Censored 2012: Thai activist says UN Rapporteur caused extensive harm to the people

Matthew McDaniel: "In this photo of James Anaya in Thailand,
Anaya makes no mention of the only case from that part
of the country that is already in process at the UN. This guy was
chosen because he is useless, no threat to any country."
(Photo Asia Pacific Human Rights Center)

Censored 2012: Thai activist says UN Rapporteur caused extensive harm to the people

 

SR Anaya and Wasted Time

The Akha of Hooh Yoh and Pah Nmm Akha vs. the Queen of Thailand

By Matthew McDaniel

Censored News

http://www.bsnorrell.blogspot.com

The following statement is in response to 'Censored 2012: Mohawk John Kane says the truth about UN Rapporteur James Anaya was the most censored issue in 2012.'
http://bsnorrell.blogspot.com/2012/12/mohawk-john-kane-most-censored-issue.html
 

My name is Matthew McDaniel.

I have worked with the Akha people of SE Asia for more than 20 years as a volunteer advocate for human rights.

In 2003 the Akha people of Hooh Yoh Akha village cluster asked me to help defend their land from a take over by the Queen of Thailand's Royal Project. The Royal Project was staking out a claim to 8,000 rai of land, pretty much all of the farming land of 1500 Akha and Lahu villagers. Informed consent was no part of the picture. Project managers brought in army personnel, dogs and began building structures on the land they staked out. The Akha would have nothing left at all and would be reduced to working for what ever wages the project paid for a limited number of people from the village. Their decades of investment in the land would be lost.

http://www.akha.org/content/forestry/hoohyoh.html

As a result of taking on this case I was expelled from Thailand after living with the Akha people for 13 years. It took me a year and a half to get my wife, who is Akha, and our children out of the country. The Akha paid a very high price for this case. I and my family paid a very high price for this case. It is impossible for anyone in Thailand to make a direct accusation against the royalty.

But two weeks after leaving Thailand for good, I presented the Akha case at the UN in New York. This was the first time anyone had spoken the name of the Akha people at the UN. Over time I was able to build the case of the Akha and present it to Special Rapporteur Rudolfo Stavenhagen. He was willing to assist the Akha case.

We made extensive progress at the UN with Special Rapporteur Stavenhagen. We were able to get the Thai government's attention with a high level "Letter of Allegation" filed against them over land the Queen of Thailand took from two large village groups, driving them into poverty and desperation.

The Thai Government was shocked and would have to respond. And they did. Full on denials of what had obviously occurred.

Former Rapporteur Stavenhagen's help was tremendous. But he left, and the case fell directly to SR Anaya. This man has refused to make any accurate responses to our inquiries or replies to the Thai rebuttal. He is an absolute disaster, incompetence at the highest level, total disrespect for the very hard and dangerous work of other people to expose violations and protect the rights of indigenous people. This case was handed to him on a silver platter. Instead of engaging the Thai government with our formal "point by point" reply to their denials, he totally ignored the case and would not discuss it with us at all.

Further, he never informed us that he had gotten a response from the Thai government. We had to discover this on our own. When we sent our itemized reply to all of his offices, office staff denied they received them. We sent them several times, only to be told that such discussions and actions were totally confidential so there was no need for Anaya to discuss the case with the very people who had filed the case. Somehow, just now coming to the UN he has much more information on the Akha case than we did.

Many Akha put their names and lives on the line in the battle for this village land. SR Anaya let them completely down. He accepted the Thai denials no questions asked. This was his reward to the courageous Akha who stood up for their rights.

Not ever having heard of the Akha before, he is so competent that he has in fact done nothing with the case and even at an indigenous meeting in Chiangmai, Thailand, informs no one, says nothing, communicates with no one and still has his job.

The guy is a joke, an impostor, a loser, hardly a defender of indigenous causes before nation state governments.

Matthew McDaniel

The Akha Heritage Foundation

http://www.akha.org

Colville members outraged over millions in missing claims settlement

 

Students describe extreme hardship in getting their
education.

