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Traditional medicine

Experimentation with substances that modify consciousness within a clinical and mental exploration framework developed in the first half of the 20th century.  However, the international position adopted with the Single Convention on Narcotic Drugs of the UN (1961) and the war on drugs of the Nixon administration (1969-1974) contributed to a widespread social and political rejection of psychoactive substances, although this position was always strong in the United States, as shown by the popular film “Reefer Madness” (1936). 

 

This misunderstanding of the experiences of modification of consciousness induced with psychoactive substances was extended to the use of the coca leaf by indigenous peoples, with the adoption of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). On the other hand, the listing of molecules such as mescaline and DMT among illicit substances, in accordance with the 1961 Convention and its 1972 protocol, and the 1971 Convention on Psychotropic Substances, has created ambiguity about the international legal status of drugs. spiritual traditions of indigenous peoples that include plant species that contain such molecules. 

 

Faced with this situation, Maloca Internationale reminds that los items 24 y 31  of the UN Declaration on the Rights of Indigenous Peoples and the article 25 of the ILO Convention 169 on Indigenous and Tribal Peoples of 1989, recognize the use of medicinal plants and traditions of indigenous peoples, and this includes those practices and substances with psychoactive components. We have participated in the negotiations of the resolutions on drug policy of the Human Rights Council and their respective studies, as well as in theUNGASS 2016, where we have reached language that goes in the direction of our lobbying. See for example: 

 

“According to article 18 of the International Covenant on Civil and Political Rights, religious minorities and indigenous peoples have the right to express their own freedom and beliefs. It has been indicated that this includes, in some cases, the use of controlled substances in religious and ceremonial practices when there are historical grounds for doing so (see A/HRC/30/65). The right of indigenous peoples to use controlled crops, such as the coca leaf, in their traditional cultural and religious practices is also supported by the United Nations Declaration on the Rights of Indigenous Peoples (arts. 11, 24 and 31) and the Indigenous and Tribal Peoples Convention, 1989 (no. 169) (arts. 3.2, 5 a) and 23)…See…the presentations of Maloca International…”.

  

Source: “Implementation of the joint commitment to address and counter the world drug problem in relation to human rights” A/HRC/39/39, September 14, 2018, paragraph 70. 

ONU

UN

With a differential approach, we support the access of civil society and indigenous peoples in the institutional framework of the United Nations Organization: Treaty Bodies, Human Rights Council, Office of the High Commissioner for Human Rights (OHCHR), special procedures, International Organization of Labor (ILO), World Intellectual Property Organization (WIPO) and Economic and Social Council (ECOSOC) in New York. 

 

In the Treaty Bodies, we present reports and manage the presence of delegates from civil society and indigenous peoples. These bodies have been created to evaluate the States that have signed the different UN treaties: Convention on the rights of children, women, persons with disabilities, against torture, against forced disappearances, for the elimination of racial discrimination, the Pacts of civil and political, social, economic and cultural rights. We can transmit information to the OHCHR and also get in touch with the rapporteurs and specialized working groups, such as the rapporteur on Indigenous Peoples, against violence against women and girls, the working group on business and human rights. At WIPO, we bring the voices of civil society and indigenous peoples to the Committee charged with drafting international instruments on indigenous intellectual property. At ECOSOC we participate in the Permanent Forum on Indigenous Issues in New York.

 

The Administrative Council of the ILO is responsible for receiving allegations of non-compliance with Convention 169 on Indigenous and Tribal Peoples. To send a complaint, it is necessary to go through a union that can transmit it to the Council. This problem regarding the participation of indigenous peoples has been present since the 1988 and 1989 negotiations that led to the adoption of the Convention, and was evoked in 2014, at the seminar held to celebrate the 25th anniversary of the Convention, where we were present (more information about the seminar). Although this union mediation is essential to reach the Board of Directors, it is possible to access the Gender, Equality, Diversity and Inclusion Service, to obtain advice on particular cases related to ILO Convention 169

derecho humanos

Human rights

Human rights in Latin America

With a differential approach, we support the access of civil society and indigenous peoples in the institutional framework of the United Nations Organization: Treaty Bodies, Human Rights Council, Office of the High Commissioner for Human Rights (OHCHR), special procedures, International Organization of Labor (ILO), World Intellectual Property Organization (WIPO) and Economic and Social Council (ECOSOC) in New York. 

 

In the Treaty Bodies, we present reports and manage the presence of delegates from civil society and indigenous peoples. These bodies have been created to evaluate the States that have signed the different UN treaties: Convention on the rights of children, women, persons with disabilities, against torture, against forced disappearances, for the elimination of racial discrimination, the Pacts of civil and political, social, economic and cultural rights. We can transmit information to the OHCHR and also get in touch with the rapporteurs and specialized working groups, such as the rapporteur on Indigenous Peoples, against violence against women and girls, the working group on business and human rights. At WIPO, we bring the voices of civil society and indigenous peoples to the Committee charged with drafting international instruments on indigenous intellectual property. At ECOSOC we participate in the Permanent Forum on Indigenous Issues in New York.

