Philip David Ochs profile picture

Philip David Ochs

About Me

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Colombia is the enemy of all Indigenous Peoples

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Organize economic self reliance in both hemispheres

Boycott buying - selling Colombia and Israel products

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Arms shipments due now - common ground to begin action

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Colombia is not simply

a criminal mafia state

run by intelligence agencies -

the catholic state of Colombia is

the enemy of all aboriginals.

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The War Criminals Are:

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Governing body/members of the caucasian bulwark of

christian state representatives of racist regimes

Governing body/members of the state of Canada

Governing body/members of the state of United States

Governing body/members of the state of Australia

Governing body/members of the state of New Zealand

Governing body/members of the state of United Kingdom

emphasized that the Declaration was non-legally binding

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From Wikipedia, the free encyclopedia

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Declaration on the Rights of Indigenous Peoples

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The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 62nd session at UN Headquarters in New York City on 13 September 2007.

While as a General Assembly Declaration it is not a legally binding instrument under international law, according to a UN press release, it does "represent the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions"; the UN describes it as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation."

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Reaction

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Support

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In contrast to the Declaration's rejection by Australia, Canada, New Zealand and the United States, United Nations officials and other world leaders noted their pleasure at its adoption. Secretary-General Ban Ki-moon described it as a "historic moment when UN Member States and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all." Louise Arbour, a former justice of the Supreme Court of Canada then serving as the UN's High Commissioner for Human Rights, expressed satisfaction at the hard work and perseverance that had finally "borne fruit in the most comprehensive statement to date of indigenous peoples' rights." Similarly, news of the Declaration's adoption was greeted with jubilation in Africa and, present at the General Assembly session in New York, Bolivian foreign minister David Choquehuanca said that he hoped the member states that had voted against or abstained would reconsider their refusal to support a document he described as being as important as the Universal Declaration of Human Rights. Bolivia has become the first country to approve the U.N. declaration of indigenous rights. Evo Morales, President of Bolivia, stated, "We are the first country to turn this declaration into a law and that is important, brothers and sisters. We recognize and salute the work of our representatives. But if we were to remember the indigenous fight clearly, many of us who are sensitive would end up crying in remembering the discrimination, the scorn."

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Criticism

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Prior to the adoption of the Declaration, and throughout the 62nd. session of the General Assembly, a number of countries expressed concern about some key issues, such as self-determination, access to lands, territories and resources and the lack of a clear definition of the term indigenous. These concerns were expressed by a group of African countries, in addition to the final four that voted against the adoption of the declaration. Ultimately, after agreeing on some adjustments to the Draft Declaration, a vast majority of states recognized that these issues could be addressed by each country at the national level.

The four states that voted against – all with significant indigenous populations – continued to express serious reservations about the final text of the Declaration as placed before the General Assembly.

Canada

Canada said that while it supported the spirit of the Declaration, it contained elements that were "fundamentally incompatible with Canada's constitutional framework". In particular, the Canadian government had problems with Article 19 (which appears to require governments to secure the consent of indigenous peoples regarding matters of general public policy), and Articles 26 and 28 (which could allow for the re-opening or repudiation of historically settled land claims).

Minister of Indian Affairs and Northern Development Chuck Strahl described the document as "unworkable in a Western democracy under a constitutional government." Strahl elaborated, saying "In Canada, you are balancing individual rights vs. collective rights, and (this) document&183; has none of that. By signing on, you default to this document by saying that the only rights in play here are the rights of the First Nations. And, of course, in Canada, that's inconsistent with our constitution." He gave an example: "In Canada ... you negotiate on this ... because (native rights) don't trump all other rights in the country. You need also to consider the people who have sometimes also lived on those lands for two or three hundred years, and have hunted and fished alongside the First Nations".

The Assembly of First Nations passed a resolution in mid-December to invite Presidents Hugo Chávez and Evo Morales to Canada to put pressure on the Conservative government to sign the Declaration on the Rights of Indigenous Peoples, calling the two heads of state "visionary leaders" and demanding Canada resign its membership on the UN Human Rights Council.

United States

Speaking for the United States mission to the UN, spokesman Benjamin Chang said, "What was done today is not clear. The way it stands now is subject to multiple interpretations and doesn't establish a clear universal principle." The U.S. mission also issued a floor document, "Observations of the United States with respect to the Declaration on the Rights of Indigenous Peoples", setting out its objections to the Declaration. Most of these are based on the same points as the other three countries' rejections but, in addition, the United States drew attention to the Declaration's failure to provide a clear definition of exactly whom the term "indigenous peoples" is intended to cover.

Australia

Australia's Mal Brough, Minister for Families, Community Services and Indigenous Affairs, referring to the provision regarding the upholding of indigenous peoples' customary legal systems, said that, "There should only be one law for all Australians and we should not enshrine in law practices that are not acceptable in the modern world".

Marise Payne, Liberal Party Senator for New South Wales, further elaborated on the Australian government's objections to the Declaration in a speech to the Senate as:

Concerns about references to self-determination and their potential to be misconstrued.

