IOSDE 2nd Brief in Support of Gállok Human Rights Defenders, 18 February 2014

International Organization for Self-Determination and Equality (IOSDE)
Kopparslagargrnd 2 83151 stersund, Sweden ph: +46 (0) 70 283 4808 info@iosde.org www.iosde.org ! !
IOSDE Brief in Support of Gllok Human Rights Defenders, 18 February 20141

IOSDE Statement re Gllivare Tingsrtt charges and the cases of Malin Norrby, Lovis Agestam, Frida Forsgren, Eino Johan Kentt, Adam Ekengren, Linda Lundstrm, and Elina Siri Laszlo Ambjrnsson, arrested and charged 1 July 2013, 12 August 2013, 21 August 2013 and 3 September 2013, court date 18 February 2013 at Ume Tingsrtt, Gteborgs Tingsrtt, Gllivare Tingsrtt and Sdertrns Tingsrtt Ume Tingsrtt, Gteborgs Tingsrtt, Gllivare Tingsrtt and Sdertrns Tingsrtt must exonerate (acquit of all charges) Human Rights Defenders Malin Norrby, Lovis Agestam, Frida Forsgren, Eino Johan Kentt, Adam Ekengren, Linda Lundstrm, and Elina Siri Laszlo Ambjrnsson, defenders of Indigenous, Environment and Human Rights at the mineral exploration & testing and proposed mining site of Gllok, or Kallak, in Spmi/Sweden. The arrests of and charges against Malin Norrby, Lovis Agestam, Frida Forsgren, Eino Johan Kentt, Adam Ekengren, Linda Lundstrm, and Elina Siri Laszlo Ambjrnsson, on 1 July 2013, 12 August 2013, 21 August 2013 and 3 September 2013 including for, but not limited to, egenmktigt frfarande go against the principles of the United Nations (UN) put forth in its Declaration on human rights defenders for States and other actors, including Sweden and its courts and justice system(s), in the protection, inclusion and non-criminalization of Human Rights Defenders. The Declaration on human rights defenders exists as a backbone to the promotion of Human Rights and International Law due to the fact that Human Rights Defenders are the very persons who, on the ground, are risking their own lives and well-being2, in both non-violent forms as well as in self-defense when attacked or violated, in the defense and promotion of Human Rights; Human Rights Defenders protect the very Human and Indigenous Rights3 that States have, in International Law, agreed on and signed to abide by. In no way should State and local courts and police or any other authorities to harm, criminalize, or otherwise degrade Human Rights Defenders who are protecting these rights. Gllok Human and Environment Rights Defenders, including in the current cases of Malin Norrby, Lovis Agestam, Frida Forsgren, Eino Johan Kentt, Adam Ekengren, Linda Lundstrm, and Elina Siri Laszlo Ambjrnsson have been acting as Human Rights Defenders in Gllok, or Kallak, in Spmi/Sweden due to
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This Brief is an expanded version of the Brief submitted to Gllivare Tingsrtt on 28 November 2013, viewable at http://www.scribd.com/doc/187504377/IOSDE-Statement-in-Support-of-Gallok-Human-Rights-Defenders, including additional primary text, appendices, and cases addressed. 2 See IOSDEs Statement to Immediately halt all mineral prospecting- and mining-related activity in Gllok due to Negligence, Violence, and unresolved Indigenous Land Rights, 1 September 2013, http://www.scribd.com/doc/164891197/IOSDE-Statement-to-Immediately-halt-all-mineral-prospecting-and-miningrelated-activity-in-Gallok-due-to-Negligence-Violence-and-unresolved-Indigen. 3 See Articles of UN Conventions of International Law in Appendix 4, IOSDEs Letter to the Prime Minister of Sweden, dated 30 July/1 August 2013, Appendix 3.
IOSDE: an equal future starts with an equal now

