Breakfast sponsored by the Manitoba Bar Association. You should try the Banana Swirl, in the left goblet.
Sunday, May 1, 2011
The Law of Mother Earth – No Unsacred Place
The Law of Mother Earth – No Unsacred PlaceThe Law of Mother Earth, promulgated by the State of Bolivia, follows in English (you can download the original in Spanish, here).
Several items immediately leap out as being tremendously important, and in accord with the pagan mindset. These are excerpts:
•Mother Earth is considered to be sacred, as per the cosmologies of the nations of rural indigenous peoples.
•(Life Systems) They are complex and dynamic communities of plants, animals, micro-organisms and other beings in their entirety, in which human communities and the rest of nature interact as a functional unit
•The position of Ombudsman of Mother Earth is created
•Mother Earth has the following rights:
1.To Life
2.To the diversity of life
3.To Water
4.To Clean Air
5.To Balance
6.To Restoration
7.To live Free of Contamination
Legislative Assembly of the Multi-National State
DECREE
Law of Rights of Mother Earth
Chapter 1 – Objective and Principles
Article 1. (Objective). The present Law has as its objective the recognition of the rights of Mother Earth, as well as the obligations and duties of the Multi-national State and of its Society, to guarantee respect of these rights.
Article 2. (First Principles). The First Principles which govern the current law, and with which compliance is an obligation, are:
1. Harmony. Human activities, in the framework of plurality and diversity, should achieve dynamic balance with the cycles and processes inherent to Mother Earth.
2. Collective Good. Societal interests, in the framework of the rights of Mother Earth, prevail in all human activity and over any other acquired rights.
3. Guarantee of Regeneration of Mother Earth. The State, at its varying levels, and society, in harmony with the common interest, should guarantee the conditions necessary for the diverse living systems of Mother Earth to absorb damages, adapt to disturbances, and regenerate itself without significant alteration to its structure and functionality, realizing that living systems have limits in their abilities to regenerate themselves, and that humanity has limits in its ability to reverse its effects.
4. Respect and Defense of the Rights of Mother Earth. The State and any other individual or collective persons shall respect, protect and guarantee the rights of Mother Earth for the well-being of existing and future generations.
5. No Commercialization. That life systems cannot be commercialized, nor the processes that sustain them, nor form part of the private inheritance of anyone.
6. Multi-cultural. The exercise of the rights of Mother Earth requires the understanding, recovery, respect, protection and dialogue of the diversity of sensitivities, values, knowledge, understandings, practices, abilities, transcendences, sciences, technologies and standards, of all the world cultures that seek harmonious coexistence with the natural world.
Chapter II – Mother Earth, Definition and Characterization
Article 3. (Mother Earth) Mother Earth is the living dynamic system comprised of the inter-related, interdependent and complementary indivisible community of all life systems and living beings that share a common destiny.
Mother Earth is considered to be sacred, as per the cosmologies of the nations of rural indigenous peoples.
Article 4. (Life Systems) They are complex and dynamic communities of plants, animals, micro-organisms and other beings in their entirety, in which human communities and the rest of nature interact as a functional unit, under the influence of climatic, physiographic and geologic factors, as well as the productive practices and cultural diversity of Bolivians of both genders, and the cosmologies of the nations of rural indigenous peoples, the intercultural communities and the Afro-Bolivians.
Article 5. (Legal Character of Mother Earth) In order to be protected and for the teaching of her rights, Mother Earth adopts the characteristics of collective rights of public interest. Mother Earth and all its components, including human communities, are owners of the rights inherently understood in this Law. The application of Mother Earth’s rights shall take into account the specificities and particularities of its diverse components. Those rights established in this Law do not limit the existence of other rights of Mother Earth.
Article 6. (Exercise of the Rights of Mother Earth) All Bolivians of either gender, as part of the community of beings which comprise Mother Earth, exercise the rights established in this Law, in a manner that is compatible with individual and collective rights.
The exercise of individual rights is limited by the exercise of collective rights of the living systems of Mother Earth, any conflict among these shall be resolved in a manner that does not irreversibly affect the functionality of those living systems.
Chapter III – Rights of Mother Earth
Article 7. (Rights of Mother Earth)
I. Mother Earth has the following rights:
1. To Life: It is the right to the maintenance of the integrity of living systems and natural processes which sustain them, as well as the capacities and conditions for their renewal.
