Archive for February, 2015

Tonya Frichner began her journey to Creator on February 14, 2015

Monday, February 16th, 2015
Tonya Frichner began her journey to Creator on February 14, 2015 (Photo © Rebecca Sommer)

Tonya Frichner began her journey to Creator on February 14, 2015 (Photo © Rebecca Sommer)

Ms. Gonnella Frichner, 67 of Union City, New Jersey began her journey to Creator on February 14, 2015 and is survived by her loving husband of 42 years, University Professor and Fashion Institute of Technology Herb Frichner, and their son Jason M. Frichner (Eva), Assistant Vice-President of Marketing for the Hanes Corporation. Ms. Gonnella Frichner is also survived by her sister Nannette Gonnella (Carol), brother Henry Gonnella, Jr., brother Michael Gonnella, brother Thomas Gonnella (Lucia), sister Jacquelyn Gonnella Thomas, brother Christopher Gonnella, her beloved nieces Betty Lyons (Tadodaho Sidney Hill), Maya Thomas; nephews David Tobian, Matthew Gonnella; and several nieces and nephews. Ms. Gonnella Frichner held dear to her heart the AILA staff that supported her work, Chief of Staff, Murrielle Borst-Tarrant (Kuna/Rappahanock Nations) and Research & Policy Adviser, Roger Drew.

Tonya Gonnella Frichner, Esq. Gowanahs, Snipe Clan name, a citizen of the Onondaga Nation, Six Nations Iroquois Confederacy, Haudenosaunee. Ms. Gonnella Frichner, the eldest of eight children of Henry and Maxine Nolan Gonnella. A global indigenous leader and President and Founder of the American Indian Law Alliance (AILA), since 1989. AILA is a Non-Governmental Organization in consultative status with the United Nations Economic and Social Council (ECOSOC).

Ms. Gonnella Frichner was a lawyer, activist and professor of American Indian history and law, Federal Indian Law, and anthropology and human rights for over twenty years. Ms. Gonnella Frichner taught at the City College of the City University of New York (CUNY) and Manhattanville College for eight years, as well as CUNY Hunter College and New York University. Ms. Gonnella Frichner also served as an Associate Member of Columbia’s University Seminar on Indigenous Studies. Ms. Gonnella Frichner, worked closely with global Indigenous leadership, as well as the Onondaga Nation and the Haudenosaunee. She devoted her life to the pursuing of the right to self-determination, sovereignty, treaty rights, and individual and collective rights for Indigenous Peoples. Ms. Gonnella Frichner was appointed as the North American Regional Representative for a three year term from 2008-2010, to the United Nations Permanent Forum on Indigenous Issues (UNPFII), by the President of the United Nations Economic and Social Council (ECOSOC), an advisory body to the ECOSOC. In that position, her mandates included: human rights, economic and social development, environment, health, education and media. Ms. Gonnella Frichner was nominated by Indigenous Nations, Peoples and Non-Governmental Organizations to the position for her work in the international arena. During that time, Ms. Gonnella Frichner served as Vice-Chairperson as well as the Special Rapporteur for the “Preliminary study of the impact on indigenous peoples of the international legal construct known as the Doctrine of Discovery,” (E/C.19/2010/13), submitted to the UNPFII, Ninth Session, 2010. She has served as an active participant and legal and diplomatic counsel to Indigenous delegations in virtually all United Nations international fora affecting Indigenous Peoples especially during the drafting, negotiations and passage of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), overwhelmingly adopted in December 2007 (A/RES/61/295) by the UN General Assembly. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) sets the minimum standard for the survival, dignity and individual and collective rights of Indigenous Peoples globally. Ms. Gonnella Frichner has received many distinguished awards for her service. Most recently, she received the Drums Along the Hudson award in June 2014, shared with the Honorable David N. Dinkins, the 106th Mayor of New York City. Other awards include the Harriet Tubman Humanitarian Award, the Thunderbird Indian of the Year Award, the Ellis Island Congressional Medal of Honor, the American Indian Community House International Service Award, the SilverCloud Singer Outstanding Service Award for advancing Indigenous Youth, the Ms. Foundation Female Role Model of the Year, which was shared with author J.K. Rowlings and others, The Mosaic Council, Inc. Visionary Award for Marking a Difference, which was shared with entertainer Queen Latifah, the New York County Lawyers Association Award for Outstanding Public Service, the Ingrid Washinawatok El-Issa O’Peqtaw Metaehmoh – Flying Eagle Woman Fund for Peace, Justice, and Sovereignty Award, the Iroquois Nationals Lacrosse Team Recognition, a City of Philadelphia proclamation in honor of United Nations Day and Ms. Gonnella Frichner’s work to “promote the rights for native people around the world,” recognition from the Temple of Understanding, recognition from the Beacon Two Row Wampum Festival, and the Alston Bannerman Fellowship. Ms. Gonnella Frichner co-founded the Global Indigenous Women’s Caucus, together with Ms. Tia Oros Peters (Zuni), Executive Director of the Seventh Generation Fund for Indigenous Peoples, and Ms. Esmeralda Brown, President of the Southern Diaspora Research and Development Center.Ms. Gonnella Frichner served on several boards of directors including serving as the Chairperson of the Seventh Generation Fund for Indigenous Peoples, the City University of New York School of Law Board of Visitors, the Interfaith Center of New York, the Connie Hogarth Center for Social Action, the Seven Eagles Corporation, the Flying Eagle Women Fund for Peace, Justice and Sovereignty, the International Movement Against All Forms of Discrimination and Racism, the Boarding School Healing Project, and the Iroquois Nationals Lacrosse Team, the official national team of the Haudenosaunee since 1984. It is a Federation of International Lacrosse member nation and World Lacrosse Championship medalists. Ms. Gonnella Frichner authored a number of articles and papers on Indigenous Peoples and was working on two books, including an autobiography. She earned a Bachelor of Science degree from St. John’s University of New York and graduated magna cum laude in 1980, she earned a Juris Doctor from the City University of New York School of Law in 1987 and a Doctor of Laws honoris causa from Colby College, Waterville in Maine in 2012. In September 2014 United Nations Secretary General Ban Ki-moon quoted Ms. Gonnella Frichner in his remarks: “A longtime indigenous activist and former member of the Permanent Forum on Indigenous Issues, Tonya Gonnella Frichner, once said, “Indigenous peoples all speak many different languages but in our meetings, we are speaking one language. Our relationship to Mother Earth is identical.”
Calling hours will be held at the Ballweg & Lunsford Funeral Home located at 2584 Field Lane LaFayette , NY 13084 on Tuesday, February 17th from 3pm-7pm. Funeral services will be on Wednesday February 18th at 10am at the Ballweg & Lunsford Funeral Home 2584 Field Lane, LaFayette , NY 13084 and 11am at the longhouse. Internment to be on the Onondaga Nation Cemetery located on Route 11a.Donations can be made to the American Indian Law Alliance to carry on Tonya’s important work. For more info on donations email aila@ailanyc.org.

