Indigenous Peoples and Human Rights

May 13, 2014

Dine' Medicine Peoples: Right to consult to halt Navajo horse slaughter

Participation of Medicine People and Elders in Navajo Horse Negotiations

By 
Dine' Hataalii Association and Nohooka' Dine'
Censored News

Dear Governor, Bill Richardson, Navajo Nation Legal Counsel, Heather L. Clah and Nation Navajo President Ben Shelly

The Dine' Hataalii Association and Nohooka' Dine' are comprised of Dine' (Navajo) Elders and Medicine people working to maintain harmony and balance with the natural world. Please be advised that attorney Howard Shanker is legally representing the two organizations in our effort to ensure the humane treatment of horses and to fulfill our obligation as human beings to maintain a healthy relationship with the sacred horse. Mr. Shanker has filed comments on our behalf pertaining to the MOU between Governor Richardson and the Navajo Nation. The MOU's proposed purpose is to create and implement a written comprehensive humane equine management program aimed at stopping horse slaughter and implementing humane solutions to address the Navajo Nation's horse population.
Both the Dine' Hataalii Association and Nohooka' Dine' together welcome the opportunity to meaningfully participate in the MOU between Richardson and the Navajo Nation. We understand the administrative difficulties that result when relatively large groups of people become directly involved in the drafting and negotiation of legal documents.  However, we also recognize the legal obligations that require that meaningful consultation take place when any action is proposed that will impact the cultural and traditional lives of indigenous peoples.  This consultation must include those individuals whose lives will be impacted by those decisions, and those impacted must give their free, prior and informed consent before any action is taken.

We, Elders and Medicine people, possess a wealth of cultural knowledge and understanding that is pertinent to the protection of the sacred horse, and it is our way of life that is impacted by decisions impacting the sacred horse. The miniature agronite stone horse - hadahoniye' are contained in the medicine bundles - considered as gish and sacred holdings. The medicine bundle represents our lifeline. To ensure that the traditional Dine' culture and our spiritual belief foundation is represented appropriately and properly it is necessary that those that possess this knowledge be included meaningfully in the MOU process and throughout the entire process. Our attorney, Mr. Shanker, would be allowed to represent the interests of the medicine people and elders in this process. Thank you. We respectfully request that Governor Bill Richardson, the Navajo Nation and Mr. Robert Redford welcome us to the table. Mr. Shanker is our point of contact and please communicate with him directly. His contact information is included below.

Dr. Anthony Lee Sr, President                                                             Leland Grass, Rep.
Dine' Hataali' Association                                                                    Nohooka' Dine'
eaglefeather47@gmail.com                                                                  Sacred4s@hotmail.com
                                                                                                         
                                                              
                                                                      *   *    *

Howard M. Shanker
The Shanker Law Firm, PLC
Offices
700 E. Baseline Rd., Bldg. B              
Tempe, Arizona 85283                       
Phone: (480) 838-9300
Fax: (480) 838-9433

John Kane, Mohawk 'Education and Conscience Versus Institutionalized Racism'

