Event

Report:
Genocide of
Indigenous Peoples
in Western
Countries
Carried out by: AIDHDES

(international association
for Human Rights and
Social Development)
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Content

I. Introduction 02

II. Event panelists 03

III. About AIDHDES 05

IV. Event report 06

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INTRODUCTION
The realization of this document responds to
the desire of our organization to continue inves-
tigating and researching the problems faced by
indigenous communities not only in Canada,
but also in other Western powers such as the
United States and Australia. For this purpose of
we hosted an event took place to discuss how
genocide has directly and indirectly affected
these countries, analyzing them critically, objec-
tively and in favor of the human rights situation
of these communities. The contributors to this
report are representatives from different sectors
of civil society, national, regional and local aca-
demia, and cooperation organizations, among
others.

AIDHDES (International Association for Human

Rights and Social Development), in collabora-
tion with COSI (International Solidarity Commit-
tee) and supported by the various diplomatic
missions to the Human Rights Council, organi-
zed a parallel event to the "49th regular session
of the Human Rights Council".

On March 18 of this year, a side event was held

at the 49th regular session of the Human Rights
Council, which addressed the genocide of
indigenous peoples in Canada, the United
States and Australia. Experts and representati-
ves of ethnic groups explored the human rights
situation of these indigenous communities, and
how genocide has transcended in various ways
from its conception to the current situation of
these population groups.
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EVENT
PANELISTS
ALFRED DE ZAYAS
Alfred de Zayas studied history and
law at Harvard and currently teaches
international law at the Geneva School
of Diplomacy. In 2009 de Zayas was a
member of the UN workshop that pre-
pared a report on the human right to
peace, which was later discussed and
developed by the Human Rights Coun-
cil Advisory Committee. In 2012 he
was appointed by the UN Human
Rights Council as an independent
expert for the promotion of a democra-
tic and equitable international order.

TIAN LI
Associate Professor at ShanDong Uni-
versity, Doctor of Law from the Faculty
of Law of the University of Vienna in
Austria. His research interests mainly
include basic theory of international
law, international conflict resolution,
international human rights law and
international humanitarian law.
 5

SETH LEFORT
Representative of the indigenous com-
munities in Canada. He is an Aborigi-
nal Canadian from Los Mohawks, he
has led several meetings and repre-
sentation among indigenous peoples
in the North American country.

RAY MINNIECON
Indigenous pastor with roots in the
Kabikabi and Gurang-Gurang tribes of
Queensland. A statesman living in
Sydney, he has dedicated his life to
supporting members of the 'Stolen Ge-
neration' in Australia.
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About AIDHDES
The International Association for AIDHDES has also intervened before
Human Rights and Social Develop- states, advocating and defending the
ment (AIDHDES) is an NGO based in fundamental rights of the most vulnera-
Geneva (CH), founded in 2020. Con- ble people in society. We speak here of
cerned about the current human rights indigenous peoples and minorities,
situation in countries such as Brazil, social leaders, human rights defen-
Colombia, Ecuador, Honduras and ders, persecuted people and political
Venezuela; its members took the initia- prisoners, alternative journalists and
tive to create AIDHDES to work on the children who are victims of gross
promotion and protection of human human rights violations. The associa-
rights in these countries. tion aspires to consultative status with
the UN ECOSOC in the near future, in
Subsequently, they had the desire to order to be able to work more deeply
expand their work to analyze the and actively in the field of human
human rights situation, not only in the rights.
aforementioned countries, but also in
the countries of the North, which gene-
rally enjoy a stable and strong socioe-
conomic and political situation. This is
because in all countries, although tradi-
tionally powerful, there are problems
that also deserve to be addressed in
the international framework.