2. To the diversity of life: It is the right to the preservation of the differentiation and variety of the beings that comprise Mother Earth, without being genetically altered, nor artificially modified in their structure, in such a manner that threatens their existence, functioning and future potential.
3. To Water: It is the right of the functionality of the water cycles, of its existence and quantity, and the quality necessary to sustain living systems, and their protection with regards to contamination, for renewal of the life of Mother Earth and all its components.
4. To Clean Air: It is the right of the preservation of the quality and composition of air to sustain living systems and their protection with regards to contamination, for renewal of the life of Mother Earth and all its components.
5. To Balance: It is the right to maintenance or restoration of the inter-relation, interdependence, ability to complement and functionality of the components of Mother Earth, in a balanced manner for the continuation of its cycles and the renewal of its vital processes.
6. To Restoration: It is the right to the effective and opportune restoration of its living systems affected by direct or indirect human activities.
7. To live Free of Contamination: It is the right for preservation of Mother Earth and any of its components with regards to toxic and radioactive wastes generated by human activities.
Chapter IV – Obligations of the State and Social Duties
Article 8. (Obligations of the Multi-national State) The Multi-national State, at all its levels and all its territories, and across all its institutions and authorities, has the following obligations:
1. Develop public policies and systematic preventive actions, early alert, protection and prevention, to avoid human activities that lead to extinction of populations, the alteration of cycles and processes that guarantee life, or the destruction of living systems, including the cultural systems that are part of Mother Earth.
2. Develop balanced forms of production and patterns of consumption for the well-being of the Bolivian peoples, safeguarding the regenerative capacities and integrity of the processes and vital balances of Mother Earth.
3. Develop policies to defend Mother Earth, in the environment of multi-national and international over-exploitation of components, against the commercialization of living systems or the processes that sustain them, and of the structural causes of Global Climate Change and its effects.
4. Develop policies to ensure the sustainability of power generation in the long run by means of saving, increases in efficiency and the gradual incorporation of clean and renewable alternative sources of power.
5. Demand in the international arena the understanding of the environmental debt by means of financing and technology transfer of clean technologies that are clean, effective and compatible with the rights of Mother Earth, as well as other mechanisms.
6. Promote peace and the elimination of all nuclear, chemical and biological weapons of mass destruction.
7. Promote the understanding and defense of the rights of Mother Earth in arena of multilateral, regional and bilateral international relationships.
Article 9. (Duties of the Persons) It is the duty of public or private natural and juridical persons:
1. To defend and respect the rights of Mother Earth.
2. To promote harmony on Mother Earth and in all its relationships with the rest of the human communities and natural living systems.
3. To participate in an active form, personally or collectively, in the generation of proposals aimed at the respect for and defense of the rights of Mother Earth.
4. To take up production and consumption practices in harmony with the rights of Mother Earth.
5. To ensure sustainable use and exploitation of Mother Earth’s components.
6. To denounce all acts against the rights of Mother Earth, its living systems and/or its components.
7. To attend meetings of competent authorities or civil society oriented at conservation and/or protection of the rights of Mother Earth.
Article 10. (Ombudsman of Mother Earth). The position of Ombudsman of Mother Earth is created, whose mission is to watch over the applicability to, promotion and diffusion of, and compliance with the rights of Mother Earth established in this Law. A special law will establish its structure, function and attributes.
Remitted to the Executive Agency, for constitutional ends.
Given in the Sessions Chamber of the Multi-National Legislative Assembly, on the seventh day of the month of December, 2010.
Please note that I am not a professional translator.
Comment Feed
6 Responses
Several items immediately leap out as being tremendously important, and in accord with the pagan mindset. These are excerpts:
•Mother Earth is considered to be sacred, as per the cosmologies of the nations of rural indigenous peoples.