Education and Conscience Versus Institutionalized Racism

By John Karhiio Kane, Mohawk

Well, now that everyone can feel better about their battle and stance on unacceptable racism in the wake of giving the old "what's for" to Donald Sterling, the racist owner of the NBA's Los Angeles Clippers, we can all go back to settling in with the institutional racism that keeps Daniel Snyder, the equally racist owner of the NFL's Washington R-word, warm and safe at night. I know "spic,” "wetback,” chink" and the R-word still can appear in print but if the N-word can't, then, in my book neither can the R-word.
Of course, it is institutional racism — the team, its logo, merchandise and name are trademark-protected, NFL-licensed and owned by a white guy. Not to mention the fact that most Americans are perfectly comfortable with the NFL franchise in their nation's capital bearing a racial slur for a name.
Now I won’t go off on another rant about how the dictionary defines the word or its history or even the damage the use of the word does to our youth. The simple truth is that a significant number of Native people are offended by it, yet most Americans are only offended by the fact that we are offended. That is to say, how dare we be offended by tens of thousands of mostly white people in red face, feathers, war paint, “costumes” and in an alcoholic stupor making a mockery of Native people? Not only is it not just this team or even just this sport. It's several teams in almost all sports. And it's not just the fans that are offensive. The opponents, sportswriters and TV producers can't resist the clichés or most outrageous comments or visuals. The Eagle's fan that brings the knife-impaled Indian head to the Washington games with “Red-Skin, Dead-Skin” written on the face, comes to mind.
But that's not the really bad part. Granted, this is all plenty offensive and SHOULD disturb more than just a number of Native people but that is not my ultimate problem with institutional racism. A team name or a mascot may seem trivial but what it really represents is the notion that a dominant society can appropriate a name or an image or even a racial slur against a people and normalize it in that culture.
The first impulse is to suggest this misappropriation "honors" us. Of course, that falls flat the moment we claim that we don't feel honored or that we are insulted by it. Then we are told that it's just a team name and that it is NOT meant to represent us. The best part is when they tell us that we aren't those people anyway — that we are no longer those "grand kings of the forests and the plains." I have heard Native people criticizing the mascot issue told to “go back to the reservation and drink a few.” Some honor, huh?
This acceptance of appropriating an image and then attempting to separate the affected people from it has consequences. It allows racist laws, policies and actions to continue year after year, decade after decade and century after century with no guilt and no real consequence to the dominant culture but with devastating impact on the affected people. Poverty, depression, suicide, alcoholism and little hope or prospect for the future is not caused by mascots. That's ridiculous! It's caused by the underlying racism.
You might ask how can this be? Where does racism become institutionalized or normalized? The simple answer starts with the church. The Doctrine of Christian Discovery established the idea that a Christian people could claim the lands and possessions of pagan people, that a “godless” people could be subjugated to slavery and ownership. The courts, including the U.S. Supreme Court then codifies this concept into U.S. law and equates discovery with conquest. The establishment of the "ward-custodian" relationship draws a straight line from 15th-century popes to 19th-century judges. And when racism is both entrenched in church and legal doctrine that IS institutional racism.
This institutional racism accepts racist mascots, team names and logos. And this racism is government driven and societally acceptable. The notion that the dominant society owns us and that the once proud, brave, free and noble savage is gone, sucked into American history, has become the false narrative that is American history. And what is left are people deemed wards of the state and barely a resemblance to what America now claims for naming their weapons and sports teams.
And what do wards of the state need? Obviously, just welfare, a check or a budget line. Wards of the state don't need an economy, they don't need opportunity and they certainly don't need United Nations protection. Not in the good ole USA or in Oh Canada.
Well, that's not the way we see it and, interestingly enough, neither does the rest of the world. After half a millennium of our resistance to racist church dogma and court bigotry the United Nations declared to the world in 2007 that:
"all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust."
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) also includes 46 articles that form the minimum standard the member nations insist should be respected.
So while American and Canadian societies hang on to the last vestiges of their state-sponsored racism, even as they declare themselves morally superior to the rest of the world, they remain clueless to the social advances all around them.
We are not wards of the state. We have asserted our distinction, our rights and our sovereignty as we have begun to rebuild our economies. We fight for our lands and our resources. We have brought back our cultures and languages from the brink of extinction from acts of genocide and we are protecting the planet. We always knew we were right and had the right to do these things and now the rest of the world agrees with us. We know this fight is ours and it is a battle of education. But perhaps with international pressure we can open some minds.
Racism is ignorance. Mascots are racist and, more importantly, so are the policies that discriminate against and hold Native people down.
I believe Native mascots and team names must go but the racist policies are a bigger issue for me. I'd rather use the absurd racism that everyone sees to shine a light on what is hidden in plain sight. The singular concentration by some on mascots makes us seem shallow and superficial. And the worst thing that could happen would be for us to lose the battle to educate and enlighten people about racism yet force a name change or a ban on mascots leaving the dominant society and their leadership more entrenched in the racism with their harmful policies more firmly intact.
Today, both the U.S. and Canada are actively waging a campaign of forced assimilation against Native people in direct violation of the UNDRIP. Canada's Bill C-10 and various U.S. state and federal laws, regulations and policies are attempting to criminalize our trade and our people. Protecting our women and children and creating a future for our people require that we protect our land, assert our sovereignty and create hope and opportunity now and for the future.
I, for one, am prepared to use the UN or any international stage whenever possible to garner support and shame, if necessary, the U.S. and Canada into change. And who knows? Maybe we'll ultimately take out an “R-word.”
– John Karhiio Kane, Mohawk, a national expert commentator on Native American issues, hosts two weekly radio programs — “Let’s Talk Native…with John Kane,” ESPN Sports Radio WWKB-AM 1520 in Buffalo, N.Y., Sundays, 9-11 p.m. EDT and “First Voices Indigenous Radio,” WBAI-FM 99.5 in New York City, Thursdays, 9-10 a.m. EDT (“First Voices Indigenous Radio” programs are archived in perpetuity at www.firstvoicesindigenousradio.org). John is a frequent guest on WGRZ-TV’s (NBC/Buffalo) “2 Sides” and “The Capitol Pressroom with Susan Arbetter” in Albany. John’s “Native Pride” blog can be found at www.letstalknativepride.blogspot.com. He also has a very active "Let's Talk Native...with John Kane" group page on Facebook.