 

The Administrative Council of the ILO is responsible for receiving allegations of non-compliance with Convention 169 on Indigenous and Tribal Peoples. To send a complaint, it is necessary to go through a union that can transmit it to the Council. This problem regarding the participation of indigenous peoples has been present since the 1988 and 1989 negotiations that led to the adoption of the Convention, and was evoked in 2014, at the seminar held to celebrate the 25th anniversary of the Convention, where we were present (more information about the seminar). Although this union mediation is essential to reach the Board of Directors, it is possible to access the Gender, Equality, Diversity and Inclusion Service, to obtain advice on particular cases related to ILO Convention 169

grupo intergubernamental

Intergovernmental Group on Transnational Corporations and Human Rights

Binding international instruments, such as conventions or treaties, affect the life of the seven socio-cultural regions of the planet, since, despite abstentions, they are usually adopted and ratified by States around the world. An exception to this trend is, unfortunately, Convention 169 of the International Labor Organization on Indigenous and Tribal Peoples of 1989, which has only been adopted by 24 States, concentrated in the Central and South American region._cc781905-5cde-3194 -bb3b-136bad5cf58d_

 

Since 2015, the UN has been negotiating a new international treaty on Transnational Corporations and Human Rights. These negotiations take place in a specific intergovernmental group, which is complemented by a forum where negotiations take place but which allows contact between different stakeholders in a more informal space.    

 

Maloca Internationale is active in the Forum and in the Intergovernmental Group, with the aim of ensuring recognition of prior, free and informed consultation, culturally adapted, of indigenous peoples. This mission has been manifested in our intervention during the third session of the working group, which began negotiating the first draft of the future agreement, in October 2017. Read our intervention on: DUE DILIGENCE AND CULTURALLY ADAPTED CONSULTATIONS.

declaracin delcaucus

Indigenous Peoples Caucus Statement  

The Indigenous Caucus gathered in the City of Geneva from November 25 to 28, 2018, in the  framework of the United Nations Forum on Business and Human Rights, with  representation of various indigenous peoples of the world, we were able to confirm that   non-compliance by states with the basic principles of international law , such as self-determination, respect to the exercise of self-government, el  compliance with the fundamental right to consultation and prior free consent e  informed, respect for the ancestral territories in which the communities live, the right  of our own forms of economic, social and cultural development, to protect our struggles for better It is decent living conditions.  

It was also evident that the companies, relying on the apathy and indifference of the state bodies, called to guarantee rights, continue to violate the fundamental rights to the consultation. and prior free and informed consent. 

In this Indigenous caucus, we pay tribute to all the leaders of our  peoples, who have been systematically criminalized, threatened and persecuted,  even killed, as a result of the defense they make of their territories, of the right  to the exercise of self-government in a context of the imposition of extractive projects,  energy and agroindustry._cc781905-5cde-3194 -bb3b-136bad5cf58d_

For these and many reasons, the Indigenous Caucus, we have agreed to the following demands that: 

States to. comply with their obligations to recognize the status of indigenous peoples around the world  who live in their territories and to guarantee and apply the international regulatory framework , including the rights recognized in ILO Convention No. 169, the United Nations Declaration on the Rights of Indigenous Peoples, as the right to self-determination; to their lands, territories and natural resources; to their cultures and spiritual beliefs; to its own government and its customary rights , its own forms, practices and protocols to implement consultation and free, prior and informed consent; b. promote the full participation of peoples in all design stages,  conduct, validation and verification of impact assessments on human rights . These evaluations must take into account the economic, social, environmental, and cultural_rights of indigenous peoples; c. pay special attention to the dimensions of macro-regional infrastructure  projects and their cumulative and irreversible impacts on the human rights  of indigenous peoples in multiple countries; d. ensure that companies respect the rights of indigenous peoples, including  in their due diligence, and that states fully address the concerns of  indigenous peoples when developing and implementing National Action Plans , this implies:

• strengthening of judicial and administrative mechanisms, including  through the training of judges and those responsible for developing policies  on the rights of indigenous peoples;_cc781905-5cde -3194-bb3b-136bad5cf58d_

• effective follow-up and implementation of the recommendations of the OECD National Contact Points (NCPs)  and other complaints mechanisms,  including the recommendations of the Working Group on Business and  Human Rights; 

• establishment of redress mechanisms for violations that occur  both within state borders and for violations committed extraterritorially by corporations registered in their jurisdictions. 

