Indigenous Peoples and Human Rights

September 5, 2010

US Human Rights Network issues report for UN Periodic Review


US Human Rights Network issues serious report for the United Nations, following the watered-down Periodic Review issued by the US State Department

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

A joint report for the UN Periodic Review from the US Human Rights Network has been released. Unlike the US State Department's watered-down version of the testimony presented at the Listening Conferences, this 423-page document covers American Indian treaties and specific concerns expressed by Native Americans.
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"Treaties with Indigenous Nations, and the range of rights they affirm, continue to be
consistently violated by the United States," the US Human Rights Network report states.
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The Human Rights Network report includes sections on Indigenous Peoples rights, US torture in violation of Geneva Conventions and systematic racial discrimination in the US, in regards to race and gender in housing, employment and elsewhere. It describes the shocking and inhumane treatment of migrants by ICE and Homeland Security and the militarization of the US/Mexico border.
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Racial profiling is exposed in Arizona, both by Border Patrol agents and law enforcement.
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"In a survey conducted with over 300 families in Arizona border communities, the Border Action Network found that a startling majority of residents (41% in Pirtleville, 66% in Naco, 70% in Nogales, and 77% in Douglas) felt that Border Patrol Agents stopped people for simply having brown skin," the Human Rights report states.
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Racial profiling of American Indians by police is also documented. In Arizona, analysis of data related to highway stops made between July 1, 2006 and June 30, 2007, found that Native Americans were more than 3 times as likely to be searched as whites by officers of the Arizona Department of Public Safety.
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The release of the report is in preparation for November 5, 2010, when the United States is scheduled to appear before the United Nations Human Rights Council’s Universal Periodic Review Working Group to openly discuss and account for its human rights record.
The Human Rights Network said, "This historic review will be the first time the United States is called upon to address how its policies and practices compare not only to those human rights standards set forth UN human rights treaties it has ratified, but also to the full panoply of rights set forth in the UN Charter and the Universal Declaration on Human Rights."
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While the State Department's watered down version omitted most Native American concerns, it did inflame Arizona Gov. Jan Brewer.

"The report on human rights in the United States submitted by the State Department to the United Nations on August 20 has been met with criticism from conservative quarters," the Human Rights Network said in its statement.
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"Most recently, Arizona Governor Jan Brewer demanded that an innocuous mention of Arizona’s controversial immigration law be removed from the report."

The Universal Periodic Review process examines the human rights records of all U.N. member states every four years. Moreover, a comprehensive report of domestic human rights issues coordinated and released by the US Human Rights Network clearly demonstrates that the problems addressed in the government report are not only real, but understated.

The Human Rights Network report (below) consists of 26 separate submissions by civil society groups and human rights advocates covering a sweeping range of human rights topics. (The full press statement is at: http://www.ushrnetwork.org/sites/default/files/UPR%20report%20press%20release%202010.pdf )

The Human Rights Network report includes submissions on human rights from the Indigenous Environmental Network, International Indian Treaty Council, International Justice Program Owe Aku (Bring Back the Way), Laguna Acoma Peoples for a Safe Environment, Nation of Hawaii (Oahu and Maui Hawaii), National Native American Prisoners’ Rights Coalition, Pit River Tribe and Wintu Nationk, Venetie Traditional Council, Gwich’in in Athabascan Nation, Wanblee Wakpa Oyate, Pine Ridge Reservation and Western Shoshone Defense Project.

