Brazilian Supreme Court Upholds Land Rights of Indigenous People

A member of Brazil’s riot police trains his gun at Brazilian Indians. Photograph: Gregg Newton/Reuters

Land rights activists applaud rejection of case brought by Brazilian state that claimed it was due compensation for award of territory to native inhabitants

The Brazilian supreme court has ruled in favour of two tribes in a case that is being hailed as a significant victory for indigenous land rights.

The unanimous decision – which went against the state of Mato Grosso do Sul – settled a dispute over land traditionally occupied by indigenous people and ordered the authorities to respect the demarcation of land.

Amid increasing conflict over land and diminishing rights for indigenous people in the country, the south-western Brazilian state had sought compensation of about 2bn reais (£493m) from the Brazilian government after land was declared as the territory of the Nambikwara and Pareci tribes.

A third case, involving Rio Grande do Sul state, was adjourned for 15 days.

“This is an important step towards achieving justice for indigenous people in Brazil,” said Tonico Benites, a Guarani leader. “This gives us hope the judiciary will protect our rights, which are guaranteed by the constitution and international law.”

Activists had feared judges would uphold a recommendation from the attorney general’s office that any tribe not occupying its ancestral land when Brazil’s new constitution came into force on 5 October 1988 would lose its right to live there – a time limit that had been called the worst blow to indigenous rights since the military dictatorship ended in 1985.

But Sarah Shenker, a campaigner with Survival International, said feelings were running high in Brazil against indigenous rights: “If the judges apply the same thinking in the third ruling, in theory [indigenous] land rights should be protected. But there is such a strong anti-indigenous campaign in Brazil at the moment that we have to be very careful.”

Benites said indigenous leaders would now work to overturn the 1988 cut-off date – a plan signed by President  Michel Temer last month and which critics claim is to win favour with the powerful agribusiness lobby, known as the ruralistas.

The deadline would not only halt new demarcations of indigenous land but also legitimise claims by ranchers and wealthy farmers who have long coveted Indian territories.

“It is a very cynical move,” said Juliana de Paula Batista, a lawyer working with the Socio-environmental Institute in Brasilia. “Since many indigenous people were violently expelled from their ancestral land in the colonial and military eras, they could not possibly have been living on this land in 1988.”

Campaigners have claimed Temer is using land rights as a bargaining chip to shore up his unpopular government.

Luiz Henrique Eloy Amado, a lawyer for Brazil’s Association of Indigenous Peoples (Apib), said: “The Temer government wants to remain at all costs, which requires the votes of the ruralista bloc.”

The attorney general’s recommendation of a time limit was greeted as a triumph in a video by ruralista federal deputy Luiz Carlos Heinze, potentially resulting in the dismissal of 90% of ongoing indigenous land claims. Hundreds of indigenous territories around Brazil are awaiting demarcation.

The Guarani-Kaiowás occupy only a fraction of their ancestral territories in Mato Grosso do Sul and their decades-long struggle has caused violent conflict with cattle ranchers and soy and sugar cane farmers.

Fiona Watson, director of campaigns for Survival International, estimated that 45,000 Guarani-Kaiowás would lose rights to land under the proposed cut-off point, as would other tribes across the south and north-east.

The 1988 deadline, the marco temporal, has triggered major protests across Brazil, organised by the Apib under the banner: “Our history did not start in 1988, no to the time limit”. Hundreds of people converged on Brasilia for the supreme court ruling on Wednesday.

Last week, 48 indigenous organisations and civil society bodies signed a letter to the UN high commissioner for human rights and the Inter-American Commission on Human Rights, denouncing violations since the 2016 visit of UN special rapporteur Victoria Tauli-Corpus, who noted a “worrying regression in the protection of indigenous people’s rights”.

Brazil has experienced a rise in homicides related to rural land disputes, with 37 people killed in the first five months of this year, eight more than died over the same period in 2016, according to the Pastoral Land Commission, a non-profit group.

Eliseu Lopes, a Guarani leader from Mato Grosso do Sul, expressed relief at the outcome: “The land conflict is already killing us. Imagine what it would be like if the proposal were approved,” he said. “It would legitimise the violence against us. The vote doesn’t solve all our problems, but it gives us some breathing space.”

By the Guardian published on August 17, 2017 

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Brazil: Increase in Land killings as Political Crisis Threatens Amazon

The 14th ‘Free Terra’ Camp in Praça dos Ipês, Brasília, during April 24-28 2017. Over 4,000 representatives from 200 indigenous peoples from all regions of the country were present in a large demonstration of strength of the indigenous movement. Photo: NINJA Media / National Indigenous Mobilization via Flickr (CC BY-SA).

By Joe Sandler Clarke & Sam Cowie / Greenpeace Energydesk 

There has been a significant increase in the number of indigenous people and environmental activists killed over land disputes in Brazil, as human rights experts warn of a dangerous political mood in the nation.

New research shared with Energydesk by Brazilian human rights NGO Comissão Pastoral da Terra (CPT), shows that 37 people have been killed in the first six months of the year in rural land conflicts, eight more than at the same time in 2016.

The data comes as President Temer’s right-wing government has cut funding dramatically for the country’s indigenous rights agency, Funai.

CPT, which has been collecting data on rural violence since 1985, has found that so far the number of people killed in these disputes is set to exceed last year’s figures, when 61 people died.

At the end of April, violence against indigenous people in Brazil made international headlines, as 13 members of the Gamela community in Maranhão state were attacked by farmers wielding machetes in brutal land dispute.

A couple of week’s earlier, nine people were stabbed and shot over a territorial dispute in Mato Grosso state, in the Amazon.

Jeane Bellini, national coordinator of CPT told Energydesk that recent years have a significant increase in the number of people being killed in rural land conflicts.