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the fact that the State of Sweden has been allowing for mining and mineral exploration and testing to business (third parties) without the Free, Prior and Informed Consent (FPIC), as is required by law of the local and Indigenous Smi People affected. Unresolved land rights and unresolved Indigenous Human Rights, including Rights to Culture and Self-Determination have been resulting from and reinforcing structural, physical and psychological violence to the Smi People and land, including through the Swedish Mineral Law which has allowed for such violations (see Appendix 2 of this Brief- 1 September 2013 Statement IOSDE demands an immediate and urgent halt of all mineral prospecting- and miningrelated activity in Gllok due to Negligence, Violence, and unresolved Indigenous Land Rights, delivered to both police chief Hkan Alselind and the Norbotten Police). The Smi People are recognized as an Indigenous People under International Law and in the Swedish Constitution as a people, which states as Basic principle of the form of government the opportunities of the Sami people [] to preserve and develop a cultural and social life of their own shall be promoted.4 Smi living culture is distinctly tied to land and traditional knowledge of Smi land. In the case of mining and prospecting on traditional Indigenous lands Smi People are removed in that the balance of nature on which they are dependent suffers in pollution and disturbance, affecting the grazing, patterns and health of not only the reindeer but also moose, fish, soil, air, berries, and all other ecosystem participants which create a cultural and economic basis for Smi foods, lifeways, economy, family and handicrafts. Indigenous culture, health, and environment are affected by interaction not only between the surface area and the reindeer and other animals hunted and plants gathered, but also between all of these things and what lies beneath the surface of the soil.5 The applicable violated and defended International Human and Indigenous Rights of the Smi People, listed in Appendix 4 of this brief verbatim, include but are not limited to Rights to Culture, Self-Determination, Family, Health, Religion, and Rights of the Child to culture, all found in the binding United Nations Conventions including but not limited to the United Nations International Covenant on Civil and Political Rights (ICCPR) and the United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR), the United Nations Convention on the Rights of the Child (CRC), the United Nations International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the United Nations Universal Declaration of Human Rights (UDHR) and the customary law of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Such Rights and violations were also addressed in IOSDEs Open Letter to Swedish Prime Minister Reinfeldt, Dated 31 July/1 August 2013,
IOSDE recognizes the Smi People as a self-determining Indigenous People practicing key elements of their traditional culture, family, inheritance of traditions and land and subsistence food, work and cultural lifeways, amongst other human and Indigenous customs and values, dependent on the health of, access to, and decision-making power concerning the lands of Spmi. Such customs and values are Rights of Indigenous Peoples under International Law, as well as Human Rights in general. Sweden and its governing and administrative mechanisms are beholden to these International Laws that support Indigenous Peoples and Indigenous and Human Rights, including the rights of the Indigenous communities in relationships with the lands existing in and around/surrounding Gllok/Kallak and Sohppar/vre Soppero. The mental health of Indigenous Peoples has long been tormented by State colonialism and aggressive State tactics through which
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Swedish Constitution, The Instrument of Government: Chapter 1. Basic principles of the form of government, Art. 2: The opportunities of the Sami people and ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own shall be promoted. 5 From Smi Land, Decision-Making and Participation Rights in Sweden and Regional and International Forums, and the case of Mineral Exploration Proposal by India Reed Bowers, 15 November 2011, available at http://www.scribd.com/doc/179737989/Sami-Land-Decision-Making-and-Participation-Rights-in-Sweden-andRegional-and-International-Forums-and-the-case-of-Mineral-Exploration-Proposal-pdf.
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the ultimate goal has been State theft of land from Indigenous Peoples. For Sweden to grant mining permits, mining exploration permits and mineral surveying without the full Free, Prior and Informed Consent, including giving Indigenous People(s) sufficient time to make their decisions and speak to their needs, is a violation of Indigenous Rights.6 (Letter attached as Appendix 3).
The fact that the State of Sweden is violating its own international, legal commitment to its own citizens, and the Smi People, as well as the international community and International Law in regards to Human and Indigenous Rights, in allowing for mining and mineral prospecting as per the current Mineral Laws of Sweden has already been stated7 by one United Nations Convention Committee, the United Nations CERD Committee (the Committee on the Elimination of Racial Discrimination, advising in regards to the ICERD or the United Nations International Convention on the Elimination of All Forms of Racial Discrimination) publicly and formally and to delegates of the Swedish State, as a violation of UNCERD Article 5(d)(v), The right to own property alone as well as in association with others as to be applied to Indigenous Peoples including the Smi People:
The [UNCERD] Committee notes with concern that a bill on Smi rights was to be submitted to the Parliament in March 2010 reflecting on the outcomes of various inquiries into Smi land as well as resources rights, but the draft bill was rejected by the Smi Parliament and other interest groups during the preparatory process. The Committee also expresses its concern that the State party allows major industrial and other activities affecting Smi, including under the Swedish Mining Act, to proceed in the Smi territories without Smi communities offering their free, prior and informed consent (arts. 5 (d) (v)). Recalling its general recommendation No. 23 (1997) on indigenous peoples and previous concluding observations, the Committee recommends that the State party take further measures to facilitate the adoption of the new legislation on Smi rights, in consultation with the concerned communities, building on the studies undertaken into Smi land and resource rights which are considered mutually acceptable. The Committee also recommends that the State party adopt legislation and take other measures to ensure respect for the right of Smi communities to offer free, prior and informed consent whenever their rights may be affected by projects, including to extract natural resources, carried out in their traditional territories.8
Recently9 the United Nations Special Rapporteur for human rights defenders10, Margaret Sekaggya, formally warned in a report that Human rights defenders working on behalf of communities affected by large-scale development projects are increasingly being branded anti-government, against development or even enemies of the State 11 and that Human rights defenders trying to help communities affected by projects such as the construction of hydroelectric power stations, dams, and
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Complete letter readable in Appendix 3 and at www.scribd.com/doc/157071040/IOSDE-Letter-to-Prime-MinisterReinfeldt. 7 See UN CERD Committee proceedings of August 2013. 8 See UN CERD, Concluding observations on the combined nineteenth to twenty-first periodic reports of Sweden, adopted by the Committee at its eighty-third session (1230 August 2013), 23 September 2013, CERD/C/SWE/CO/19-21, paragraph 17. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fSWE%2fCO%2f 19-21 9 See UN press release, Rights defenders increasingly branded enemies of the State over development projects, UN expert warns, 29 October 2013, http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13912 10 As of 2008 Mrs. Margaret Sekaggya; find out more about the Special Rapporteur on the situation of human rights defenders here: http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx. 11 UN press release, Rights defenders increasingly branded enemies of the State over development projects, UN expert warns, 29 October 2013, http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13912
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roads or the operations of various extractive industries were being harassed, stigmatized and criminalized for doing their work12. Ms. Sekaggya also emphasized that, States have an obligation to provide protection to those claiming their legitimate right to participate in decision-making processes and voicing their opposition to large-scale development projects.13 State protection of Human Rights Defenders and the inclusion of Human Rights Defenders in decisionmaking processes, rather than the criminalization of their human-rights defending actions, is so crucial to the system of International Human Rights (and Criminal) Law that the United Nations has a Special Rapporteur on the situation of human rights defenders14, a United Nations Declaration on human rights defenders, officially entitled the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms15, and an instructional UN Commentary to the Declaration16 written by the Special Rapporteur so as to assist States and all other actors implement the Declaration on human rights defenders. See Appendix 1 attached to this statement for relevant descriptions and Articles from the texts mentioned, which States and all persons, businesses and mechanisms are beholden to. That local Jokkmokk, Gllivare and Kiruna police forces and the Swedish justice system have been and are being used to protect illegal business actions, instead of Human Rights Defenders, is also in violation of the UN Declaration on human rights defenders. In fact, the State should rather be investigating judicially the mining and supporting companies and entities at fault for not abiding by International Human and Indigenous Rights legal standards and their utilization of the State police system against Human Rights Defenders therein. As UN Special Rapporteur on the situation of human rights defenders, Mrs. Margaret Sekaggya, explains,