Ignorance of contemporary realities concerning land and resources. "They seem, to many readers, to require the recognition of Indigenous rights to lands which are now lawfully owned by other citizens, both Indigenous and non-Indigenous, and therefore to have some quite significant potential to impact on the rights of third parties".

Concerns over the extension of Indigenous intellectual property rights under the declaration as unnecessary under current international and Australian law.

The potential abuse of the right under the Declaration for indigenous peoples to unqualified consent on matters affecting them, "which implies to some readers that they may then be able to exercise a right of veto over all matters of state, which would include national laws and other administrative measures".

The exclusivity of indigenous rights over intellectual, real and cultural property, that "does not acknowledge the rights of third parties – in particular, their rights to access Indigenous land and heritage and cultural objects where appropriate under national law." Furthermore, that the Declaration "fails to consider the different types of ownership and use that can be accorded to Indigenous people and the rights of third parties to property in that regard".

Concerns that the Declaration places indigenous customary law in a superior position to national law, and that this may "permit the exercise of practices which would not be acceptable across the boad", such as customary corporal and capital punishments.

In October 2007, former Australian Prime Minister John Howard pledged to hold a referendum on changing the constitution to recognise indigenous Australians if re-elected. He said that the distinctiveness of people's identity and their rights to preserve their heritage should be acknowledged. With Howard's loss in the 2007 election, it is unknown what the succeeding Rudd government's response will be.

New Zealand

New Zealand's Minister of Māori Affairs Parekura Horomia described the Declaration as "toothless", and said, "There are four provisions we have problems with, which make the declaration fundamentally incompatible with New Zealand's constitutional and legal arrangements." Article 26 in particular, he said, "appears to require recognition of rights to lands now lawfully owned by other citizens, both indigenous and non-indigenous. This ignores contemporary reality and would be impossible to implement".

In response, Māori Party leader Pita Sharples said it was "shameful to the extreme that New Zealand voted against the outlawing of discrimination against indigenous people; voted against justice, dignity and fundamental freedoms for all".

United Kingdom

Speaking on behalf of the United Kingdom government, UK Ambassador and Deputy Permanent Representative to the United Nations, Karen Pierce, "emphasized that the Declaration was non-legally binding and did not propose to have any retroactive application on historical episodes. National minority groups and other ethnic groups within the territory of the United Kingdom and its overseas territories did not fall within the scope of the indigenous peoples to which the Declaration applied".

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http://en.wikipedia.org/wiki/Declaration_on_the_Rights_of_In digenous_Peoples

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My Interests

Music:

Member Since: 2/17/2008
Band Members:

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UN Security Council

United States Israel

Egypt Saudi Arabia Jordan

enemies of peace on earth

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Israel is not simply

a criminal mafia state

run by intelligence agencies -

the zionist state of Israel is

the enemy of all humankind.

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The War Criminals Are:

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Governing body/members of

the state representatives of

the UN Security Council

Governing body/members of

the state of Israel

Governing body/members of

the state of Jordan

Governing body/members of

the state of Saudi Arabia

Governing body/members of

the state of Egypt

Governing body/members of

the state of United States

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The Council is composed of

five permanent members —

United States

United Kingdom

France

Russian Federation

China

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the horrible truth

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On Thursday, January 8,

UN Security Council

adopted resolution 9567

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The UN Security Council
has decided upon

what they call

a three state solution.

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Jordan gets the West Bank

The Palestinian Territories are

to be absorbed into Israel

meaning the areas of

Ramallah and Nablus.

Egypt is to get Gaza.

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Their lie is a cover for

a one state solution.

The hegemony of Israel.

The liquidation of Palestine.

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US Army Corps of Engineers

+ use of phosphorus bombs

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Israel + US + Egypt -

non-civilian combatants

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AFP

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8 Jan 2009

(AFP) —

US army engineers helping

WASHINGTON

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US army engineers helping

detect Gaza tunnels:

Pentagon

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The US Army Corps of Engineers has been helping the Egyptian government detect tunnels used to move weapons and other contraband into Gaza, the Pentagon said Thursday.

A small number of US civilians with the Corps have been providing technical advice to the Egyptians over a period of months, said Geoff Morrell, the Pentagon press secretary.

"There has been a concerted effort for some time by the Egyptians to go after some of these tunnels -- detect them, block them, eliminate them -- and I think the Army Corps of Engineers has provided some technical advice on how to do so", Morrell said.

The Army Corps of Engineers role was providing "strictly technical advice", he said.

Morrell said no US civilians were working near the border with Gaza currently because of the violence arising from an Israeli ground offensive.

Border tunnels were targeted by Israeli aircraft from the outset of the conflict.

The Pentagon press secretary said they were suspected of being used to smuggle in rockets that Hamas has used to attack Israel.

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Copyright © 2009 AFP.

All rights reserved.

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http://news.yahoo.com/s/afp/20090108/pl_afp/mideastconflictg azaegyptustunnels_newsmlmmd
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