Western Shoshone Victorious at United Nations:  U.S. Found in Violation of Human Rights of Native Americans – Urged to Take Immediate Action

  10 March 2006, Geneva Switzerland.  Today, in an historic and strongly worded decision by the United Nations Committee on the Elimination of Racial Discrimination (CERD) the United States was urged to “freeze”, “desist” and “stop” actions being taken or threatened to be taken against the Western Shoshone Peoples of the Western Shoshone Nation. In its decision, CERD stressed the “ nature and urgency” of the Shoshone situation informing the U.S. that it goes “ well beyond” the normal reporting process and warrants immediate attention under the Committee’s Early Warning and Urgent Action Procedure.   

  This monumental action challenges the US government’s assertion of federal ownership of nearly 90% of Western Shoshone lands.  The land base covers approximately 60 million acres, stretching across what is now referred to as the states of Nevada, Idaho, Utah and California.  Western Shoshone rights to the land - which they continue to use, care for, and occupy today - were recognized by the United States in 1863 by the Treaty of Ruby Valley.  The U.S. now claims these same lands as “public” or federal lands through an agency process and has denied Western Shoshone fair access to U.S. courts through that same process.  The land base has been and continues to be used by the United States for military testing, open pit cyanide heap leach gold mining and nuclear waste disposal planning. The U.S. has engaged in military style seizures of Shoshone livestock, trespass fines in the millions of dollars and ongoing armed surveillance of Western Shoshone who continue to assert their original and treaty rights.  

  Based upon these actions and a dramatic escalation of new actions threatening irreparable harm to Western Shoshone and their environment, last year, with the support of the Univ. of Arizona Indigenous Law and Policy Program, the Western Shoshone filed a renewed legal action at the United Nations CERD. In addition to evidence of the United States’ conduct, the Western Shoshone delegation also delivered over 13,000 signatures from citizens across the United States of America supporting the Western Shoshone action to CERD. This petition was a result of a campaign organized by the rights-based development organization Oxfam America to demonstrate the widespread concern for the Western Shoshone peoples to the United Nations.  

  CERD rejected the U.S.’ argument that the situation was not “novel” and therefore should wait to be reviewed until the U.S. submits its Periodic Report – past due since 2003.  The Committee informed the U.S. that “[a]lthough these are indeed long-standing issues…they warrant immediate and effective action… [and] should be dealt with as a matter of priority.”   The United States was “ urged to pay particular attention to the right to health and cultural rights of the Western Shoshone…which may be infringed upon by activities threatening their environment and/or disregarding the spiritual and cultural significance they give to their ancestral lands.”  

CERD presented its decision to the Western Shoshone this morning.  The decision details the U.S.’ actions against the Western Shoshone and calls upon the United States to immediately:  

·   Respect and protect the human rights of the Western Shoshone peoples;  

·   Initiate a dialogue with the representatives of the Western Shoshone peoples in order to find a solution acceptable to them, and which complies with their rights;  

·   Adopt the following measures until a final decision or settlement is reached on the status, use and occupation of Western Shoshone ancestral lands in accordance with due process of law and the U.S.’ obligations under the Convention;

·   Freeze all efforts to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developers;

·   Desist from all activities planned and/or conducted on Western Shoshone ancestral lands;

·   Stop imposing grazing fees, livestock impoundments, hunting, fishing and gathering restrictions and rescind all notices already made.  

The decision is historic in that it is the first time a United Nations Committee has issued a full decision against the U.S. in respect to its highly controversial Federal Indian law and policy.  The decision expressed particular concern that the U.S.’ basis for claiming federal title to Western Shoshone land rests on a theory of “gradual encroachment” through a “compensation” process in the Indian Claims Commission.  The decision highlights that this same process was found by the Inter-American Commission on Human Rights to violate “ international human rights norms, principles and standards that govern determination of indigenous property interests.”  When the U.S. last appeared before the Committee in 2001, Committee members expressed alarm and concern that U.S. laws regarding indigenous peoples continue to be based on the outdated, colonial era “doctrine of discovery.”     

The Committee gave the U.S. a July 15, 2006 deadline to provide it with information on the action it had taken.  The decision issued today demonstrates a solid commitment by the United Nations human rights system to make the Western Shoshone’s struggle a priority. Whereas indigenous peoples have been active at the United Nations for several decades, the decision today also brings a breath of hope to indigenous communities across the U.S. and globally where the negative effects of U.S. policy and influence reach.  In its decision, the Committee drew particular attention to its General recommendation 23 (1997) on the rights of indigenous peoples, in particular their right to own, develop, control and use their communal lands, territories and resources.    

Comments from Western Shoshone Delegation to United Nations (March 10, 2006):

  “We have rights to protect our homelands and stop the destruction of our land, water, and air by the abuses of the United States government and the multinational corporations.  The situation is outrageous and we’re glad the United Nations Committee agrees with us.  Our people have suffered more nuclear testing than anywhere else in the world and they’re continuing underground testing despite our protests.  Yucca Mountain is being hollowed out in order to store nuclear waste.  We cannot stand for it – this earth, the air, the water are sacred.  People of all races must stop this insanity now in order to secure a safe future for all.”  Joe Kennedy, Western Shoshone.  