In cases involving non-State actors [in violation of the Rights of Human Rights Defenders] including private companies and illegal armed groups it is paramount that prompt and full investigations are conducted and perpetrators brought to justice. Failure by States to prosecute and punish such perpetrators is a clear violation of article 12 of the Declaration on Human Rights Defenders. Addressing the issue of impunity is a key step to ensuring a safe environment for defenders (A/HRC/13/22, para. 42).17
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UN press release, Rights defenders increasingly branded enemies of the State over development projects, UN expert warns, 29 October 2013, http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13912 13 UN press release, Rights defenders increasingly branded enemies of the State over development projects, UN expert warns, 29 October 2013, http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13912 14 As of 2008 Mrs. Margaret Sekaggya; find out more about the Special Rapporteur on the situation of human rights defenders here: http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx. 15 United Nations, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, Adopted by General Assembly resolution 53/144 of 9 December 1998, http://www.ohchr.org/EN/ProfessionalInterest/Pages/RightAndResponsibility.aspx. 16 UN Special Rapporteur on the situation of human rights defenders, Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, July 2011, http://www.ohchr.org/Documents/Issues/Defenders/CommentarytoDeclarationondefendersJuly2011.pdf 17 UN Special Rapporteur on the situation of human rights defenders, Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, July 2011, http://www.ohchr.org/Documents/Issues/Defenders/CommentarytoDeclarationondefendersJuly2011.pdf, p. 10.
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Ume Tingsrtt, Gteborgs Tingsrtt, Gllivare Tingsrtt and Sdertrns Tingsrtt must exonerate Human Rights Defenders Malin Norrby, Lovis Agestam, Frida Forsgren, Eino Johan Kentt, Adam Ekengren, Linda Lundstrm, and Elina Siri Laszlo Ambjrnsson, so as to adhere by the very International legal and Human Rights standards and instruments Sweden is beholden to. Real-time application of International Law and Human Rights standards States have agreed and subject to must be put into practice by local, regional and State judges, lawyers, authorities and legal systems so as to give life to and maintain the reality of Human Rights, so as to lessen the very violence and conflict the Human Rights Defenders have experienced. Anything less shows the lack of Sweden to abide by its own International promises. For further understanding of the obligations of all persons, authorities, businesses, States and otherwise to abide by the Rights of Human Rights Defenders, please see the Annex 1 to this Statement, as well as the United Nations Factsheet Human Rights Defenders: Protecting the Right to Defend Human Rights18 and the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms19 and its supplementary Commentary20.
India Reed Bowers B.A. Cultural Anthropology, Brown University (United States) LL.M. International Law of Human Rights & Criminal Justice, Utrecht University (Netherlands) Founder & Director, International Organization for Self-Determination and Equality (IOSDE) Independent freelance consultant
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United Nations Factsheet Number 29, Human Rights Defenders: Protecting the Right to Defend Human Rights, http://www.ohchr.org/Documents/Publications/FactSheet29en.pdf. 19 United Nations, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, Adopted by General Assembly resolution 53/144 of 9 December 1998, http://www.ohchr.org/EN/ProfessionalInterest/Pages/RightAndResponsibility.aspx. 20 UN Special Rapporteur on the situation of human rights defenders, Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, July 2011, http://www.ohchr.org/Documents/Issues/Defenders/CommentarytoDeclarationondefendersJuly2011.pdf
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Appendix 1
Excerpts from the UN Special Rapporteur on the situation of human rights defenders Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms21: Chapter I The right to be protected [] The States duty to protect the rights of defenders is derived from each States primary responsibility and duty to protect all human rights, as established in: -The Universal Declaration of Human Rights (Article 2), -The International Covenant on Civil and Political Rights (Article 2), -The Convention on the Elimination of All Forms of Discrimination against Women (Article 3), -The European Convention on Human Rights (Article 1), -The African Charter on Human and Peoples Rights (Article 1), and -The American Convention on Human Rights (Article 1). The right to be protected and the Declaration on human rights defenders The States duty to protect human rights defenders is provided for in the preamble to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms as well as in its articles 2, 9 and 12: Article 2 1. Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice. 2. Each State shall adopt such legislative, administrative and other steps as may be necessary to ensure that the rights and freedoms referred to in the present Declaration are effectively guaranteed. Article 9 1. In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights. [...] Article 12 1. Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms.
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UN Special Rapporteur on the situation of human rights defenders, Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, July 2011, http://www.ohchr.org/Documents/Issues/Defenders/CommentarytoDeclarationondefendersJuly2011.pdf
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2. The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or h er legitimate exercise of the rights referred to in the present Declaration. 3. In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms, as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms. As the Declaration on human rights defenders contains a series of principles and rights that are based on human rights standards enshrined in other legally binding international instruments, such as the International Covenant on Civil and Political Rights, the States duty to protect all human rights includes the protection of the rights of human rights defenders. Thus, for instance, the right to life, the right to privacy, and the rights to freedom of association and expression should be protected from violations not only by State agents, but also by private persons or entities. This duty should apply at all times (A/65/223, para. 31). [] On the other hand, States should act with due diligence to prevent, investigate and punish any violation of the rights enshrined in the Declaration. In other words, States should prevent violations of the rights of defenders under their jurisdiction by taking legal, judicial, administrative and all other measures to ensure the full enjoyment by defenders of their rights; investigating alleged violations; prosecuting alleged perpetrators; and providing defenders with remedies and reparation (A/65/223, para. 34). [] Harmonizing domestic legal frameworks with the Declaration States should harmonize their domestic legal frameworks with the Declaration on Human Rights Defenders. To enhance the protection of defenders and ensure that the rights and freedoms referred to in the Declaration are guaranteed, it is paramount that States review their national legal frameworks and abolish legal or administrative provisions impeding the work and activities of defenders (A/HRC/13/22, para. 63). In this context, States should verify that their security legislation, including their intelligence and counterintelligence legislation, is not used to impede the work of defenders. States should also translate and disseminate the Declaration on Human Rights Defenders and organize training for law enforcement officials and judges on the rights contained in the Declaration (A/HRC/13/22, para. 64). [] Common restrictions and violations []
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(b) Prosecution of defenders and criminalization of their activities: States increasingly resort to legal actions to violate the human rights of defenders denouncing human rights violations. Defenders are arrested and prosecuted on false charges. Many others are detained without charge, often without access to a lawyer, medical care or a judicial process, and without being informed of the reason for their arrest (A/HRC/13/22, para. 31). [] In many countries, trade unionists, members of NGOs and social movements face repeated arrests and criminal proceedings for charges of forming criminal gangs, obstructing public roads, inciting crime, creating civil disobedience or threatening the State security, public safety or the protection of health or morals. Moreover, human rights defenders, including defence lawyers, providing legal assistance to other defenders or victims of human rights violations are threatened, denied access to courthouses and their clients, and arrested and charged under various criminal provisions. The multitude of arrests and detentions of defenders also contributes to their stigmatization, since they are depicted and perceived as troublemakers by the population (A/HRC/13/22, para. 32)
