DECLARATION OF GOVERNANCE AND LAW
By the People of the People
A Unique Peoples Collective Document
How Can the Inalienable Rights of People of Earth be Fully Recognized and Supported?
Written Circa 1992. Latest Update Aug, 2014.
Laceweb folk and resonant other Unique Peoples from the East Asia Oceania Australasia linking locally and laterally have contributed to drafting this version of this document. It envisions the re-evolving of societies post some regional or global catastrophe or disaster. It draws upon indigenous and small oppressed minority wisdoms about nurturing love care and respect enriching wellness of folk and Earth cooperating well together in jointly evolving wise local regional and global societal frameworks.
Rather than been a preplanned unified abstract ideal, Laceweb way is very 'short' on 'grand theory'. The Laceweb way is - 'use local wisdoms and knowings - act and check outcomes - repeat what works - go for what's missing in our local wellbeing'. Just as occurs in nature, each 'local' may be different. The meta-outcome in each 'local' may be a tentative, or even a sustained move to a world where our particular local wellbeing needs are fully met - a utopia. So there may be many possible utopias in the making - not preplanned, not as 'pious hopes' and 'grand illusions' - rather, as experienced wellbeing grounded in practical action by the local people of the local people.
It is recognized that we, the one people from all the world’s continents and islands are now free to choose our own actions for ourselves, as long as we each stand in full responsibility and liability for those actions.
Our Inalienable Rights both as individuals and as collectives (of our own choosing) extend to deciding how we arrange our local, regional and global ways of living well together including our governance, law and complementary interfacing of mutual-help and service delivery.
Three themes will be introduced.
Firstly, A few people in a unilaterally-appointed top-down hierarchy deciding things for people is in direct contradiction to the first two paragraphs.
Secondly, more than fifty years of action research has revealed that there are, on the very margins of global societies, extremely wise ecological spiritual elders who are already very quietly engaged in evolving local wellness action supporting the reconnecting of locals in taking back ability over their lives together as they begin recognizing and using well their inalienable rights. Refer www.laceweb.org.au.
Thirdly, a growing appreciating of what Recognizing Inalienable Rights actually means may lead to embracing role shifts, especially among funding providers.
Doing things for people (in violation of those Inalienable Rights)
Locally and laterally supporting locals engaged in mutual-help as per the second theme (with this supporting extending to regional and global cooperative initiatives of people).
There are folk who know these wise ecological spiritual elders on the margins who may act as interfacing relational mediators of integrity between people with non-compromising funding and wise ecological spirit elders towards evolving socio-ecological spiritual transforming action.
People of planet Earth have the inalienable right to evolve their own Governance and Law:
a. Local Governance of Local Matters
b. Regional Governance of Regional Matters
c. Global Governance of only those matters related to the Global Commons (seas, air, rivers, inter-regional peacekeeping and the like)
This is a transitional document setting out processes for evolving the above. It has been evolved through decades of relational exchange and respectful deep intercultural engaging between Unique people, including Indigenous People, Unrepresented Nations & People, and Oppressed Small Minorities, as well as resonant natural nurturers from around the World. This document is ‘transitional’ in that it is continuing to be fine-tuned in widening global dialogue. It is forming as an expression of inalienable rights from diverse peoples.
Any reasonable move to evolve new forms of Global, Regional and Local Governance may well start with the motto:
The Wellness of People and Earth is the Supreme Law.
There is no law on Planet Earth above this Law. It supports evolving Homo Amans (Loving People) and the decline of Homo Aggressans (The Biology of Love. Maturana, et al, 1996).
All people of planet Earth have inalienable rights, including rights as to:
o what and how they believe
o how they live their lives – their culture
o determining their own lore, governance, and laws
Top down action is unacceptable. Local and lateral action with equality is the Way.
All dominating, imposing, and stripping of agency and ability from people is unacceptable.
Any documents or actions purporting to ensure or support these rights while denying, undermining, or degrading them are unacceptable.
All deciding and doing things for people that they can decide and do for themselves is unacceptable.
Past use of dominating, imposing, and stripping of agency and ability has limited local grassroots folk. Given this limiting, action research over the past fifty years has consistently demonstrated that affected local grassroots folk do still have the life experience, psychosocial resources and resilience to engage in mutual-help and self-help in transforming all facets of their lives together in ways of their own making as is their inalienable right, especially with non-compromising wellness enablers supporting them to be more able, if the local folk want this.
Wellness and illness in many domains of life may be viewed as a continuum with each end representing an extreme. At any given time, one's position along the continuum represents the window through which the individual experiences wellness.