“The Western Shoshone Nation is very thankful to the Committee members for their decision affirming U.S. discrimination and destructive policies do not go on unaccounted for.  Truth is what it is – that can never change.  We pray for the healing of our peoples, the land and the harassment and destruction to stop.  While others are allowed the freedom of religion, we are kept from the very same right.  The Newe (people) use this ancestral land for sacred ceremonies. The federal agencies prevent our access to some of these important areas.  Our ancestors’ burials are being dug up and placed into local museums’ basement storage areas because of surge of gold mines and nuclear developments.  This is an outrage to our people!”   Judy Rojo, Western Shoshone.  

 “This battle has been going on for quite some time, but we’ve seen a dramatic increase in the federal government and the companies’ rush to finalize what they consider a settlement in order to get a hold of our lands for activities that are contaminating our water and our air.  Again, we are very pleased that our rights are finally being taken seriously and we look forward to positive actions being taken by the U.S.”   Steven Brady, Western Shoshone.  

“We are Shoshone delegates speaking for a Nation threatened by extinction.  The mines are polluting our waters, destroying hot springs and exploding sacred mountains—our burials along with them--attempting to erase our signature on the land.  We are coerced and threatened by mining and Federal agencies when we seek to continue spiritual prayers for traditional food or medicine on Shoshone land.  We have endured murder of our Newe people for centuries, as chronicled in military records, but now we are asked to endure a more painful death from the U.S. governmental agencies —a separation from land and spiritual renewal. We thank our past leaders for their persistence and courage and the CERD for this monumental step”  Bernice Lalo, Western Shoshone.  

Indigenous Peoples and the Border Presented to the Conscience of Humanity upon the visit of President Vicente Fox to Phoenix, Arizona

November 4, 2003

As Nican Tlacah, the Indigenous Peoples that in these territories are guardians of the memory of our ancestors, we now honor their life and continue our struggle for the future generations, in a world where we shall be recognized and respected as Original Nations.

The invasions of conquest and domination at the hands of foreign powers did not accomplish the destruction of our cultures. Many of our Pueblos were annihilated to their very foundations, their homes crumbled and their men, women, and children murdered until no one was left. To them we dedicate our prayers and struggle of resistance of the years and centuries. But others of our Indigenous Peoples continue with life and remain standing at the frontlines of battle. The borders of national, state, and municipal governments have been established on our territories without consulting us and without respecting our legitimate rights. In this way and in many occasions, the powerful imposed false borders to life, to nature, including other living beings, such as plants, animals, land, air, water, and humans. In an absurdity, the powerful men of war and money divided entire Peoples, leaving hundreds of communities bisected by an imaginary line, one that has brought an infinity of complications to the life of our relatives, plants, and animals. They have impeded on many occasions the simple visiting among our families, violating our passage in our journeys and ritual pilgrimages to the sacred sites that our most ancient ancestors taught us to care for, respect, and venerate. They have also impeded the traversing of plants and animals that accompany us in this sacred land which is Mother Earth, and they have also pretended to divide the waters, separate the winds, and dispose of life that in any way travels the earth without first asking permission.

From what is now called the Pacific Ocean to the Gulf of Mexico, the politicians of Mexico and the United States have placed us in states and municipalities on one side and states, counties, and reservations on the other side.

On the Mexican side, they have never truly recognized our own proper authorities, our assemblies, and traditional ways of making decisions. But traversing deserts and plains, mountains and valleys, following the capricious movement of the Rio Grande, we discover that others have decided the boundaries of our territories, and they have fragmented it to individuals that exploit the land or would possess it as their own home, constructing roads, fences, and even cities, to subjugate and isolate us. Currently, many of our territories, her natural resources, waters, lands, minerals, and including biological resources, have been exploited without mercy for years. They look to displace us in our right to migration and live as we have done in the territory ancestrally, while they exploit our natural resources.

But we continue living here. We have always done so and we will always do so, now more united than ever with brothers and sisters from the many other diverse and grand indigenous regions of the country, the distinct Pueblos and Nations that have been established here in the territory before the arrival of the invaders, since time immemorial.

Because of the same situation of extermination, abandonment, isolation, and misery in which the powerful have maintained us in, hundreds and thousands of indigenous relatives of other regions have also had to come try to find work here, in order to send money and try to maintain the livelihood of our families back in our home communities.

It is the work of millions of Mexicans, a reality of life and death for those who migrate. We are exposed to inhumane conditions to earn money, which is the livelihood of those left behind: wife, children, siblings, parents, and grandparents. There also exists our aspiration that our children and our youth can go to school in the cities, because in our communities there barely are schools that reach second grade. There also are the necessities of the home and the community: the path of culture and all a family needs to live. There also was left behind the cornfield, the forest, the mountain, the river, and our cemeteries where our dead are that we must care for as they cared for us.

According to specialists, the work of migrants is very important because it sends more money to Mexico than all other businesses with the United States. Yet, the Mexican state does not invest a single penny to the support the efforts we make to arrive here. Not in our transport, the food, the wait until finding work, the assurance that there is something for the family we will not see for a long time. Much less in developing our skills, and thus we alone have learned about plumbing, carpentry, masonry, and to work the land in a very different way, etc. There are now even Indigenous Peoples in the universities of the United States that come from remote places who now are demonstrating that we have much to contribute to our communities as well as these communities that are on the other side of the border.