Bellini believes the current political turmoil in Brazil, the former President Dilma Rousseff was ousted last year while sitting President Michel Temer is embroiled in a corruption scandal, has helped fuel the violence:

“Rural violence has accelerated under President Temer. Actually, it isn’t only the government. I would say that the political instability created by all of those irresponsible people in congress, as well as Temer and his government have added. I mean, they’re doing things that are completely against the needs and the rights of the people.”

Indigenous rights agency cut

Victoria Tauli-Corpuz, the United Nations Special Rapporteur on the rights of indigenous peoples, told Energydesk that there is a close correlation between the government’s moves to cut the agency and the increase in violence. She explained:

“There is increased violence because the offices of Funai at the state levels are not functioning anymore. Funai is the only government agency trusted by Indigenous people. People look up to Funai to protect them. Now there is nobody trying to protect them.”

Tauli-Corpuz visited Brazil at the end of last year and found government agencies unable to function. She told Energydesk in December that she visited Funai regional offices which had no staff:

“We went to the office in Bahia and there was no one there. There have been huge cutbacks, and they have continued since I came back from my trip … I have a sense that the situation in the country is deteriorating.”

Months later, the UNSR said that the recommendations she made to Brazilian officials have not been addressed.

In May, a congressional committee led by a powerful farming lobby moved to replace the indigenous rights agency with a body controlled by the justice ministry – a move which campaigners believe could have terrible consequences.

Impunity

According to Bellini, a culture of impunity around rural killings in Brazil is also to blame for the worsening situation. CPT states that of the 1,800 killings the organisation has recorded since 1985, only 112 ended up in court with very few ending with conviction.

She said: “Given all the political instability in Brazil since last year, those who are looking to accumulate land, in whatever way they can, have found an opportunity to accelerate the process and apparently they feel quite convinced of impunity.”

In response to this story, Amnesty International Brazil – which uses CPT’s data in its own work – sent us the following statement.

“Amnesty International believes, that in the light of the recent attack on the Gamela community in Maranhão state, it is absolutely essential that the Brazilian government makes a strong statement committing to upholding the Constitutional obligations to demarcate and deliver Indigenous Peoples’ ancestral lands.

“Funai must be strengthened, by making available necessary financial resources, and recent appointments to the agency should be reviewed, in order to ensure that those in leadership positions in the agency have the necessary political independence to do their job.

“The Brazilian government must ensure security to human rights defenders and withdraw any initiatives to criminalize or limit their work.” 


Joe Sandler-Clarke is a UK-based journalist specialising in investigative and public interest stories. His writing has been published in the Guardian, Independent, The Sunday Times, VICE and others, and he curently works at Greenpeace UK.

Sam Cowie is a freelance journalist based in São Paulo, Brazil.

This article was originally published on Greenpeace Energydesk.

Read more: Amazon deforestation rises as government moves to weaken Indigenous protections.

Article originally published in Ecologist on Jun 7, 2017

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“We Don’t Believe In Words Anymore”: Indigenous Peoples Stand Against Brazil’s Temer Government

Munduruku warriors at the roadblock. Photo by Mauricio Torres

Red Power Media | May 09, 2017

by Sue Branford and Maurício Torres, Mongabay

Indigenous groups are making a defiant stand against the current wave of fiercely anti-Indian policies being rapidly implemented by Brazil’s Temer administration and Congress.

Protests blossomed last week in Brasilia where a four-day demonstration — the largest in the nation’s history — brought together over 4,000 indigenous leaders from more than 200 tribes seeking government redress of grievances. The protesters were met with teargas.

Likewise, a peaceful land occupation by members of the Gamela tribe in Maranhão state ended in violence when their camp was raided by ranchers and hired gunmen who beat the Indians brutally, even hacking off hands with machetes.

In the Amazon, members of the Munduruku tribe, armed with bows and arrows, set up a roadblock on the Transamazonian highway, creating a 40 kilometer (25 mile) backup of trucks loaded with this year’s soy harvest.

The blockade came in protest of the government’s refusal to demarcate the Indians’ lands as assured under the 1988 Brazilian Constitution. The commodities roadblock also sent a clear signal to the bancada ruralista, Brazil’s agribusiness lobby, which dominates Congress and the administration, and which pushed for the dramatic upsurge in federal initiatives rolling back indigenous land rights and protections.

A glimpse of the traffic backup at the Munduruku blockade. Video by Mauricio Torres

Violence in Maranhão

On 30 April gunmen and ranchers attacked an indigenous camp in Maranhão, an impoverished state in northeast Brazil, long dominated by powerful landowners led by the Sarney family (one of whom is Pres. Temer’s environment minister, José Sarney Filho).

The violence was triggered by events two days earlier, when several dozen Gamela Indians occupied disputed land near the town of Viana, 214 kilometers (133 miles) from the state capital of São Luis.

This land was traditionally occupied by the Gamela, but the military dictatorship (1964-1985) illegally ejected them from it. Ranchers then occupied the area, clearing the forest, planting pasture and raising cattle. As years passed, the ranchers began to see themselves as the legitimate owners.

About 300 Gamela families remained in the region, however, determined to regain their land despite the slight odds of doing so. Regardless of the legitimacy of their claim, the Indians received little help from authorities, with the federal Indian agency FUNAI, under pressure from the ranchers, refusing to begin the process of marking out the boundaries of the Gamela territory.

Three years ago the Indians went to court to force the ranchers to relinquish the land, but the case was stalled by bureaucratic delays. With their living conditions worsening year-by-year, the Gamela became convinced that they would only survive as a people if they took action. So they began a series of retomadas or re-occupations of their traditional land.

They timed the latest reoccupation to coincide with both the indigenous protest in Brasilia and a national one-day general strike, the first in 21 years, organized by Brazil’s trade unions in protest over the Temer government’s severe austerity measures.

A cell phone photo taken just before the attack on the Gamela camp, showing a police car and group of ranchers. Photo courtesy of Cimi

It was a risky strategy, particularly in view of the strong anti-indigenous sentiment in Brasilia, and the local ranchers responded rapidly. According to one report, they sent out a WhatsApp message, calling on ranchers and their gunmen to gather near the indigenous camp.