Companies, including private investors, throughout the supply chain  

a. respect the rights of Indigenous Peoples, whether or not they are officially recognized b. assume their responsibilities and consistently implement rigorous, transparent, and effective due diligence processes regarding the individual and collective human rights  of indigenous peoples, including the rights  territorial, cultural and self-government and consent, free, prior and informed . 

International financial institutions, national and multilateral banks 

through its socio-environmental safeguards, require companies to fully comply  with the Guiding Principles of Business and Human Rights and the minimum standards  enshrined in the Declaration of the United Nations on the Rights of  Indigenous Peoples before financing projects likely to affect ancestral  territories and during their implementation._cc781905-5cde-3194-bb3b-136bad5cf5cf58d_

 

All the actors mentioned with interests that remain to affect the ancestral territories 

a. protect and respect the rights of indigenous women and prevent the impacts of   business activities, since they are the ones that guarantee the continuity of our peoples and their greatest vulnerability.  

b. refrain from implementing projects in conflict zones that put at risk the physical and cultural survival of indigenous peoples and the integrity of their territories c. refrain from implementing projects that affect the peoples in initial contact y  voluntary isolation. 

d. adopt policies of zero tolerance for acts of violence, militarization,  criminalization and labeling as terrorists, threats and accusations of  indigenous communities and human rights defenders_cc781905-5cde -3194-bb3b-136bad5cf58d_

Finally, we demand that the United Nations, including the Working Group on  Business and Human Rights, make visible and promote the recommendations here  included in all the spaces of its actions and with all the actors, and that they ensure y  expand the spaces for participation of indigenous peoples in the Forum.

We cannot speak of peace if we are violating Mother Earth, the woman, the giver of  life. We declare from the heart of our territories that we will continue in their defense  because our survival is that of humanity itself.

libr dterminacion

Free expression and determination

Self determination

Self-determination is a right that can be understood from an individual and/or collective perspective. This right refers to the capacity of the individual to exercise his freedom in society and against the State, and to the possibility of peoples to decide on their political organization and economic development. Based on self-determination, our NGO works for the freedom of individuals to express themselves and seek the type of experiences they freely choose for their existence, including their ways of healing themselves and the modification of their consciousness through psychoactive substances._cc781905- 5cde-3194-bb3b-136bad5cf58d_

 

Likewise, self-determination refers to the territories where peoples develop their existence, with the inherent right to decide on their political organization and economic priorities on these territories. This right is concomitant with prior, free and informed consultation when said territories are within the larger limits of a state entity, and implies respect for particular forms of culture, which may include the use of psychoactive substances.  

7regiones

7 socio-cultural regions

Forum on Business and Human Rights

According to the UN Permanent Forum on Indigenous Issues in New York, the seven indigenous sociocultural regions of the planet are: 

Africa

Asia

Central and South America and the Caribbean

North America

The Artic

Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia

The Pacific. 

 

In Africa, we are following the situation in Niger, where the exploitation of uranium by France compromises the health of the native population (See: parallel report at el CERD – Niger 2015 ). Western Sahara concerns us as an exemplary case of the right to self-determination denied by an occupying power (see: Parallel report in the CDESC)

 

In Asia, we work on the case of the city of Sinjar, attacked by the Islamic State in 2014. In alliance with local organizations, we present the   Parallel report on Iraq in the_cc781905-5cde-3194- bb3b-136bad5cf58d_CERDIn the UN minority forum in 2018, we organized together with local organizations a panel on the case of stateless Kurds.  The situation of minorities in Syria and Iraq has been addressed in the 2016 minority forum, and the case of minorities in Iran addressed in the 2017 Forum and in the Human Rights Council.

 

In Central and South America and the Caribbean, the Amazonian and Andean  peoples specialize in particular in traditional medicines such as Ayahuasca and Tobacco (seeour item). As you can see in our section on the rights of indigenous peoples, in this socio-cultural region we have focused on free, prior and informed consultation, including such plants when relevant. In the Colombian Amazon, we have a civil society nature reserve project, and we have dealt with the defense of the rule of law in Colombia, Venezuela and Brazil (see the “our work” session).  

 

In North America, where the ritual use of peyote takes place, we have worked together with the Wixarika Union of Ceremonial Centers to assert the cultural heritage character of the Wirikuta desert, where peyote is an endemic species._cc781905-5cde -3194-bb3b-136bad5cf58d_

 

Finally, we support the regulation of access to different medicines developed by the peoples of the seven socio-cultural regions of the planet in the globalized world. In Switzerland, we spread the efforts of the Mos-Espa association in the study of the responsible use of psilocybin mushrooms native to this region, by people interested in exploring modified states of consciousness through suitable mushroom species for it.

events

eventos

most outstanding

With the aim of disseminating in the local Geneva and the canton the discussions that take place within the UN, we have established a cooperative relationship with Mos-Espa, an association of wide recognition in Geneva, dedicated to carrying out artistic and festive activities. Thanks to Mos-Espa, we have carried out awareness-raising activities about the Mechanism of Experts on the Rights of Indigenous Peoples MEDPI, a specialized body of the Human Rights Council. 

