continued or increased since 2003, and what human 
rights are being violated by this practice. 
83 . 	In addition, participants supported the opposition of Indigenous Peoples to any 
offshore oil development within the Outer Continental Shelf areas in Alaska. 
Eighty-three (83) Million Acres of the Outer Continental Shelf (OCS) of Alaska is at threat under the current Federal OCS plan, including proposed oil development of the Beaufort and Chukchi Seas, North Aleutian Basin (Bristol Bay), and Cook Inlet; Alaska’s Indigenous Peoples also are threatened with the new OCS five year plan (2010-2015) which advances development in more Alaska OCS areas. This 
proposed development poses serious threat to Indigenous Peoples’ subsistence, food 
security and traditional ways of life in Alaska. 

6.  Comprehensive dialogue with six United Nations agencies and funds. 

84 . 	Participants requested that the UNPFII7 recommend to all relevant UN human 
rights, environment and development bodies, agencies and processes that they 
address the relationships between Environmental Toxins and Reproductive Health, Rights and Justice for Indigenous Peoples, with particular focus on the health of Indigenous women and children, as a matter of urgent priority. 

85 . 	Participants are very concerned to learn that in the 5 year period between 2002-2006 
the tuberculosis (TB) rate among First Nations was 29 time higher than for others born in Canada.  For the Inuit it was 90 times higher.  This is due, in part, to preventable problems such as poverty and overcrowded housing. 

86 . 	Given the very serious state of the TB epidemic among Indigenous Peoples worldwide, 
the NA Caucus calls on UNPFII8 to urge the World Heath Organization (WHO) and the “Global Stop TB Partnership” to ensure the full inclusion and participation 
of Indigenous Peoples in their campaigns to eradicate TB in Indigenous communities, and to present the steps they are taking in this regard. 

87 . 	In addition, the participants requested the UNPII to support the “Strategic 
Framework” to control TB in Indigenous Communities. 
88 . 	Participants strongly affirmed that Canada's decision at the 29th Session of the 
Subsidiary Body for Scientific and Technical Advice (SBSTA) of the UNFCCC in 
Poznan, Poland to exclude all references to Indigenous Peoples was completely 
unacceptable and should not be accepted as a norm by the SBSTA and other subsidiary 

19 

bodies of the UNFCCC. The position is inconsistent with the international standards set out in the UN Declaration on the Rights of Indigenous Peoples and the obligations upon US agencies states in article 42, which has been overwhelmingly adopted by the UN General Assembly.  We urged the UNPFII8 to call upon the UNFCCC, its’ SBSTA and other subsidiary bodies to reinsert the text that was removed as a result of Canada's request so as to ensure that the SBSTA process is in compliance with existing international human rights standards in this regard. 
89 . 	Participants called upon UNPFII to endorse and to urge the UNFCC to fund and 
support an Indigenous Forest climate Working Group as a broad and diverse 
coalition of Indigenous forest peoples to develop consensus recommendations for 
US and Canadian forest components of federal or binational forest climate change 
policy and legislation. Participants also urge the strengthening of collaborative 
efforts among Forest Peoples of North America and other regions, as well as with 
the UN Forum on Forests, the Convention on Biological Diversity, the 
International Indigenous Peoples Forum on Climate Change, and other 
appropriate UN bodies, Indigenous Peoples organizations, coalitions and 
collaborative efforts. 

90. 	Without prejudice to Indigenous Peoples, participants call upon UNPFII8 to urge 
the Canadian and US to Indigenous Peoples in consultation and carbon title protocol frameworks around sequestration and carbon capture development projects and their respective trading regimes as they affect indigenous people’s lands and attestation of title. 

91 . 	Participants called for the development of an Indigenous-based road map to the 
15th Conference of the Parties (COP15) of the UNFCCC in Copenhagen, Denmark, that would call for the most stringent and binding emission targets, including 
support for states to adopt a post-Kyoto Protocol binding emissions reduction 
target agreement. The participants also support a binding emissions target for 
developed countries (Annex 1 countries), most especially the U.S. and Canada of a 
reduction by 2020 of more than 40% below 1990 levels, in support of the position of the Small Island Developing States, Least Developed Countries and Bolivia at the COP14 in Poznan, Poland that all called on Annex I countries to take on emission reductions 
significantly deeper than those set out in the IPCC Report. 