It is the obligation of the States to recognize our existence and respect our rights. We are not second-class citizens to any government and much less to our Mother Earth which gives us shelter and is the sustenance of all our existence.

It is the obligation of the States to legally recognize our collective presence as Nican Tlacah with rights, and respect us in their daily political activity, establishing a new relation within all institutions of the State, the very diverse forces of national societies, and our indigenous communities and organizations.

It is the obligation of the States to represent and defend the interests and the rights of all Mexicans are reach an agreement and settlement that ends once and for all the long chain of violations and suffering we have endured throughout the centuries. Our economy contributes to the growth and well being of both countries, but they have never recognized all that we have done in generous service, still only to receive very little with respect to change.

It is the obligation of all to find consensus stemming from the fulfillment of the San Andrés Peace Accords, so that in this spirit we can speak of the possibility to construct a dignified and respectful Treaty, based on common principles and values, and in such a way establish a new relation in fulfillment of International Law, specifically Convention 169 of the International Labor Organization, as well as Agreement 111 regarding the Rights of Migrants. In the same manner we call out to the world in the spirit of the Universal Declaration of the Rights of Indigenous Peoples, the American Declaration on Indigenous Rights, the International Accord on Civil, Political, Social, and Cultural Rights of the United Nations for our recognition as Peoples with the Right of Self Determination.

We demand the liberty of our indigenous brothers unjustly detained and imprisoned in all the country's jails, accused falsely of violations against health, ecological damages, invasion of property, etc. that demonstrate the dispossession and lack of understanding of the customs and the agrarian confrontations within our communities, who now call for an end to the exploitation with impunity of our natural resources. But above all, we require the liberty, with dignity and justice, of all our brothers who have been persecuted, harassed, and incarcerated for the defense of the Rights of our Peoples, the recognition of their proper authorities, and their participation in the struggle that in all levels expresses the national indigenous movement. We require the liberty of Carlos Manzo, Luis Alberto Marín, Amado Castro, Nicasio Zaragoza, Edmundo Espinosa, among many others. We require that the repression cease and demand punishment for the murderers of two indigenous lawyers en Puebla and Sierra de Oaxaca, murders and “accidents” of leaders of indigenous people in diverse places. We oppose in general the climate of colombianization of various regions of the country.

We require the constitutional recognition and the institutional respect of our indigenous rights such as established in the San Andrés Peace Accords and the beginning of a process of transformation towards reform of the conceptions of State including new models of community development that assure the direct participation of our Indigenous Peoples.

Signed,

TONATIERRA Foro Maya Peninsular de Yucatan y Quintana Roo - CNI Consejo Ciudadano Unidalguense, Oaxaca Movimiento de Artesanos Indígenas Zapatistas Consejo Indígena Popular de Oaxaca “Ricardo Flores Magón” (CIPO-RFM) Gubiña XXI, Istmo de Tehuantepec Movimiento Agrario Indígena Zapatista Ce-Acatl, A.C. Maderas del Pueblo Sureste

Immigration in continental context: http://www.cumbrecontinentalindigena.org

Photo by S.J. Wilson/Observer Danny Blackgoat (left, with red red bandana) and Kelvin Long (center) join voices with other singers at drums to honor the efforts of the multicultural protest.

Sacred Sites, Human Rights march draws 1,200
Grassroots organizations converge at
Flagstaff City Hall to voice demands

By S.J. Wilson
The Observer
3/29/2006

FLAGSTAFF -- More than 1,200 local Native American activists and their supporters converged on Flagstaff City Hall March 25, bringing with them a strong message.

The crowd demanded that Flagstaff rescind a decision to sell wastewater to the Arizona Snowbowl ski resort located on the San Francisco Peaks. Also among protestor's demands was recognition of cultural and sacred rights as well as the decriminalization of border issues between this country and Mexico.

The march was held association with the national conference of the Movimiento Estudiantil Chicano de Aztlan (Chicano/a Student Movement of Aztlan or M.E.Ch.A), held the same day at Northern Arizona University. More than eight hundred high school and university students from across the U.S. attended the conference to explore its theme, "Human Rights will not be Denied."

Organizations including ECHOES (Educating Communities While Healing and Offering Environmental Support), the Save the Peaks Coalition, Youth of the Peaks, the Black Mesa Water Coalition, Tonatierra (Phoenix), and Aztekayolokalli came together to make these demands.

The event opened amid chants of "Are we tired of being poor as people? Yes! Are we tired of having our land stolen? Yes!" as Evon Peter, Arctic Village Chief of the Gwit'chin welcomed everyone to the gathering.

Tupac, a representative of Tonatierra, motioned to the building behind him, saying that it was only of a temporary nature.

"The sacred sites, like the San Francisco Peaks, are eternal. We need to bring that fact to the thoughts and minds of the colonizers," Tupac said. "We will attain our goals because of the might of our prayers and the strength of our intentions."

Another young woman told the gathering that they were involved in ceremony while they walked the streets of Flagstaff in protest.

"Chicanos, never be ashamed of who you are," she cried out.

The crowd answered with a collective roar.

Jaime "Nino" Aguirre of M.E.Ch.A explained his delight with the turnout.