'Wellness of People ' may be defined as:
A generalized self-perception based on the individual’s sense of participating in and enriching from life.
This generalized sense of wellness is a function of the relative significance of the various wellness domains and the nature of their interconnectedness – domains such as physical, psychological, mental, emotional, intellectual, social, spiritual, relational, habitat, communal, intercultural, economic, and environ-mental domains.
A person's self-report is the best predictor of wellness, and only they know when they do not have wellness.
Grassroots folk do know what constitutes their wellness and know when they have not got wellness in its many forms.
In this document the term 'Wellbeing' is being used in the widest possible sense and covers the nurturing healing aspects of human living. 'Nurturing cultural action' implies 'healing' in its widest sense. ‘Healing refers to the original sense, namely, ‘to make whole’.
It follows that the place to start on any transforming of governance based upon the Supreme Law namely, The Wellness of People and Earth, is with the people - the common folk.
This is the complete reverse of the dominant system. If a society collapses (like Bosnia and East Timor) the dominant system rushes:
1. To set up government
2. Then to set up law with its associated justice, police, and prison system.
3. The people come a very poor third.
Recognising that the Wellness of People and Earth is the Supreme Law, now is the opportunity to reverse the above order and put the people first!
The dominant system assumption is that common folk are incompetent, traumatised and needing experts to do things for them. Both Ability and Agency are stripped.
The dominant system has generated a system of top-down action delivered by thousands of experts in academic, government and non-government bodies who, together with their administrative backup, sort out aspects of our lives for us. Behind these are even more thousands of bureaucrats who keep track of what all these experts are doing for us. The unquestioned hardly noticed system for all of this is ‘Service Delivery’. In the vernacular – We decide and do things for you.
In contrast, when one goes with an open mind to post-disaster contexts one can readily find among grassroots folk extraordinary practical wisdom. One can readily find natural nurturers - folk with experience and capacity in psychological, communal, and social healing ways, as well as find folk with extensive psychological, social and emotional resources and resilience. The consistent report from affected people in disaster contexts is that the best support they received is from fellow affected people engaging in mutual-help. Refer Professor Protacio-De Castro et al, 2000. Recognising and Evolving Local-lateral Links Between Various Support Processes. (Note third column) – www.laceweb.org.au/lll.htm.)
Grassroots self-help and mutual-help initiatives (fundamentally different from Service Delivery) are involving people in acting together to take back ability over their own lives. Experts are used as resource people and not as power brokers and decision-makers – refer:
On Laceweb exemplar mutual-help initiatives refer:
Nurturing culture involves ways of joint action in mutual-help (rather than service delivery) that continually spreads and enriches the wellbeing competence base throughout the local community.
Dominant systems have through the ages crushed grassroots folk engaging in mutual help supporting themselves.
Dominant systems want social control. They want folk with needs that the dominant system controls through debt slavery, regulation, and through supply of, or regulation of scarce, expensive, service delivery managed by governing departments or regulated NGOs.
These entities divide service into narrow sectors where programs and sectors and different departments have little or no cross-cooperation.
Holistic Wellness emerging from mutual-help is not in dominant system interest.
In respecting the Supreme Law focus on the Wellness of People, nothing happens unless the local people want it to happen, agree on what is to happen and are fully involved in every aspect of making it happen.
a) The place to commence, consistent with the Supreme Law, is the Wellness of Local People in their respective places
b) From Local Wellness continues to emerge Local Lore
c) From Local Lore emerges local humane caring norms and values
d) From caring norms and values emerges our way of life together (our local culture)
e) From Local Lore emerges Local Law
f) And from Well people living with Lore-derived Law - emerges Well Local Governance
g) From Local Governance and well people evolves Regional Cooperating
h) From Regional Cooperating Lore evolves collaborative Regional Governance
i) From Regional Governance emerges collaborative Global Governance of the Global Commons
From the above sequence emerges:
a) Local Governance of Local Matters
b) Regional Governance of Regional Matters
c) Global Governance of only those Matters related to the Global Commons (seas, air, rivers, inter-regional peacekeeping and the like)
Advanced exploring of possible global futures has been under way amongst Unique People for decades.
Experience and competence in the above processes have been actioned researched around the World for over fifty years by Unique People – grassroots folk cooperating with interculturally and transculturally sensitive academia to post-doctoral and professor levels.
Action for wellness has been evolving on the margins far away from dominant Systems.