Justice for Colville members:

2,606 signatures on a petition to the Colville Business Council asking them about $96 Million

By Yvonne L. Swan
Censored News
http://www.bsnorrell.blogspot.com

Scroll down for Dec. 13, 2012 statement
(Dec. 9, 2012) Tomorrow morning Colville tribal elders and members will gather at the Administration building at the Colville Indian agency campus at Nespelem, Washington to deliver a Petition bearing 2,606 signatures asking the Business Council once again for the remaining 50% of $193 Million claims Settlement.

The people will arrive at 8:30 a.m. or earlier, hopefully to get a seat in the Business Council meeting room before the Business Council convenes for Special Session at 9:00 a.m.

This action is a culmination of an on-going 10-month attempt by tribal members at convincing the Business Council to provide a proper forum to answer their questions, listen to their concerns, and adequately include them in the decision-making process over this important subject matter.

Considering the contempt and disregard for their rights in the past months, it is unknown what exactly will take place tomorrow. Members are rightfully upset.

Summary of Dispute between tribal members and elected representatives over decisions regarding handling of the $193 Million claims Settlement

by tribal member Yvonne L. Swan December 9, 2012

Until February 2012 not every member of the Confederated Tribes of the Colville Reservation knew that in 2005 former Business Council members filed a claim known as CCT v. Kenneth Salazar, Secretary of the Interior, et al, through US District Court, No.: 1:05-cv-02471-TFH for the Bureau of Indian Affairs’ mismanagement of the Tribes’ natural resources and, to date, tribal members are still trying to understand how this came about and how the Business Council reached an out-of-court compromise that granted the members of the Confederated Tribes of the Colville Reservation $193 Million.

Members first learned about the claims settlement one afternoon at the end of February when the then Chairman of the Business Council, Michael O. Finley, received official news of the $193 Million settlement and happily began spending the money by granting all tribal employees a 2-hour Administrative Leave with pay.

Instead of calling the members together to discuss this issue in a General Membership meeting as they were accustomed to in the past by considerate former tribal leaders, Finley began communicating plans for the money to the members through the news media. In late February he issued a press statement that was carried in the Omak Chronicle as “Tribe settles trust suit” on February 26, 2012 written by Dee Camp and that is how members began hearing of it. Time went by and still there were unanswered questions.

Then on April 11, 2012 the U.S. Department of the Interior through Secretary Salazar and Attorney General Holder issued a News Release announcing the “1 Billion Settlement of Tribal Trust Accounting and Management Lawsuits Filed by More Than 40 Tribes”. Contacts listed on the News Release were Adam Fetcher, (DOI) 202-208-6416; Department of Justice, 202-4114-2007.

Tribal members were dissatisfied with the Business Council decision and were upset that they were not getting complete and truthful information, so in May they started a petition drive asking the Business Council for another 30% of the Settlement. The petition in circulation also asked that the issue be put to a Referendum Vote. In the months of June and July the Business Council boycotted meetings to avoid answering questions and continued to scare the members with the threat of imposed income tax by the U.S. and interruption of their Social Security and other assistance like Temporary Aid for Needy Families. The scare tactics prevented some members into not signing the petition. The members wanted the Business Council to call a General Membership meeting for discussion and they refused. On July 4, the members met at the Nespelem July Grounds and the petition drive continued. It was turned in to former Business Council member Ricky Gabriel who was then Chair of the Tribal Government Committee. The count of the signatures took several days by the Elections Committee and signatures totaled 1,706.

Gabriel took the petitions to the Business Council meeting at Nespelem Community Center along with a Recommendation sheet for a vote on July 12th and, prior to the swearing in of the newly-elected Business Council, they voted to accept it and to set up a Referendum. In August the Referendum passed and each member received another $6,000 of the Settlement. Wait…

…not every member received $6,000. Some members received the whole amount, some a portion of it, and some, including elders, received nothing at all. The Business Council was upset over having to give the members another 30% and told tribal programs that included Tribal Court and Colville Indian Housing Authority to hold money owing them by tribal members.

The members argued this to no avail and another Petition was drawn up asking the Business Council for the remaining 50% which would bring the total disbursement to the membership to 100%. Many members felt the 100% distribution should have been done in the first place insisting that claims monies belong to the entire membership, not just fourteen elected Business Council.