AIDHDES has been collaborating with

other NGO partners in Latin America
and Europe in the field of human rights.
Likewise, it has similary worked with
the ONU Special Procedures and has
spoken in international events such as
the United Nations Social Forum and
more Furt hermore Nations Human
Rights Council Sessions through
high-level side events, addressing fun-
damental problems such as: unilateral
coercive measures, extrajudicial exe-
cutions, lack of independence of
judges, child abuse, discrimination of
immigrants, among others.
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EVENT
REPORT:
Genocide of
indigenous peoples
in western
countries
 8

DEVELOPMENT
Genocide is a term that has been the above, we can say that the
repeatedly used in different areas of indigenous peoples have lived this
social research: anthropology, history, barbarism since the colonizers set foot
political science, psychology, sociology, on their lands, killing them in many
among many others; in many cases, ways, eradicating, yes, their lives, but
analyzing it from a Western point of view, also their beliefs and culture.
ignoring hundreds of instances
systematic extermination. Cases such More than 400 years after the conquest
as the Holocaust have been thought of of the American continent and with a
as the greatest genocide that has social, economic and political division in
occurred in (recorded) history; We all the territory comprised in the hemis-
lament daily the more than 18 million phere of South America, Central Ameri-
victims of the concentration camps. But ca and North America. This last place is
we often forget another tragedy that the location of two of the most important
perhaps killed even more people. The powers in the world: Canada and the
annihilation of indigenous people on the United States. One would think their
American continent is estimated, impressive achievements could be
according to several historians, in more translated into advances such as the
than 50 million people killed by the protection of individuals in their nations.
various conquests that took place in the However, in regards to the question of
territory. Now beyond trying to define the the systematic violation of rights of the
genocide of the indigenous peoples or to continent's indigenous peoples, there is
know the implications of this, who are we a deafening silence towards these com-
talking about when we refer to the munities who, let us remember, were the
figures, to the victims of this attempt of ones who built the roads so that we
cultural, social or political eradication? could all travel the world.
And more especially: what strategy has
been employed by governments to try to Focusing on this last point and on the
repair the descendants of these ways in which the countries of Canada,
communities? the United States and Australia ensure
the protection of aboriginal communities,
According to the 1998 Rome Statute, we find some quite significant shortco-
genocide includes acts aimed at the total mings in various aspects such as:
or partial destruction of a national,
ethnic, racial or religious group. Acts that
may constitute genocide include: killing,
causing serious physical or mental
harm, subjecting victims to conditions
that could physically destroy them, such
as forcing them to leave their homes or
denying them food, deterring the group
by sterilizing members at birth, and
transferring children to another group,
among other practices. So, according to
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Indigenous
peoples have been
murdered in
multiple ways
Canada has not yet signed ILO Conven-
tion No. 169 on Indigenous and Tribal
Peoples.

All discriminatory implications of the

Indian Act of 1876 must also be
abolished in order to eliminate the
OTHER FORMS
OF GENOCIDE

historical discrimination that still persists.

There are 400 indigenous communities

that are not recognized at the federal
level.

There are no guarantees that indigenous

peoples will be able to participate in
decision-making in all matters affecting
them.

Australia has not signed ILO Convention

No. 169 on Indigenous and Tribal
Peoples.

Racial discrimination is pervasive in

Australian society. In the face of this, the
Government has not provided effective
redress for past discrimination, nor for
the inequalities, disadvantages and
segregation suffered by indigenous
peoples in the present.
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9

Based on the above, we find a series of

worrying data, in terms of public and consti-
tutional policies, in order to first recognize
the existence of these communities and
thus legislate in their favor. From AIDHDES
we wonder what happens then with the
descendants of a massacred people, how
could the states repair part of the damage
caused to these indigenous peoples?

Faced with this situation, it is important to

recognize that the heritage of these coun-
tries is rooted in the colonial and European
domination that has been maintained since
the beginnings of time of contact. Indige-
nous peoples, in these countries, live the
vestige of discrimination that translates into
poverty, insecurity and lack of rights that
these communities suffer.