IOSDE requests the Court see also the following article of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: Article 9 2. To this end, everyone whose rights or freedoms are allegedly violated has the right, either in person or through legally authorized representation, to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law and to obtain from such an authority a decision, in accordance with law, providing redress, including any compensation due, where there has been a violation of that person's rights or freedoms, as well as enforcement of the eventual decision and award, all without undue delay.22
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United Nations, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, Adopted by General Assembly resolution 53/144 of 9 December 1998, http://www.ohchr.org/EN/ProfessionalInterest/Pages/RightAndResponsibility.aspx.
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Appendix 223
Statement below attached to the following email:
from: to: date: India Reed Bowers india.bowers@iosde.org hakan.alselind@polisen.se Tue, Sep 3, 2013 IOSDE demands an immediate and urgent halt of all mineral prospecting- and mining-related activity in subject: Gllok due to Negligence, Violence, and unresolved Indigenous Land Rights
Dear Hkan Alselind, Please find attached with appendices the following statement sent to Norbotten Police yesterday evening, also available online at http://www.scribd.com/doc/164891197/IOSDE-Statement-to-Immediately-haltall-mineral-prospecting-and-mining-related-activity-in-Gallok-due-to-Negligence-Violence-andunresolved-Indigen. I welcome your communication and my number is below. I have also left a voicemail message on your phone. All mineral prospecting and mining activities and land exploitation in Sapmi must be halted until Indigenous Land Rights have been properly addressed and resolved by the State and the Sami People. Harm to peaceful protestors is unacceptable. Best regards, India Reed Bowers
1 September 2013 IOSDE demands an immediate and urgent halt of all mineral prospecting- and mining-related activity in Gllok due to Negligence, Violence, and unresolved Indigenous Land Rights IOSDE calls for all authorities in violation of Indigenous Rights and/or contributing to the lack of peaceful and timely, rights-based land dispute resolution to immediately address the issue of the violence caused by the Swedish Police against the peaceful protestors, activists and Human Rights defenders at the site of Gllok/Kallak on Indigenous Smi territory. All State-permitted and police-supported mining and mineral prospecting on the Smi lands of Jhkgasska and Sirges samebyar and on the Swedish side of Spmi, as represented by the Swedish Smi
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See original Statement at http://www.scribd.com/doc/164891197/IOSDE-Statement-to-Immediately-halt-allmineral-prospecting-and-mining-related-activity-in-Gallok-due-to-Negligence-Violence-and-unresolved-Indigen.
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Parliament, must come to an immediate halt for reasons of physical integrity, emotional and mental health and safety, and with commitment to Indigenous Rights-based conflict resolution. Swedish Police have been used by Jokkmokk Iron Mines AB (JIMAB) and thus Beowulf Mining to protect company and States own illegal business interests alike (see IOSDE letter to the Prime Minister Reinfeldt, dated 31 July/ 1 August, 2013). The Swedish Police have been doing so with force, violence, and illegality against the Swedes, Smi, and others including international tourists supporting the protest. Moreover, threats to the protesters and human rights defenders from others in the area further exhibits the danger they are in and traumatic and psychological stress they are under during- and post- police violence. The peaceful protestors and human rights defenders are being forced to live in a constant state of readiness for attack from both police and others in the area. These physically and psychologically damaging conditions are completely unnecessary in a State like Sweden, where the resources exist for the State to immediately remedy the current situation by calling for an immediate and urgent halt to the mining-related activity in the face of unresolved land conflict and admittedly unresolved Indigenous Land Rights application by the State. The violence of the Swedish Police at Gllok has been against people of diverse backgrounds supporting Smi land rights and a healthy environment and people. For the State, business interests and municipality to permit and/or turn a blind eye to violence, and ongoing violence, against peaceful protestors is unacceptable and furthers Human Rights violations, causing trauma, further conflict, and injuries in a situation where the State and municipality, as well as the mining company, are already in International Human Rights violation in a Smi area(s). Now, a new situation of urgency and gravity has been occurring- that of conflict-based, State- and authority-enabled violence and neglect towards peaceful protestors. During the August 22-23, 2013 UN CERD (United Nations Committee for the International Convention on the Elimination of all forms of Racial Discrimination) review of Sweden, the Swedish delegation admitted that application of Indigenous Smi land rights by the State of Sweden have not yet been resolved within the State. Especially given the States admitted awareness of its own unresolved shortcomings concerning Sami land rights, IOSDE sees the inaction on the part of all Swedish and business interest authorities involved in the land dispute, in regards to the safety of the rights-based activists and peaceful protestors, as existing within the category of the highest of human rights violations in a democratic society- permitted violence to Human Rights defenders. That all Swedish and business interest authorities have, instead of halting the mineral prospecting activities as soon as police violence had occurred, continued to let violence be played out against both Smi and non-Smi Human Rights defenders in the middle of an unresolved land dispute is unacceptable, negligent, and further violates International Law and the health and safety of humans and well as the peaceful goals of International Law and Human Rights all are beholden to by very nature of their own legal existence. It is time for a complete and urgent halt to all mining-related activities in the area and in the Spmi territory of Sweden until Indigenous Smi land rights have been established formally and in accordance with Swedens and all Peoples duties under International Law. IOSDE will not accept the violence and rights violations inflicted on peaceful protestors caught in the middle of an unresolved Indigenous Land Rights violation conflict. IOSDE also calls for all authorities in violation of Indigenous Rights and/or contributing to the lack of peaceful and timely, rights-based land dispute resolution to make statements condemning all forms of violence, especially violence associated with unequal power dynamics and illegal land acquisition
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during the era of colonialism and modern land-grabbing - a wrong which the Swedish-Statesupported founding of the Smi Parliament was meant to change for the Smi People and Smi territory, Spmi. Any action taken on the part of the police, State or municipality in support of mineral exploration and/or mining on Smi land without Free, Prior and Informed Consent is in violation of International Law and puts Indigenous Peoples, their supporters, and nature in harms way and has already caused unacceptable injuries and trauma to Human Rights defenders, Indigenous people and peaceful protestors present. As of 28 August 2013 the Smi Parliament based in Sweden has publicly stated its position on mining and mineral exploration in Spmi, and the State(s), companies, police and Municipalities acting within Spmi must act accordingly as consent for prospecting and mining has not been granted to the State or companies by the Smi (see Appendix 1, Sametinget kan inte acceptera exploateringen av Spmi, Statement by the Swedish Smi Parliament, 27 August 2013). IOSDE calls for all authorities in violation of Indigenous Rights and/or contributing to the lack of peaceful and timely, rights-based land dispute resolution to directly address and resolve historical and current violence connected with colonialism and militaristic-like force and tools and/or weaponry used in conjunction with all forms of illegal land-grabbing- methods which are still happening in Gllok, for example, today, to both Smi Indigenous people and their supporters at the hands of the Swedish State, municipality, mining interests and police. Gllok is Smi land. The persons supporting the issues there for the health of the lands and its rightful owners are a diverse group, including persons who are, technically and by current law, a mixture of being represented by both the Smi Parliament and the Swedish State. All authorities are responsible for the well-being and safety of the people and peaceful Human Rights defenders. IOSDE calls for all authorities in violation of Indigenous Rights and/or contributing to the lack of peaceful and timely, rights-based land dispute resolution to make a statement against all forms of violence, and to address the trans-national right of all persons to physical safety and well-being, which overrides any business or State interests or methods of authority, and is the responsibility of all of humanity. In making such a statement, the authorities in violation of Indigenous Rights and/or contributing to the lack of peaceful and timely, rights-based land dispute resolution can participate in the next era of rights-based and safety-sensitive historical change. The protest group in Gllok is diverse and open, and are standing up peacefully for what is right by International Law. All protestors deserve an apology for the lack of action of the part of all authorities in regards to their physical safety in the presence of the police and the struggle against land-grabbing of Indigenous land and harm to the natural environment. All mineral prospecting activities in Gllok must stop. IOSDE would also like to point out to all responsible persons the world-wide phenomenon of such violations of the Human Rights to Life, Health, Dignity, and so forth all humans face when forced to defend Indigenous Land Rights where the State has failed to act according to International Law and undergo appropriate, formal, and transparent decolonization and/or land rights evaluation and application in a timely fashion with respect to Free, Prior and Informed Consent (FPIC). For further example of this international issue at hand of violence committed against Indigenous Rights and Human Rights defenders and peaceful protestors, see the 30 August 2013 Statement by the Cordillera Peoples Alliance (CPA),