Consistent with Supreme law, the roll-out of the above is guided by the following principles:
The wisdom of interdependence will be shared. The following practices must end – namely: use of force, policies and laws which promote dependency.
Western and dominant models of development must not be used in designing programs and policies affecting the common folk; these practices must be stopped in favour of those which help, heal and build solidarity, culture, values, and other relevant customs.
Any transition away from the current power-over system is to follow principles developed consistent with the following Inter-people Healing Treaty. Once transition is occurring, Governance and Law may emerge consistent with this document.
The following Treaty has been evolved by Unique Peoples around the World towards values guided ethical behaviours during transitioning to compliance with the Supreme Law.
As between Unrepresented Nations and Peoples, Indigenous Peoples; their Leaders, Non-Government Organisations and Practitioners around the World, hereafter referred to as "Unique Peoples" (UP); and other Non-Government Organisations, or persons hereafter referred to as "NGOs" and Governance Bodies hereafter referred to as “GOs”.
Whereas dominant and Western development models have failed to achieve the healing, learning, equality, fairness and development objectives promised to Unique Peoples; and
Whereas some GOs and NGOs have imposed dominant development models, programmes and values in their projects which have contributed to the destruction of the environment and of Unique Peoples cultures and populations; and
Whereas GOs and NGOs respect the evolving declarations, charters and treaties of Unique Peoples, recognise Unique Peoples' rights to self-determination, rights to traditional territories, and to cultural, healing, identity and collective inalienable human rights,
the undersigned parties hereby recognise and affirm the following code of ethics for GOs and NGOs when entering into joint activities with Unique Peoples, and recognise and affirm the following:
1. Transfer of values: Existing practices and approaches of some GOs and NGOs contribute to what amounts to the imposition of Western and dominant values and culture on Unique Peoples. This must be recognised and approaches and models of equality and consensus will be adopted to minimize, reduce and heal these effects.
2. Community control, management and ownership: Unique Peoples' programmes will be based on an ethic of self-development consensus. This takes into consideration Unique local control, management and ownership of projects and initiatives. These are based on local Unique values and cultural institutions.
3. Community-based planning: Community-based planning and healing development based on principles of community participation will be the cornerstone of Unique Peoples development supported by, and nurturing to, GOs and NGOs.
4. Unique Peoples' Knowledge: The basis of Unique Peoples' development is Unique Peoples' knowledge, which is owned, collected, documented and implemented by Unique Peoples. Its stewardship may be celebrated with GOs and NGOs for the artistry of mutual benefit.
5. Spirituality: GOs and NGOs will recognise, and can accept healing from, Unique Peoples' spirituality, which is the manifestation of the harmony in their way of life and holistic thinking.
6. Respect: The principle of respect that is the foundation of Unique Peoples' human-development policy means respect for self, community, Mother Earth, other people and nature, as well as respect for the gifts and contributions of all forms of life. GOs and NGOs will be helped to learn this.
7. Sharing: The principle of sharing will be the basis of healing relationships between GOs and NGOs and Unique Peoples, with balance and caring at all levels, between individuals, community, others and Mother Earth.
8. Technology: Unique Peoples' concepts and technology are fundamentally different; therefore culturally appropriate technologies must be found that can be applied and controlled by Unique Peoples.
9. Sustainable development: Unique Peoples' understanding and philosophy of development are based on cyclic and sustainable concepts and approaches that can be shared with GOs and NGOs to benefit GOs and NGOs and their respective countries.
10. Capacity building: Unique Peoples can expand their skills, knowledge and plans for healing, education, development and implementation in various programs and projects and in their own GOs and NGOs.
11. Unique Peoples societies: The practices of earlier colonizers must end - namely use of force, religion, schools and administrative policies and laws which promote dependency. The wisdom of interdependence will be shared with GOs and NGOs.
12. Unique Peoples models: Western and dominant models of development must not be used in designing programs and policies affecting Unique Peoples; these practices must be stopped, in favour of those which help, heal and build solidarity, culture, values, and other relevant customs.
13. Unique Peoples GOs and NGOs: Non-Unique GOs and NGOs will support the development, training and financing of Unique Peoples GOs and NGOs.
14. New Unique Peoples' institutions: Non-Unique GOs and NGOs will support the development of new kinds of regional and international institutions which coordinate and support Unique Peoples in carrying out self-evolving planning.
15. Unique Peoples' financial institutions: GOs and NGOs will recognise that Unique Peoples' financial institutions must be managed and controlled by Unique Peoples. This will promote economic, environmental and human development initiatives in the community; and learning for GOs and NGOs.