The Human Rights Network report was released the first week of September, at the same time that Uranium Resources, Inc., said it is preparing to begin drilling for uranium alongside Ambrosia Lake, N.M., on the Navajo Nation, threatening the water supply of future generations of Navajos.
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The report points out the legacy of death from uranium mining in the Southwest. "The Pueblo, Navajo, Hopi, Havasupai, and Western Shoshone Peoples were exposed to the ruinous effects of uranium mining milling, waste storage and weapons testing, since the late 1940’s. Uranium production has killed hundreds of Indigenous Peoples, including hundreds of miners still dying from radiation poisoning and cancers of all sorts. Radioactive residue blown by 324 the wind and seeping into surface and ground water in a continual poisoning of Indigenous communities has never been remedied."
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The uranium mining that is once again targeting Navajoland is also targeting Lakota lands.
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The report states, "The Lakota Nation and the Pine Ridge Reservation located in South Dakota, have been subjected to the same deleterious effects including illness, deaths and environmental ruination by uranium mining in the Sacred Black Hills, which are recognized and protected by the 1868 Ft. Laramie Treaty with the US and are also subject to Aboriginal Title. The Lakota are now in a struggle against the expansion of a uranium mine licensed by the Nuclear Regulatory Commission (NRC) of the United States. The mining company, CAMECO, the world’s largest producer of uranium proposes an 'in situ leaching' process (ISL) that would pump millions of gallons of toxic and radioactive substances such as Arsenic, Radium 226 & 228, Thorium 230 into the Earth and groundwater. The licensing of the CAMECO expansion is in litigation. The proposed ISL would undoubtedly affect the regional watershed but CAMECO’s scientists claim that the watersheds are unrelated and that 'no one uses' the affected watershed in the homeland of the Lakota Nation."
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The Human Rights Network also points out the gold mining that threatens sacred Mount Tenabo of the Western Shoshone and how Shoshone land has been targeted by the military and for nuclear dumping.
"For example, the Western Shoshone have documented the involvement of corporations with respect to concerns regarding open pit mining, nuclear waste disposal and military testing, and new efforts to pipe massive quantities of water from under their traditional land base to water the growing metropolitan area of Las Vegas, Nevada."
The pristine region of the Arctic has also been targeted by the US for oil and gas drilling. Further, sacred San Francisco Peaks will be defiled with snow made from sewage water for tourism at the Snowbowl, if not halted.

"This has been carried out not only without consent, but in the face of vehement and united protest by Indigenous Peoples who consider it to be sacred, including the Navajo, Yavapai-Apache White Mountain Apache, Hopi, Havasupai and Hualapai Nations," the report states.

The new report describes the shocking and inhumane treatment of migrants by ICE and Homeland Security and the militarization of the US/Mexico border.

The report states how migrants are held behind barbed wire, subjected to strip searches and denied basic human rights during imprisonment.

"Depending upon where they are detained, they may not be permitted contact visits with family, may be subject to degrading conditions including strip searches, and may face barriers to communicating with their family, counsel, or other support systems. Immigrants in detention may be held for prolonged periods of time without access to the outdoors.

"Appropriate psychological and medical services for torture survivors are universally unavailable. Immigrant detainees routinely are commingled with convicted people."

The report describes how minor children are held in custody for up to three days with adult detainees. There is also a reference to the outdoor "cage" on the Tohono O'odham Nation.

"Some holding cells are compared to large cages in the desert."

Racial profiling by law enforcement is blatant in Arizona, with complaints exposing Maricopa Sheriff Joe Arpaio.

"For example, in March 2009, the U.S. Department of Justice announced an investigation into the Maricopa County (Arizona) Sheriff’s Office to determine whether law enforcement officials have engaged in 'patterns or practices of discriminatory police practices and unconstitutional searches and seizures.' Sheriff Joe Arpaio has been the subject of a number of complaints, including some from local city mayors and members of the U.S. Congress," the report states.

The report addresses the need for passage of the UN Declaration on the Rights of Indigenous Peoples, the imprisonment of Leonard Peltier and other issues which were either omitted or understated in the US State Dept.'s Periodic Review.


The US Human Rights Network report states, "The United States has not endorsed the UN Declaration on the Rights of Indigenous Peoples, and has not taken satisfactory measures to address the CERD 2008 concluding observations and recommendations vis-à-vis Indigenous Peoples, or those made by the Human Rights Committee in its 2006 review. The CERD specifically raised concerns about: the incidence of rape and sexual violence experienced by American Indian and Alaska Native women; reports relating to activities, such as nuclear testing, toxic and dangerous waste storage, mining and logging, carried out or planned in areas of spiritual and cultural significance to indigenous peoples, and noted the negative impact those activities have on rights of indigenous peoples under Articles 5(d)(v), 5(e)(iv), and 5(e)(vi) of ICERD. The Human Rights Committee raised concerns about the lack of action on the
part of the United States to ensure judicial protections against the extinguishment of aboriginal rights on the basis of the plenary power of Congress regarding Indian affairs, and urged the United States to secure the rights of all indigenous peoples under Article 1 and 27 of the ICCPR to provide for greater participation and influence in the decision-making affecting their natural environment, means of subsistence, and culture."