Messages supporting the ranchers flooded the media. Federal deputy, Aluisio Guimarães Mendes Filho, (the state’s Public Security Secretary during the government of Roseana Sarney, another member of the Sarney clan), spoke out in a local radio interview, accusing the Gamela of being “troublemakers” and encouraging violence against them.

“He fanned the flames,” said one Indian later.

The ranchers had a barbecue, drank a lot of alcohol, and became increasingly abusive in their talk about the Indians. It was clear that an attack was being planned, but when it happened, the military police (who had arrived on site earlier) didn’t intervene.

The Indians were vastly out-numbered and could do little but flee into the forest when attacked by men wielding rifles and machetes.

According to Cimi (the Catholic Missionary Council), 13 Indians were injured. Two had both hands lopped off. Others were severely beaten; one had a fractured skull. One of the injured is Kum ‘Tum Gamela, a former priest, who has received numerous death threats in the past.

The Ministry of Justice issued a press statement in which it promised to investigate “the incident that involved small farmers and supposed Indians in the hamlet of Bahias.” The term “supposed” generated a wave of indigenous anger and was quickly deleted from the statement. Later the term “small farmers” was also removed, as it was widely criticized as being a euphemism for the gunmen employed by the ranchers. In the end, the statement merely said that that the ministry would investigate a “rural conflict.”

The Human Rights Commission of the prestigious Brazilian Bar Association (OAB) is to request help from the human rights body, Amnesty International, to resolve the dispute.

Munduruku roadblock

Another serious conflict is still underway, though it has not, as yet, resulted in violence. On 28 April, 130 Munduruku Indians and members of the Tapajós riverside communities of Montanha and Mongabal blockaded the Transamazonian highway, occupying a bridge about 25 kilometers (15 miles) east of the new port of Miritituba, a key transhipment point for the soy industry, where international trading giants, such as Bunge and ADM, have large terminals.

With the soy harvest in full swing, the road soon became highly congested, with at least a 40 kilometer (25 mile) backup of large trucks, carrying soybeans to Miritituba. The blockade was lifted during the night from 28 April forward, but was then re-imposed as a 24-hour blockade on the morning of 3 May.

A Mongabay contributor was accidentally caught up in the traffic, and on arriving at the road block he stayed to cover the showdown.

The Munduruku blocked the Transamazonian highway this week in protest of the failure of the Brazilian government to demarcate their traditional lands. The blockade is ongoing. Photo by Mauricio Torres

Antonio Munduruku, a young Indian, told Mongabay two reasons why the blockade was imposed: “We want the FUNAI employees who were working with us to be reinstated. We need them. They are our greatest tool in getting our lands marked out. And we won’t leave with empty hands. The FUNAI president told us on Friday that he’d sorted it out. But we don’t believe in words any more. We want their reinstatement published in the official gazette.”

He went on: “The second reason is to get the Sawré Muybu indigenous territory properly marked out. It’s our land but nothing is happening. Loggers are carrying on extracting timber.”

Vicente Saw, an old cacique, leader, said that stopping traffic on highways was effective: “The heart of the government is here on the road,” he said.

The will to resist

The Munduruku were shocked but not surprised by what happened to the Gamela: “They’re a different ethnic group but they are our brothers, with the same blood,” said Jairo Saw Munduruku. “We mustn’t let what’s happened to them happen to us. The government must mark out our land. If not, big loggers, big mining companies, will come in. And they will start conflicts, attacking us, assassinating leaders. That’s what the government wants but we must stop it happening. We don’t have anyone speaking for us in Congress. We have to defend ourselves.” Attempts by Mongabay to reach the Brazilian government for comment in recent weeks have been met with no response.

The Munduruku feel no hostility toward the truck drivers. An old indigenous leader, Tomas Munduruku, said: “We’re in favor of the truck drivers. They need our support too. It’s not right that the government is cutting their pensions.”

More surprisingly perhaps, many of the truck drivers are supportive of the Indians too. Trucker Mario de Nascimento said: “This road is essential for Brazil and the protest must stop. But the Indians’ rights aren’t being respected, just like ours aren’t being respected. But we are carrying Brazil on our backs. We can’t stop. We need the government to sort it out. None of us deserves the way we’re being treated.”

Another trucker, who didn’t want to give his name, said: “They [the Indians] are right. You can’t deny that. And if some of the people here want to lynch me for saying that, then let them lynch me.”

David and Goliath: One truck driver threatened to drive over the Indians, but other truckers found common ground with the Munduruku in their grievances against the repression and austerity measures of the current government. Photo by Mauricio Torres

Time and again, the truckers, like the Indians, blamed the government for failing to listen, declaring flatly: “The biggest problem is the government.”

The concern is that the Amazonian heat, hunger and thirst will affect both Indians and truck drivers, and that tempers may begin to fray. One truck driver, who also didn’t give his name, threatened: “We’re going to drive our trucks over the Indians, pushing them all over, Indian after Indian. If our dreadful federal government doesn’t manage to get the blockade lifted soon, that’s what we’ll do.”

Another trucker said, in exasperated jest: “It’s getting terrible for all of us. I haven’t had a shower for more than 24 hours, in this heat. I feel like throwing my underpants into the river. They’d kill the fish. So the Indians wouldn’t have fish to eat, nor any of us have fish either.”

With the drivers stretched over many miles, it’s difficult to assess the truckers’ overall mood, but there was a surprising development Wednesday afternoon. A substantial group of truckers and Indians held a meeting beside the highway, during which both sides expressed support for the other’s struggle, saying that their chief complaint is against the current government.

Although not all truckers share this opinion, a significant number do. That is an extraordinary new development because, in the past, Indian actions of this type caused huge resentment among affected parties, particularly truck drivers. It is indicative of the very high level of rejection in Brazil of the ruling government by voters of all kinds, with Pres. Temer’s support now standing at an unprecedented low of 9 percent.

