Indigenous Peoples and Human Rights

August 27, 2010

Schwarzenegger's slick oil 'marine life protection' deal at Shelter Cove


Arnold’s MLPA Officials to Hold Public Meeting in Shelter Cove

Article and photo by Dan Bacher©
Censored News

SHELTER COVE, Calif. -- Faced with massive opposition by Indian Tribes, fishermen and environmentalists, officials from Governor Arnold Schwarzenegger’s fast-track Marine Life Protection Act (MLPA) Initiative will hold a “public information session” about the effort to create so-called Marine Protected Areas (MPAs) along California’s northern coastline.

The meeting will be held on Sunday, Aug. 29, from 3 to 4 p.m., at the Shelter Cove Fire Station Meeting Hall, 9126 Shelter Cove Road in Shelter Cove, California.

“Adopted into California state law in 1999, the MLPA requires all existing state marine protected areas to be reevaluated, and a statewide system to be created to protect marine life, habitat and ecosystems,” according to a news release from the California Department of Fish and Game (DFG). “The MLPA Initiative is currently in the planning stages for the north coast study region, which includes state waters from the California-Oregon border to Alder Creek near Point Arena.”

“Staffed by members of the Marine Life Protection Act (MLPA) Initiative, the meeting will provide interested members of the public with information about the scope and process of the effort,” the release stated. “Questions and public input are welcome.”

I have challenged MLPA proponents to answer the following questions that cut to the core of the current MLPA process - and I encourage attendees to challenge MLPA officials with these questions. None have responded yet to my specific questions, but only continue to repeat their unsubstantiated claims that the Initiative is “open, transparent and inclusive” and that anybody who criticizes the initiative is an opponent of “ocean protection.”

Here are the questions:

Why did the Governor and MLPA officials install an oil industry lobbyist, a marina developer, a real estate executive and other corporate interests as “marine guardians” to remove Indian Tribes, fishermen and seaweed harvesters from the water by creating so-called "marine protected areas" (MPAS)? Isn’t this very bad

Why is Catherine Reheis-Boyd, the president of the Western States Petroleum Association, allowed to make decisions as the chair of the BRTF for the South Coast and as a member of the BRTF for the North Coast, panels that are supposedly designed to “protect” the ocean, when she has called for new oil drilling off the California coast? Do we want to see oil rigs off Point Arena, Fort Bragg and other areas of some of the most beautiful coastline of North America?

Why is a private corporation, the shadowy Resources Legacy Fund Foundation, being allowed to privatize ocean resource management in California through a Memorandum of Understanding (MOU) with the DFG?

Why do the MLPA Blue Ribbon Task Force (BRTF) and Science Advisory Team continue to violate the California Public Records Act by refusing to respond to numerous requests by Bob Fletcher, former DFG Deputy Director, for key documents and records pertaining to the MLPA implementation process?

Why do MLPA staff and the California Fish and Game Commission refuse to hear the pleas of the representatives of the California Fish and Game Wardens Association, who oppose the creation of any new MPAs until they have enough funding for wardens to patrol existing reserves?

Why did MLPA staff until recently violate the Bagley-Keene Act and the First Amendment of the U.S. Constitution by banning video and audio coverage of the initiative’s work sessions?

Why has the Initiative shown no respect for tribal subsistence and ceremonial rights?

This is an overt violation of the American Indian Religious Freedom Act and the UN Declaration on the Rights of Indigenous People. Article 32, Section 2, of the Declaration mandates “free prior and informed consent” in consultation with the indigenous population affected by a state action (http://www.iwgia.org/sw248.asp).

The MLPA also violates Article 26, Section 3, that declares, “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.”

Why are there no Tribal scientists on the MLPA Science Advisory Team and why were there no Tribal representatives on the Blue Ribbon Task Forces for the Central Coast, North Central Coast or South Coast MLPA Study Regions?

Why does the initiative discard the results of any scientists who disagree with the MLPA’s pre-ordained conclusions? These include the peer reviewed study by Dr. Ray Hilbert, Dr. Boris Worm and 18 other scientists, featured in Science magazine in July 2009, that concluded that the California current had the lowest rate of fishery exploitation of any place studied on the planet.

Why does the MLPA Initiative refuse to acknowledge California Indian Tribes as sovereign nations?

Finally, why did 300 Tribal members, fishermen, immigrant workers and environmentalists on July 21 feel so left out of the MLPA process that they had to organize a march and direct action to take over a MLPA Blue Ribbon Task Force meeting so their voices would be finally heard?

I urge you to sign a petition to support Assemblymen Wesley Chesbro’s call for a six-month delay in the North Coast MLPA process at: http://www.thepetitionsite.com/1/saveoceanacsess/

Second, please sign this petition to the State of California to acknowledge and include Tribal traditional uses within state regulations for marine protected areas of the MLPA nitiative. Go to the Inter-Tribal Water Commission of California website: http://www.itwatercommission.org/. There is a link at the bottom of the posting that goes to: http://www.thepetitionsite.com/2/protect-traditional-lifeways-in-the-marine-life-protection-act/ For more information about the MLPA, visit http://www.dfg.ca.gov/mlpa.

