Kahnawake Women Titleholders Against Quebec Super Highway 30 - Part 2
BASIS OF ACTION: WAMPUM 44 OF THE GREAT LAW OF PEACE, KAIANEREH'KO:WA
According to Wampum 44 of the Kaianereh'ko:wa, the Great Law of Peace, we, the Kohtihon'tia:kwenio - Women Title Holders - are the caretakers of the land, water and air of "Onowaregeh" [Turtle Island]; and as trustees, our obligation is to preserve and protect the land for the future generations.
a)WHEREAS the foreign invaders cannot determine our identity. We are Haudenosaunee, Six Nations of Onowaregeh. According to the Two Row Wampum Agreement, it is illegal for colonial institutions like Canada, Quebec, the Mohawk Council of Kahnawake and their agents to violate internationally recognized principles of fundamental justice;
b)WHEREAS the United Nations Declaration on the Rights of Indigenous People has been adopted by a majority of 144 states; international law has affirmed that colonialism is dead, that all Indigenous peoples are to be treated as equals to all other peoples; and we accordingly claim our right to the full enjoyment as collectives and as individuals to all the human rights and fundamental freedoms that have been recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international law, including the right to self-determination and self-government without being subjected to forced assimilation or destruction of ourselves and our culture.
c)WHEREAS respect for our rights is entrenched in the constitution of Canada, the British North America Act, Sections 109 and 132;
d)WHEREAS the Charter of the United Nations has been signed by its members to resolve differences peacefully without using force. According to the July 7th 2008 decision of the Ontario Court of Appeal, the indigenous people have a right to freedom of speech and to demonstrate to protect our lands without hindrance;
e)WHEREAS Canada has ascribed to the internationally recognized standards for respecting political rights of the People as set out in the international Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, the Convention on the Prevention of Genocide, United Nations Convention on Economic, Social and Cultural Rights and other international legal instruments;
f)WHEREAS General Assembly Resolution 1541 (XV) requires the informed consent of the people before they are included in another state; and the international Court of Justice affirmed this Resolution in the Western Sahara case; and the Indigenous people never consented to be part of Canada;
g)WHEREAS Canada must abide by the international law principles that there can be no arbitrary encroachment on Indigenous peoples; ignoring the true Indigenous people is illegal; independent Indigenous peoples' rights must be respected and heeded; and our perspectives on the issues must not be ignored. Canada cannot legally deal with its band council system or other colonial entities on behalf of the true Indigenous People. We are independent sovereign people who must be dealt with as a nation.
h)WHEREAS the Kanion'ke:haka have a constitution. We cannot be governed by foreign laws that we have always resisted and we will continue to resist the usurpation of our territory and resources;
i)WHEREAS states must provide redress for violations of our rights through effective mechanisms; we hereby notify Canada, Quebec, the Mohawk Council of Kahnawake and all their agents that their attempt to build Highway 30 on the said part of our territory is unlawful and will be resisted. They must deal with the Women Title Holders who are the lawful owners of the territory through diplomatic relations.
WE, THE KOHTIHON'TIA:KWENIO OF THE ROTINO'SHONNI:ONWE SEEK TO INFORM YOU THAT THIS IS FULL AND FAIR NOTICE THAT:
Canada, Quebec, the Mohawk Council of Kahnawake and other colonial agents must cease and desist their attempts to violate our authority by building Highway 30; that they must deal with us as a nation as required under both our law and international law; that any individual or foreign entity wishing to discuss any issues between us must provide full information through the proper diplomatic channel, which is the Governor General of Canada, who has a duty to inform us.
We, the Kohtihon'tia:kwenio, brought this matter to the attention of Canada in an action in the Supreme Court of Canada - Kanion'ke:haka Kaianereh'ko:wa Kanon'sesneh v. Attorney General of Canada and her Majesty the Queen in Right of Ontario, Court File: 05-CV-030785. This case in effect acknowledged that Canada has no authority over us and our territory. We remain independent and sovereign.
FOR THE ABOVE REASONS, WE, THE KOHTIHON'TIA:KWENIO OF THE ROTINO'SHONNI:ONWE - IN ORDER TO PROTECT OUR PHYSICAL INTEGRITY AND LEGAL RIGHTS - REQUEST THE FOLLOWING:
1)The Women Title Holders will not tolerate the violations of our constitution, ancient customs, traditions, inherent rights and agreements by Canada, Quebec, the Mohawk Council of Kahnawake and its agents who are attempting to encroach on our territory. The colonists are breaking their own laws by openly desecrating our historic rivers and village sites and burial grounds. At least 8 sites have been found on the proposed route. Natural waterways are being diverted. No valid environmental studies have been carried out.
2)We invite Canada, Quebec, the Mohawk Council of Kahnawake and their agents to resolve our differences in a mature and peaceful way, by rediscovering and brightening the spirit of the Two Row Wampum and the Covenant Chain that began our international relationship centuries ago.
3)Should Canada, Quebec, the Mohawk Council of Kahnwake and their agents continue to breach our rights, we shall take the necessary measures available to us in the international arena to correct the injustices that have been committed against us.
4)It is unacceptable to abuse people on the basis of race, religion, nationality, belief or membership in a particular social group. We invite all members of the colonizing societies to become partners with us to end this cycle of abuse, stop enforcing illegal jurisdiction over us and our territory, halt the illegal construction of Highway 30 and extend dignity, equality and a voice to all peoples.
KANION'KE:HAKA OF THE ROTINO'SHONNI:ONWE:_______________________Karakwine /s/ ________________ Turtle Clan
address - Box 2208, Kahnawake [Quebec Canada] J0L 1B0.
Sent to: All media; Canada, Quebec; Queen Elizabeth II; United Nations, Six Nations Confederacy: Kanion'ke:haka [Mohawks] of Wahta, Six Nations, Tyendinaga, Akwesasne, Kahnawake, Kanehsatake, Ganienkeh and Kanatiohareke; stock exchanges;Ethnoscop; Chateauguay and St. Constant Historical Societies; Cities of Montreal, Chateauguay, St. Constant, Laprairie, Delson, St. Catherine; Governor General of Canada; Minister of Indian Affairs.
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