Madame Chair, congratulations on your election as Présidente.   Distinguished Members of the Sub-Commission and all distinguished participants:  I give you greetings in Yupiaq – Camai and in the Eyak language - Ishu!
Many of you are already aware that the United States gives little attention to human rights.  We know this by their track record, they do not allow human rights cases to be properly heard or investigated.  They make so many reservations if they sign or ratify a Convention; then they will not sign or implement optional protocols to provide a mechanism for implementation..  We are therefore left with no functional human rights mechanisms for remedy; the discrimination in the human rights arena continues; redress is almost impossible.  Impunity for human rights! That seems to be the unspoken logo for the Indigenous Peoples of Alaska and other colonized Territories.
I encourage the Sub-Commission to study judicial decisions affecting every aspect of the human rights of Indigenous Peoples, including those recognized by the United Nations Charter.  This would be an important step in taking steps to create measures for redress.
The United States government chooses who or what entity they will recognize, and who they will not.  Madame Chair, The Traditional Indigenous Governments, the Elders and Chiefs were recognized by President Monroe in 1822 in order to refute Tsarist Russian title and dominion.  Unfortunately, legal and political expediency manipulated by the United States of America in all branches of government deny the international recognition at all hierarchical levels of the U.S. courts.  This discrimination.
Indigenous Peoples who have historical recognition as sovereigns, must maintain sovereign equality in the administration of justice relating to the Territories that concern their removal in order that the right of self-determination to be properly exercised.  Indigenous Peoples deserve sovereign equality in the application of the Bill of Rights, the Covenants on Human Rights and sovereign equality with respect to the territorial integrity of their lands and resources.  The current Intercessional Working Group for the Elaboration of the Draft Declaration on the Rights of Indigenous Peoples disregards the sovereign equality of the Indigenous Peoples of Hawaii and Alaska.  Our situation requires that since we are recognized in the Charter of the United Nations as Peoples under article 1,2, 55, and 73 to mention a few, we demand the recognition and respect and also the recognition at the Commission on Human Rights to the same diplomatic powers as colonial Peoples of the United Nations.  The lack of recognition and the discrimination due to lack of equal participation merits immediate attention. Diplomatic powers are necessary for proper hearings or dialogue in the plenary at all levels of the United Nations.
In this respect colonized Indigenous Peoples should have the right to be notified when the Governments discuss any topic related to the situation of the colonized and occupied Traditional Governments in the Territory of Alaska.  Our right of reply needs to be recognized.
The state of Alaska is attempting to quiet title to the submerged lands in Alaska, as eloquently illustrated by the distinguished representative from Kuiu, Mr. Rudy James.  Relating to the quiet title Court Action 128 by the United States Supreme Court, we have no confidence that the United States Supreme Court or that the United States Government can properly render justice to the Traditional Indigenous Governments.  In order to have a fair hearing, we need an international tribunal with international monitors and observers.  On the issue of our recognized absolute title as sovereign peoples, we deserve the recognition and respect by the United States and other Governments of the World.  Although, the United States has claimed that it satisfied the requirements for removal from the list of Non-Self-Governing-Territories, the United Nations Charter and international law was violated.  The General Assembly passed resolution 1469 without proper examination by the Committee on Information.  The procedure, principles and factors relating to removal from the list of article 73 were not followed.
As an affected indispensable party to the action of the General Assembly and of the United States as an administering Power to the Territory of Alaska, I object to the lack of process and procedure relating to our removal from the list.  Due to this action, I am forced to lodge a diplomatic protest as Ambassador and diplomatic agent on behalf of the Traditional Indigenous Governments of Alaska.  I most directly represent the Elders Council of Tununak, the Kasgit Council of Elders and Chief Marie Smith-Jones – Chief of the Eyak Nation.  I fully assert absolute title to the land held by the Traditional Indigenous Peoples of Alaska in order to exercise protection of our international legal status, our international personality and our right to self-determination.
In 1959, the General Assembly passed Resolution 1467 (XIV) with the sole purpose of developing principles in determining whether or not the administering Power had satisfied the requirements for removal from the list.  Among them take note of the following:
Principle 5 Additional elements, inter alia, administrative, political, juridical, economic, or historical may be considered; if they operate to subordinate the territory to the metropolitan State, then the obligation subsists.
Principle 8 Integration should be on the basis of complete equality between the peoples.
Principle 9 Integration should be the result of the freely expressed wishes of the people in a universal adult suffrage of a people that have attained a sufficient degree of development to be capable of a responsible choice.
The United States has not acquired absolute title or dominion to Alaska; therefore it is attempting to quiet title through the Supreme Court of its Government.  We protest this action.
I ask the sub-commission for a resolution to examine the situation in Alaska, so the Indigenous Peoples will be fully informed to our status, and pressure may be brought to bear upon the colonial state of Alaska and the United States.  The Western Shoshone Peoples is an example of how the United States Supreme Court can manipulate facts in litigation to drive a one-sided legal battle.  The Indigenous Peoples have a long history of such juridical discrimination by the United States of America.
We request that a Special Rapporter investigate the juridical history and the continuing discrimination for the Indigenous Peoples in Alaska, Hawaii and in the United States.  I would encourage that the United States courageously allow this.  Take the positive example of the Government of Mexico; I congratulate you as an Indigenous Diplomat, for courageously allowing your Government to be scrutinized at a time when many others deny human rights violations, continue discrimination and scoff at scrutiny.  I appeal to the United States to courageously allow the same.