Members felt the holds on some of the members’ share of the Settlement was arbitrarily unjust and by October a total of 1,393 signatures were collected. Although this was less than the signatures formerly acquired the people sent a delegate to present them to the Business Council’s Tribal Government (TG) Committee. This time the people had to face a new Chairperson Luana Boyd Rowley who was not so accommodating. In fact, the day before the Thursday, September 27th TG meeting the member delegated to present the Petition was taken off the agenda.

The delegate tried to find out the reason she was bumped to no avail so, on the day of the TG Committee meeting, she arrived in chambers at ten minutes to 9:00 a.m. before the meeting was to begin and attempted to give the Petition to Boyd-Rowley. In front of eight (8) other Business Council members and an elder, Boyd-Rowley became upset and refused to take the Petition. When the delegate tried to explain that the Petition she was carrying were voices of several members Boyd-Rowley still refused to take the papers.

The delegate told Boyd-Rowley that by her refusal to accept the Petition she was committing political suicide and Boyd-Rowley angrily shouted at the tribal member asking “Are you threatening me?!” and ordered a secretary to call the police. The tribal member was attempting to conduct tribal business which was her right according to the CCT Constitution and was wrongfully blocked. Further, not one of the other Business Council members intervened.

The delegate left Business Council chambers peaceably and met a tribal officer outside and gave a statement along with the witnessing elder and in front of a former Business Council member who was delivering more signatures for the Petition. To date, the police report has not been given to the delegate or the elder. After they left, the Business Council went into closed session.

Since the Chair of the TG Committee blocked her, the delegate took the Petition bearing 1,393 signatures to the annual General Membership Meeting on Saturday, October 13th and in the afternoon handed them to the new Business Council Chairman John Sirois. In front of at least 50 witnesses he and Business Council Secretary N. Lynn Palmanteer-Holder apologized to the delegate for TG Committee Chair’s ill treatment. However, on a Recommendation Sheet immediately drawn up to accept the Petition was voted down.

Days later another member called Management & Budget Chair Billy Nicholson and realized the number of signatures (1,393) was not nearly equal to 1/3 the number of eligible voters at the last election and during the discussion was led to believe that, if more members signed the Petition, it could be turned in for approval by the Business Council. Thus, circulation of the Petition for the remaining 50% was resumed.

In early December tribal members were satisfied they had well over their goal of getting 900 more signatures, thus bringing the total to more than the overall goal of 2,400 signatures and decided to submit the Petition to the next scheduled TG Committee meeting; but, when the delegate filled out the application to get on the agenda for the upcoming Thursday, December 13th TG Committee meeting Luana Boyd Rowley denied the delegate’s request.

As of now, we have a total of 2,606 signatures which is more than 1/3 of the number of eligible voters at last June’s General Election and so as not to be chased away by the TG Chairwoman, we plan to approach the Business Council during Special Session tomorrow.

Yvonne L. Swan 

Dec. 13, 2012

To the Office of the Reservation Attorneys, through the news media, on behalf of Colville Indians for justice.

In light of precedents set by former Colville Business Council who in the 1950s and 1990s immediately informed tribal members of claims settlements, called general membership meetings, and in the 1990s put the issue to a vote, I and other elders expected this example to be followed by current Colville Business Council regarding the recent (2012) $193 Million claims settlement.

Also in the light of the above-mentioned decisions by leaders of the governing body of the Confederated Tribes of the Colville Reservation we elders had questions of the Business Council as to why we were not given a general membership meeting and why we were told through the news media that we would get only a portion (20%) of the money.

Our questions went unanswered and we elders endorsed the petition launched by younger tribal members asking the Business Council to disburse another portion (30%) of the funds.

In August 2012, when the majority of votes in the ensuing Referendum were for the 30% disbursement, we elders were appalled that the Business Council gave tribal programs the authority to withhold money from tribal members responsible for certain debts. Such holds were to be put on their share in the 30% disbursement.

These holds placed against the members’ share of the claims settlement were held without fair notice which brought hardship on elders and other members. They also went against the previous precedents set by tribal government leaders and were not acceptable to us.