92 . 	Participants requested the UNPFII to call for the implementation of effective, well-
funded adaptation safety nets at the national and international levels for 
Indigenous Peoples in developed and developing countries who are most vulnerable to climate change and who currently are experiencing climate related impacts. 

93 . 	Participants expressed grave concern about the continued proliferation of mercuric 
chloride and methylmercury in the environment and food chain in North America and 
around the world, endangering the human and environmental health of    Indigenous 
Peoples and the ecosystems that sustain our families. Mercury is a persistent, bio-
accumulative, trans-boundary pollutant that contaminates air, soil, water and fish, and a 
potential carcinogen that can permanently damage the brain, kidneys, lungs, and 

20 

nervous system.  Participants note with alarm that among the most devastating effects of exposure are neurological impacts on the developing fetus, infants and young children. We note growing worries that, as climate change melts the Arctic, mercury trapped in the ice and sediments is being re-released back into the oceans and into the food chain, further multiplying the impacts. 

94 . 	Participants affirmed that within many areas of North America where Indigenous 
Peoples reside, there are fish advisories relating to fish consumption warnings for those 
at risk including our pregnant mothers and babies asking them not to consume fish that 
have high levels of mercury contamination.  This violates a range of human rights 
including the right to food, the FPIC, and the right to health, and further violates articles 20, 21, 22, 23, 24, 26 and 29, among others, of the UN Declaration on the Rights of 
Indigenous Peoples. 

95 . 	Participants recognized the local impacts of mercury pollution caused by coal-fired 
power plants and mineral extraction are part of a global problem requiring a coordinated international response through a legally binding treaty on mercury.  A global treaty will ensure the required substantial global coordination to phase out the use of mercury and reduce mercury emissions.  Participants applauded the new leadership of the United 
States that recently endorsed negotiations for a new global treaty to control mercury 
pollution to begin this year, joining 120 other countries that have expressed support for a legally binding agreement on mercury. 
96 . 	The participants called for the UNPFII, through ECOSOC, to meet with the 
United Nations Environmental Programme (UNEP) as coordinator for the work on 
this treaty, to establish a process for Indigenous Peoples Organizations and 
impacted communities working on mercury contamination to have a formal 
process for full and effective participation of Indigenous Peoples within the UNEP, 
its Intergovernmental Negotiating Committee, and to have a funding mechanism 
for Indigenous representation to participate in the 2010 UNEP Global Ministerial 
Environment Forum and all UN meetings related to a global legally binding treaty 
on mercury. The participants further requests for the UNPFII8 to support the 
request for Regional Workshops on Mercury and Indigenous Peoples commencing 
with the convening of a Global Workshop on Indigenous Peoples and Mercury. 

97 . 	Participants respectfully requested that members of the UNPFII, in particular the 
Indigenous expert from North America, ask the representatives of the UN 
Development Programme (UNDP) and UN Food and Agriculture Organization 
(UN FAO) and the UN Environment Programme (UNEP), the agency coordinators of the UN REDD program, to explain the steps they have taken to implement 
article 42 of the UNDRIP in the development and implementation of this program. We request they focus specifically, in their response on implementation of article 26 relating to rights to lands and natural resources and full recognition of 
Indigenous Peoples’ legal title to traditionally-owned and used land and resources, as well as article 32 pertaining to FPIC regarding development projects affecting traditional lands, waters and natural resources. 