16. Financial management: GOs and NGOs will establish healing relationships, structures, and policies which make them more responsible and accountable for their development initiatives with Unique Peoples.
17. Consultation and Agreement: GOs and NGOs will develop policies which provide fair consultative mechanisms to harmonize their policies with Unique Peoples priorities, values and culture.
18. The undersigned parties agree to seek knowledge and assistance that embody compatible spiritual and cultural values. This will allow dominant non-Unique people to behave with humility and respect. They may thereby seek spiritual forgiveness for past injustices, show how forgiveness can help heal the wounds inflicted between peoples, and promote the continuing healing of Mother Earth.
The above statements are hereby agreed to and affirmed in order to contribute to Unique Peoples' survival and self-development, to create a new partnership between dominant GOs and NGOs and Unique Peoples, and to fundamentally change and heal the relationship between Unique Peoples and dominant or Western institutions, so as to correct and heal the mistakes and errors of recent centuries.
Signed at On
For implementing proposals under this Criteria, we would accept co-vision relationships with international Indigenous/minority academic/research groups known to be experienced in participatory mutual-help and self-help models staying well clear of a kind of pseudo-help that disempowers and leaves control of process and content to outside 'experts'.
'Co-vision' is a concept borrowed from transnational management consulting. The term encapsulates contexts where trainers find that feedback from trainees train and change trainers so much that they have to change their ‘training’ to fit the wisdom of the trainees. The concept equally applies to 'enabling' contexts. It is resonant with ‘co-envisioning’ from Linda Tuhiwai Smith’s Indigenous Research Projects namely – creating, democratising, discovering, envisioning, negotiating, naming, networking, reframing, remembering, restoring, revitalizing, sharing, storytelling (Smith, 1999, p.142-167), and enabling and fostering proactive action research, structural change and cultural change
Unique Peoples’ way is experiencing learning in contrast to ‘training’.
The networks involved in this energy realise that they may participate in activities funded by others. It recognises the value of cross-cultural, cross-national and international guidance, and intercultural interfacing support in such circumstances. Refer www.laceweb.org.au/int.htm.
The principles it favours are that in this wider context of Humanitarian Epochal Transforming activities:
· Funding entities monitor finance
· Humanitarian (caring) people skilled in mutual-help and self-help action assist with ethics and nurturant process
· Disadvantaged Small Minority, Indigenous, and resonant natural nurturer people (wise spiritual elders on the margins) assist in developing good results
The principles of balanced wide representation of stake-holder entities can be continuously explored. Past Irish peace initiatives provide valuable lessons in this regard.
We will be fully accountable for funds. However to tie funds to doing ‘unalienable rights based participatory mutual-help and self-help' according to 'service delivery' criteria is a contradiction in terms and action.
Evaluation is built into every participatory mutual-help and self-help action. However, it will be evaluation using 'participatory mutual-help and self-help criteria of local people', not 'service delivery' criteria of outsiders – and certainly not anything based upon ‘Universally Applicable’ Law devised by a few. It entails action by the people of people.
Local, Regional and Global Law may emerge and evolve by local action evolving local lore and linking and cooperating between people respecting and celebrating valued difference who have evolved way as embodied knowing in no need of explicating.
If funding bodies are so tied to 'service delivery' and filtering templates designed by the few that they insist be used, then funds will not be accepted for this Plan and associated ongoing epochal transforming action among Unique Peoples around Planet Earth. Our progress will be so much slower - though remain based upon local people everywhere actually participating in and making governance and law-making based on local lore of their own making as is our unalienable right. Ex facto Entities of wise discernment recognise this.
Over the past 14 years a ‘Unique Peoples Joint Partners Proposal and Funding Grant Application’ has been evolving among Unique Peoples fully consistent with this Governance and Law document that may be used as a process for having Unique Peoples and associated interfacing entities ensuring extensive integrity in anyone being supported with funding towards Epochal Transforming. A copy of this Proposal and Application is available.
Funding entities may fund and monitor Epochal Transforming financing.
Humanitarian (caring) people skilled in mutual-help and self-help action assisting with ethics and nurturant process are available and already well under way.
Disadvantaged Small Minority, Indigenous, and resonant natural nurturer people assisting in developing good results are available and well under way.
Processes for Epochal transforming are well underway as changes in consciousness and understanding growing in human relating in the midst of experiencing wellbeing with others; refer Realising Human Potential.
May this Governance and Law Document Value Frame the Wise Exploring of Global Futures.