Therefore, we not only sanctioned the initiation of another petition, this time for the remaining 50% of the claims settlement money totaling 100% distribution to the members, but we helped circulate it and present it to the Business Council in two parts on October 13, 2012 and December 10, 2012.

We do not accept another news release (December 10, 2012) issued by the Business Council as a response to our petition, and we reiterate on behalf of all who signed that we want full distribution of the rest of the $193 Million claims settlement.

In the spirit of inherent rights as shareholders of the Colville Reservation,
 

Gila River Sacrifices Against Loop 202 on Two Day Run and March

Photo by GRIC against Loop 202

Gila River Sacrifices Against Loop 202 on Two Day Run and March

 

By GRIC against Loop 202

Posted at Censored News

http://www.bsnorrell.blogspot.com

 

GILA RIVER INDIAN COMMUNITY, Ariz. -- On December 7th and 8th, members of the Gila River Indian Community (GRIC) showed their opposition to the proposed 202 freeway by holding the Sacrificing Against the Freeway gathering, a two day spiritual relay run and march. Participants of all ages and communities came to support No Build GRIC advocates by offeringtheir prayers and strength to efforts against the proposed South Mountain Loop 202 freeway. No Build supporters from the Tohono O’odham Nation, Onk Akimel O’odham (Salt River), Dine (Navajo), Pee Posh (Maricopa), Apache, and Hopi tribes also helped run and carry prayers throughout the two days.

Jiivik Siiki, from Hashan Kehk, one of the organizers of the gathering stated, “The primary reason why this action was called was to show everyone that our Himthag, our culture, has a major place in the decision as to whether or not this freeway should be placed on tribal land. It has also been reported that the supporters of the freeway are making statements that ‘our culture is dead’ and we felt the need to show them how strong our teachings are.”

The first daystarted with a 36 mile sunrise run from U’us Kehk (Blackwater) through Hashan Kehk, Gu’u Ki (Sacaton), and Vah-ki, and ended at the southern base of the Estrella Mountains. The second day was a 15 mile sunrise run and march. The march went along the proposed route of the 202 extension in Komadk. Marchers carried banners stating“Pangea Will Never Represent My Land Interest”, “Caution Loop 202 Biohazard”, and “Pangea Is Bad Business for Ahwatukee and Gila River”. The gathering ended near the base of Moahdahk Do’ag (South Mountain), where runners ran staffs to the mountain.

Non-Native supporters were welcomed, and several from the Phoenix area also joined the run and march. Jezz Putnam, member of No South Mountain Freeway, a Phoenix-based 202 opposition group, ran for both days. Putnam said, “O’odham community members running side-by-side with supporters and then walking in step together for the Sunday march marks a true turning point in the fight against the expansion of the loop 202. The gathering exhibited the strength and unity inside of everyone who is willing to work together to defend the future of our communities from the threat of the freeway.”

Throughout the two days, organizers stressed the importance of coming together through culture, and encouraged community members, especially the youth, to mobilize against the freeway.

“One of the many reasons I ran was to help strengthen and unite the community to fight for our land, just as our ancestors did. This freeway would be harmful to our families, and also to those who live near the proposed areas off Gila River,” said 18 year old Summer Blackwater of Sacaton. “Pangea and other pro-freeway members must listen to us, and respect our wishes to not build this freeway. We’re not trying to force a road through anyone’s yards and homes. Why must they do exactly that to our community?”

Since 1983, the Arizona Department of Transportation (ADOT) has threatened the health, environmental quality and culture of the Gila River Indian Community by attempting to build the Loop 202 South Mountain freeway extension. For over 25 years, GRIC has continuously voiced its opposition to the Loop 202 extension. In February 2012, the community voted 720 to 603 in favor of a No Build ballot option in a single-issue vote on the 202. Still, ADOT, the Maricopa Association of Governments (MAG), and pro-freeway supporters like Pangea, a land development corporation, continue with their plans centered on the construction of the freeway extension. Additionally, ADOT has delayed the release of the environmental impact study (EIS) for this proposed construction for over 25 years.