"When we started planning this event, they said people would not show up, that people would not unite--that our Chicano people and the indigenous people here are not the same people," Nino said. "They say that we are immigrants, that we are invading the U.S. Hell no! As a people we move, just like every tribe. We move from the north to the south and the east to the west. We make this society work. We're here to stay--get used to it!"

Kelvin Long, director of ECHOES, told the gathering that he was proud to stand with them.

"Welcome to my home," Long said. "This mountain that we are fighting for is special to me. It's the foundation of who I am. As I stand here, I think about the knowledge passed from generation to generation. I think about all of the knowledge lost because of colonization."

Long referred to his visit to Flagstaff City Hall on March 17 where he delivered a petition with more than 3,000 signatures. The petition was signed by people across the United States and other countries such as Thailand and Germany demanding that Flagstaff refuse to sell wastewater to the Snowbowl.

"I was told that what I did was illegal," Long said. "I was told that the city of Flagstaff was trying to sell wastewater to make snow. People have been fighting against snowmaking for over 500 years--it's the same struggle over and over but we will survive."

Long said that seeing everyone united, and all of the young people involved gave him hope.

"People in power are afraid of you because you are young and educated," Long said. "This isn't the only march. Take these words back home with you, tell your friends, tell your family. We need to show love and respect among human beings -- this is the only way this world can continue. We need to stop listening to corporate lies and listen to the elders. We know now that we can march in the streets, we can raise a fist for our rights -- human rights and sacred lands."

Peter then introduced Kelly Nez and Kristopher Barney, representing the organization "Youth of the Peaks."

"The youth have become an inspiration in uniting people through their culture and tradition," Peter said.

"We are the Youth of the Peaks," Nez said. "We speak out for revolution. You are the reason we keep going, why we are fighting the monster of greed. We are standing up for the mountain, for its beauty and magnitude. We are standing up for the grandparents and those who cannot stand up for themselves. We are not giving up until the City of Flagstaff says 'no.'"

Barney read a poem that he had written earlier in the week, describing the desecration of sacred sites and land, which when lost will be gone forever, and indigenous ways to bless the harvest and the butchering and to live life in balance.

"The land has been raped," Barney read. "It's never enough. What more do you want from us?"

Indigenous people, Barney said, were still here, still alive, held together by tradition, fear and dark anger.

"There can be no price on the sacred--on who or what you love," Barney concluded.

A member of the Tohono O'odham people spoke about his own tribal government's efforts to develop sacred land and how grassroots people defeated the effort.

Waehla John represented the Black Mesa Water Coalition, founded several years earlier in support of the efforts of the Black Mesa Trust.

"My relatives, it's so beautiful to see you here today," John said. "Water has no boundaries, nor does it read laws. The land is our constitution. The mountain is our constitution. We honor it in our prayers and in our creation stories. All nations have their own creation stories, but the colonial education says we came from the Bering Straight."

John explained that her roots were at Black Mesa, where Peabody Coal has taken coal and water from the earth for more than 30 years, for greed and money, goals she likened to the Arizona Snowbowl.

"We have to put our foot down," John said. "Is money sacred? No."

Miguel Vasquez, an anthropology professor from NAU spoke out against more than 30 immigration bills currently being considered by Arizona legislators.

"If these bills become law, it would make it a felony to have a person who crossed the border 'illegally' in your house, to serve them a meal, or to offer them any social services. We [as Americans] were fine about bringing down the Berlin Wall, but we want to put up a wall on the Mexico/U.S. border. People have been crossing this border for 30,000 years--as an anthropologist, I can tell you that with authority. All four of my grandparents came to this country as illegal immigrants."

Vasquez pointed out that the U.S. feels free to enter Mexico and other countries and wreak havoc on the economic systems there, but does not want to allow people to come here to make a living.

"We have got to make this country understand that we are not a liability, but that we are an asset," Vasquez said.

Tupac returned to the mike to point out that Mexican and South American people, like other indigenous people, did not migrate because of economics, but because of the birds, the seasons and the stars.

"We travel, we move, but we do not leave," Tupac said. "We leave behind family and shrines, but that's not what the colonizers understand. They say [in the decision supporting snowmaking] that there is no substance to the Hopi, to the Hualapai beliefs. I do not find substance in government built on 500 years of colonization."

Danny Blackgoat, son of Roberta Blackgoat [noted Navajo activist against Navajo and Hopi relocation and coal mining] said that he had not planned on speaking, but came mainly because the spirit of his mother brought him to the march.

Blackgoat said that he found the efforts of the U.S. government in dividing tribes as well as Latino people very effective, and advised members of the gathering that they needed to see beyond what they were being told by that government.

"They are stealing our land and our resources," Blackgoat said. "My mother used to say that coal is the liver of the earth, water is her blood and that uranium was her heart. They are taking these things from us and it hurts. I can't add on more than what has been said here today, but my mother used to say that the might of the military, of the U.S. is because of our [indigenous/Latino and other minority] involvement. The U.S. is the policeman of the world, and they use the power of our human resources. Look at the percentage of minority members in the armed forces on the front lines, and I think you'll be surprised."