Quyana – Merci – Gracias – Entaxi – Thank you Madame Presidente.

Madame Presidente:

Distinguished Members of the Sub-Commission and all distinguished participants:  Camai, Ishu!

I am submitting for the record GA Resolution 644 (VII) Racial discrimination in Non-Self-Governing Territories 10 December 1952 (attachment 2) regarding the abolition of laws that discriminate on the basis of race, sex language or religion.  United States Supreme Court decision 348 U.S. 272, Tee-Hit-Ton (attachment 3) decided in footnote 18 that the land in Alaska was for the white race.  On this basis we were excluded from the participating in the development of the now colonial state of Alaska government.  Tee-Hit-Ton also ruled that the Indigenous Peoples of Alaska have no 5th Amendment rights, that is if you assume us to be United States Citizens, meaning no right to life, right to property, right to due process of law etc.  This was the basis for creating the Alaska Native Claims Settlement Act.  I diplomatically protest all said actions, as they are Racial Apartheid.

Also to correct the record from last year, I would like to submit the page from the 1982 Alaska Statehood Commission Report, page 32, finding number 3(attachment 4), that States:

ANCSA can no longer be considered a Native Claims Settlement Act.  Its emphasis in not Native, and little or nothing has been settled.  Since 1977 it has become increasingly a Claims Act for almost everyone.  In order to free a corridor for a pipeline the Nations needed, an unanticipated explosion of land issues has occurred.

I am including for the record, a notice of defective title (attachment 5) regarding the Territory of the region now known as Alaska.

As attachment 6, I submit as a record of the report, Resolution No. 00-02, passed by the Elders Council of Tununak, in the form of Decree, to protect our right to self-determination.  The Elders believe this is necessary since they are being forced via economic paralysis, or economic sanctions, into agreements they do not want to enter into.
 
 
 

I remind that:
( c ) Crimes against humanity: murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.
Finally on a positive note, I would like to express my gratitude to the Federal Department of Foreign Affairs of Switzerland and therefore to the Government of Switzerland for your moral and financial support of the United Nations Institute for Training and Research.  The Programme in Peacemaking and Preventive Diplomacy under the direction of Trisha Riedy, Tim Murithi and Connie Peck did one week of Conflict Resolution and Diplomacy, an intensive course to assist us in our work both at the local, national and international level.  I call upon other Governments to take notice of the positive support of the Government of Switzerland for their important contribution and request that others do the same.
Again, on behalf of all who participated, we express our deep appreciation.  Quyana Caknak – Thank you very much.
644 (VII). Racial discrimination in Non-Self-Governing Territories
The General Assembly,
Having regard to the principles of the Charter and of the Universal Declaration of Human Rights emphasizing the necessity of promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion,
Having regard to the principle recognized in Chapter XI of the Charter that the interests of the inhabitants of the Non-Self-Governing Territories are paramount,
Recognizing that there is a fundamental distinction between discriminatory laws and practices, on the one hand, and protective measures designed to safeguard the rights of the indigenous inhabitants, on the other hand,
1. Recommends to the Members responsible for the administration of Non-Self-Governing Territories the abolition in those Territories of discriminatory laws and practices contrary to the principles of the Charter and of the Universal Declaration of Human Rights;
2. Recommends that the Administering Members should examine all laws, statutes and ordinances in force in the Non-Self-Governing Territories under their administration, as well as their application in the said Territories, with a view to the abolition of any such discriminatory provisions or practices;
3. Recommends that, in any Non-Self-Governing Territories where laws are in existence which distinguish between citizens and non-citizens primarily on racial or religious grounds, these laws should similarly be examined;
4. Recommends that all public facilities should be open to all inhabitants of the Non-Self-Governing Territories, without distinction of race;
5. Recommends that where laws are in existence providing particular measures of protection for sections of the population, these laws should frequently be examined in order to ascertain whether their protective aspect is still predominant, and whether provision should be made for exemption from them in particular circumstances;
6. Recognizes that the establishment of improved race relations largely depends on the development of educational policies, and commends all measures designed to improve among all pupils in all schools understanding of the needs and problems of the community as a whole;
7. Calls the attention of the Commission on Human Rights to the present resolution.
402nd plenary meeting,
10 December 1952