May 12, 2014

Video: Black Mesa resident denied access at Peabody coal shareholder meeting

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Peabody Shareholder Meeting Rally: Marshall Johnson, Black Mesa Resident and Tonizhoni Ani member from Students Against Peabody on Vimeo.

May 8th, 2014 at Peabody’s annual shareholder meeting, Marshall Johnson, Black Mesa Resident and Tonizhoni Ani member, was denied the space to voice his concerns about Peabody’s exploitation of the Navajo Sandstone Aquifer. This is his response to the people protesting outside the meeting.
“[Peabody’s mining practice] has contaminated, overdrafted, depressurized, and depleted our aquifer, our sole source of groundwater.”
“I want to thank Washington University students and the spirit that started there – may that continue from school to school, from institution to institution. We can do this nobly. We can take this around the world. It is time that we continue, and it is time that we do this as a united group.” – Marshall Johnson, Black Mesa Resident and Tonizhoni Ani member

Also see: Peabody Coal in top 10 list of polluters poisoning the planet
http://bsnorrell.blogspot.com/2014/05/peabody-coal-in-top-10-global-polluter.html

Dutch translation by NAIS
VIDEO : BLACK MESA INWONER WERD TOEGANG TOT DE VERGADERING VAN PEABODY COAL AANDEELHOUDERS GEWEIGERD!
Bron: Censored News : www.bsnorrell.blogspot.com
Nederlandse vertaling: A.Holemans met toelating van Brenda Norrell voor de NAIS Gazette : www.bloggen.be/natam
Op 8 mei 2014 tijdens de jaarlijkse Peabody Coal aandeelhoudersvergadering, werd Marshall JohnsonTonizhoni Ani, en inwoner van Black Mesa de ruimte ontnomen om zijn bezwaren over de exploitatie van de Navajo Sandstone Aquifer door Peabody te laten horen.
Dit is zijn antwoord aan de mensen die buiten demonstreerden.
“ De ontginning praktijken van Peabody hebben onze aquifer, onze enige bron van grondwater geïnfecteerd, gedebiteerd en leeggehaald.”
“Ik wil de studenten van de Washington Universiteit en het idee dat daar  gegroeid is danken- laat dat verdergaan van school naar school, van instelling naar instelling. Wij kunnen dit waardig doen. Wij kunnen dit de wereld ronddragen. Het is tijd dat we verder gaan, en het is tijd dat we dat doen als een verenigde groep.”
Marshall Johnson, Tonizhoni Ani - Black Mesa
Lees ook : Peabody Coal in top 10 list of pulluters poisoning the Planet
Nederlandse Vertaling : De NAIS Gazette op 9 mei 2014


May 11, 2014

Zapatistas Marcos 'Pain and Rage'


Zapatistas school in La Realidad
Pain and Rage

Zapatista Army for National Liberation

Mexico.