People from the crowd began reporting on other gatherings held across the country on this same day or just before--three million in L.A., 40,000 thousand in Milwaukee, 40,000 thousand in Denver, 70,000 in Chicago, 2,000 in Seattle-- and 15,000 in Mexico City. The message coming out of such protests is strong. Human and sacred rights can no longer be denied. 3/29/2006 4:00:00 AM Email this article • Print this article  Sacred Sites, Human Rights march draws 1,200 Grassroots organizations converge at Flagstaff City Hall to voice demands.

www.navajohopiobserver.com/main.asp?SectionID=29&SubSectionID=41& ArticleID=4775

NAHUACALLI
Embassy of the Indigenous Peoples
C/o TONATIERRA
Tel: (602) 254-5230
P.O. Box 24009 Phoenix, AZ 85074
Email: chantlaca@aol.com

The Legend of Truth and the Doctrine of Power
By Tupac Enrique Acosta

Legend is the loom of history. As was narrated thousands of times by the eminent mythologist of the West, Joseph Campbell, all of the cultures and nations of the world encounter one another in the process of weaving a collective conscience, a legend of the future -- a design that that emerges from the dual axis of the need of the human being to comprehend the reality of our nature, and
at the same time, the nature of reality.

In the world of Legend, there is law and there is also a boundary in the form of a shoreline. The law proclaims that no one can in reality understand the world through attempted isolation; instead it is necessary to give your heart to the world to know who we are as human beings. The boundary is the horizon of all human knowledge from its historical beginnings in all parts of the planet; yet this is only a boundary which invites us to approach with respect and, if we arrive with the passport of humility, we shall cross to be received in the mysterious house of wisdom.

Should we violate the law, intending to isolate ourselves in castles of arrogance, racism, nationalism, religious prejudice, fear, ignorance and lies we must then deliver the key to our self constructed prison to the Sheriff of the Doctrine of Power. Perhaps this name is not really appropriate since in truth he HAS NO POWER only the key which we ourselves have given him that opens the door to liberation. (In actuality, the Sheriff presents himself in the global
cultural matrix as the Nation State. To occupy our attention, occasionally he will toss into the cell of psychological control the games of chance which are known as electoral campaigns. Or, alternatively we are sentenced to be sent to fratricidal [all of them] or religious wars [also all of them]). In this context, within this paradigm of civilization, war and economics are synonymous.

A few intend escape. A few intend to see the world as it really is, without false borders and ordered instead by the real powers of love and justice in ecological balance. These implement a plan to wake the rest, actualizing political campaigns such as the “Dream Act” so that it shall be recognized universally that “Education is for all those who work to learn”. Others, invoking
the millennial roots of humanity itself, call to the winds with the shell trumpet of the seven seas – atecocoli – and continue on the path of a global humanity.

Meanwhile back at the ranch, the Sheriff panics to discover a maiden escapee from the prison is headed for the border, and so he urgently calls to alert La Migra (Border Patrol). The maiden's identity in the myth is AKA “Snow White,” while La Migra appears as the old, ugly witch who lives in the kingdom of lies and for that reason cannot see -- not even her own face, her personality in
human terms -- in the mirror of the Legend of Truth. How the story ends everybody knows, but not yet. The maiden still sleeps; she has NOT awakened but remains captured by the forces of fear, guilt, and the darkness of isolation which derive from a collective conscience which pretends ignorance of being active accomplice to the Doctrines of Power. The spell which binds her conscience in coma is the poison of the Domain of Dominion.

In the traditional songs of our Izkalotlan Pueblo, there is a popular verse which goes:

Even the Suns will die, the Stars shall sacrifice themselves,
Giving their blood which is the Light, offering their flesh
Which is pure Energy,
So that the Spirit
Shall be reborn.

On Saturday, September 13th, in their humble home of the NAHUACALLI, Embassy of the Indigenous Peoples, the community voices of the Izkalotekah who bring the song to life, gathered to invoke the memory of the Legend of Truth in attendance at the Annual Human Rights Conference of TONATIERRA. The song sings of the prophecy of the Sixth Sun, the Sun of Justice which is now dawning for the Indigenous Peoples of the continent and the world.

In addition to collectively addressing the themes of active community campaigns in the field of Civil Rights such as that of the Dream Act among many others, the issue of Human Rights was presented powerfully by the MACEHUALLI, Jornaleros (Day Laborers) of the community who provided a theatrical presentation of realities of jornalero life, the struggle to organize, and the victory of community. A message of testimony from jornaleros who worked at the ground zero
site in New York and who have suffered from abuse and criminal neglect because of their undocumented status was delivered as well.

The theme of this year's annual conference was Los Hijos de Maiz y el Camino a Cancún, and so it was the youth in attendance who took the lead to implement a direct public action in support of the movement by the Indigenous and Campesino movement mobilized on the very same day in Cancún, México in opposition to the agenda of the World Trade Organization. From the Maya of Chiapas,
Mexico the conference attendees received a greeting from our sister organization that spoke of the of the world vision of the Indigenous Peoples.
(Article: http://www.indiancountry.com/?1064252640&style=printable)

A report by the legation of Tlahtokan Aztlan which attended the United Nations Permanent Forum on Indigenous Issues in New York last May was also brought forward and discussed, as well as the work by La Alianza Indígena Sin Fronteras led by José Matus of the Yaqui Nation. The Black Mesa Water Coalition reported on their work to preserve the sacred aquifers of Black Mesa in the Four
Corners area of the Hopi and Navajo Nations, acknowledgment that the dialogue on Civil, Human and Indigenous Rights is at all times referenced by our collective obligations as Indigenous Nations of the territory.