Read full report:
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US State Department's sham reporting of human rights abuses
Footnote; Not only was the US State Department's Periodic Review issued in August a sham, but the State Dept. summaries posted online are an insult to Native Americans who testified at the Listening Conferences, lacking names and pertinent information on the issues: http://www.state.gov/g/drl/upr/summaries/index.htm

September 4, 2010

The Sanctioning of Hate on the Arizona Border


The sanctioning of hate on the Arizona border

By Brenda Norrell
Narcosphere
Photo: Crosses, at San Xavier on Tohono O'odham land, to remember migrants who died in Arizona's Sonoran Desert. Photo Brenda Norrell.

TUCSON -- Native Americans living along the US/Mexico border spoke out this week against the militarization of their homelands, racial profiling and the lack of support for humanitarian water to save lives along the border.

After releasing their statements, tirades of hatred, threats and intimidation were sent by way of e-mails and comments. The racist taunts were similar to those of the Civil Rights Era.

With the arrival of the KKK, Minutemen and other hate groups in southern Arizona, these racist attacks have intensified.

Sheriff Joe Arpaio has made his good old boy appeal to the closet Klansmen of America. Arizona Gov. Jan Brewer, not without her “George Bush moments,” has been emboldened by the action of the Arizona State Legislature and provided a platform of racism and hate with the passage of SB 1070 and other legislation.

Now, there is another platform to fuel border racism and sanitize hate. It is the news media.

In southern Arizona, many newspapers allow unmoderated comments to be posted on their news stories. This results in slander and baseless accusations of crimes, including drug running, to be posted with the articles.

No where else does the mainstream print media allow slander, accusations of felonies without facts, or outright lies to be published. The result is defamation of character and information that can even put lives at risk posted by hate groups and individuals.

Meanwhile, in television news, hate groups are sanctioned by the media. Would TV crews sit down for a cup of coffee, or friendly roundtable, with a group from the KKK?

The result of this climate of hate is that all people of color along the border are targeted with racial profiling, excessive force and violations of law carried out by Border Patrol agents and local police. Humanitarians and activists, regardless of the color of their skin, are also targeted by police and Border Patrol agents.

The politicians and lobbyists are smiling all the way to the bank.

The politicians and lobbyists feed the national news media the stories and fuel the fear. They profiteer from the billions of dollars in contracts for the pieces of border wall built here and there, for spy towers that don’t work and the drones which endanger the lives of residents on the ground. They spin their public relations for multi-million dollar contracts for security thugs.

They fuel the racism at the border to provide more contracts for private prisons, including CCA and GEO, and the transportation of detained migrants for companies like Wackenhut. Imprisoning people of color has become big business for Arizona.

With the collapse of the media, these profiteers have found it easy to manipulate the news and distort the truth.

They found it easy to jump start America's war on brown people.

Read this week’s statements from Native Americans:
Ofelia Rivas, O’odham, to National Guard: We do not want you on our land
http://narcosphere.narconews.com/notebook/brenda-norrell/2010/08/oodham-national-guard-we-do-not-want-you-our-land
Mike Wilson, Tohono O’odham who puts out water for migrants, responds to threat of poisoned water
http://narcosphere.narconews.com/notebook/brenda-norrell/2010/08/mike-wilson-tohono-oodham-responds-threat-poisoned-water
Jose Matus, Yaqui ceremonial leader and director of the Indigenous Alliance without Borders, voices support for new border watch patrols to document abuse by Border Patrol agents and police
http://narcosphere.narconews.com/notebook/brenda-norrell/2010/09/border-watch-patrols-launch-document-abuse

Also see: Southern Poverty Law Center's map of hate groups in America:
http://www.splcenter.org/get-informed/hate-map

September 3, 2010

Vigil song for Native carver murdered by Seattle police

John T. Williams Vigil in Seattle

Watch video on YouTube at: http://www.youtube.com/watch?v=yBJW9wFMJSk


"We are angry and outraged that his life was interrupted for seemingly no reason, and so callously disregarded," said Jenine Grey of the Chief Seattle Club. "We are worried about our most vulnerable community members who suffer regular harassment and abuse on the streets of Seattle.
"We are holding the Seattle Police Department and the city of Seattle accountable for his death."
More:
http://www.seattlepi.com/local/426172_wiilliams03.html