Currently, Pangea is seeking a Memorandum of Understanding (MOU) from GRIC tribal council which grants Pangea and their investors exclusive rights to develop over 5500 acres of tribal land on the reservation’s western end along the route of the proposed Loop 202 freeway. Gila River landowners have been targeted by the Pangea corporation with‘good-faith’ payments of $50 for their consent signatures and have been bribed to attend tribal government meetings with $500 raffle prizes. The cash payments and raffle prizes are used by Pangea in addition to a misinformation campaign that downplays the negative health impacts of the freeway, and which makes no mention of the destruction of traditional cultural properties that are in the path of the freeway and the Pangea City Concept.

Despite Pangea’s misleading campaign that the freeway can’t be stopped, ADOT still lists “No Build” as an option. In a statement the day following the February 2012 No Build victory, MAG Chair Hugh Hallman conceded that “this vote is a significant milestone in the process and allows us to focus our efforts now exclusively on the Pecos Road alignment. The no-build option is also an alternative.”

Organizers of the Sacrificing Against the Freeway sought to inform community members and Gila River tribal leaders that No Build is an option and to remind them of their duty to protect O’odham land.

“It was a powerful thing to see O’odham, Pee Posh and other supporters come together to send prayers and connect our lives back to the land we belong to. It gives much needed strength to our struggle to defend against encroaching freeways and other developments,” said Wesley Miles of Co-op village. “Many thanks and prayers to all who helped and supported, no matter how far.”

No Build GRIC advocates were thankful for the show of support, and encouraged No Build supporters from both GRIC and the Phoenix area to attend upcoming MAG public meetings in January 2013.

Community members expressed their hopes for more gatherings like Sacrificing Against the Freeway. Siiki encouraged the need to address the harmful cultural impacts of the proposed freeway, as well as the environmental impacts.

Siiki concluded, “This run and march was specifically for us to show our Himthag is important in protecting and keeping our lands. There was no hidden agenda. This activity was all volunteer and relied upon individuals and families to support it. We did not need to charter vehicles or ask anyone to sign papers, people just showed up and carried prayers across our lands willingly. People need to know the true reasons why this land must remain in our possession as a community, and our new friends will help spread that to the rest of the world.”

For more information regarding the Loop 202 struggle, please contact us at: gricagainst202@gmail.com

O'othham March against Pi Vehsig (Imbalance)

O'othham March against Pi Vehsig (Imbalance)

 

 

Gila River Indian Community member Jiivik Siiki, speaks on the recent Sacrificing against the Freeway spiritual run and march on December 8^th and 9^th, 2012

 

By GRIC against Loop 202

Posted at Censored News

http://www.bsnorrell.blogspot.com

 

The primary reason why this action was called was to show everyone that our Himthag, our culture, has a major place in the decision as to whether or not this freeway should be placed on tribal land. It has also been reported that the supporters of the freeway are making statements that "our culture is dead" and we felt the need to show them how strong our teachings are. Many of us continue to practice our teachings, which center on respect and being caretakers of our lands, all O'othham lands, and not just the lands of the Gila River Indian Community's current boundaries.

In our teachings, and I can only speak about the male side of our culture, we O'othham men are born with the obligation that we must place ourselves in between anything negative or threatening in order to ensure respect and protection of our children, our companions, our families and relatives, our villages, our Hemajkam ( tribal nation), and also our lands. With this, we men must increase our numbers and the numbers of O'othham willing to retake their obligation to be protectors and caretakers of what is ours. When someone inside or outside the community threatens us, we must place ourselves in a position to protect And this is where we are now, that our people are tired of being disrespected by having to vote "no freeway" over and over again, which implies we are incapable of making our own choices; this is the mindset of those that embrace what we call Pi Vehsig chukthathag, or imbalance mind and thoughts. This affects both non-tribal as well as tribal minds.

In our teachings, we know that we have inherited this land from our ancestors, our Sho'oshon, those who are our beginning. They have sacrificed much to give us this opportunity to show respect to our lands. This is another obligation we are born with; to think about everyone rather than ourselves. Sadly, our traditional ideals and teachings are being shunned and ridiculed when incitements and bribes are waved in our faces. Currently that bribe is the money in exchange for our land to build the freeway. This is the reality of our O'othham world that we believe we are having a harder time finding balance, or Vehsig. This is untrue, it is very easy to create balance, we just choose not to.