The Doctrines of Power identified and exposed for community tribunal were:

The Doctrine of Discovery and the Royal Crowns of Europe – October 12th, 1492
The Doctrine of Colonization of the Continent and Indigenous Peoples of
America 1492-2003
The Monroe Doctrine, USA – December 2, 1823
The Doctrine of Permanent War, USA – 2003

Conference Documents available at: http://www.tonatierra.org/

TONATIERRA
NAHUACALLI
Embassy of the Indigenous Peoples
802 N. 7th Street
Phoenix, AZ 85006
Tel: (602) 254-5230
PO Box 24009
Phoenix, AZ 85074

Email:mailto:tonal@tonatierra.org
www.tonatierra.org

NAHUACALLI
Embassy of the Indigenous Peoples
March 21, 2006

To: The Government and Peoples of the United States of America
President George Bush
Members of Congress

It is with the great dismay that we receive news and direct testimony from our relatives of Tawatinsuyo regarding the physical repression and threats against the leadership of the organizations of Indigenous Peoples in Ecuador.  At a time when the cause of democracy is being propagandized to support a war in Iraq, we face in this hemisphere a policy being promoted by the US government that denies the right of popular participation of the Indigenous Peoples of Ecuador in determining the future of their country.

During the past week, under the present administration of Ecuadorian president Alfredo Palacio and in collusion with a small minority of wealthy economic interests including OXY Petroleum, the US government has launched a direct attack against the right of self determination of the Indigenous Peoples of Ecuador and the civil society as a whole.  At issue is the strong-arm tactics of the US government in attempting to force the Ecuadorian Peoples and their national government to accede under threat and intimidation from the US to be signatories to the Free Trade Area of the Americas, in violation of the necessary principles of democracy and transparency in the negotiation processes.

These tactics by the representatives of the United States will not be tolerated by the Indigenous Peoples of the continent, not now or at any future time.  We therefore demand the RECALL of the US representatives in Ecuador who are negotiating behind closed doors a so-called Free Trade Agreement (FTAA) with the present government of Ecuador until the following condition are met:

• Immediate end to the repression and threats against the leadership and member organizations of the Indigenous Peoples of Ecuador in violation of the right of Self Determination.

• Prior, Free, and Informed CONSENT by the Indigenous Peoples of Ecuador for any terms of such treaty to be negotiated, via a popular national assembly of constituents including all sectors of civil society and with immediate public transparency.

• Recognition and support for alternative models of sustainability and indigenous proprietary rights in terms of economic development, as evidenced by the Indigenous Peoples and territories continentally, in contrast to the corporate extractive models that dominate the present regime of Free Trade of the Americas (FTAA) policies.

These conditions are basic to establishing a framework for peaceful dialogue and mutual respect, without which we as Indigenous Peoples of the Continent can only expect the continued genocide and colonization of over five centuries.  In this spirit of self-determination, we now address this message to the government and peoples of the United States, and the world community as a whole.

Signed,

Tupac Enrique Acosta, Yaotachcauh
Tlahtokan Nahuacalli

NAHUACALLI
Embassy of the Indigenous Peoples
C/o TONATIERRA
Tel: (602) 254-5230
P.O. Box 24009 Phoenix, AZ 85074
Email: chantlaca@aol.com
www.tonatierra.org

www.conaie.org
Call to the Continent - The Indigenous Peoples of Ecuador Demand Democracy

CONAIE a la opinión pública
  Confederación de la Nacionalidades Indígenas del Ecuador

Ecuador, 20 de marzo de 2006   Las Confederación de Nacionalidades Indígenas del Ecuador, se dirige a la opinión pública nacional e internacional para informar lo siguiente:   

Las Nacionalidades y Pueblos Indígenas de Ecuador se encuentran movilizadas desde el día 13 de marzo, en las tres regiones del país. Hemos sufrido la represión del gobierno, y tenemos decenas de compañeros heridos, algunos de ellos de suma gravedad. Esta violencia es totalmente injustificada, porque nuestros compañeros han venido actuado de manera pacificaejerciendo su derechos constitucional.     

Nuestro mandato es claro. No permitiremos que el gobierno de Alfredo Palacios firme a espaldas del pueblo, un Tratado de Libre Comercio con los Estados Unidos. Porque este TLC va traer la miseria a nuestro país, y una cosa así debe ser consultada a todos los ecuatorianos, y no solo a un grupo de empresarios. Negociaciones se llevan en el más absoluto secretismo, exigiendo a todos los negociadores la firma de un documento de confidencialita, lo cual manifiesta una actitud totalmente antidemocrática.    

Porque se declare la caducidad del contrato con la compañía petrolera OXY y esta empresa salga del país. Ha violado la ley, ha engañado al estado ecuatoriano. No se trata de un capricho. Estamos cansados que los ricos, los poderosos en el país, no cumplan la ley, estafen, roben y al final queden impunes. Se cumpla con el dictamen dado por el Procurador del Estado y por Petroecuador que exige la caducidad inmediata del contrato con la OXY y por lo tanto su expulsión inmediata.    