Growing dissent

Protests in Maranhão and Pará are not isolated cases. All over Brazil Indians are expressing grave fears about the future. Paulo Marubo, an Indian from the Javari Valley in the state of Amazonas, not far from the border with Peru, says that FUNAI, decimated by budget cuts, will have to close many of its offices for ethno-environmental protection (Bapes), which play a key role in monitoring the territory occupied by uncontacted tribes.

Marubo told Survival International: “If the protection teams are withdrawn, it will be like before, when many Indians were massacred and died as a result of disease… If the loggers come here, they will want to contact the uncontacted, they will spread diseases and even kill them.”

Instead, the federal government seems to be turning its back on indigenous demands. During his first 55 days in office, justice minister Osmar Serraglio didn’t have a single meeting with an Indian but found time to sit down behind closed doors with a 100 landowners plus businessmen accused of corruption in the Car-Wash scandal.

During the large protest in Brasilia, Serraglio and Eliseu Padilha, Temer’s chief-of-staff, belatedly offered to meet the Indians, but that offer was turned down. The two officials are known to have drawn up the government’s anti-indigenous strategy and, with no offer of compromise on the table, the indigenous leaders saw little point in meeting with them.

The current assault on indigenous rights is the most severe since the end of the military dictatorship in 1985. The NGO ISA (Socioenvironmental Institute) says there has been an “exponential increase in rural violence” since Temer took over. It comments: “The fact that the ministry of justice is occupied by [Osmar Serraglio], an advocate of injustice reinforces the sinister omens of what lies ahead.”

(Leia essa matéria em português no The Intercept Brasil. You can also read this article in Portuguese at The Intercept Brasil)

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West of Standing Rock, the Blackfeet Win their own Fight for Sacred Land

These sculptures can be found at the entry to the reservation near East Glacier. Credit: Martina Nolte/Creative Commons CC-by-sa-3.0 de

These sculptures can be found at the entry to the reservation near East Glacier. Credit: Martina Nolte/Creative Commons CC-by-sa-3.0 de

By Graison Dangor | PRI · Dec 12, 2016

As the Standing Rock Sioux celebrate halting, for now at least, the construction of the Dakota Access Pipeline, another Native American nation is also seeing a victory regarding its holy lands.

The federal government has now canceled 15 oil and gas leases on land revered by the Blackfeet Nation. The Badger-Two Medicine area includes 168,000 acres in Montana, southwest of the Blackfeet reservation and to the south of Glacier National Park.

The government’s recent move caps two years of intense negotiations among the Blackfeet, Secretary of the Interior Sally Jewell, US Sen. Jon Tester from Montana and Devon Energy — which owned the leases but had never drilled.

Blackfeet leaders consider these oil and gas leases, spread over 30,000 acres, to have been granted illegally in 1982.

“The federal government didn’t consult the tribe,” said Tyson Running Wolf, secretary of the Blackfeet Tribal Council. “They didn’t follow their own process on how to involve Blackfeet people on land that we still feel is owned by the Blackfeet themselves.

“We have documented historical data that we’ve been here for 10,000 years or longer.”

Badger-Two Medicine “includes a lot of our cultural, spiritual areas for the Blackfeet people,” Running Wolf said. He said a number of rivers are vulnerable to potential malfunctions of oil or gas equipment.

But despite the recent action by the federal government, the Blackfeet’s fight against development is not over. Running Wolf said two companies — the identities of which are unknown and being investigated by the tribe — continue to hold leases to develop an additional 11,000 acres of land.

It is just as important to stop those remaining leases as it was to cancel the first 15, he said. Until that happens, the whole area is still compromised, he added.

In the longer term, the Blackfeet want to have a larger say in decisions affecting the Badger-Two Medicine area, as co-managers of the land, said Running Wolf. Right now, the land is managed by the US Forest Service as part of the Helena-Lewis and Clark National Forest.

“We want to be sitting at the table,” Running Wolf said. “We would like to put back to the two most important things on the landscape and that’s the buffalo and the Blackfeet.”

This article is based on an interview that aired on PRI’s Living on Earth with Steve Curwood.

http://www.pri.org/stories/2016-12-12/west-standing-rock-blackfeet-win-their-own-fight-sacred-land

The US And Canada Have Blood On Their Hands In Honduras

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Members of the military police march during a parade commemorating Independence Day of Honduras. | Photo: Reuters

By: Grahame Russell, teleSUR English‎, Oct 22 2016

The international community needs to be held to account for propping up and subsidizing the murderous regime in Honduras.

Honduran military and police forces, backed by the international community and in particular millions of U.S. dollars, once again brutally attacked peaceful protesters in a week that saw more social movement blood spilt.

The march on Thursday organized by the Civic Council of Popular and Indigenous Organizations of Honduras, or COPINH, and OFRANEH, an organization which represents the Afro-Indigenous Garifuna people, converged outside the Attorney General’s office to demand justice following the assassination of two more prominant social movement leaders in the country.

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During the attack, heavily armed police and COBRA forces (Special Operations Command) indiscriminately fired tear gas canisters and water cannons and physically beat girls and boys, women and men, and the elderly.

Police and COBRA forces attacked just as OFRANEH was initiating a drumming and spiritual ceremony. COPINH was once led by globally-renowned activist Berta Caceres, who was murdered this year for opposing the construction of a dam. They are two of the most respected community organizations in Honduras since before the 2009 U.S. and Canadian-backed military coup, and particularly since then.

Eyewitness Karen Spring from the Honduras Solidarity Network reported:  “The repression was brutal and I’ve been in a lot of repressive marches since the 2009 coup.  This one was up there with the worst, especially since a COPINH member reported that one police took his gun out and fired a shot at his feet.  It all happened so fast and no one expected it; there was no time to get children and elderly out.  People were grabbing kids and running with them as they were crying and choking from the teargas.  The police chased protestors for almost 2 kilometers from the Attorney General’s office.”