May 8, 2014

By Subcomandante Marcos
Translations in Spanish, Italian, French and German:
To the Compañeras and Compañeros of the Sixth:
Compas:
To tell you the truth, the communiqué was all ready. It was succinct, clear, precise, how communiqués should be. But…well…maybe later.
For now the meeting with the compañeros and compañeras bases of support of the community of La Realidad is about to begin.
We listen.
We have known the tone and the emotion with which they speak for a long time: pain and rage.
So it occurs to me that a communiqué will not adequately reflect this.
Or at least not fully.
True, maybe a letter won’t do so either, but at least the words that follow are an attempt, even if they are only a pale reflection.
Because…
It was pain and rage that made us challenge everything and everyone 20 years ago.
And it is pain and rage that now again makes us lace up our boots, put on our uniforms, strap on our guns, and cover our faces.
And that leads me to don the old and tattered hat, the one with three red five-pointed stars.
It is pain and rage that has brought us to Reality (La Realidad).
A few moments ago, after we explained that we had arrived here in response to the petition of support made by the Good Government Council, a base of support and a teacher in the course “Freedom According to the Zapatista,” told us more or less the following:
“Compañero Subcomandante, we want to be clear, if we were not Zapatistas we would already have taken revenge and it would have led to a massacre, because we are filled with rage about what they did to our compañero Galeano. But we are Zapatistas and we don’t seek revenge, but rather justice. So we have waited to see what you all will say and that is what we will do.”
As I listened to him, I felt both envy and sorrow.
I felt envy toward those who have had the privilege of having women and men like Galeano and like this compa who was speaking as teachers. Thousands of men and women from across the world have had this good fortune.
And I felt sorry for those who no longer have the possibility of having Galeano as their teacher.
The compañero Subcomandante Moisés has had to make a very difficult decision. His decision cannot be appealed, and if someone were to ask my opinion (which no one has done), his decision is unobjectionable. He has decided to indefinitely suspend the meeting and exchange with the indigenous peoples and organizations of the National Indigenous Congress. And he has also decided to suspend the homage that we had prepared for our absent compañero Don Luis Villoro Toranzo, as well as to suspend our participation in the Seminar “Ethics in the face of Dispossession,” that was being organized by artists and intellectuals in Mexico and the world.
What led him to this decision? Well, the preliminary results of our investigation, as well as information that we have received, leave no doubts regarding the following:
1. This was a planned, premeditated attack, militarily organized, and put into action with premeditated malice and advantage. And it is an act of aggression inscribed in a climate created and cultivated from above.
2. The leaderships of the paramilitary group called CIOAC-Histórica, the Green Ecological Party (the name under which the PRI governs in Chiapas), the National Action Party [PAN] and the Revolutionary Institutional Party [PRI], are all implicated in directing this attack.
3. We know that at least the government of the State of Chiapas is implicated. We have not yet determined to what extent the federal government was also involved.
One woman from these anti-Zapatista organizations has come to tell us that this attack was planned and that in fact the goal was specifically to “fuck over” Galeano.
In sum: this was not some intra-community problem, where two groups confront each other in the heated emotions of the moment. This attack was planned: first they tried to provoke us by destroying our school and health clinic, knowing that our compañeros were not armed and that they would humbly defend what they had created through their own efforts; next the attackers took up positions on the path that they knew our compañeros would take from the Caracol to the school; and finally they fired on our compañeros.
Our compañeros were injured by gunfire in this ambush, but what happened to our compañero Galeano is even more extreme. He did not fall in the ambush. He was surrounded by 15 or 20 paramilitaries (yes, they are paramilitaries; their tactics are those of paramilitaries); our compa Galeano challenged the aggressors to hand-to-hand combat, without guns; they would swing at him and he would jump from one place to another avoiding their blows and disarming his opponents.
When these aggressors saw that they could not beat him like that, they shot him in the leg and he fell. Then came the barbarism: they descended upon him, beat him and cut him with a machete. Another shot to the chest brought him to the edge of death, and they kept beating him. When they saw that he was still breathing, one of those cowards shot him in the head.
They shot him three times at point blank range. And all three shots came while he was surrounded and unarmed, but had not given up. His body was then dragged by his assassins for some 80 meters and then tossed aside.
Our compañero Galeano was left there alone, his body thrown in the middle of what had been the territory of the campamentistas, men and women from all over the world who had answered the call to build a “peace camp” in La Realidad. And it was our compañeras, the Zapatista women of La Realidad who defied fear and went to pick up Galeano’s body.
Yes, there is a photo of our compa Galeano in this state. The image shows all of his wounds and it feeds our pain and rage, despite these needing no reinforcement after listening to the stories of what happened. Of course I understand that this photo could offend the sensibilities of the Spanish royalists; reason enough to publish a photo of a scene unashamedly manufactured, with a few injured people, and with reporters, mobilized by the government, of Chiapas, selling the lie that there had been a confrontation. Well, “he who pays, rules.” Because classes do exist my friend. The Spanish monarchy is one thing, and these “fucking” rebellious Indians who tell you off—telling you to beat it to Lopez Obrador’s ranch because a few feet away, they are mourning the body of the still bloody compa Galeano—are quite another.