More articles at Pechanga Net Native News

http://www.pechanga.net/NativeNews.html

Read more news at Censored News Special Edition
http://www.censored-news.blogspot.com/

Zapatista Summer: Schools for Chiapas
Conviction overturned: Leaving water for dying migants is not littering
Crying Earth Rise Up! Oglala Lakota People and Uranium mining (34 page document can be printed out)
Solola, Guatemala: Assassination of Maya teacher and why we should care
Navajo Nation wants federal consultation Obama promised on San Francisco Peaks
Bolivia: 'Harmony with Nature' at United Nations
Films Showcased by Indian Youths on Indian Lands

Flagstaff City Council votes no drinking water for snowmaking


Contact: Klee Benally
media@truesnow.org
(928) 380-2629
www.Truesnow.org
Flagstaff City Council Votes No Drinking Water for Snowmaking

Citizens and Environmental Groups Gain Victory for Wise Water Use
By Klee Benally

FLAGSTFF, Ariz. – After 4 hours of meeting Flagstaff City Council voted 5-2 to not amend a proposed substitute agreement to sell 180 million gallons of Flagstaff’s drinking water to Arizona Snowbowl for snowmaking on the Holy San Francisco Peaks.

More than 150 concerned community members attended including Tribal representatives from Hopi, Navajo and Havasupai Nations.

“I am grateful that wise water use in Flagstaff won today although we still have many challenges ahead of us,” said Russell Crawford, Graduate Student in Sustainable Communities at Northern Arizona University. “It’s clear that this private business’ attempt to use our precious drinking water for recreation was a horrible idea. We must continue to work for respectful, sane and sustainable solutions for our entire community, and that means our whole region. This has to be done for our children and all generations to come."

According to the Arizona Daily Sun the city of Flagstaff uses half the groundwater in central northern Arizona. Snowbowl would have taken about 5 percent of all the potable water the city used. According to City staff, Flagstaff is expected to run out of drinking water by the year 2050.

On Monday, August 30th at Sinagua Middle School more than 700 community members and neighboring Tribal representatives met for 7 hours for spoken public input and presentations by Snowbowl, Flagstaff City staff and other interests. No spoken public input was taken on Thursday except as requested by City Council.

Questions were raised by council members after a USDA representative could not answer questions involving Tribal consultation and how the proposed amendment to use drinking water instead of wastewater came about. There seemed to be confusion whether the proposal originated from the USDA or City staff. Although it was stated by the USDA that the idea originated from City staff, City manager Kevin Burke tried to defer it to the USDA.
The deal was initially presented as a “less offensive” option for Tribes who hold the San Francisco Peaks holy, but overwhelmingly the Tribes opposed the plan.
The government also offered $11 million taxpayers dollars to offset paying for the higher costing drinking water in a move criticized as a corporate bailout. When pressed, the USDA stated that the funds weren’t guaranteed but could be taken from “various sources.”

“This was a failed attempt by City Manger Kevin Burke, Arizona Snowbowl & the USDA to undermine the current lawsuit over National Environmental Policy Act (NEPA) and sidestep the health threats if humans ingest snow made from treated sewage effluent.” Said Klee Benally, Flagstaff resident & media liaison for Truesnow.org. “Kevin Burke & the USDA initially tried to railroad this plan through but the community caught them and ultimately it was community pressure that stopped them.”

With a successful NEPA lawsuit, the current City Contract to sell wastewater for snowmaking could be rescinded.

A majority of the council stated that they were interested in how the NEPA lawsuit would end.

The suit asserts, among other things, that the Final Environmental Impact Statement (FEIS) prepared by the USFS ignores the possibility of human ingestion of snow made from treated sewage effluent. Snowbowl would be the only ski area in the world to use 100% wastewater to make snow.

“The City Council has done a great service for our present and future citizens by not selling our drinking water and allowing for the NEPA case to be heard.” Said, Moran Henn an environmental scientist & Flagstaff resident. “Everyday there is new evidence of the toxicity of wastewater.”