COPINH and OFRANEH marched to denounce the assassinations  this week of Jose Angel Flores and Silmer Dionosio George, two leaders of MUCA, or the Unified Campesino Movement of the Aguan, and the recent attempted killing of two COPINH members. The organizations also are demanding justice for the March 3 assassination of COPINH co-founder Caceres; the establishment of an independent international commission to investigate her assassination; and to demand cancellation of the concession granted illegally to the DESA corporation to develop the Agua Zarca hydroelectric dam project in Rio Blanco, along with numerous other illegal mining and hydroelectric concessions on Lenca territories in western Honduras.

Berta Caceres’ Daughter Speaks

After the attack, Berta Caceres’ daughter – Bertita – spoke in a press conference:

“This is yet another act of repression against people demanding justice for the assassination of our compañera Berta Cáceres. How is it possible that soldiers, weapons and repression are the only way the regime deals with us, even when we have Protective Measures from the Inter-American Commission of Human Rights? … Despite all this repression, harassment and criminalization, we will not permit the construction of development projects of death in our communities.”

Do Not Write Letters of Protest to the Regime

Wondering what to do about this latest act of State repression in Honduras?

Don’t write letters of protest to the regime.

They are impervious to them.  In power since the 2009 coup, the economic, military and political elites care about two things: maintaining their mutually beneficial economic and political relations with and support from the international community (primarily: governments of U.S., Canada and the European community; the World Bank and Inter-American Development Bank; and a host of global investors and companies working in the sectors of African palm, sugar cane, bananas, garment “sweatshop” factories, mining and tourism); and, maintaining relations with and support from the U.S. military.

The repression, corruption and impunity in Honduras are not “Honduran” problems. They are problems of this so-called “international community” together with the Honduran elites. International economic and military relations are the lifeblood of the regime.  This is how power works.

Through our denunciations and activism, we have to make this “international community” take responsibility for its actions. If accountability is not brought to complicity of the military, economic and political backers of the Honduran regime, the repression, corruption and impunity will not stop.

Grahame Russell is a non-practicing Canadian lawyer, author, adjunct professor at the University of Northern British Columbia and, since 1995, director of Rights Action (www.rightsaction.org / info@rightsaction.org).  Follow, also, the work of the Honduras Solidarity Network (http://www.hondurassolidarity.org/).

http://www.telesurtv.net/english/opinion/The-US-and-Canada-Have-Blood-on-Its-Hands-in-Honduras-20161022-0010.html

Berta Caceres’ Daughter Blasts Police Repression of Activists

Police cracked down activists in Tegucigalpa during a peaceful protest by Indigenous communities and groups. | Photo: COPINH

Police cracked down activists in Tegucigalpa during a peaceful protest by Indigenous communities and groups. | Photo: COPINH

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By teleSUR English

The protesters were asking for justice after the killing of another environmentalist in Honduras when police violently evacuated the area.

Honduran security forces clashed with environmentalists, students and peasants on Thursday, who were protesting to demand justice following the assassination of two predominant leaders in the country.

Members of the Civic Council of Popular and Indigenous Organizations of Honduras, or COPINH, which was once led by globally-renowned activist Berta Caceres who was murdered this year for opposing the construction of a dam, were also part of the peaceful protest.

Berta Zuñiga, daughter of Caceres, now heads the organization and pointed out that although her family and COPINH have police protection they were stopped from protesting less than two hours after Thursday’s march began.

The different organizations demonstrated outside the Public Ministry in the Honduran capital of Tegucigalpa and were met with water cannon and tear gas.

“We were met with weapons and repression, even when they knew there were children and elders,” Zuñiga said during a press conference after the police crackdown.

According to Zuñiga, corporate interest and the Honduran state are responsible for the death of her mother. She says the mining companies targeted Caceres for her work defending the natural resources of the Indigenous community of Lenca while Honduran authorities failed to protect her despite clear threats to her life.

“No company or the Honduran state has the right to come to our territory, destroy our forests and sources of water, divide our communities, and kill our leaders and our voices,” said Zuñiga.

The different organizations demonstrated outside the Public Ministry in Tegucigalpa and were met with water tanks, tear gas and strong police repression.

“We will continue to demand what lawfully belongs to us, we won’t back down,” said Zuñiga. During the press conference members of COPINH chanted, “She has multiplied, Berta lives, the struggle continues!”

The organizations also rallied to ask for an unbiased and formal investigation into the murder of Jose Angel Flores, president of the Unified Peasant Movement of Aguan MUCA, who was killed Tuesday.

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“#Honduras Fragments of tear gas used in the peaceful protests called by COPINH.”

The protesters denounced Honduran authorities for declaring the killing of Flores the result of an internal conflict among peasant organizations without properly investigating the crime.

Victor Fernandez, lawyer for the Broad Movement for Dignity and Justice, said both killings were selective and follow a pattern of impunity. Since the 2009 coup against ex-President Manuel Zelaya, more than 200 activist leaders have been killed in the country.

Caceres’ associates believe that the Honduran company behind the dam project she rallied against, Desarrollos Energéticos, or DESA, and the Honduran government hired contract killers to murder activists like her.

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This project was opposed by the Lenca Indigenous people and by environmentalists in Honduras. The Lenca community was not consulted about the dam project, which would have flooded a significant tract of Indigenous land and cut off water supplies, which are required by law.

Caceres’ family and COPINH members have demanded an independent probe since day one, expressing skepticism in the justice system to carry out a reliable investigation given its track record of corruption, impunity and botched cases.