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Stop the Bombings and Militarization in Mountain Province!, from the Philippines, Appendix 3. The Swedish State must take the challenge and responsibility to directly address such historical and current violence Indigenous Peoples and their supporters face. For further details in regards some of the violations of the Police, on behalf of mining, mineral prospecting and the Swedish State, please see the Press Release JIMAB ventyrade mnniskoliv med polisens hjlp, 26 August 2013, by Ntverket Gruvfritt Jokkmokk, Freningen Urbergsgruppen Jokkmokk samt Kamp Gllok, attached as Appendix 2 to this letter. Of particular concern to IOSDE are counts listed as numbers 9, 11, 12, 13, 14 and 16, violence on the part of the police inflicting scrapes, cuts and bruises, violations of the safety and integrity of the bodies of women, and psychological and emotional trauma due to violence and the need to be in a constant state of simultaneous recovery and vigilance. All mineral prospecting activity in Gllok must be halted immediately for both the safety and wellbeing of the Human Rights defenders, peaceful protestors, activists, and the Smi communities of Spmi and in respect and application of Indigenous and Human Rights and peaceful, legal, nonviolent resolution. Photo examples attached.
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1. Police-inflicted bruises on the arm of Smi protestor Hanna Sofie Utsi, Gllok.
2. State-permitted mineral prospecting on Smi land without FPIC, Gllok.
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Appendix 1 (to 1 September 2013 IOSDE demands an immediate and urgent halt of all mineral prospecting- and mining-related activity in Gllok due to Negligence, Violence, and unresolved Indigenous Land Rights) (see http://sametinget.se/61174) Sametinget kan inte acceptera exploateringen av Spmi Sametingets uttalande upplst i Gllok den 28 augusti 2013. Uttalandet antogs av ett enigt plenum dagen innan. Med anledning av de pgende gruvexploateringarna i hela Spmi, dribland den pbrjade provbrytningen i Gllok/Kallak i Jokkmokk samt gruvplanerna i Rnnbck i Bjrkvattsdalen, Trnaby, som utgr uppenbara brott mot de mnskliga rttigheterna och samernas rtt som urfolk att bestmma ver sin kultur, sitt land och sin livsmilj, krver Sametinget: Att svenska staten stoppar all pgende prospektering, samtliga nya underskningstillstnd, arbetsplaner och koncessionsanskningar, i avvaktan p att Sverige lever upp till internationell urfolksrtt, srskilt principerna om Free Prior and Informed Consent/Fritt Informerat Frhandssamtycke som mste implementeras i alla frgor som berr urfolket samerna. Att Sametinget ges rtten till avgrande inflytande ver samiska marker. Att lagstiftningen ndras s att det samiska folkets behov av funktionella land och vatten ska vga tyngre n utlndska riskkapitalisters vinstintressen. Att riksintressena omvrderas, s att lngsiktiga intressen vrderas hgre n kortsiktigt vinsttnkande. Att en hllbar livsmilj genomgende prioriteras, med fokus p nutida och framtida generationers mjligheter till sin egen kultur, fysisk och psykisk hlsa samt att utva och utveckla lngsiktigt hllbara samiska nringar. Att de samiska nringarnas behov, ssom rennring, jakt, fiske, duodji, turism m.m, av funktionella arealer aldrig fr hotas av kortsiktiga exploateringar. Den grundlagsskyddade rensktselrtten mste respekteras. Att de kulturella och psykosociala konsekvenserna mste beaktas i all samhllsplanering i Spmi.
Samer r enligt Sveriges grundlag ett folk med internationellt erknda urfolksrttigheter. I FN arbetar alla lnder fr att ge urfolken tillbaka de rttmtiga rttigheterna till sitt land och sin kultur. Redan i FN:s konvention och mnskliga fri- och rttigheter 1966, ges alla folk i vrlden rtt till sjlvstyre. Detta har frtydligats alltmer i det internationella arbetet med folkrtten. Konventioner har tillkommit fr att strka rttigheterna till barn, kvinnor, arbetare med flera utsatta grupper i samhllet. Urfolkens rttigheter till sitt land, sin kultur och utveckling har tydliggjorts i den s.k. Urfolksdeklarationen 2007 och i ILOkonventionen 169, konventionen om Biologisk mngfald samt ett flertal andra konventioner, deklarationer och resolutioner i FN. Vi anser det frkastligt att statens mineralstrategi och versyn av minerallagen gr tvrtemot regeringens uttalade strategi fr de traditionella nringarna i Arktis. Den mineralpolitik som Sverige i dagslget driver bygger p en fortsatt kolonisation av det samiska folket och Spmi.
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En fortsatt exploatering av Spmi r ngot som Sametinget inte kan acceptera. Sametinget kommer att fortstta verka fr en lngsiktigt hllbar samhllsutveckling och alla samers fortsatta mjligheter att leva och verka i Spmi. Uttalandet antogs den 27 augusti 2013 av ett enigt plenum samlat i Jokkmokk Hkan Jonsson, styrelseordfrande Stefan Mikaelsson, plenums ordfrande
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Appendix 2 (to 1 September 2013 IOSDE demands an immediate and urgent halt of all mineral prospecting- and mining-related activity in Gllok due to Negligence, Violence, and unresolved Indigenous Land Rights) (see https://www.facebook.com/groups/545562282176205/doc/560183294047437/) Pressmeddelande 2013-08-26 JIMAB ventyrade mnniskoliv med polisens hjlp Onsdagen den 21 augusti 2013 inledde Jokkmokk Iron Mines AB (JIMAB) provsprngningsarbeten i Kallak/Gllok. P flera olika punkter, listade nedan, blev mnniskor som var p plats krnkta, hotade och/eller utsatta fr vld av bde JIMAB, polisen, privatpersoner och Securitasvakter. Mnga hndelser och ageranden under den hr dagen r beklmmande, men sett vergripande r nd det vrsta att bolaget helt struntat i det minimum av skerhet som Lnsstyrelsen avkrvt i arbetsplanen fr provbrytningen och att polisen med tal och handling stttade JIMAB i vertrdelserna. Det hr vittnar om att JIMAB och polisen struntade i mnniskors fysiska skerhet. Vidare har det framkommit att polisens avlysning av omrdet var oriktig och felaktig. Vi som skickar det hr pressmeddelandet r Ntverket Gruvfritt Jokkmokk, Freningen Urbergsgruppen Jokkmokk samt Kamp Gllok. Vi knner att trots den stora mediabevakning som frra veckans hndelser frde med sig finns fortfarande en rad punkter som aldrig togs upp eller som frljgs. Hndelserna r polisanmlda. 1. Vid 15.30-tiden p eftermiddagen sprngde JIMAB den frsta salvan i det provbrytningsdike som r belget lngst t sydvst. Elina Ambjrnsson befann sig d p ca 25 meter avstnd, uppe i ett trd. Polisen tillt JIMAB att sprnga trots att hon helt uppenbart befann sig inom skerhetsavstndet p 250 meter. Markus Nystrm, som hade sms-kontakt med Ambjrnsson, fick vid samma tidpunkt besk av polisman 223. Nr varningssignalerna fr sprngningen inleddes frklarade 223 fr Nystrm vad det var som lt. Nystrm frgade under samtalet som fljde om 223 skulle bidra till att stoppa sprngningen i provbrytningsdiket ca 60 meter frn Nystrm, allts ett av dikena inom vars sakerhetsavstnd han befann sig. 223 svarade d att han ej skulle stoppa en sprngning med motiveringen att han mste lita p sina verordnade och att han bara lyder order. Nystrm valde d att sjlvmant klttra ner och lta sin handling lagfras eftersom det fr Nystrm vad sjlvklart att polisen inte skulle krva av JIMAB att de hll sig till minimikraven fr skerhet som Lnsstyrelsen godknt i arbetsplanen fr provbrytningen. Nystrm repeterade detta infr andra poliser och i nrvaro av insatsledaren Roine Norstrm. Ingen av poliserna verkade berrd. (Se bilaga 1). Det r allts tv olika fel/brott som hr begtts. Det frsta r att JIMAB medvetet vertrdde de skerhetskrav Lnsstyrelsen krvt att bolaget efterfljer i arbetsplanen. Bolaget visade sig villiga att riskera mnniskors fysiska skerhet fr att kunna fullborda provbrytningen. Och fr det andra krvde inte heller polisen att bolaget efterfljde skerhetsfreskrifterna i arbetsplanen. Vare sig polisen eller JIMAB gjorde ngra ansatser att skerstlla avstnd. Polisen, JIMAB, Securitasvakter och privatpersoner ("medborgargardet") agerade alla utan hnsyn till skerhetsfreskrifterna. Insatschefen Roine Norstrm gick senare under kvllen ut i media och hvdade att ingen befunnit sig inom skerhetsavstndet, vilket var en lgn. 2.