•(Life Systems) They are complex and dynamic communities of plants, animals, micro-organisms and other beings in their entirety, in which human communities and the rest of nature interact as a functional unit
•The position of Ombudsman of Mother Earth is created
•Mother Earth has the following rights:
1.To Life
2.To the diversity of life
3.To Water
4.To Clean Air
5.To Balance
6.To Restoration
7.To live Free of Contamination
Legislative Assembly of the Multi-National State
DECREE
Law of Rights of Mother Earth
Chapter 1 – Objective and Principles
Article 1. (Objective). The present Law has as its objective the recognition of the rights of Mother Earth, as well as the obligations and duties of the Multi-national State and of its Society, to guarantee respect of these rights.
Article 2. (First Principles). The First Principles which govern the current law, and with which compliance is an obligation, are:
1. Harmony. Human activities, in the framework of plurality and diversity, should achieve dynamic balance with the cycles and processes inherent to Mother Earth.
2. Collective Good. Societal interests, in the framework of the rights of Mother Earth, prevail in all human activity and over any other acquired rights.
3. Guarantee of Regeneration of Mother Earth. The State, at its varying levels, and society, in harmony with the common interest, should guarantee the conditions necessary for the diverse living systems of Mother Earth to absorb damages, adapt to disturbances, and regenerate itself without significant alteration to its structure and functionality, realizing that living systems have limits in their abilities to regenerate themselves, and that humanity has limits in its ability to reverse its effects.
4. Respect and Defense of the Rights of Mother Earth. The State and any other individual or collective persons shall respect, protect and guarantee the rights of Mother Earth for the well-being of existing and future generations.
5. No Commercialization. That life systems cannot be commercialized, nor the processes that sustain them, nor form part of the private inheritance of anyone.
6. Multi-cultural. The exercise of the rights of Mother Earth requires the understanding, recovery, respect, protection and dialogue of the diversity of sensitivities, values, knowledge, understandings, practices, abilities, transcendences, sciences, technologies and standards, of all the world cultures that seek harmonious coexistence with the natural world.
Chapter II – Mother Earth, Definition and Characterization
Article 3. (Mother Earth) Mother Earth is the living dynamic system comprised of the inter-related, interdependent and complementary indivisible community of all life systems and living beings that share a common destiny.
Mother Earth is considered to be sacred, as per the cosmologies of the nations of rural indigenous peoples.
Article 4. (Life Systems) They are complex and dynamic communities of plants, animals, micro-organisms and other beings in their entirety, in which human communities and the rest of nature interact as a functional unit, under the influence of climatic, physiographic and geologic factors, as well as the productive practices and cultural diversity of Bolivians of both genders, and the cosmologies of the nations of rural indigenous peoples, the intercultural communities and the Afro-Bolivians.
Article 5. (Legal Character of Mother Earth) In order to be protected and for the teaching of her rights, Mother Earth adopts the characteristics of collective rights of public interest. Mother Earth and all its components, including human communities, are owners of the rights inherently understood in this Law. The application of Mother Earth’s rights shall take into account the specificities and particularities of its diverse components. Those rights established in this Law do not limit the existence of other rights of Mother Earth.
Article 6. (Exercise of the Rights of Mother Earth) All Bolivians of either gender, as part of the community of beings which comprise Mother Earth, exercise the rights established in this Law, in a manner that is compatible with individual and collective rights.
The exercise of individual rights is limited by the exercise of collective rights of the living systems of Mother Earth, any conflict among these shall be resolved in a manner that does not irreversibly affect the functionality of those living systems.
Chapter III – Rights of Mother Earth
Article 7. (Rights of Mother Earth)
I. Mother Earth has the following rights:
1. To Life: It is the right to the maintenance of the integrity of living systems and natural processes which sustain them, as well as the capacities and conditions for their renewal.
2. To the diversity of life: It is the right to the preservation of the differentiation and variety of the beings that comprise Mother Earth, without being genetically altered, nor artificially modified in their structure, in such a manner that threatens their existence, functioning and future potential.
3. To Water: It is the right of the functionality of the water cycles, of its existence and quantity, and the quality necessary to sustain living systems, and their protection with regards to contamination, for renewal of the life of Mother Earth and all its components.
4. To Clean Air: It is the right of the preservation of the quality and composition of air to sustain living systems and their protection with regards to contamination, for renewal of the life of Mother Earth and all its components.
5. To Balance: It is the right to maintenance or restoration of the inter-relation, interdependence, ability to complement and functionality of the components of Mother Earth, in a balanced manner for the continuation of its cycles and the renewal of its vital processes.