It would seem then that the countries of

Canada, the United States and Australia
establish a kind of apartheid against their
native peoples, leading them to carry out
their economic, educational or social leisu-
re activities as members of a different
society. Although one could conceive of
2

these indigenous communities through the

lens of cultural relativism, it should also be
done from a political perspective, therefore
making it important to question the solu-
tions offered by these countries.

1 Apartheid was the system of racial segregation in South Africa and Namibia. This system of racial segregation consisted
of the creation of separate living, study and recreational facilities for different racial groups, the exclusive power of the
white race to vote and the prohibition of marriages or even sexual relations between whites and blacks.

2 Cultural relativism is established as an anthropological current that establishes that each culture has its particularities
and that none is superior to another. Therefore, the study of communities must be established within their own
idiosyncrasies.
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How the U.S, Canada and Australia have

protected their indigenous peoples

Australia expressed its support for

the UN Declaration on the Rights of
Indigenous Peoples.

However, it has not yet made the

commitment.

In 1997, the Wet'suwet'en and This jurisprudence should be

Gitxsan hereditary chiefs won a extended to all other
landmark ruling in the Supreme indigenous peoples, as a state
Court of Canada, with all nine policy that guarantees the
justices upholding the human rights of First Nations.
existence of
post-Confederation aboriginal
title.

So far, the United States has ratified only five human

rights treaties. They are : What happens then with
The Genocide
International Covenant
on Civil and Political
native peoples, and how are
Convention
Rights The two optional they covered constitutionally
protocols to the
Convention on the and legally by the United
International
Convention against
Rights of the Child States?
Convention on the
Torture
Elimination of All
Forms of Racial

According to the above, these countries do not have international

guarantees for their aboriginal citizens, so how, beyond international
promises, do they act in favor of these communities?
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Focusing only on the case of the United States, AIDHDES believes that the
United States has systematically robbed Native Americans of their rights through
austere policies and discrimination. The right to life, their social and economic
rights, while these communities are physically and culturally seeking to recover
them.

The native population fell from

5 million to 237,000
at the beginning of the last
century

USA 19TH CENTURY

20TH CENTURY
B
AND LATER

0 1000000 2000000 3000000 4000000 5000000

ESTADOS UNIDOS
According to findings in 2021, mass
graves have been found in Canada
of what are believed to be children
belonging to indigenous boarding
school.

CANADA ESTADOS UNIDOS

The 'Stolen Generations' is

a term used to describe those
children of Australian Aboriginal
people who were abducted
from their families by the
Australian government and
some Christian religious
AUSTRALIA
missions.
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These three countries employ different methods of chronic and systemic racism, which is perpetua-
ted to this day. Indigenous peoples are left far behind in terms of political, economic and cultural
rights, lagging behind in these basic aspects for a society as active as ours. However, the debt
owed to these aboriginal communities is historical and goes back as far as the discovery of the
American continent.

As explained above, the indigenous communities have been murdered in multiple ways: genocide
was the constant for many years, as explained by the independent expert for the United Nations,
Aldred de Zayas. During the European colonization, the European colonists, besides usurping the
treasures that inhabited these lands, brought with them a series of viruses that ended up killing the
indigenous communities settled in the territory: turning the settlers into biological weapons. But
beyond the implications that this had, it is the way the narrative tables were turned.

Zayas, in the middle of a remembrance explains this phenomenon that has been repeated histori-
cally and that since his childhood that being a Native American was something perjorative: "you can
not go back", some will think. But in essence this particularity has marked the history of these com-
munities, as for example the way in which he portrays the westerm.