21 

7.  Future work of the Permanent Forum, including issues of the Economic 
and Social Council and emerging issues. 

98 . 	Participants re-affirmed that the PFII is a UN body that we have worked hard to 
establish and that we will continue to engage with it to ensure its effectiveness in 
advancing our rights and concerns as Indigenous Peoples. The following 
recommendations regarding its structure and process are offered in that light. 
99 . 	The UNPFII 7th Session was reviewed and participants discussed ways to improve the 
process in future sessions.  The participants recommended that the PFII8 report 
include a narrative section which would provide an opportunity to summarize the 
input from Indigenous Peoples and other participants, to be included in the final 
report in addition to the recommendations of the members.    Participants 
recommend that an ad-hoc committee be formed by the Global Caucus that could 
assist the UNPFII Rapporteur as the PFII is developed to help summarize this 
input. 
100 . 	Participants once again strongly recommended and affirmed that delegations 
representing Indigenous tribal, First Nations and traditional governments be 
recognized in their capacity as Nations and government and be provided with UN 
credentials that reflect their status for participation in the UNPFII and other UN 
bodies. 
101 .	Participants called for flexibility of the agenda in the annual sessions to be able to
address emerging, urgent and critical issues.
102 . 	Participants expressed appreciation for the dedicated work of the UNPFII Secretariat 
and urged the UNPFII and DESA to give priority and provide opportunities for hiring greater numbers of Indigenous Peoples as staff of the Secretariat. 

103 . 	Participants urged that the budget for the UNPFII be increased, and request 
specifically that funding be provided for all UNPFII members  to travel and attend meetings throughout the year, giving priority to meetings organized by Indigenous Peoples which directly address the agenda and priorities of  the UNPFII. 

104 . 	Participants requested  that prior to  each session of the UNPFII, brief  reports be 
made available and posted by the Secretariat of the UNPFII about which UNPFII members have traveled and attended meetings, conferences and UN sessions in their capacity as UNPFII members  including interventions made, reports written and any resulting outcomes. 

105 .   Participants respectfully recommended that members of the UNPFII fulfill their 
	role as Expert members with full transparency and pay special attention to 
	potential conflicts of interests regarding items and issues being discussed or 
	addressed by the UNPFII. 

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106 .   Participants supported the UNPFII’s efforts to address corporate social responsibility 
	including the role of socially responsible investments as an emerging issue to be 
	addressed at the UNPFII.  This includes providing guidance to the socially responsible 
	investment sector in developing and implementing policies on the DRIP, including 
	FPIC, as well as the economic marginalization of Indigenous Peoples in “developed” 
	countries such as the US and Canada. 

III.  OTHER ISSUES OF CONCERN TO THE NORTH AMERICA REGION: 

(a)  The OAS Proposed “American Declaration on the Rights of Indigenous Peoples” 
107 .   Participants reaffirmed that the OAS draft American Declaration on the Rights of 
Indigenous Peoples must not fall below the rights affirmed and recognized in the UN Declaration on the Rights of Indigenous Peoples and that any lower standards are not acceptable since the UN Declaration on the Rights of Indigenous Peoples is an 
internationally affirmed and adopted minimum standard.  This will continue to be the position of the participating members of the Indigenous Caucus of the North American region in upcoming negotiation sessions. 

(b)  The Human Rights Council Universal Periodic Review of Canada Process 

108 . 	Participants recommended that the UNPFII8 urge Canada to engage with 
Indigenous Peoples and civil society to ensure that Canada's ongoing engagement with the UPR demonstrates a commitment to an inclusive, transparent and 
accountable process. 

Key initiatives should include: 
109 . 	Prior to the June 2009 Human Rights Council session: 

·   Convene a meeting of federal, provincial and territorial ministers 
responsible for human rights, to review the UPR recommendations and adopt a shared implementation plan 
·   Task bodies such as the Continuing Committee and the federal Deputy 
	Ministers Committee to work closely with Indigenous Peoples and 
	representative organizations and civil society groups, to support and 
	facilitate the ministerial meeting and decision-making process 
 ·   Ensure that parliamentary and legislative committees actively review 
	the UPR recommendations in sessions that are open to the public. 
·   Work with Indigenous Peoples and representatives organizations and 
	civil society to launch an accessible and timely process of dialogue and 
	consultation about the UPR recommendations 

23 

·   Seek the input and advice of human rights commissions across the 
	country. 

110.   Following the June 2009 Human Rights Council session: 

·   Work with Indigenous Peoples and representative organizations to 
	ensure that the implementation of the recommendations is carried 
	through in partnership with Indigenous Peoples and representatives 
	organizations. 