Article originally published in teleSUR English October 20, 2016

http://www.telesurtv.net/english/news/Berta-Caceres-DaughternbspBlasts-Police-Repression-of-Activists-20161020-0017.html

Quebec First Nations May Try To Block Algonquin Land Claim

An eagle feather, an Indigenous symbol, is held up on Parliament Hill. The Algonquins of Ontario are one step closer to assuming tens of thousands of acres of their ancestral territory in a historic treaty. (Adrian Wyld/Canadian Press)

An eagle feather, an Indigenous symbol, is held up on Parliament Hill. The Algonquins of Ontario are one step closer to assuming tens of thousands of acres of their ancestral territory in a historic treaty. (Adrian Wyld/Canadian Press)

Division in Algonquin nation over who should benefit from $300M treaty and who qualifies as Algonquin

By John Paul Tasker, CBC News Posted: Oct 19, 2016

The Algonquins of Ontario are one step closer to assuming tens of thousands of acres of their ancestral territory in a historic treaty, but their counterparts in Quebec are vowing legal action to stymie the agreement and delay a deal decades in the making.

The agreement-in-principle, signed Tuesday in Ottawa, encompasses roughly 36,000 square kilometres of land stretching from Parliament Hill to parts of Algonquin Park and up to North Bay, an area that Algonquins in Quebec also say is their territory.

“If it’s Algonquin territory, then every registered Algonquin should become a beneficiary to any treaty that’s happening on our territory,” Lance Haymond, the chief of Kebaowek First Nation, said in an interview with CBC News.

“We didn’t divide up the Algonquin territory. That was governments many, many years ago, that physically created separation.”

Preliminary estimates pegged the number of Algonquin beneficiaries at roughly 8,000, a figure he said should be much higher given their numbers in Quebec.

The cash payment associated with the treaty is currently set at $300 million, although Indigenous leaders are pushing for more.

‘Ten thousand legitimate Algonquins are going to be excluded from ever benefiting from a final treaty.’– Lance Haymond

Haymond said about one million hectares of the land that will be surrendered — when the treaty is finally ratified — actually belongs to the Kebaowek, Timiskaming and Wolf Lake First Nations over the provincial border, and the Algonquins of Ontario alone cannot extinguish that title.

He said he is meeting with his legal team to discuss whether they will file an injunction to try and stop the process altogether or file an Aboriginal title case for the same lands.

The Quebec chief also wants a sit-down with Indigenous Affairs Minister Carolyn Bennett, something he says he was promised in February but so far to no avail. He wants to impress upon her his serious concerns about the territorial overlap, and who her department considers “Algonquin” for the purposes of this treaty process.

“I can’t just legitimately sit back and watch that 6,000 non-Aboriginal peoples have voted yes for a land claim, but 10,000 legitimate Algonquins are going to be excluded from ever benefiting from a final treaty.”

The agreement-in-principle, signed Tuesday in Ottawa, stretches from Parliament Hill to parts of Algonquin Park and up to North Bay, an area that Algonquins in Quebec say is also their territory. (Algonquins of Ontario)

The agreement-in-principle, signed Tuesday in Ottawa, stretches from Parliament Hill to parts of Algonquin Park and up to North Bay, an area that Algonquins in Quebec say is also their territory. (Algonquins of Ontario)

Algonquin claimants questioned

Haymond’s community commissioned a study of the list of eligible voters who voted to ratify the agreement-in-principle with the federal government in March, and found that some had tenuous ancestral connections to the Algonquin nation.

Even Prime Minister Justin Trudeau would qualify under these rules, the chief said.

“At least 60 to 70 per cent of these individuals cannot qualify as being Algonquin,” Haymond said. “In fact most of those families have been removed from our nation for 200, 300 years.”

The figures are based on genealogical studies by researchers at the Algonquin Nation Secretariat.

The chief said the federal government has created two different standards: first, the rigid process a person has to follow to obtain Indian status — which requires you to show at least three generations of your family have had continual intermarriage with the Algonquin nation — and second, the one set-up for this land claim.

“Someone just has to self-identify, and be able to attach their genealogy to one of the 12 root ancestors part of the process.”

Robert Potts, the senior negotiator for the Algonquin claim, pushed back against such criticism Tuesday saying they have followed a rigorous vetting process of their own to determine eligible claimants. He has strenuously denied Haymond’s claims.

“I can assure you a tremendous amount of effort and thought is going into this,” he said, noting they are consulting with their own genealogical experts and it is being overseen by a judge.

‘Willing to take anything’

Kirby Whiteduck, the chief of the Algonquins of Pikwakanagan, the only First Nations band part of the Ontario treaty, said that simply claiming ancestry will not be enough.

“You can’t just be of descent,” he said in an interview with CBC News.

“If you don’t exercise your Aboriginal rights and belong to a collective, you don’t necessarily have Aboriginal rights, according to the law, but there are cases of extenuating circumstances that we have to consider.”

Kirby Whiteduck Algonquins of Ontario Land Claim

Kirby Whiteduck, chief of the Algonquins of Pikwakanagan, said he hopes to negotiate improvements to the agreement in principle signed this week. (CBC)

His own community, populated by status Indians, voted against the deal 327 to 256, but the negotiators moved ahead with signing the agreement despite his First Nations’ narrow opposition.

“We’ve had our internal agreements, and our spats, and disagreements with the other negotiating teams, and governments, and it’s not as easy at it looks,” Whiteduck said.

Ontario, the federal government and the Algonquins of Ontario have been negotiating for 24 years, but the Algonquins have laid claim to the land for more than 250 years — and they say the Crown never extinguished their title to the land.

“Look, they’ve waited 24 years for a deal, and at this point, you know, they were willing to take anything,” Haymond said.

http://www.cbc.ca/news/politics/quebec-algonquins-legal-action-1.3811602

Memo: No Native American Artifacts or Remains Found at Dakota Access Pipeline Site

File photo of protesters of the Dakota Access Pipeline looking over a fence on top of a hill on the west side of the Missouri River at pipeline construction crews as they work on the other side of the river on Aug. 16, 2016. Christopher Juhn for MPR News File

File photo of protesters of the Dakota Access Pipeline looking over a fence on top of a hill on the west side of the Missouri River at pipeline construction crews as they work on the other side of the river on Aug. 16, 2016. Christopher Juhn for MPR News File

Draft Memo: No artifacts, remains found

The Associated Press · Sep 27, 2016

BISMARCK, N.D. (AP) — A North Dakota state inspection of an oil pipeline site has found no sign of the Native American artifacts or human remains that an American Indian Tribe says are present, the state’s chief archaeologist said in a draft memo.