In this particular circumstance, which simply is the taking of more of our land for the benefit of others, the supporters of the freeway are not unique in their mindset or the position they feel they hold. In our tribal history (and the history of all native peoples all over the world), we see examples of Pi Vehsig thinking - in english it is called colonization. We have an oppressor - in this case Pangea, and we have the oppressed - in this case the landowners.In the description of Pi Vehsig and how it has impacted Akimel O'othham lands, the Fifth Mashad, or moon, is called "Bishak Mashad: the 'Surrounds, Embraces, and Takes Over' phase. In this moon, the colonizer (Pangea) will use fellow O'othham (landowners) and our teachings (that Moahdahk is sacred) to claim what is ours (our land). More to this point is that the oppressed are manipulated to think that they must embrace non-tribal thinking, while also being told that this non-tribal philosophy is for the benefit of the tribe. It's a contradiction that is very difficult for the oppressed to not only see, but for them admit. At this point in our colonization, the oppressed, which is fellow O'othham (i.e. Joey Perez and the landowners) become addicted to the imbalanced way of thinking, which is so far from our traditional teachings, that they display what we call Vechij Pi Vehsig, the New Imbalanced Thinking; the closest term in O'othham was can describe as sub-oppression. This is the point in our tribal history where we no longer need an outside oppressor to threaten the community's future; we begin to do it on our own. It becomes our own relatives who try to destroy the balance.

The supporters of the freeway cannot see this because they are living it. They will turn their rage on you and threaten you because you can see it; sadly we are watching them being manipulated, oppressed, ridiculed, and leashed from a distance, and many times there's nothing we can do about it. There are times when you just have to give up on a person, because there are others that really want and embrace your help. The supporters of the freeway can claim they are protecting Moahdahk, but they are not willing to give up what they think is their "family land," which is not an O'othham philosophy; that one person can own land that belongs to all of us. The land belongs to all of the O'othham regardless of whose name the federal government placed on it. In the way of our Himthag, it is all of our responsibility to protect this land. Not disrespects it.

The landowners justify their existence through a law that was established to steal tribal lands. The Dawes Act (also known as the Allotment Act) was created in order for the Americans to take tribal lands away from tribal peoples, thus the reason why there are no reservations on the eastern part of this country. Under this law, the federal government through the Department of Interior legally owns all land, including allotted lands. Therefore, the term "land owner" is a fallacy. More importantly, under traditional O'othham Himthag laws and teachings, all of us own and take care of our lands. The so-called landowners only have to relinquish their allotments to the tribe should they truly have the best interests of the whole community in mind; instead, they want to believe the pieces of land are theirs, and they will get some money for it, and somehow this benefits all of us. This is what greed does, this is what pi vehsig thinking does.

We always have to consider our actions and the responses others will have towards our actions. This sacrifice and stand to show our opposition to the freeway was open to everyone because it will affect everyone. In understanding that all peoples have been oppressed at one time or another, and have faced ridicule and others telling them they are incapable of making their own decisions, this activity allowed them to help a group of people change that negative way of thinking. We had many groups of people invited and participate, all ages, all philosophies, because this taking of our land is something they did not like to see happen to them and they would not like to see it happen to us. Go'ol Hemajkam (The Other People) were invited, cared for, fed, provided warmth of the fire and handshakes, because they care for us so much to come and help us stop this disrespect. They were invited because we wanted them to see what we can do, and perhaps they will be strengthened to protect their own. It was made very clear that this run and march was specifically for us to show how our Himthag is important in protecting and keeping our lands; there was no hidden agenda. This activity was all volunteer and relied upon individuals and families to support it; we did not need to charter vehicles or ask anyone to sign papers; they just showed up and carried prayers across our lands willingly. People need to know the true reasons why this land must remain in our possession as a community, and our new friends will help spread that to the rest of the world.

For more information about the Loop 202 opposition, please contact us at gricagainst202@gmail.com