“(...) When I was a high school student

in Chicago, I never heard any of this; of
course, we had comic books, movies,
cowboys and Indians, of course the
cowboys were always the good guys
and the Indians were the bad guys, that
much is clear.”
 OBSTACLES TO
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In the case of the United States, it is impos- RESPECTING THE

sible to fully guarantee the territorial legal
security of the First Nations, since the fede-
RIGHTS OF
ral government does not have laws in place INDIGENOUS
for the protection of the sacred and cultural
sites of indigenous peoples, in which their
PEOPLES IN THE U.S.
worldview and the meaning they give the
world can be reflected upon. And this is one
of the many pieces that this nation lacks,
because there is still a long way to go on
this. How can we ensure that indigenous
peoples have full access to redress for
violations perpetrated on their lands and
territories and against them?
U.S. rejection of
Legal expert Tian Li refers to the U.S. case treaty standards
as a "bicameral federal" state, as the federal
government lacks constitutional power to
legislate in the area of criminal law, or when
an executive government signing a treaty The country constantly declares itself
under reserve (citing the First Amend-
cannot secure passage of legislation throu- ment). This is a way in which no
responsibilities are assumed.
gh an upper house or through cooperative
agreements with subnational governments.
What does this suggest then? The expert
stresses the need for laws that give indige-
nous peoples guarantees of sovereignty,
since in his words:
legal and political
culture of the country

Being true to the collective individuality

works as long as it is for the benefit of
the community. In the case of the U.S. it
is only to free its leaders from responsi-
bility

“(...) the true purpose of the Act is,

through the principles of territoria-
lity and nationality, to protect its U.S. violation of
own nationals from foreign prose-
cution when they commit genocide
treaty norms, and
in the U.S. or abroad.” the United States
has violated
In these areas, including the rights of
indigenous peoples, of course, the
United States should fulfill its internatio-
nal commitments without delay.

Against this backdrop, Li explains that the

U.S. faces a number of major obstacles to
the recognition of indigenous peoples as
rights-bearing members in the first place.
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Now, the case of Canada is not very different from that of the United States, since, as explained above,
human rights violations against ethnic groups are carried out systematically in the same way. This makes
them vulnerable subjects, due to the racist and discriminatory practices of organizations and public
entities. There is no "Integral Plan" to combat all forms of discrimination against indigenous peoples, so
that they can concretely improve the living conditions of aboriginal peoples and guarantee the fullness of
all their rights.

Seth Lefort is the Representative of the indigenous communities of Canada. He makes an inductive analy-
sis of the current situation that Russia and Ukraine are going through, with respect to the sanctions that
are being applied on the country led by Vladimir Putin due to the invasion of the neighboring country.

“(...) I have been very aware of the sanctions that the world has placed on Russia, for the invasion that
this country is currently committing in Ukraine and I thought it was very interesting, because it is very
similar to what they did to us: they sanctioned us in every possible way. We are literally the most
sanctioned people in the world because we are not even allowed to have or create relationships with
other indigenous communities that are in the US. We are so sanctioned that Canada doesn't recognize
our brothers and sisters from our own nations.”

Canada then requires the implementation of development projects that, according to Lefort, allow the
integration of indigenous communities as members of a proactive society: economically, socially and cultu-
rally speaking. The Indigenous Peoples' Representative makes the analogy that Canada, in particular, is
a human rights advocate and offers to the world an image of an inclusive country and defender of the
good, but in fact this is not the case. Why the eradication of these communities in the past?
Last year a mass grave was discovered with what is presumed to be the bodies of 215 indigenous children
in Canadian territory. In the past, these were members of boarding schools, also called Manual Labor
Schools, where children were used to do work that no one likes, such as moving things or plowing land.
The ignominy that the children went through is just one more attempt at genocide, since as Lefort said,
"they tried to eradicate our culture and language to erase who we are and change the relationship we have
with our lands, for the resources they want."

“(...) I want to declare that indigenous peoples are not foreigners in their nations. They are the original
inhabitants. They have a connection to the land, the waters and the skies beneath the indigenous lands.
No legislation has taken that away from us, we are sovereign of our countries.”