  

Since 2018 we have installed, in conjunction with Mos-Espa, an intercultural tipi in the Plaza de Naciones, as a parallel activity to the regular sessions of the EMRIP. In that year, every day, from July 9 to 13, we held the circle of words  KUBUN ISTYSUKA, where Genevans were able to meet representatives of the planet's indigenous peoples, in the framework of dialogues and crystal glass concerts and other ceremonial music. Among the indigenous representatives who have participated in this space during the following years, we have marakames from the Wixarika (Huichol) people of Mexico, who have also brought us their music, with a representation of the MAIS (Indigenous and Social Alliance Movement of Colombia), to draw attention to the murders of indigenous leaders, peasants, and environmentalists in Colombia since the signing of the peace accords in 2016. At the time, 1,065 people had been murdered (December 2020)_cc781905-5cde-3194-bb3b- 136bad5cf58d_

 

To celebrate the summer solstice and the beginning of the half-year session of the Human Rights Council in 2021, we organized a drum circle, with the installation of a tipi and a haima (traditional house of the Saharawi people, in Western Sahara) in the Plaza de Nations. The drum is a ritual instrument used worldwide by many indigenous peoples to connect with the earth. In Europe, for example, the Sami people use it in Norway, Sweden and Finland. In Switzerland there is a centuries-old tradition linked to drum sounds in Basel.

 

In environmental policy, we have done drum circles to show our support for the conference of the parties to the united nations convention on climate change. In our latest events, we have highlighted the adoption by the Human Rights Council of resolution 48/13 in October 2021, which recognizes the right to a healthy, clean and sustainable environment as a human right. This human right has been recognized through the adoption without opposition by the UN General Assembly on July 28, 2022 (resolution A/76/300).

 

Maloca Internationale Project – Maloca Internationale

https://malocainternationale.com/maloca-internationale-project/

Articles

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Prior, free and informed consultation

Prior, free and informed consultation is a right of indigenous peoples when any administrative measure or infrastructure project may affect their territory. Such right is recognized in Convention 169, in the Declaration of Rights of Indigenous Peoples, and by internal regulations in the countries that have adopted Convention 169.  The implementation of this right has been full of problems, originating in the lack of will to make the consultations. When these take place, the relation of forces is usually against the indigenous peoples. This is because the times, mechanisms and budget involved in the consultations put indigenous peoples at a disadvantage, compared to companies, the State and the temporary management that can be used against them. 

 

With the purpose of seeking to balance the relationship of forces, we propose to include the use of sacred plants during the consultations. This idea arose from the results of a previous consultation experience in the department of Putumayo (Colombia). The community of the Bellavista reservation, on the Putumayo River, held a consultation with the Amerisur company, which was planning to carry out oil exploration in the region. The use of sacred plants among the community allowed for a consolidated position of the indigenous people against the company, and opposition to the project was expressed. However, our idea is to use these plants in meetings with companies and the State, and not just before them.  

 

At the UN, we have accompanied a delegation from the Wirarika people busy protecting the Wirikuta reserve in Mexico, where peyote is endemic. We presented this case to the Committee for the Elimination of All Forms of Racial Discrimination in 2019, which issued the following recommendation: “The Committee recommends that the State party:  a) Design and adopt a legal procedure based on a methodology that guarantees the right of indigenous peoples to be consulted regarding any legislative or administrative measure likely to affect their rights, with a view to obtaining their free, prior and informed consent, in harmony with international standards, in consultation with indigenous peoples and taking into account their traditions and cultural characteristics”-CERD/C/MEX/CO/18-21. Pair. 21(a)

 

In 2017, in collaboration with the Unión de Médicos Yajeceros de la Amazonia Colombia UMIYAC and ICEERS, a recommendation to the same effect was obtained from the Committee on Economic, Social and Cultural Rights: “Guarantee that consultations in order to obtain the free, prior and informed consent regarding decision-making likely to affect the exercise of the economic, social and cultural rights of indigenous and Afro-Colombian peoples are carried out in an unavoidable and timely manner, taking into account the cultural differences of each people(...)” E/C.12/COL/CO/6. Pair. 18). October 19, 2017. UMIYAC also presented a report to the rapporteur for the rights of indigenous peoples, in which mention was made of the prior consultation process with Amerisur. 

 

The language achieved in both recommendations on the "traditions... characteristics" or "cultural differences" to be taken into account during the consultations, create a space of interpretation for the use of sacred plants in said consultations. This space opens up possibilities to develop a project that goes in this direction in the future, for example, within the framework of the projects contemplated by the IIRSA (Initiative for the Integration of the South American Regional Infrastructure).

Consulta libre inormada

Indigenous Rights

medicina tradicional
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