Que se convoque a una Asamblea Nacional Constituyente. Donde podamos sentar las bases políticas y jurídicas para crear un nuevo estado Plurinacional y Democrático para todos los ecuatorianos. Una Asamblea donde participemos directamente los pueblos y nacionalidades indígenas, de trabajadores, de estudiantes, de profesionales. No vamos a permitir que los políticos de siempre, los grupos económicos poderosos se repartan la riqueza del país, para seguir haciendo sus negociados y afectando a todos los ecuatorianos.    

Con indignación el pueblo ecuatoriano y la CONAIE vemos como Alfredo Palacio, el Presidente del gobierno transitorio de la República, ha traicionado el mandato de abril, y pretende llevar adelante políticas contra los intereses nacionales.    

Ante la imposibilidad de responder políticamente al pueblo ecuatoriano, responde con agravios, pretendiendo deslegitimar a lideres indígenas de historia intachable, que siempre con sus actos han manifestado su rechazo a políticas que afectan el bienestar, los derechos económicos, políticos y culturales, en definitiva la soberanía y libre determinación de los pueblos y nacionalidades indígenas. De los dirigentes y lideres indígenas de todo el país. Lo que pasa es que el gobierno, e incluso ciertos periodistas e intelectuales por su racismo o por otros intereses, quieren hacer creer a la gente en las ciudades que la lucha es la acción de una persona.     

Iniciar el proceso de comparecencia de los Ministros de Defensa y de Gobierno por la violación a los derechos humanos y la brutal represión ejercida contra el pueblo movilizado.    

Exigir la renuncia del Ministro de Finanzas por existir un directo conflicto de intereses puesto que el economista Diego Borja que representa a los exportadores florícolas interesados en la firma del TLC.    

Responsabilizamos al Presidente de la República por todo lo que pudiera suceder con relación a la seguridad y a la vida de los dirigentes indígenas, campesinos, estudiantiles, y de todos aquellos que con dignidad estamos realizando esta lucha histórica.   

Shuk shunkulla, un solo corazón;
shuk makilla, un solo puño,
shuk shimilla, una sola voz   

Consejo de Gobierno de las Nacionalidades y Pueblos Indígenas CONAIE   

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"S¡ a la vida, No al ALCA.
Otra Am‚rica es posible."   

Secretar¡a Operativa: Campa€a Continental contra ALCA / ASC
sri_cut@uol.com.br
Telf: (55 11) 3272 9411 ext. 136
Direcci¢n: Rua Caetano Pinto, 575
CEP 03041-000, Sao Paulo, Brasil  

Grassroots Mobilization for Sacred Sites and Human Rights in Flagstaff, Arizona

Over a thousand people expected to converge in Flagstaff to march for Sacred Sites and Human Rights on March 25th   

"Every year, M.E.Ch.A. marches on an issue that the local chapter has been engaged with," said Kesia Ceniceros female co-chair of M.E.Ch.A., "This year we have asked the Save the Peaks Coalition and other organizations to collaborate on our march to protect sacred sites and human rights of the Indigenous peoples of the Americas.   

“Attacks on sacred sites and colonial borders that divide our families and peoples are a violation of our human rights as Indigenous peoples within our own homelands,” said Evon Peter, Chairman of Native Movement, “This March is a reflection of the growing solidarity within communities that are working for human rights, peace, and justice in the Americas.”   

"We are anticipating a thousand people to demonstrate their support for the movement to protect the San Francisco Peaks from Snowbowl's proposed desecration and for the human rights of Immigrants," said Kelley Nez of Youth of the Peaks, “This march unites the struggles to protect sacred places and the rights of working peoples, key issues that have been affecting us in the southwestern US and throughout the Americas. We are marching in solidarity with our people’ s north and south against the ongoing efforts for a corporately controlled global economy, which continues to leave our communities with little or nothing.”   

www.savethepeaks.org  

Western Shoshone Victorious at United Nations:  U.S. Found in Violation of Human Rights of Native Americans – Urged to Take Immediate Action

  10 March 2006, Geneva Switzerland.  Today, in an historic and strongly worded decision by the United Nations Committee on the Elimination of Racial Discrimination (CERD) the United States was urged to “freeze”, “desist” and “stop” actions being taken or threatened to be taken against the Western Shoshone Peoples of the Western Shoshone Nation. In its decision, CERD stressed the “ nature and urgency” of the Shoshone situation informing the U.S. that it goes “ well beyond” the normal reporting process and warrants immediate attention under the Committee’s Early Warning and Urgent Action Procedure.   

  This monumental action challenges the US government’s assertion of federal ownership of nearly 90% of Western Shoshone lands.  The land base covers approximately 60 million acres, stretching across what is now referred to as the states of Nevada, Idaho, Utah and California.  Western Shoshone rights to the land - which they continue to use, care for, and occupy today - were recognized by the United States in 1863 by the Treaty of Ruby Valley.  The U.S. now claims these same lands as “public” or federal lands through an agency process and has denied Western Shoshone fair access to U.S. courts through that same process.  The land base has been and continues to be used by the United States for military testing, open pit cyanide heap leach gold mining and nuclear waste disposal planning. The U.S. has engaged in military style seizures of Shoshone livestock, trespass fines in the millions of dollars and ongoing armed surveillance of Western Shoshone who continue to assert their original and treaty rights.  

