HUMAN RIGHTS OF INDIGENOUS PEOPLES
Excerpt
49. It follows that the issue of treaties affecting indigenous peoples as third parties may continue to be relevant insofar as they remain in force and insofar as indigenous peoples already participate - or may in the future - in the implementation of their provisions. Among the 10 instruments previously considered for analysis, 18 apart from the Lapp Codicil, several others would warrant further scrutiny, among them the 1794 Jay Treaty and the 1848 Treaty of Guadalupe-Hidalgo, both of apparent special significance for the indigenous nations along the borders of the United States with Canada and Mexico respectively.
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322. Finally, in connection with the indigenous affairs related activities of the Office of the United Nations High Commissioner for Human Rights, the Special Rapporteur recommends:
(b) The establishment, at the earliest possible date, of a section within the United Nations Treaty Registry with responsibility for locating, compiling, registering, numbering and publishing all treaties concluded between indigenous peoples and States. Due attention should be given in this endeavour to securing access to the indigenous oral version of the instruments in question;
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Noowuh Knowlege Center
VOICES AND VISIONS:
Revisiting the 1863 Ruby Valley Treaty of Peace & Friendship Gathering
As operating Secretariat of the Continental Commission Abya Yala, we are particularly interesting in the position of the US government in the case where they purport to claim the right to extinguish Shoshone land title by way of "gradual encroachment" of the Ancestral Territories of the Western Shoshone based upon the legaloid and "nefarious" tenets of the Doctrine of Discovery of Christendom.
“The United States claims that the
title to the land in question was ceded to the United States by Mexico in 1848,
subject to occupancy by the Native Americans. The United States maintains that
in 1863, it signed a treaty with the Western Shoshone, referred to as the
Treaty of Ruby Valley, and that under the Treaty the United States and the
Western Shoshones agreed to end hostilities between them and live amicably. The
United States claims that subsequent to the treaty with the Western Shoshones
it treated certain lands within the area at issue as lands of the United
States.”
Although the US government had
announced its intention to recognize the independence of the Spanish-American
colonies in 1822, Spain did not recognize Mexico's independence until the Santa
María–Calatrava Treaty of December 28, 1836. This was the first case in which
the Spanish monarchy acknowledged the independence of a state that had been
erected within the limits of her former colonial empire in the New World."
Under the terms of the Santa
María–Calatrava Treaty of December 28, 1836 the dominions of Mexico were to be
comprised of the former Viceroyalty of New Spain, the captaincy-general of
Yucatan, the commandancies of the eastern and the western interior provinces,
lower and upper California, along with the annexed territories and adjacent
islands. The source of the original purported territorial claim by the Viceroyalty
of New Spain in Mexico which was transferred to the Mexico was the royal
charters given to Columbus by the monarchy of Spain in 1492 and affirmed from
the pinnacle of the imperial structure of Christendom (the Vatican) by Pope
Alexander VI via the Papal Bull Inter Caetera of 1493.
Framework of Dominance:
UN Preliminary Study on the Doctrine of Discovery
We submit here these principles for consideration in the Western Shoshone case going forward with the intent to connect principle with action, recognition with mutual respect, and humanity with the Territorial Integrity of Mother Earth.
August 13, 2021
Imihuan Tenamaxtle :
The Arrows of Tenamaxtle
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