The above was expressed by Pastor Ray Minniecon, who is a descendant of the Kabi Kabi and Gurang
Gurang nations of South East Queensland, Australia. Ray is also a descendant of South Sea Islanders
with connections to the people of Ambrym Island and Pentecost Island. And his country has turned its back
on him, but he is not alone, Australia has silenced hundreds more indigenous communities.
"Bringing them home" was a 1997 Australian report on the National Inquiry into the removal of Aboriginal
and Torres Strait Islander children from their families. The report concluded that the forcible removal of
indigenous children had been genocidal in nature and constituted a crime against humanity for which
redress should be provided under international law.
Pastor Ray, comments that those who are considered part of the 'lost generation' in Australiahey also paint
themselves as 'no man's land', in their words: "since the government has long seen us as not part of the
human race". Looking like an outsider on their land is something the Australian government is constantly
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doing. According to figures shared by Pastor Ray, 27% of the Australian prison population are members of
indigenous peoples and in the case of the young prison population, it is speculated that close to 50% of
these adolescents are indigenous.
In view of the many problems faced by these ethnic groups on the oceanian continent, a series of guideli-
nes have been proposed, such as the aforementioned "Bringing them home", to which is also added ano-
ther: "The Makarrata Commission", which according to Minniecon is as follows:

“(...) Makarrata commission means "of the truth commission", of healing the wounds that the conflict
caused. We are talking about a truth commission investigating the history of our Aboriginal people in
Australia. That's what we want, because we don't exist. Because we have no treaty even with our
settlers. We want recognition of laws. We want education rights, housing rights. Freedom of human
rights.”

Pastor Ray invites us to return to this convention of genocide, to reevaluate the multiple ways in which
aboriginal communities are executed from the eradication of their cultures, their languages, their freedo-
ms. It is important to rethink the shortcomings and demands of these social actors, one of the small ways
to mitigate the acts committed against them.

From AIDHDES we propose the following points in order to find ways to repair the native peoples of
Canada, the United States and Australia. In such a way that the governments themselves adapt measures
and give certainty to these communities that they will enjoy the fullness of their rights, through some points
that will be named below.

In the case of Australia, it is recommended that the country review its Constitution without delay, in order
to recognize the rights of indigenous groups and Torres Strait Islanders, in accordance with the call made
in the Uluru Heartland Declaration. It is essential to analyze the specific case in which the forced removal
of indigenous children was genocidal in nature and therefore constituted a crime against humanity for
which reparations should be made under international law.
In view of this situation, it is recommended that a true audit of the historical grievances committed against
the indigenous peoples be carried out, in order to establish a national reparation mechanism, including a
compensation scheme for the victims of the "stolen generation".
3

3In the 2017 Heart of Uluru Declaration, it was proposed to establish a Makarata Commission to oversee the
process of reaching an agreement between the government and indigenous peoples on these events and finding
the truth.
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As we have repeatedly commented on the situation of indigenous peoples in Canada, AIDHDES invites
the Government of Canada to adopt a comprehensive plan to combat all forms of discrimination against
Aboriginal peoples, in order to put an end to human rights violations against them. We also recommend
the adoption of effective legal measures to combat violence against women, especially indigenous
women, and to bring those responsible to justice.
An optimal solution to the above would be to organize a follow-up visit by the Special Rapporteur on the
rights of indigenous peoples to measure the progress made, especially in relation to missing and murde-
red indigenous women.
Finally, in the case of the United States, the government of this country is urged to apply the United Nations
4
Declaration on the Rights of Indigenous Peoples, as it committed to do in the second cycle of the UPR .
As well as to incorporate its provisions into national policies and laws. To fully guarantee the legal security
of indigenous peoples, it is therefore recommended that the United States conduct a comprehensive envi-
ronmental impact assessment of infrastructure projects and require a full report on the environmental and
socio-cultural impact of industrial projects, as well as the legal status of the land.

Finally, we would like to thank the various missions that attended the event. Our eternal gratitude.

4 During the second cycle of the UPR, the U.S. was recommended to sign ILO Convention 169 on Indigenous and
Tribal Peoples, but has not yet done so.