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Journalister frn SVT Uppdrag Granskning intervjuade en av demonstranterna, Elina Ambjrnsson, som hade klttrat upp i ett trd ca 25 meter frn ett av provbrytningsdikena. Rolf Ritzn, anstlld av Nickal Mountain och anlitad av JIMAB fr att organisera provbrytningen, frskte kra bort journalisterna som vgrade lmna omrdet. Drefter kom insatschefen Roine Norstrm och hvdade att journalisterna inte fick befinna sig inom skerhetsavstndet p 250 meter frn provbrytningsdiket. Om de inte avlgsnade sig skulle de bli anklagade fr olaga intrng. Journalisterna lmnade d platsen. Ca 3 timmar senare tillt polisen att JIMAB detonerade sprngladdningarna i diket trots att Ambjrnsson fortfarande befann sig i trdet. Senare framkom genom Nordnytts avsljande att uppgifterna om avlysning av omrdet genom Lnsstyrelsen var oriktig. Elina Ambjrnsson Niklas Nordmark, journalist Uppdrag Granskning 3. Enligt arbetsplanen hade JIMAB rtt att utfra sprngningar till klockan 16.00. Under onsdagen den 23/8 pgick sprngningsarbetet till strax innan 18.00. Ocks nstafljande dag pgick sprngningsarbete till 18-tiden, eller lngre. Markus Nystrm Liz-Marie Nilsen 4. Privatpersoner som r fr en gruvetablering i Kallak slpptes in p provsprngningsomrdet. Vl inne p omrdet agerade de som ett slags medborgargarde som vaktade omrdet och bevakade demonstranter som hade klttrat upp i trd. Nr en grupp av dessa upptckte en av demonstranterna, Markus Nystrm, som klttrat upp i en tall, ringde en av dem, Ove Snell (Randijaur), till ngon och rapporterade att Nystrm befann sig utanfr skerhetsomrdet (gissningsvis ringde han till ngon ansvarig fr sprngningarna). Han fick ven hjlp av Arne Forsman (Randijaur). I efterhand har avstnden till provbrotten stegats upp till 60 respektive 70 meter frn tv av provbrytningsdikena. Det angivna skerhetsavstndet var 250 meter. Snells och Forsmans uppskattning av avstndet skedde utan att visuellt se provbrytningsdikena, GPS, eller uppstegning av avstndet. Frn sin position ca 8 meter upp i en tall kunde Nystrm se bgge provbrytningsdikena. Nystrm sa detta till Snell som d inte ville medge vad samtalet egentligen handlat om. (Se bilaga 2). Frutom att privatpersoner som starkt positiva till en gruvetablering tillts agera medborgargarde inom skerhetsomrdet r flera saker felaktiga. Dels var det avstnd som Snell och Forsman rapporterade mycket lngre n det faktiska avstndet som Nystrm befann sig frn provsprngningsdikena, och dels att Snell och Forsman, som inte arbetar fr JIMAB och som saknar kompetens nr det gller sprngningsarbeten, tillts ansvara fr uppskattningen. Nystrm ptalade detta fr en polisman med nummer 223 som sa sig heta Jrgen, som senare var den polisman som lagfrde Nystrm. Polisman 223 sa d att han inte ansg att det var ngon fara och var ovillig att skerstlla det faktiska avstndet. Markus Nystrm 5. Nr Markus Nystrm upptcktes samlades en grupp ur medborgargardet runt trdet dr han befann sig. En polisman (223) med hund samtalade kort med Nystrm och gick sedan vidare. Nystrm befann sig nu ensam med ca 10 personer ur medborgargardet runt sig. Rolf Ritzn, anstlld av Nickel Mountain AB och
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anlitad av JIMAB fr att organisera provbrytningen, sa d att de skulle hmta en stege och ta ner Nystrm (som hngde helt i sele och slingor). Nystrm ptalade d att de inte hade befogenhet att gra detta eftersom hans brott inte var allvarligt nog att innebra fngelsestraff. D svarade Ritzn: "Vi behver inget fngelsebrott, bara vi fr tag i dig". Nystrm blev d rdd d han i sammanhanghet upplevde detta mycket hotfullt sagt. Han upplevde sig utelmnad t en mob med mnniskor som sa till honom att om han inte kom ner skulle de komma upp med stege och skra ner honom, ett fall p ca 8 meter, och som skulle misshandla honom om han klttrade ner. Markus Nystrm 6. Under dagen informerade polisen att de inte skulle ta ner demonstranter som klttrat upp i trd innanfr skerhetsavstndet fr provsprngningarna. De hvdade att JIMAB skulle spola rent och utfra andra arbeten och att demonstranter som klttrat upp i trd drfr inte skulle prioriteras. Detta var desinformation mnad att f demonstranterna att sjlvmant klttra ner. Senare tillt polisen att JIMAB sprngde i provbrottsdikena utan att ta hnsyn till att demonstranter befann sig lngt innanfr det angivna skerhetsavstndet (se punkt . Niklas Nordmark, Uppdrag Granskning Elina Ambjrnsson 7. Enligt verenskommelse med JIMAB hade medlemmar i Jhkgasska Tjiellde rtt att under provbrytningsarbetet rra sig fritt p provbrytningsomrdet. Polisen stoppade dock medlemmarna Jessica Lnta och tio andra medlemmar frn Jhkgasska och Sirges samebyar vid avsprrningen p grusvgen. Detta efter samrd med arbetsledaren fr provbrytningen, Urban Mattsson. Detta trots att privatpersoner som r positiva till en gruvatablering slpptes in. Senare framkom genom Nordnytts avsljande att uppgifterna om avlysning av omrdet genom Lnsstyrelsen var oriktig. Jessica Lnta 8. Catarina Holmbom, boende i Bjrkholmen och som har hst med fl i Randijaur och Bjrkholmen, hade blivit lovad av Urban Matsson att bli varnad fr sprngningarna via sms. Detta fr att hon skulle ha god tid att ta in flet och stoet frn hagen. Ngon varning via sms framkom aldrig till Catarina. JIMAB frvarnade henne dock via massutskick innan sprngningarna d en person frn bolaget delade ut flygblad i byn. Catarina Holmbom 9. Hanna Sofie Utsi drog upp en skylt/stock frn diket upp p vgen. Det var enligt Utsi tungt att bra s istllet frskte hon putta upp skylten/stocken. D kliver polisens insatschef, Roine Norstrm, fram och sparkar efter henne och knuffar henne sedan vldsamt ner i diket. Hon landar p rygg p andra sidan diket. Norstrm ryter sedan: "vill du skada mnniskor, eller?" Hndelsen filmades och publicerades p kuriren.nu: http://www.kuriren.nu/nyheter/?articleid=6918886 Hanne Sofie Utsi
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10. Hanna Sofie Utsi begrde, nr hon greps, att f tala med myndighetspersoner p samiska och krvde tolk. Insatschefen fr polisinsatsen, Roine Norstrm, hnskrattade och sa: "Fixa en d!" Johanna Ekstrm ptalade d att det var hans jobb att gra detta. t detta fns Norstrm. Hanne Sofie Utsi 11. En person hllde bensin ver sig sjlv och hotade att tnda p och drmed beg sjlvmord. Han hade tndstickor i handen samt sprang mot eldstaden (tv stora tjrstubbar brann). Polisen fngade honom, kldde av honom klderna och satte honom i en buss. Dr fick han sitta i uppskattningsvis 3-4 timmar. Han stank av bensinen och det luktade bensin i hela bussen. vriga trodde att vederbrande hade skickats till sjukhus men nr de upptckte att han var kvar frgade Johanna Ekstrm honom om han ville ha ambulans, vilket han ville. En privatperson tillkallade d ambulans. Vi anser att det rimligtvis borde vara polisens ansvar att tillkalla ambulans s snart som mjligt d en person hotat att beg sjlvmord, och som dessutom r indrnkt i bensin. Johanna Ekstrm 12. Johanna Ekstrm frskte gra polisanmlan p plats d en person inte hade ftt lkarvrd p flera timmar (se punkt 4). Polisen i bussen vevade upp bilrutan och krde drifrn. Johanna Ekstrm 13. Polis frskte ta ner Elina Ambjrnsson frn det trd hon hade klttrat upp i. En polisman befann sig i en grvskopa som frskte n Ambjrnsson. Polismannen hll d om Ambjrnsson p ett stt som hon inte knde sig bekvm med. Kontakten var fr nrgngen. Han berrde henne mjukt ver ben, hfter, mage och axlar. Elina Ambjrnsson 14. Nr polis frskte ta ner Elina Ambjrnsson frn det trd hon hade klttrat upp i skar de snder hennes skerhetssele och skerhetslina samt drog i henne utan ngon hnsyn till faran de frsatte henne i. Hon befann sig d p ca 6-7 meters hjd. Efter att polis skurit av lina och sele uppmanade de henne att komma ner eftersom det var farligt, s farligt att hon kunde d om hon fll. Elina Ambjrnsson 15. En konstinstallation som placerats p vgen revs tidigt p morgonen av vakter frn Securitas som vaktat provbrytningsdikena. Vi anser inte att vakterna hade rtt att gra detta. Markus Nystrm
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16. En demonstrant frn Italien, som inte talade svenka och knappt engelska, begrde tolk nr han anhlls i nra 6 timmar. Polisen nekade honom detta. Simone Zito
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Appendix 3 (to 1 September 2013 IOSDE demands an immediate and urgent halt of all mineral prospecting- and mining-related activity in Gllok due to Negligence, Violence, and unresolved Indigenous Land Rights) (see http://www.cpaphils.org/campaigns/Stop%20the%20Bombings%20and%20Militarization%20in%20Mou ntain%20Province.CPA.pdf)! Cordillera Peoples Alliance (CPA)! For the Defense of Ancestral Domain and for Self Determination August 30, 2013 Stop the Bombings and Militarization in Mountain Province! While the Filipino people are demanding for the abolition of the pork barrel system, we are confronted with yet another situation where national government, AFP and PNP spends the peoples money over something senseless. Today, August 30th aerial bombings and ground military operations of the police and military shook Mountain Province, immediately affecting at least the northern communities of Sagada and upland communities of Bontoc. CPA strongly condemns this, and we call for an immediate stop to the military operations before community properties, livelihood, and resources are destroyed and before any civilian becomes a victim of the military bombings and operations. We demand for the accountability of State armed forces, and we call on the local officials of Mountain Province and the Cordillera, all peace-loving individuals and organisations, to condemnthe militarisation and push for the resumption of the peace negotiations of the GPh and NDFP to address the roots of the longstanding armed conflict towards attaining genuine, just and lasting peace. Initial reports from our chapter in Mountain Province reveal that directly targeted by the aerial strikes and bombings are hunting grounds, uma, and water sources, very close to the rice fields and communities. The destruction of these poses serious economic impact to our indigenous communities, with the contamination of water sources and threat to food security. We fear that the bombs will hit pipelines supplying water to the communities like Mainit andGuinaang. The area has been historically, massively, and repeatedly bombed, indiscriminately fired at and the communities historically militarized resulting in various forms of human rights violations. Local livelihood is badly affected as well. Tourist guides in the northern barrios of Sagada alone are losing as high as P4,000 daily due to the military operations. This does not include yet the drivers, vendors, restaurants and inns also badly affected. These are even on top of the psychological and social impact, trauma and terror effects of bombings and indiscrimate firing, and the destruction to properties. The military operations taking place in Sagada and nearby communities is Oplan Bayanihan. Oplan Bayanihan is militarization, the destruction of indigenous peoples' territories and resources, and the violation of our ancestral land rights. The Malibcong bombings earlier this year is Oplan Bayanihan. The rape and sexual harassment of young women in Mankayan in 2012 is Oplan Bayanihan.