  Based upon these actions and a dramatic escalation of new actions threatening irreparable harm to Western Shoshone and their environment, last year, with the support of the Univ. of Arizona Indigenous Law and Policy Program, the Western Shoshone filed a renewed legal action at the United Nations CERD. In addition to evidence of the United States’ conduct, the Western Shoshone delegation also delivered over 13,000 signatures from citizens across the United States of America supporting the Western Shoshone action to CERD. This petition was a result of a campaign organized by the rights-based development organization Oxfam America to demonstrate the widespread concern for the Western Shoshone peoples to the United Nations.  

  CERD rejected the U.S.’ argument that the situation was not “novel” and therefore should wait to be reviewed until the U.S. submits its Periodic Report – past due since 2003.  The Committee informed the U.S. that “[a]lthough these are indeed long-standing issues…they warrant immediate and effective action… [and] should be dealt with as a matter of priority.”   The United States was “ urged to pay particular attention to the right to health and cultural rights of the Western Shoshone…which may be infringed upon by activities threatening their environment and/or disregarding the spiritual and cultural significance they give to their ancestral lands.”  

CERD presented its decision to the Western Shoshone this morning.  The decision details the U.S.’ actions against the Western Shoshone and calls upon the United States to immediately:  

·   Respect and protect the human rights of the Western Shoshone peoples;  

·   Initiate a dialogue with the representatives of the Western Shoshone peoples in order to find a solution acceptable to them, and which complies with their rights;  

·   Adopt the following measures until a final decision or settlement is reached on the status, use and occupation of Western Shoshone ancestral lands in accordance with due process of law and the U.S.’ obligations under the Convention;

·   Freeze all efforts to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developers;

·   Desist from all activities planned and/or conducted on Western Shoshone ancestral lands;

·   Stop imposing grazing fees, livestock impoundments, hunting, fishing and gathering restrictions and rescind all notices already made.  

The decision is historic in that it is the first time a United Nations Committee has issued a full decision against the U.S. in respect to its highly controversial Federal Indian law and policy.  The decision expressed particular concern that the U.S.’ basis for claiming federal title to Western Shoshone land rests on a theory of “gradual encroachment” through a “compensation” process in the Indian Claims Commission.  The decision highlights that this same process was found by the Inter-American Commission on Human Rights to violate “ international human rights norms, principles and standards that govern determination of indigenous property interests.”  When the U.S. last appeared before the Committee in 2001, Committee members expressed alarm and concern that U.S. laws regarding indigenous peoples continue to be based on the outdated, colonial era “doctrine of discovery.”     

The Committee gave the U.S. a July 15, 2006 deadline to provide it with information on the action it had taken.  The decision issued today demonstrates a solid commitment by the United Nations human rights system to make the Western Shoshone’s struggle a priority. Whereas indigenous peoples have been active at the United Nations for several decades, the decision today also brings a breath of hope to indigenous communities across the U.S. and globally where the negative effects of U.S. policy and influence reach.  In its decision, the Committee drew particular attention to its General recommendation 23 (1997) on the rights of indigenous peoples, in particular their right to own, develop, control and use their communal lands, territories and resources.    

Comments from Western Shoshone Delegation to United Nations (March 10, 2006):

  “We have rights to protect our homelands and stop the destruction of our land, water, and air by the abuses of the United States government and the multinational corporations.  The situation is outrageous and we’re glad the United Nations Committee agrees with us.  Our people have suffered more nuclear testing than anywhere else in the world and they’re continuing underground testing despite our protests.  Yucca Mountain is being hollowed out in order to store nuclear waste.  We cannot stand for it – this earth, the air, the water are sacred.  People of all races must stop this insanity now in order to secure a safe future for all.”  Joe Kennedy, Western Shoshone.  

“The Western Shoshone Nation is very thankful to the Committee members for their decision affirming U.S. discrimination and destructive policies do not go on unaccounted for.  Truth is what it is – that can never change.  We pray for the healing of our peoples, the land and the harassment and destruction to stop.  While others are allowed the freedom of religion, we are kept from the very same right.  The Newe (people) use this ancestral land for sacred ceremonies. The federal agencies prevent our access to some of these important areas.  Our ancestors’ burials are being dug up and placed into local museums’ basement storage areas because of surge of gold mines and nuclear developments.  This is an outrage to our people!”   Judy Rojo, Western Shoshone.  

 “This battle has been going on for quite some time, but we’ve seen a dramatic increase in the federal government and the companies’ rush to finalize what they consider a settlement in order to get a hold of our lands for activities that are contaminating our water and our air.  Again, we are very pleased that our rights are finally being taken seriously and we look forward to positive actions being taken by the U.S.”   Steven Brady, Western Shoshone.  

“We are Shoshone delegates speaking for a Nation threatened by extinction.  The mines are polluting our waters, destroying hot springs and exploding sacred mountains—our burials along with them--attempting to erase our signature on the land.  We are coerced and threatened by mining and Federal agencies when we seek to continue spiritual prayers for traditional food or medicine on Shoshone land.  We have endured murder of our Newe people for centuries, as chronicled in military records, but now we are asked to endure a more painful death from the U.S. governmental agencies —a separation from land and spiritual renewal. We thank our past leaders for their persistence and courage and the CERD for this monumental step”  Bernice Lalo, Western Shoshone.