Docip VIDEO: Bridge to the Future / Un Puente al Futuro / Un pont vers l’avenir / МОСТ В БУДУЩЕЕ

Sunday, February 1st, 2015

Published on youtube May 6, 2014 by DOCIP
VIDEO: Bridge to the Future / Un Puente al Futuro / Un pont vers l’avenir / МОСТ В БУДУЩЕЕ

Indigenous Youth document the achievements of the First Indigenous Peoples’ delegates at the United Nations / La juventud indígena documenta los logros de los primeros delegados de los Pueblos Indígenas en las Naciones Unidas / La jeunesse autochtone documente les succès des premiers délégués des peuples autochtones à l’ONU / Молодежь из числа коренного населения запечатляет достижения первых делегатов от коренных народов в Организации Объединенных Наций

Indigenous Peoples: REPORT CONCERNING THE UNITED STATES OF AMERICA SUBMITTED TO THE UNITED NATIONS HUMAN RIGHTS COUNCIL

Sunday, February 1st, 2015

REPORT SUBMITTED TO THE UNITED NATIONS HUMAN RIGHTS COUNCIL
In regard to the
UNIVERSAL PERIODIC REVIEW CONCERNING THE UNITED STATES OF AMERICA
Second Cycle-22nd Session
April-May 2015, Geneva, Switzerland

Submitted by Indigenous World Association (IWA) an ECOSOC NGO and the Laguna Acoma Coalition for a Safe Environment
This Report is submitted by the Indigenous World Association (IWA), an ECOSOC accredited NGO, together with the Laguna-Acoma Coalition for a Safe Environment (LACSE). LACSE, an organization of Laguna Pueblo and Acoma Pueblo residents, in New Mexico, USA, is committed to addressing uranium mining legacy issues, including protection of sacred areas, affecting both indigenous nations, and is a member of the Multicultural Alliance for a Safe Environment (MASE, masecoalition.org)., which addresses issues of environmental justice related to uranium mining in the Grants uranium belt in Northwestern New Mexico.

Summary

Despite the 2010 statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the United States, the United States has failed to provide meaningful implementation of the rights contained in the UNDRIP. Perhaps in response to the calls by this body in the last UPR cycle in March 2010, as well as that of other UN Human bodies, the United States issued a statement in support of the UNDRIP in December 2010. However the United States continues to insist that the UNDRIP is “a non-binding, aspirational document” and renders the UNDRIP ineffective through federal, state and local actions that deny indigenous peoples the exercise of rights contained in the ICCPR, the ICERD, and the UNDRIP.