The Standing Rock Sioux tribe had cited the potential for burial grounds and other artifacts as a major reason to lead protests that have stymied completion of the project.

Chief Archaeologist Paul Picha said in the memo first published Monday by conservative blogger Rob Port that seven state archeologists inspected the 1.3-mile section along the route of the $3.8 billion Dakota Access pipeline in southern North Dakota. The memo said only some animal teeth and bone fragments were found during the survey last week.

Historical Society spokeswoman Kim Jondahl confirmed the contents of the memo but said it was “a first draft of an internal summary.” She declined to say how the draft differed from later versions.

In early September, Standing Rock Sioux officials said crews bulldozed several sites of “significant cultural and historic value” on private land, which Dallas-based pipeline builder Energy Transfer Partners denies. It led to a clash between protesters and private security guards hired by the pipeline company. Law enforcement officials said four security guards and two guard dogs received medical treatment, while a tribal spokesman countered that six people were bitten by guard dogs and at least 30 people were pepper-sprayed.

The Morton County Sheriff’s Department is heading up the probe of the Sept. 3 incident at the construction site near the Standing Rock Indian Reservation.

In an incident on Sunday, Morton County Sheriff Kyle Kirchmeier says about 200 people confronted about 30 security guards at a construction site. The sheriff says all but three security guards left the construction site. The sheriff says law enforcement officers witnessed one of the security guards being carried by protesters for about 100 yards. The guard was treated for minor injuries by paramedics. No arrests were made.

Picha did not return telephone calls Monday about the memo. The state Historical Society and the Morton County Sheriff’s Department declined to release the memo, saying it was part of an ongoing investigation by law enforcement.

The clash between security guards and protesters on Sept. 3 came one day after the tribe filed court papers saying it found burials, rock piles called cairns and other sites of historic significance to Native Americans along the pipeline’s path.

Tribal preservation officer Tim Mentz said in court documents that the tribe was only recently allowed to survey private land, which is now owned by the pipeline company.

Standing Rock Sioux tribal members could not immediately be reached for comment Monday.

But Standing Rock Sioux Chairman David Archambault II has said previously that construction crews removed topsoil across an area about 150 feet wide stretching for 2 miles.

“This demolition is devastating,” Archambault said. “These grounds are the resting places of our ancestors. The ancient cairns and stone prayer rings there cannot be replaced. In one day, our sacred land has been turned into hollow ground.”

JAMES MacPHERSON

[SOURCE]

History: Oka Crisis Ends

When police were forced back in a firefight on July 11, 1990 which left one officer dead, Mohawk used a construction vehicle to crush and pile up the abandoned police vehicles into a formidable barrier blocking highway 344 through their community. Photo Credit: Paul Chiasson/Canadian Press

When police were forced back in a firefight on July 11, 1990 which left one officer dead, Mohawk used a construction vehicle to crush and pile up the abandoned police vehicles into a formidable barrier blocking highway 344 through their community. Photo Credit: Paul Chiasson/Canadian Press

Radio Canada International | By Marc Montgomery, Sep 26, 2016

It began with argument over land between a Mohawk reserve and the small town of Oka, about 60 kilometres north-west of Montreal.

The small area of land claimed by the Mohawk reserve of Kahnestake had been in dispute for centuries. The original land grant of 1717 by the governor of New France, granted the Catholic church trustee rights to the land for the Mohawk, but the church later modified the agreement giving itself ownership of the land.

In 1868, the Mohawk demanded the land back and when that was refused, they attacked the local Catholic seminary but were forced back by military intervention.

The church sold the land to developers in 1936 and closed the seminary. Later a members-only golf course was built on a portion of the land in spite of Mohawk protests.

In 1986, a Mohawk lawsuit laying claim to the land, a wooded area known as the Pines, and burial ground was rejected by the government on technical grounds.

The situation flared however in 1989, when the mayor of the town announced permission had been given to expand the golf course and develop a residential area on the land.  It should be noted that many Oka residents were opposed to this for environmental reasons, because as it was “member-only” golf club not benefitting townspeople, and because some felt it was indeed Mohawk land and knew the plan would cause tension.

The crisis began on July 11, 1990 when Mohawk in Kahnestake erected barriars blocking the highway north and access to the forest on the edge of Oka. Mohawk in Kahnawake blocked a bridge and highways in sympathy. The crisis ended on Sept 26, unresolved © google-mm

The crisis began on July 11, 1990 when Mohawk in Kahnestake erected barriars blocking the highway north and access to the forest on the edge of Oka. Mohawk in Kahnawake blocked a bridge and highways in sympathy. The crisis ended on Sept 26, unresolved

In any case, the mayor did not feel it necessary to discuss with the Mohawk about the plan. In protest some Mohawk blocked road access to the area.

The tensions blew up on July 11, 1990 when the Oka mayor asked the provincial police to intervene.   The Surete de Quebec (SQ) showed up with a tactical response unit, and dozens of officers. They attempted to break the blockade with tear gas and light explosive noise devices known as “flash-bangs”.

It became a confused fiasco, and instead of chasing the Mohawk away, a shooting battle broke out between police and about 30 armed Mohawk.

To this day no-one knows who fired the first shot, but a 15 minute gunbattle ensued. The shooting left police officer Cpl Marcel Lemay dead of a gunshot wound, although it has never been made clear which side the shot came from or who the shooter was.

Immediately after the fatal first shooting battle, police set up their own barrier down the hill from the Mohawk barrier where the two sides remained in a tense months-long standoff.

Immediately after the fatal first shooting battle, police set up their own barrier down the hill from the Mohawk barrier where the two sides remained in a tense months-long standoff.