6. To Restoration: It is the right to the effective and opportune restoration of its living systems affected by direct or indirect human activities.
7. To live Free of Contamination: It is the right for preservation of Mother Earth and any of its components with regards to toxic and radioactive wastes generated by human activities.
Chapter IV – Obligations of the State and Social Duties
Article 8. (Obligations of the Multi-national State) The Multi-national State, at all its levels and all its territories, and across all its institutions and authorities, has the following obligations:
1. Develop public policies and systematic preventive actions, early alert, protection and prevention, to avoid human activities that lead to extinction of populations, the alteration of cycles and processes that guarantee life, or the destruction of living systems, including the cultural systems that are part of Mother Earth.
2. Develop balanced forms of production and patterns of consumption for the well-being of the Bolivian peoples, safeguarding the regenerative capacities and integrity of the processes and vital balances of Mother Earth.
3. Develop policies to defend Mother Earth, in the environment of multi-national and international over-exploitation of components, against the commercialization of living systems or the processes that sustain them, and of the structural causes of Global Climate Change and its effects.
4. Develop policies to ensure the sustainability of power generation in the long run by means of saving, increases in efficiency and the gradual incorporation of clean and renewable alternative sources of power.
5. Demand in the international arena the understanding of the environmental debt by means of financing and technology transfer of clean technologies that are clean, effective and compatible with the rights of Mother Earth, as well as other mechanisms.
6. Promote peace and the elimination of all nuclear, chemical and biological weapons of mass destruction.
7. Promote the understanding and defense of the rights of Mother Earth in arena of multilateral, regional and bilateral international relationships.
Article 9. (Duties of the Persons) It is the duty of public or private natural and juridical persons:
1. To defend and respect the rights of Mother Earth.
2. To promote harmony on Mother Earth and in all its relationships with the rest of the human communities and natural living systems.
3. To participate in an active form, personally or collectively, in the generation of proposals aimed at the respect for and defense of the rights of Mother Earth.
4. To take up production and consumption practices in harmony with the rights of Mother Earth.
5. To ensure sustainable use and exploitation of Mother Earth’s components.
6. To denounce all acts against the rights of Mother Earth, its living systems and/or its components.
7. To attend meetings of competent authorities or civil society oriented at conservation and/or protection of the rights of Mother Earth.
Article 10. (Ombudsman of Mother Earth). The position of Ombudsman of Mother Earth is created, whose mission is to watch over the applicability to, promotion and diffusion of, and compliance with the rights of Mother Earth established in this Law. A special law will establish its structure, function and attributes.
Remitted to the Executive Agency, for constitutional ends.
Given in the Sessions Chamber of the Multi-National Legislative Assembly, on the seventh day of the month of December, 2010.
Please note that I am not a professional translator.
Comment Feed
6 Responses
Saturday, April 30, 2011
Quebec v. Moses: Canadian Environmental Assessment Act Applies on James Bay Treaty Land
Bulletin - Quebec v. Moses: Canadian Environmental Assessment Act Applies on James Bay Treaty Land
The Supreme Court of Canada recently ruled that a mining project located in territory covered by the James Bay and Northern Quebec Agreement (Agreement) must be reviewed under the Canadian Environmental Assessment Act (CEAA) before Fisheries and Oceans Canada (DFO) can issue an authorization for the destruction of fish habitat under s. 35(2) of the federal Fisheries Act. This is the first Supreme Court decision interpreting the Agreement as a treaty under s. 35 of the Constitution Act and it will have a lasting impact on the interpretation of modern treaties with Aboriginal Peoples in Quebec and elsewhere in Canada.
Background
The subject of the appeal was a proposed vanadium mine in the vicinity of Chibougamau, Quebec (the Project). The Project will involve disruptions to watercourses and lakes in the area, as well as construction of tailings ponds, all of which will result in the harmful alteration of fish habitat. Accordingly, the Project requires a permit under the Fisheries Act before it can proceed. The issue on appeal was whether such a permit would be issued by DFO automatically, following a provincial environmental review process mandated under the Agreement, or whether a separate federal CEAA process would be required. The Court upheld the latter course: the Agreement does not override the CEAA.