IV.  MEETING CLOSING AND ACKNOWLEDGEMENTS 

111 .   Participants warmly thanked the hosts, in particular the staff and political 
representatives of the Navajo Nation Human Rights Council, for their warm hospitality and their work, along with outgoing regional co-coordinators Grand Chief Ed John and Andrea Carmen who worked with the Navajo Nation in organizing the meeting. 

112 .   Closing Prayer offered by Louise Benally. 

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V.  PARTICIPANTS IN THE MEETING 

REPRESENTATION	NAME
Navajo Nation Vice Chairman	Ben Shelly
Onondaga Nation - Haudenosaunee	Chief Oren Lyons
Tonawanda Seneca Nation - Haudenosaunee	Chief Darwin Hill
Alexis Nakota Sioux Nation	Chief Cameron Alexis
Tuscarora Nation - Haudenosaunee	Chief Stuart Patterson
Maskwacis Cree Nations	Chief Wayne Moonias
First Nations Summit	Chief Dan Smith
Seneca Nation of Indians	Leslie Logan
Four Host First Nations	Lea Mackenzie
California Valley Miwok Tribe	Silvia Burley

UNPFII member
American Indian Law Alliance
Barbareno Chumash Council
ASU Indian Legal Program
International Indian Treaty Council
Diné Agriculture Project
Seventh Generation Fund
Diné Agriculture Project
Navajo DSDA
Seventh Generation Fund
Seventh Generation Fund
Seventh Generation Fund
Flying Eagle Woman Fund
First Nations Summit
Seventh Generation Fund
International Indian Treaty Council
Navajo Nation Corrections Project
Indigenous World Association
Assembly of First Nations Women Council Ahtahkakoop Cree Nation
Indigenous Peoples Council on Biocolonialism Kawacatoose Cree Nation
Saddle Lake Cree Nation
Indigenous Environmental Network
Pomka Pa Tha Tah
Indigenous Environmental Network
National Indian Youth Council
Indigenous Environmental Network
Tonatierra
Native Women’s Association of Canada Native Women’s Association of Canada Black Mesa Water Coalition
Tribal Campus Climate Challenge
Native Women’s Association of Canada To' Nizhoni Ani
Diné Hataalii' Association
Black Mesa Water Coalition
To' Nizhoni Ani
Black Mesa Water Coalition

Tonya Gonnella Frichner
Donna House
Marcus Lopez
Arista LaRusso
Andrea Carmen
Gilbert Yazzie
Rasmus Norberg
Ernest Beleem
Leonard Gilmore
Tia Oros Peters
Chris Peters
Arthur Manuel
Stephanie Autumn Howard Grant
Rosalie Little Thunder Leonard Foster
Endora A. Watchman Petuuche Gilbert
Constance Big-Eagle Tamara Starblanket Debra Harry
Emerald Strongarm Eric J. Large
Clayton Thomas-Muller Casey Camp-Horinek Jihan Gearon
Cecelia Belone
Manuel Pino
Shannon Rivers
Beverley Jacobs
Cheryl Maloney
Nikke Alex
Chelsea Chee
Celeste Mckay
Nicole Horseherder Anthony Lee
Kelvin Long
Marshall Johnson Louise Benally 

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Black Mesa Water Coalition	Marie Gladue
Black Mesa Water Coalition	Enei Begay
Doodah Desert Rock	Elouise Brown
Mohawk Nation at Kahnawake	Kenneth Deer
Confederacy of Treaty 6 First Nations	Ron Lameman
Mississippi Band of Choctaw Indians	Henderson Williams
Navajo Nation Council	Rex Lee Jim
Navajo Nation Human Rights Commission	Leonard Gorman
Navajo Nation Human Rights Commission	Rodney Tahe
Navajo Nation Human Rights Commission	Steve Darden
Navajo Nation Human Rights Commission	Clarence Chee
Navajo Nation	Yolanda Charlie
1SkyNM	Anna Rondon
Native Women’s Advocacy Center	Peggy Bird
Native Movement	Evon Peters
Sharon Venne 

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