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We, the people, do not gain a single thing from all of these. We ask, how much was spent for the military operations in Sagada? How much exactly is national government spending for Oplan Bayanihan? How much discretionary fund and PDAF was used? How much is a bullet? a bomb? an attack helicopter? aviation fuel? To think that indigenous peoples in the Cordillera and the rest of the country are historically marginalised and neglected, and to think that it is the peoples money and resources systematically corrupted and spent on senseless doings. These are the very resources used to kill people, destroy ancestral lands, communities, papayew, forests and watersheds. Is this the tuwid na daan so hyped up by PNoy? We are enraged at this and we condemn this. As Commander-in-chief of the Armed Forces, PNoy and his chain of command is accountable for human rights violations in indigenous peoples territories, for the damage and destruction inflicted to the communities. Stop the bombings, militarization, human rights violations. Use the peoples money for services and welfare of indigenous peoples, not for bombs and bullets! Reference: AB Anongos, Secretary General
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Appendix 324
30 July /1 August 2013 Prime Minister Fredrik Reinfeldt Prime Ministers Office Rosenbad 4; SE-103 33 Stockholm fredrik.reinfeldt@gov.se +46 8 405 10 00 Re: International Law being violated by the State of Sweden in Sohppar/vre Soppero and Gllok/Kallak this week while 9th August 2013, United Nations International Day of the Worlds Indigenous Peoples,25 approaches. Dear Prime Minister Reinfeldt, The State of Sweden has not been acting in accordance with International Law in regards activities affecting the Indigenous Smi People and Spmi territory, including those activities involving State-permitted mining, mineral prospecting and mineral surveying. Swedens current Mineral Act and mining and mineral-related laws and policies and their applications, as well as State Indigenous land-related laws and policies in regards to the Smi People are out-of-date by International Human Rights and Indigenous Rights standards. The resulting actions of the State cause further trauma for the Smi People and traditional Smi culture, religion and subsistence. Mineral surveying and prospecting currently underway this week and last week in Sohppar/vre Soppero and Gllok/Kallak are the result of illegal acts by the State of Sweden and against Indigenous People under International Law. State-abuse of basic Human Rights and Indigenous Rights, including rights to dignity, health, culture, family, and traditional Indigenous lifeways and subsistence, is not permissible by International Law. Such abuse, including through the lack respect, promotion and application of processes involving true and genuine Free, Prior and Informed Consent (FPIC) and the lack of recognition of real and collective decision-making power of Indigenous People(s), is a violation of wellbeing of Indigenous People(s). IOSDE acknowledges that the State of Sweden is fully aware of these facts and of the related International Human Rights Laws, due to well-documented Swedish State-United Nations (UN) interactions via various Treaty Bodies at the United Nations as well as Sweden-signed International and Regional Treaties. Under International Criminal Law, violations resulting in loss of culture, experiences of psychological and physical trauma, and destruction of cultural objects and relics, religions and sacred and subsistence landscapes as well as in forced relocation are held to the eyes of States in
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Original Letter/Open Statement can be found at http://www.scribd.com/doc/157071040/IOSDE-Letter-to-PrimeMinister-Reinfeldt. 25 The theme this year is Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements.
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poorer parts of the world as crimes and, thus, cases for the application of International Criminal Law (see, for example, the International Criminal Court (ICC) and the Rome Statue therein). In the context of wealthier and/or more internationally-powerful States of the world, such as Sweden, States have been, thus far, only held responsible to legal codes of International Human Rights obligations and UN treaty bodies in regards to current and ongoing rights violations. Such States are held to practices of justice such as reconciliation for now-criminal actions of the past. However, IOSDE and the world also have their eyes on the current actions of the State of Sweden in regards to Indigenous Rights, and all forms of applicable International Law, based both in Human Rights and Criminal Law traditions, as well as Indigenous traditions, therein. How Sweden behaves towards the Indigenous Smi People sets a standard for the world in regards to State-Indigenous relations and State behavior. So long as Sweden violates the right of Indigenous Peoples rights to decision-making powers concerning their own lands, health, traditions and Free, Prior and Informed Consent processes, Sweden is setting the lowest standard possible for the world in regards to adherence to and respect for both Human Rights and Indigenous Rights. Moreover, it can be argued that in doing so the Swedish State is also acting in a criminal manner towards the Indigenous People within their own territory, Spmi, which Sweden claims part of to exist within the Swedish State borders. If Sweden maintains friendly and trustworthy relations towards the Smi People, respecting, promoting and applying Indigenous Rights as per International Law, for example in regards to granting, or not granting, mineral prospecting permits and mineral surveying to third parties or to the State authorities, then Sweden may still be respected by the International Community for maintaining Human Rights-based intentions and activities, especially in regards to its own citizens. However, the fact that permission (FPIC) has not been given, for example, by the local Smi People for mineral prospecting or mineral surveying in Gllok/Kallak or Sohppar/vre Soppero, and yet Swedish State authorities still continue to grant mineral prospecting, drilling and surveying permits and orders despite both (local and regional) Smi and non-Smi protests therein, shows that the State of Sweden, by the codes of International law, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the United Nations General Assembly Resolution Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, General Assembly (GA) Resolution 2625, is not maintaining friendly relations with the Smi People. This August 9th, 2013 is the United Nations International Day of the Worlds Indigenous Peoples. The theme this year is "Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements." The United Nations describes the theme as thus,
The theme aims to highlight the importance of honouring arrangements between States, their citizens and indigenous peoples that were designed to recognize indigenous peoples' rights to their lands and establish a framework for living in proximity and entering into economic relationships. Agreements also outline a political vision of different sovereign peoples living together on the same land, according to the principles of friendship, cooperation and peace.26
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26
http://www.un.org/en/events/indigenousday/index.shtml website accessible as of 30 July 2013.
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However, at exactly the time that much of the world is coming together to celebrate learning together how to achieve the goals such as those in G.A. Resolution 2625, the UNDRIP and the 2013 U.N. International Day of the Worlds Indigenous Peoples, the State of Sweden is allowing and employing police to violently protect business (mineral) prospecting into Indigenous lands without Indigenous FPIC (Gllok/Kallak), and even so far as to forcefully removing those Indigenous and non-Indigenous persons blockading the areas where drilling has been permitted by the State without FPIC. These protestors have acted in desperate attempt to protect the very Human Rights Laws the State itself is not protecting (but is, under International Law, obligated to do so), only to be criminalized by Sweden. Moreover, in vre Soppero a helicopter flew over the town continuously last week and weekend, surveying for minerals and without the permission (FPIC) of the Smi People; the local Smi community, Sarevuopmi, was neither specifically notified as an Indigenous People/community, nor were they consulted and included in the States decision-making process in regards to whether or not to survey and if so how, when, who, where, why and what. Such actions by the State create a feeling in these areas of war, where Indigenous People have no prior choice but to experience the drill and the helicopter and the decisions from afar. This in and of itself is a Human Rights violation. And, this at a time of traditional ear marking of reindeer calves, when many Smi community leaders and persons must tend to the reindeer together and cannot defend themselves and their lands, at the same time, against such State-permitted illegal actions. In the spirit of friendship, the State of Sweden should, in fact, be learning from those who are opposed to the mining, mineral prospecting and mineral surveying on Indigenous lands. From such an education the authorities of the State can begin to understand how the States own actions are criminal by nature, rather than criminalizing protestors promoting Human and Indigenous Rights and the wellbeing of nature and those directly dependant on it. Moreover, should the State of Sweden need assistance with this process of learning, IOSDE and many other organizations, institutions and experts are available to assist in the transition to sovereignty-based friendship, as instructed from the United Nations. For it is that friendship that is the only legal protection that Sweden has allowing it, as a State, to expect so much from the Smi People in the context of a continued territorial relationship. Legally, this friendship requires, to start with, adherence to the legal process of FPIC in regards to State use, or non-use, of Smi lands. In an era where States such as India, known for its Human and Indigenous Rights violations as well as its progress, have received order27 from their own Supreme Court mandating a stop to mining at the will of the local people- the Indigenous People, respecting Indigenous traditional relationship to the land and International Indigenous and Human Rights, how can it be that a State such as Sweden is still operating in such violation and continued methods of territorial colonialism? Moreover, States, such as South Africa, have also already halted, through their Court Systems, mineral prospecting due to lack of proper consultation and consent with the local community most tied to the land. 28 Sweden has the intellectual resources, political power, networking abilities and international visibility to act as a model in respecting Indigenous Rights