The police retreated leaving several police cars and a large front end loader all of which the Mohawk used to reinforce the barricade. The police set up their own barricade near town, about a kilometre away.

As a result of the attack, the group of armed Mohawk swelled quickly to about 100, and then as the standoff continued, grew to several hundred as other aboriginal members arrived from elsewhere in the country and even from the US.

Sept 1, 1990: A Mohawk ’warrior* Ronald *lasagna* Cross, is involved in a stare-down with a Canadian solider of the Royal 22e Regiment. The incident lasted only several seconds, Cross later telling reporters, *I just wanna look at their faces before I kill ’em.*

Sept 1, 1990: A Mohawk ’warrior* Ronald *lasagna* Cross, is involved in a stare-down with a Canadian solider of the Royal 22e Regiment. The incident lasted only several seconds, Cross later telling reporters, *I just wanna look at their faces before I kill ’em.

In sympathy, other armed Mohawk from the Kawnewake reserve just across the river to the south of Montreal immediately blocked Montreal’s Mercier Bridge and two highways which serve many communities to the south east of Montreal such as Chateauguay. This caused huge traffic congestion and further inflamed the situation and caused bitter resentment among area non-natives. The RCMP federal force was called in but were ordered not to use force and ended up involved in riots as angry area residents demanded action to open the roads. Ten officers were injured.

Then Quebec premier Robert Bourassa requested military assistance and over 2,000 Quebec-based military personnel moved into the area.

They pushed the authorities barricade from 1.5 km from the Mohawk barricade, up to within metres. Eventually they pushed through all Mohawk barriers and surrounded the last holdout on Mohawk land.

Although there were several very tense moments and some scuffles during the weeks and months of standoff, no further gunfire was exchanged after the initial battle.

160926_js9xw_rci-m-clutier_sn635

The most famous photo of the crisis, a Saskatchewan native, Brad Larocque, and Pte Patrick Cloutier. (the *warrior* is often mis-identified as Ronald *Lasagna* Cross, who later was charged and spent time in jail for his part in the crisis. Shaney Komulainen/Canadian Press

On August 29, negotiations between the army and the Mohawk on the Mercier bridge ended that blockade and thereby ending a major bargaining chip in negotiations at Oka for the group occupying “the Pines” at Oka..

On September 26, after a very tense summer standoff , the last of the Mohawk “warriors”  surrendered, apparently burning some of their weapons.

The police took 26 men, and 22 women and children into custody.

In the following years, the federal government spent millions of dollars to buy land from non-natives to give a contiguous area to the Mohawk and years later bought another parcel of land so the Mohawk could expand their cemetery.

In one sense, the Mohawk did prevent development on their land.    However, the members-only golf course and “Pines” are still owned by Oka, although the current mayor says no development will take place there as long as he is mayor. The forest and golf course however is still part of an ongoing land-claims negotiation involving 673 sq.km.

The 78-day Oka crisis resulted in several books written by politicians, journalists, Mohawk, and others, as well as a number of documentary films.

Additional information- sources

http://www.rcinet.ca/en/2016/09/26/history-oka-crisis-ends/

Give First Nations Power To Call In Military When Rights Are Threatened, Chief Tells Defence Minister

A Mohawk Warrior in a golf cart watches approaching Canadian army armoured vehicles during the 1990 Oka crisis.

A Mohawk Warrior in a golf cart watches approaching Canadian army armoured vehicles during the 1990 Oka crisis.

By Steve Lambert | The Canadian Press

WINNIPEG — Defence Minister Harjit Sajjan is considering a request to give First Nations the power to directly call in the military when their treaty, environmental and other rights are threatened.

Ron Swain, vice-chief with the Congress of Aboriginal Peoples, told Sajjan during consultations with indigenous groups Wednesday that aboriginal communities deserve the same rights as provincial governments, which have the authority under the National Defence Act to call in the military to fight civil unrest and during other crises.

“We believe, in protecting our sovereign territory and our issues around environmental concerns, we should be able to trigger the same response and have our Armed Forces defending our treaties and our territories,” Swain said during a break in the closed-door meeting in Winnipeg that included about a dozen aboriginal leaders and academics.

Daniel Leal-Olivas/AFP/Getty Images

Daniel Leal-Olivas/AFP/Getty ImagesDefence Minister Harjit Sajjan

The meeting, which focused on indigenous issues, was one of several discussions Sajjan is holding around the country as part of a broad review of Canada’s defence policies.

Swain, whose group represents First Nations and Metis who do not live on reserve, pointed to the Oka crisis of 1990, when the Quebec government called in the military to try to restore order after repeated clashes between police and Mohawk protesters.

He said indigenous communities should be able to call in the military to come to their defence in such cases, or in the event that development that could pose a risk to the environment is taking place without First Nations consent. Swain cited the current standoff involving the Standing Rock Sioux Tribe in North Dakota over construction of an oil pipeline.

“Our people and our communities are very concerned about water and this whole issue about pipelines.”

Even municipalities appear to have an easier time getting military intervention, said Swain, who pointed to the 1999 snowstorm in Toronto that had then-mayor Mel Lastman pleading successfully for army aid.

A spokesman for Sajjan was noncommittal on the idea.

“We thank vice-chief Swain … for bringing this idea to our attention; it is certainly something we will consider as we move forward in the policy review process,” Jordan Owens, Sajjan’s press secretary, wrote in an email.

Earlier in the day, Sajjan said the meeting would look at a wide variety of topics — everything from the Canadian Rangers, a largely indigenous group of army reserves that helps patrol the North, to job opportunities for indigenous youth in the military.

“There are countless stories out there within the military that we do need to share, that we can inspire the younger generation to be able to look at, potentially, the military as a career, but also to look at it as an opportunity for learning and apply it to other careers as well,” Sajjan said.

Canada’s revamped defence policy is expected early next year and is expected to address everything from overseas military missions to cyber terrorism.

This article originally appeared in the National Post on September 14, 2016

[SOURCE]