The CIOAC-Histórica, and their rival CIOAC-Independiente, and other “peasant” organizations such as ORCAO, ORUGA, URPA, and the rest, make their living from provoking confrontations. They know that creating problems in the communities where we have a presence pleases the various levels of government and that they will be rewarded with social programs and thick wads of cash for their leaders for the problems that they cause us.
In the words of a government official in the administration of Manuel Velasco: “it is more convenient for us that the Zapatistas be kept busy with artificially created problems than for them to be holding activities that “güeros” from all over the world come take part in. That’s what he said,” güeros.” Yes, it is comical that he should say that, given that he is the servant of a certain “güero.”[1]
Each time the leaders of these “peasant” organizations see their budgets thinning due to their binging, they create a problem and then run to the government of Chiapas who pays them in order to “calm down.”
This “modus vivendi” of these leaders who can’t even tell the difference between “sand” and “gravel”, began with the Priista and nearly forgotten “croquetas,”[2] Albores, and was taken up once again with Juan Sabines, follower of Lopez Obrador, and continues today with self-proclaimed Green Ecologist Manual “el güero” Velasco.
Wait just a minute…
Now a compa is speaking. Crying. But we all know that these are tears of rage. With a faltering voice he says what we all feel: we don’t want revenge, we want justice.
Another compa interrupts: “Compañero Subcomandante Insurgente, don’t misunderstand our tears, they are not tears of sadness, they are tears of rebellion.”
And now there is a report about a meeting of the leaders of CIOAC-Histórica. The leaders say, word for word: “with the EZLN we cannot negotiate with money. But once all of those who appear in the newspaper are detained, locked up for 4 or 5 years, and the problem has abated, then their release can be negotiated with the government.” And another one adds, “or, we can say that we had a death on our side and that now things are even because there was a death on both sides, and the Zapatistas should settle down. We will stage a death or we’ll kill one of our own and then the problem will be solved.”
In the end, this letter has gotten long and I don’t know if you have managed to feel what we feel. In any case, Subcomandante Insurgente Moisés has charged me with letting you know that…
Wait…
Now they are speaking in the Zapatista assembly in La Realidad.
We had left so that they could come to an agreement regarding their response to a question that we had asked them: “The government pursues the comandancia of the EZLN. You know this well because
you were there during the betrayal of 1995. So, do you want us to be here to see about this problem and to see that justice is done, or is it better for us to go elsewhere? Because all of you may now also suffer direct persecution by the governments and their police and military.”
Now I hear a young person, about 15 years of age. They tell me that he is the son of Galeano. I look and yes, it is a young man, it is a Galeano in the making. He says that we should stay, that they trust us to find justice and to find the people who assassinated his father. And that they are open to anything. The voices in this vein multiply. The compañeros speak, the compañeras speak, and even the children stop crying; these women were the ones who reconnected the water, despite the threats by the paramilitaries. “They are brave,” says a man, a war veteran.
We will stay, this is the agreement.
Subcomandante Insurgente Moisés gives some monetary support to the widow.
The assembly disperses. Although we can see that their step is firm again, that now there is another light in their gaze.
What was I telling you? Ah yes.
Subcomandante Insurgente Moisés has charged me with letting you know that the public activities of May and June have been suspended indefinitely, as have the courses “Freedom According to the Zapatistas.” And so you should see about your cancellations and all of that.
Wait…
Now they are saying that up above they are re-invoking the model that they called “the Acteal model”: “it was an intracommunity conflict over a sand bank.” Hmm… and then the militarization follows, the hysterical voices of the domesticated press, the simulations, the lies, and the persecution. It’s no coincidence that the old Chauyffett is in office, now with disciplined students in the government of Chiapas and in the “peasant” organizations.
And we already know what comes next.
But what I want to do is take advantage of these lines to ask you:
For us, pain and rage have brought us here. If you have managed to feel these as well, where has it brought you?
For us, we are here, in reality (La Realidad), where we have always been.
And you?
Vale. Health and indignation.
From the mountains of Southeastern Mexico.
Subcomandante Insurgente Marcos.
Mexico, May 2014. In the 20th year of the war against oblivion.
P.S. The investigations are being conducted by Subcomandante Insurgente Moisés. He will be reporting on the results, or, he will do so through me.
Another P.S. If you asked me to summarize our laborious journey in a few words, they would be: our efforts are for peace, their efforts are for war.
[1] “güero” is a term that in Mexico is often used to refer, often affectionately, to whites. Manuel Velasco, governor of Chiapas, has made his entire political career with the self-appointed nickname of “el Güero,” continuing the long tradition in Chiapas of the despotic rule of a white political class over a majority mestizo and indigenous population. The irony here then is an official that serves under this governor (el Güero) is complaining about the EZLN bringing “güeros” to the state of Chiapas.
[2] “Croquetas,” or doggy biscuit, was the nickname assigned by the EZLN to Roberto Albores Guillén, whose bloody tenure as governor of Chiapas lasted from 1998-2000.