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27
Supreme Court of India, Civil Original Jurisdiction, Judgment, 18 April 2013: Orissa Mining Corporation, Petitioner Versus Ministry of Environment & Forest & Others, Respondents, Writ Petition (Civil) NO. 180 OF 2011, available at http://www.supremecourtofindia.nic.in/outtoday/judgments/180.pdf, website accessible as of 30 July 2013. 28 South Africa Constitutional Court, Judgment, 30 November 2010: Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others, CCT 39/10 [2010] ZACC 26, http://www.saflii.org/za/cases/ZACC/2010/26.html, website accessible as of 30 July 2013.
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in the International context. And yet, here we are again in colonial-era, land-grabbing-based, Indigenous Rights violations. IOSDE recognizes the Smi People as a self-determining Indigenous People practicing key elements of their traditional culture, family, inheritance of traditions and land and subsistence food, work and cultural lifeways, amongst other human and Indigenous customs and values, dependent on the health of, access to, and decision-making power concerning the lands of Spmi. Such customs and values are Rights of Indigenous Peoples under International Law, as well as Human Rights in general. Sweden and its governing and administrative mechanisms are beholden to these International Laws that support Indigenous Peoples and Indigenous and Human Rights, including the rights of the Indigenous communities in relationships with the lands existing in and around/surrounding Gllok/Kallak and Sohppar/vre Soppero. The mental health of Indigenous Peoples has long been tormented by State colonialism and aggressive State tactics through which the ultimate goal has been State theft of land from Indigenous Peoples. For Sweden to grant mining permits, mining exploration permits and mineral surveying without the full Free, Prior and Informed Consent, including giving Indigenous People(s) sufficient time to make their decisions and speak to their needs, is a violation of Indigenous Rights. That the authoritative bodies of Sweden and its authority mechanisms have not yet thoroughly learned of and/or applied these Indigenous and Human Rights to their methods of functioning and decision-making is a problem whose cost falls of the dignity and wellbeing of the Smi People and especially the local Smi communities in the areas affected. In the case of the mining and mining prospecting permits and mineral surveying granted and/or initiated by the State without official, FPIC-based Smi permission, such violations result in ongoing, undignified hardships and further compound traumatic memories of violation and experiences of trauma, begun first in the first days of colonialism, for the Indigenous persons and People involved. IOSDE supports that Self-Determination means access to decision-making by a People, and of a People, beyond the scope of colonialism and colonial territory claims and development by States and Nations, including those of the Sweden used against the Smi People and the land of Spmi. Continuation of Indigenous Peoples unity, culture, traditional territories, traditional lifeways and their Human Rights must be upheld by the State of Sweden alongside and in friendship with the Smi People themselves, in accordance with, and according to, the treaties of International Law. Anything less is racist, damaging and undignified, and must be immediately re-examined and by the State itself via a Human and Indigenous Rights Audit of the State for the purposes of the updating of State laws, policies and actions so as to be in accordance with current International Law. IOSDE welcomes the State of Sweden to take the necessary actions so as to comply with International Law, operating in the context of the right of Indigenous Peoples to Free, Prior and Informed Consent as well as Self-Determination. FPIC includes the right to say no to thirdparty or State projects on Indigenous land and that affect Indigenous wellbeing to a detriment. If an Indigenous community does not wish to have mining, mineral prospecting or invasive mineral surveying on their lands, they have the right to say no. Consent means yes or no; for example, non-consensual sex is rape. IOSDE welcomes Sweden to consider the violations against the Smi Indigenous People occurring by State hands, as well as the required terms of friendship in light of the upcoming the United Nations International Day of the Worlds Indigenous Peoples on the 9th of August 2013 and the International Law of both Human Rights and Criminal Code.
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IOSDE recommends that the State of Sweden celebrate the upcoming the United Nations International Day of the Worlds Indigenous Peoples, themed "Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements, by stopping all State-permitted mining, mineral surveying and prospecting activities that have not been granted with full, genuine and complete Free, Prior and Informed Consent of the Indigenous Smi People, a self-determining Indigenous People, and the affected Smi communities therein. This is the legal step required in the fulfillment of Swedens International Human and Indigenous Rights obligations. Sincerely,
India Reed Bowers, B.A. LL.M Founder & Director, International Organization for Self-Determination and Equality (IOSDE)
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Appendix 4
Applicable International Treaties and Articles. United Nations International Covenant on Civil and Political Rights (ICCPR): Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR): Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 15 1. The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; United Nations Convention on the Rights of the Child (CRC): Article 30 In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP): Article 1 Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
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Article 8 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a ) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b ) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; [] Article 11 1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artifacts, designs, ceremonies, technologies and visual and performing arts and literature. 2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs. Article 12 1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. [] Article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision making institutions. Article 19 States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. Article 20 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. [] Article 25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
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Article 26 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned. Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. Article 31 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, [] 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights. Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact. Article 38 States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. Article 39 Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration. Article 40 Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
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United Nations International Convention on the Elimination of All Forms of Racial Discrimination (CERD): Article 2 2. States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. Article 5 In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [] (d) Other civil rights, in particular: [] The right to own property alone as well as in association with others; (vi) The right to inherit; (vii) The right to freedom of thought, conscience and religion; [] (e) Economic, social and cultural rights, in particular: [] (vi) The right to equal participation in cultural activities; [] United Nations Universal Declaration of Human Rights (UDHR): Article 16 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes [] freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 27 1. Everyone has the right freely to participate in the cultural life of the community, [] Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. United Nations Charter: Article 1 The Purposes of the United Nations are:
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[] 2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; 3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all

IOSDE 2nd Brief in Support of Gállok Human Rights Defenders, 18 February 2014

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IOSDE 2nd Brief in Support of Gállok Human Rights Defenders, 18 February 2014

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International Organization for Self-Determination and Equality (IOSDE)

IOSDE Brief in Support of Gllok Human Rights Defenders, 18 February 20141

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

See original Statement at http://www.scribd.com/doc/164891197/IOSDE-Statement-to-Immediately-halt-allmineral-prospecting-and-mining-related-activity-in-Gallok-due-to-Negligence-Violence-and-unresolved-Indigen.

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

2. State-permitted mineral prospecting on Smi land without FPIC, Gllok.

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

http://www.un.org/en/events/indigenousday/index.shtml website accessible as of 30 July 2013.

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

IOSDE: an equal future starts with an equal now

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