Citing the City’s practice of “co-mingling” or injecting wastewater directly into water sources where drinking water is pumped from, Mayor Presler stated she saw no difference in using treated sewage effluent or drinking water for snowmaking.

“Flagstaff’s citizens should be very concerned,” said Avi Henn, environmental scientist and Flagstaff resident, “If we listen to City staff and seriously consider their projections of future water shortages by 2027 we would have to cancel the snowmaking contract because we’ll need every drop of water to drink. Or, as scientists like Dr. Cathy Propper have proven, we’ll desperately need to find another source of water because ours is already contaminated with hormones, pharmaceuticals, and other known ‘endocrine disruptors’ that the City admits they don’t test for or treat for. However you look at it we need find a way out of this contract, it’s a bad deal for Flagstaff.”

“The City Council decision is a step in the right direction as far as recognizing the needs of the neighboring Tribes which contribute greatly to the Flagstaff economy.” Said Howard Shanker, attorney for the Save the Peaks Coalition and other plaintiffs. “It also acknowledges the comments of reasonable people concerned with the wise allocation of a scarce resource.”

Council member Al White motioned to amend the agreement to allow potable water to be used for 5 years followed by use of reclaimed water for 15 more years and put it through Flagstaff’s water, tourism, and sustainability commissions and public comment plus legal vetting before Council process. The motion was voted down 4-3.
Presler re-motioned to amend the agreement to allow potable water to be used for 5 years and then switch to reclaimed water without bringing it before the commissions and public. That motion failed 4-3.

Council member Celia Barotz’ original motion to vote for keeping with current agreement was seconded by Coral Evans. Upon re-consideration, after the modifying motions were voted down, the vote was 5-2 in favor.

Ultimately water conservation issues outweighed cultural and economic concerns.
The council took no consideration of the Tribe’s position on no snowmaking or other possible solutions.

“We are against any artificial snowmaking. Let mother earth handle snowmaking, not man made snow” stated Havasupai Tribal Council Member, Carletta Tilousi.
“They asked us to be here, they wrote to us and invited us to be part of the process so we voiced our opinions regarding the sacredness of the Peaks. It was offensive to hear Council members state that they will not listen to neighboring Tribes.” Tilousi said.

“At the end of the day I answer to people who vote in my community.” Stated, Council member Art Babbott. He stated “We will make very bad policies here if we allow entities outside our jurisdiction to dictate what we do.”
Expressing concern that the C-Aquifer is diminishing Council member Babbott stated, “This will allow very unwise water decisions by our users.”

Council member Karla Brewster argued economics in her support for snowmaking but also stated the, “20 year contract to sell potable water was too much.”

Council member Coral Evans raised a concern that she felt there was, “No possible win-win situation.”
Evans also stated that she was, “Concerned about the cost of water being raised in Flagstaff.” And that “we’re going to harm future generations.”

For Council member Al White the issues was about, “Environmental sanity, reclaimed over potable water.” And stated that the, “Issue is not whether you’re pro-business or pro-environment, its about sound water use policy.” He also stated, “Let the lawsuit go on. It’s going to deal with the issues of use of reclaimed water. It isn’t our role to call a lawsuit frivolous.”

Nearly every Council member voiced their concerns over Mayor Presler’s initial proposal to add discussion of suspending the current existing contract to the agenda.

Some Council members spoke of the dangers of reclaimed water. Art Babbott stated that reclaimed water could contaminate another water source, and this could be a potential violation of the Crown Water Management Act.

“We need to evolve as a human species to survive in this changing environment.” Said Hertha Woody, parent, educator, Flagstaff citizen and member of the Navajo Nation, “We should not waste any water in a warming environment.” Woody also observed racially based comments from Council members that made her question, “Does this council think that Native Americans don’t exist within City limits?”

“I’m happy that we got this far and they didn’t approve selling our drinking water.” Stated Teresa Garcia, 15, student of Coconino High School. “If they would have approved this plan, we would be getting the worse end of this deal in 20 years.”

How they voted:
No drinking water for snowmaking:
Councilmember Evans
Councilmember Overton
Councilmember White
Councilmember Babbot
Councilmember Barotz


For drinking water snowmaking:
Mayor Presler
Council member Brewster

For more information & background please visit: http://www.truesnow.org/.