The Agreement is a sophisticated, modern aboriginal land claims treaty entered into by James Bay Cree and Inuit communities, the federal government and the government of Quebec in 1975. The Agreement contains provisions for social and environmental impact assessments on treaty lands. The Project is located on lands classified under the Agreement as Category III. Under the Agreement, the Cree have the right to be consulted and to provide input on projects on Category III lands, but do not have a veto right.
The Agreement provides a process for determining whether a proposed project falls under federal or provincial jurisdiction. In this case, all sides agreed that the Project generally falls under provincial jurisdiction. The Agreement sets out a process for a committee to study the project and make a recommendation to a provincial treaty administrator. The administrator makes a recommendation to the Quebec Cabinet, which can accept or overrule the recommendation.
The Supreme Court of Canada recently ruled that a mining project located in territory covered by the James Bay and Northern Quebec Agreement (Agreement) must be reviewed under the Canadian Environmental Assessment Act (CEAA) before Fisheries and Oceans Canada (DFO) can issue an authorization for the destruction of fish habitat under s. 35(2) of the federal Fisheries Act. This is the first Supreme Court decision interpreting the Agreement as a treaty under s. 35 of the Constitution Act and it will have a lasting impact on the interpretation of modern treaties with Aboriginal Peoples in Quebec and elsewhere in Canada.
Background
The subject of the appeal was a proposed vanadium mine in the vicinity of Chibougamau, Quebec (the Project). The Project will involve disruptions to watercourses and lakes in the area, as well as construction of tailings ponds, all of which will result in the harmful alteration of fish habitat. Accordingly, the Project requires a permit under the Fisheries Act before it can proceed. The issue on appeal was whether such a permit would be issued by DFO automatically, following a provincial environmental review process mandated under the Agreement, or whether a separate federal CEAA process would be required. The Court upheld the latter course: the Agreement does not override the CEAA.
The Agreement is a sophisticated, modern aboriginal land claims treaty entered into by James Bay Cree and Inuit communities, the federal government and the government of Quebec in 1975. The Agreement contains provisions for social and environmental impact assessments on treaty lands. The Project is located on lands classified under the Agreement as Category III. Under the Agreement, the Cree have the right to be consulted and to provide input on projects on Category III lands, but do not have a veto right.
The Agreement provides a process for determining whether a proposed project falls under federal or provincial jurisdiction. In this case, all sides agreed that the Project generally falls under provincial jurisdiction. The Agreement sets out a process for a committee to study the project and make a recommendation to a provincial treaty administrator. The administrator makes a recommendation to the Quebec Cabinet, which can accept or overrule the recommendation.
Tuesday, April 26, 2011
Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith
Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith To The Specific Claims Tribunal
Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith To The Specific Claims Tribunal
Federal Justice Minister Rob Nicholson announced the reappointment of Justice Patrick Smith to the Specific Claims Tribunal on November 26, 2010. This decision faces unanimous opposition by the Chiefs of Ontario.
Justice Smith issued the incarceration order against Kitchenuhmaykoosib Inninuwug (KI) Chief Donny Morris, four Councillors, and a citizen (the “KI 6”) who were peacefully defending their traditional territory against unwanted exploration activity by a junior mining company. The First Nations in Ontario believe that his interpretation of the law at the hearing was inconsistent with Section 35 of the Canadian Constitution Act and the United Nations Declaration on the Rights of Indigenous Peoples. On appeal of Mr. Justice Smith’s order the Ontario Court of Appeal later questioned the original sentencing decision and released the KI 6 from their sentences early.
The Specific Claims Tribunal has been established to deliver independent adjudication regarding specific claims which arise from alleged breaches of Treaties, fraud, illegal dispositions or inadequate compensation for First Nations reserve lands.
“The First Nations in Ontario believe that the treatment of First Nation leadership, acting in accordance with their beliefs about their land rights, by Justice Smith is incompatible with the Tribunal’s mandate of independent and culturally-sensitive decision making,” stated Regional Chief Angus Toulouse. “We do not view his appointment as a productive move for the Tribunal and seriously question the Justice’s ability to address First Nations claims in a fair and just manner.”
At a recent meeting of the Chiefs in Assembly the Chiefs passed a resolution setting out their views regarding this matter and such was communicated to federal Justice Minister Rob Nicholson.
Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith To The Specific Claims Tribunal
Federal Justice Minister Rob Nicholson announced the reappointment of Justice Patrick Smith to the Specific Claims Tribunal on November 26, 2010. This decision faces unanimous opposition by the Chiefs of Ontario.
Justice Smith issued the incarceration order against Kitchenuhmaykoosib Inninuwug (KI) Chief Donny Morris, four Councillors, and a citizen (the “KI 6”) who were peacefully defending their traditional territory against unwanted exploration activity by a junior mining company. The First Nations in Ontario believe that his interpretation of the law at the hearing was inconsistent with Section 35 of the Canadian Constitution Act and the United Nations Declaration on the Rights of Indigenous Peoples. On appeal of Mr. Justice Smith’s order the Ontario Court of Appeal later questioned the original sentencing decision and released the KI 6 from their sentences early.
The Specific Claims Tribunal has been established to deliver independent adjudication regarding specific claims which arise from alleged breaches of Treaties, fraud, illegal dispositions or inadequate compensation for First Nations reserve lands.
“The First Nations in Ontario believe that the treatment of First Nation leadership, acting in accordance with their beliefs about their land rights, by Justice Smith is incompatible with the Tribunal’s mandate of independent and culturally-sensitive decision making,” stated Regional Chief Angus Toulouse. “We do not view his appointment as a productive move for the Tribunal and seriously question the Justice’s ability to address First Nations claims in a fair and just manner.”
At a recent meeting of the Chiefs in Assembly the Chiefs passed a resolution setting out their views regarding this matter and such was communicated to federal Justice Minister Rob Nicholson.
Thursday, April 21, 2011
Chiefs: asked for toilets, got pails | Manitoba
Chiefs: asked for toilets, got pails | Manitoba | News | Winnipeg Sun
PAUL TURENNE, WINNIPEG SUN - They asked for bathrooms, or at least porta-potties, and they got five-gallon pails.
Chiefs representing First Nations from the Island Lake area of northern Manitoba held a press conference Thursday to lament Ottawa's response to immediate, short-term help while they discuss how to hook the communities up with running water and proper sewage in the long term.
"They agreed to help us with short-term solutions. Their solutions are slop pails and 45-gallon drums. That's not acceptable," said Chief Dino Flett, of the Garden Hill First Nation. "In some houses, 15 people have to use that slop pail. That's not safe. That's not healthy."
Chiefs from the Island Lake area bands met with Indian and Northern Affairs Canada last ..
PAUL TURENNE, WINNIPEG SUN - They asked for bathrooms, or at least porta-potties, and they got five-gallon pails.
Chiefs representing First Nations from the Island Lake area of northern Manitoba held a press conference Thursday to lament Ottawa's response to immediate, short-term help while they discuss how to hook the communities up with running water and proper sewage in the long term.
"They agreed to help us with short-term solutions. Their solutions are slop pails and 45-gallon drums. That's not acceptable," said Chief Dino Flett, of the Garden Hill First Nation. "In some houses, 15 people have to use that slop pail. That's not safe. That's not healthy."
Chiefs from the Island Lake area bands met with Indian and Northern Affairs Canada last ..
Treaty8- Northern Alberta,Sask.,BC,NWT
Treaty8
On June 21, 1899, the eighth treaty between the Indians of North America and the Queen of England was signed. The signatories of Treaty 8 agreed to its terms for reasons of peace and friendship - ensuring what they thought would be a partnership. Treaty 8 was the most comprehensive treaty, encompassing a land mass of approximately 840,000 kilometers, and is home to 39 First Nation communities. Treaty territory covers the areas of Northern Alberta, Northwestern Saskatchewan, Northeastern British Columbia, and the Southwest portion of the Northwest Territories.
On June 21, 1899, the eighth treaty between the Indians of North America and the Queen of England was signed. The signatories of Treaty 8 agreed to its terms for reasons of peace and friendship - ensuring what they thought would be a partnership. Treaty 8 was the most comprehensive treaty, encompassing a land mass of approximately 840,000 kilometers, and is home to 39 First Nation communities. Treaty territory covers the areas of Northern Alberta, Northwestern Saskatchewan, Northeastern British Columbia, and the Southwest portion of the Northwest Territories.
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