This report addresses the United States’ failure to provide substantive protection for sacred areas and landscapes, in the face of recommendations by the Human Rights Committee in the 2014 ICCPR review, by the CERD committee in the 2014 CERD Review, and by several UN special rapporteurs. Related to these rights are those impacted by extractive activities that impact sacred areas and discriminatorily deprive indigenous communities of essential human rights such as the right to free prior and informed consent and rights related to religion and culture.

1. Mt. Taylor (“Kaaweesthiimaa” in the Acoma language, “Tsibiinaa” in the Laguna language), a sacred landscape and area to Acoma, Laguna, and other Indigenous Nations in the region, is under threat of irreparable harm should proposed uranium mining by Roca Honda Resources, LLC, and others proceed in the area. Despite the recognition of this area as a traditional cultural property under federal and state law, the United States Forest Service, an agency of the United States government, has taken actions which substantively disregard United States obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), especially rights with regard to property, health, and participation in cultural activities provided in Article 5 of the ICERD. Despite the Recommendation of the Committee on the Elimination of Racial Discrimination (hereinafter “CERD”) in 2008, to ensure that activities carried out in areas of spiritual and cultural significance to Native Americans do not have a negative impact on the enjoyment of their rights under the Convention, the United States has failed to observe its human rights obligations in this situation.

2. Current federal law purporting to provide protection for cultural rights, and policy on consultation in cases affecting protection of cultural rights, including Executive Orders, have provided no substantive protection for cultural rights. Both the federal and state governments are responsible permitting agencies for mining activities. However, the United States has not taken sufficient steps to establish appropriate mechanisms to ensure a coordinated approach towards the implementation of the Convention at the federal, state and local levels, which are all implicated in the case of Mt. Taylor.

3. The United States Environmental Protection Agency and the New Mexico Environment Department have failed to clean up 97 abandoned uranium mines and 5 former mills in the Grants Mining District in New Mexico after 30 plus years. This includes the Homestake-Barrick Gold mill site now a U.S. Superfund site.

4. The United States Department of Agriculture, and its subsidiary the United States Forest Service, is seeking to permit new uranium mining which will irreparably impact the Mt. Taylor Traditional Cultural Property. The free prior and informed consent of indigenous peoples impacted, including Laguna Pueblo, Acoma Pueblo, Zuni Tribe and Navajo Nation has not been fully obtained for new proposed uranium mining at Mt. Taylor, which is within the aboriginal lands of these indigenous peoples in New Mexico. obtained.

5. Human rights violations of affected indigenous people in New Mexico have been presented in reports to the Human Rights Committee in the United States Review under the International Covenant on Civil and Political Rights (ICCPR) and to the CERD Committee as part of the United States review under the Convention on the Elimination of All Forms of Racial Discrimination (CERD) during 2014. In both reviews, the United Nations monitoring committees issued conclusions and recommendations regarding protection of sacred places and the need to provide free, prior and informed consent especially in cases regarding extractive activities.

6. The United States has failed to implement existing laws in a manner that fully implements the rights contained in the UNDRIP, including access to sacred sites and cultural rights. These laws include the American Indian Religious Freedom Act (42 U.S.C. 1996), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000 bbl), and the National Historic Preservation Act (16 U.S.C. 470 et seq.) It also violates Executive Order 13007, which directs federal agencies to “accommodate access to and ceremonial use of Indian sacred sites by Indian religious practioners.”

7. The United is ignoring established federal laws and policies protecting indigenous sacred sites when it permits new extractive mining. Specifically it ignores Cite: See Shadow Reports referenced herein and submitted to ICCPR and CERD. See also, Letter of Multicultural Alliance for a Safe Environment, dated June 13, 2013, pp. 5-7.

8. The United States continues to apply discriminatory laws, such as the General Mining Act of 1872, the 1897 Organic Act, and the 1955 Multiple Use Mining Act, all of which preference mining activities over cultural practices on public land.

9. The United States has so far failed to educate federal agencies, state agencies, and local governments on the United Nations Declaration on the Rights of Indigenous Peoples, the International Covenant on Civil and Political Rights, and the Convention on the Elimination of All Forms of Racial Discrimination. The UPR Working Group, in the first UPR cycle for the United States, urged the United States to incorporate human rights training and education in their public policies.

RECOMMENDATIONS:
1. That the United States follow the recommendation of several human rights bodies and establish a National Human Rights institution.
2. That the United States fully implement the UNDRIP.
3. That the United States undertake a comprehensive review of domestic laws and policies, which some U.S. and state agencies interpret to privilege extractive activities over the rights of indigenous peoples, and bring them into compliance with international human rights standards.
4. That the United States adopt effective measures to protect cultural landscapes and sacred areas of indigenous peoples against desecration, contamination and destruction and ensure that consultations are held with the communities that might be adversely affected by State party’s development projects and exploitation of natural resources with a view to obtaining their free, prior and informed consent for the potential project activities.
5. Recommend that the United States take steps to establish appropriate mechanisms to ensure a coordinated approach towards the implementation of the Convention at the federal, state and local levels.”