August 26, 2010

Kawaiisu Indians: Developer does not own remains of families


Kawaiisu protecting burial grounds from developer in California
News release
As California develops its Open Space, Native American Sacred Sites are being destroyed. The State’s environmental law, CEQA, is cited in a Federal Court case brought by a Tribe to protect their Ancestors burial grounds. The Kawaiisu Tribe of Tejon objects to a phrase in a Kern County EIR, where it states that the corporate developer “owns the remains” of their families.
This case also seeks to resolve a problem long cited by California Tribes, the proper designation of Most Likely Descendants, Consultants and Monitors, by the California Native American Heritage Commission. Tejon Mountain Village (TMV) is a 26 thousand acre resort development
on land owned by the Tejon Ranch Corporation, a publicly traded entity. The project proposes three hotels, 750 resort lodging units, 3400 homes and 160,000 sq. ft. of commercial development. The acreage falls within the Indian Country of the Kawaiisu people and has over 50 documented pre-historic village sites. The Kawaiisu are one of the ancient Great Basin Shoshone Paiute Tribes, whose pre-European territory extended from Utah to the Pacific Ocean.
This case also cites the federal acknowledgement process, the Administrative Procedure Act and Repatriation of Native American remains. The Tribe’s case is litigated by Christopher K. King, of
Washington, DC. To read the August 15, 2010 Amended Complaint, visit the Eastern District Court of California case number 1:09 CV 01977 OWW SMS or view the pleading at the Tribes blog:
http://kawaiisutribeoftejon.blogspot.com/2010/08/kawaiisu-lawsuit-amended-complaint.html
For more information contact: kate.devries@gmail.com

Quit kicking Wikileaks

By Brenda Norrell
Censored News
http://www.bsnorrell.blogspot.com/

While the US is kicking and screaming about Wikileaks posting data, no one pays attention to the documents already posted by the US Army itself, including the Special Operations manual that describes the extensive support to guerrillas (terrorists) by US military special operations to carry out violence. Among the US goals is to destabilize governments and keep wars going.

Wikileaks exposed the fact that the US has been paying the Taliban and resistance forces.

Already online, posted by the US Army itself, is: "A Leader's Handbook to Unconventional Warfare." It describes in detail how the US military supports guerrilla movements (terrorists): http://www.soc.mil/swcs/swmag/Assets/SWCS%20Publications/Leaders%20Guide%20Final.pdf

Among the legal and moral questions this raises: Where did the weapons and ammunition come from that were recently used to murder volunteer doctors in Afghanistan?

How many US, British and others have been killed because of the US support given to the Taliban and others?

Under the guise of the drug war in the south, how many Americans have been killed and tortured as a result of the training at the US School of the Americas and the US weapons provided?

Why isn't the media asking the questions.

Murdered Migrants near the Border: Incovenient Truth for the US


By Brenda Norrell
Narcosphere
http://narcosphere.narconews.com/notebook/brenda-norrell/2010/08/murdered-migrants-near-border-inconvenient-truth-us
Photo: California border by Brenda Norrell.

The 72 people murdered at a ranch in Tamaulipas State, about 100 miles south of Brownsville, Texas, were migrants. A survivor from Ecuador, shot in the neck, said those murdered were migrants from Ecuador, Brazil, Honduras and El Salvador. The bodies of 58 men and 14 women were found in a one room.

Most migrants are Indigenous Peoples from Central and South America. They have nothing and are walking north through Mexico trying to survive. They are often kidnapped and help for ransom. Those who have no way of paying the kidnappers are shot, one by one, or tortured in front of the others. They are asked to give a phone number of a person in the US that can pay the ransom, if they have no one, they are killed. This is revealed in the new documentary "The Invisibles," which just premiered in Tucson.

The US news media fails to point out that the most vicious killers in Mexico, the Zetas running the drug trafficking, were trained by the United States as Special Forces at the US School of the Americas in Ft. Benning, Ga. The US Army Rangers Special Forces were part of this training. It was after this training that they became the Zetas and began their torturing and murdering rampage through Mexico.

The other fact that the US fails to admit is this: It is the US appetite for drugs that creates the drug war in Mexico.

No one tells this part of the story.

The US media fails to tell another story. It is the truth of the displacement of Indigenous Peoples, primarily corn farmers in Central and South America, from their homelands by NAFTA and other trade agreements. The corporate takeovers of their lands for dams, energy development and corporate enterprises, using military and paramilitary units, have created homelessness for masses of Indigenous Peoples.

US corporations, including Chiquita Bananas in Colombia, have admitted in US court that they use hired assassins to eliminate Indigenous Peoples and poor farmers from their land.

Those who walk north are desperate people trying to survive.
UPDATE: On Friday, the lead investigator and a police officer were missing following the ranch massacre of 72 migrants. Two car bombs exploded, one at a police station and another at a television station.