Tribal leaders meet with U.S. officials in third consultation

Peru Congress Revokes Land Laws

http://news.bbc.co.uk/2/hi/in_depth/8108388.stm 

Peru’s Congress has overturned two controversial land ownership laws that sparked deadly clashes between police and Amazon tribal groups.

At least 34 people were killed in the clashes earlier this month.

The laws were passed under powers Congress had granted President Alan Garcia to implement a free trade agreement with the US.

Tribal groups said they were not consulted and some of Peru’s South American neighbours voiced opposition.

Ambassador recalled

Congress passed the revocation measure by 82-12 after a five-hour debate.

The Amazon tribal groups argue the decrees - passed in 2007 and 2008 - open up mineral and mining rights in a way that would threaten their way of life.

The worst of the clashes occurred when police tried to clear roadblocks set up by the groups at Bagua, 1,000km (600 miles) north of Lima.

Peru’s Prime Minister Yehude Simon had earlier said the government had to know how to listen.

He said the reversal of policy would not put at risk Peru’s free trade agreement with the US but has said he will step down once the dispute is settled.

The dispute led to a diplomatic row between Peru and Latin American neighbours Venezuela and Bolivia.

Peru recalled its ambassador to Peru for consultation on Tuesday after Bolivian President Evo Morales described the deaths of the indigenous protesters as a genocide caused by free trade.

Peru’s Foreign Minister Jose Antonia Garcia Belaunde called Mr Morales an "enemy of Peru".

June 9, 2009

Fort Yuma, CALIFORNIA/ARIZONA — Today, the NAFTA Tribunal in the Glamis Gold dispute against the United States released its long-awaited decision.

The Tribunal found that the State of California’s and the United States’ actions in regulating hard rock mining on public lands did NOT violate provisions of NAFTA.

"We were the first tribe to have our briefs accepted in a NAFTA claim dispute" stated Mike Jackson, Sr., President, Quechan Nation. "The award shows that the Tribunal understood that the Indian Pass area is a sacred area to the Quechan people, worthy of protection from hard rock mining. After battling the mining company for nearly fifteen years, it is good to have this decided. We encourage Glamis (now GoldCorp) to take immediate steps to put the matter behind all of us."

Such steps could include GoldCorp not appealing the decision and abandoning or otherwise relinquishing its mining claims so that the existing withdrawal of the area from new mining claims would absorb the area proposed for the mine. Glamis must also pay two-thirds of all proceeding costs.

"We are very pleased to see that an international tribunal recognized the obligation of state and local governments to respect indigenous cultural rights. We also note the United States Government worked with the Quechan Tribe in defending its interests, and that the Tribe’s voice was heard at the hearing," stated Courtney Ann Coyle, Attorney for the Tribe. "We sincerely hope that the Tribe’s actions will pave the way for increased participation by other indigenous peoples in international economic law disputes."

However, the ruling does not appear to affect GoldCorp’s mining claims in the land. The Tribe has continued its strong opposition to mining – or any development – in this sacred place. The Tribe will be examining its options to further ensure protection of this place in perpetuity.

Preservation would be consistent with the United States’ position in the dispute that, "Glamis’s unpatented mining claims … never included the right to mine in any manner which interfered with the state’s ability to accommodate the free exercise of religion, injured Native American sacred sites or endangered the environment or public health and safety." Thus, use of the land cannot proceed in violation of those tribal rights/interests. The international tribunal found Glamis’s claims wanting, as the Clinton Administration found their claims under domestic land use laws equally flawed.

The Tribe intends to call upon the Obama Administration to confirm the validity of the original Solicitor’s Opinion in this matter, which determined that BLM has the ability and indeed the obligation to deny mines that would impair or degrade native sacred places. A federal court agreed with the original Opinion, application of which would lead to another denial of the mine, should GoldCorp or another company foolishly seek to permit it in spite of the site’s history.

The Quechan Indian Nation is a federally recognized Tribe. About 3,000 Tribal members live on the reservation. The Quechan is the third largest California land-based tribe, with about 45,000 acres in reservation status.

Their aboriginal lands include the area protected in the Clinton-era decision originally denying the Glamis Gold mine, a denial that was later rescinded by the Bush Administration, and lands which became the poster child for successful hard rock mining reform in California. The Tribe has utilized the Indian Pass area since time immemorial for religious, ceremonial and educational purposes. The Indian Pass area was also designated as one of the 11 Most Endangered Historic Places in 2002 by the National Trust for Historic Preservation.

The Tribe offers its deep appreciation to all of its supporters who helped protect this sacred area.

For additional information, please contact:

Mike Jackson, Sr., President Quechan Nation 760.572.0213
Pauline P. Jose, Quechan Culture Committee 760.572.0661
Courtney Ann Coyle, Attorney Quechan Nation 858.454.8687 or CourtCoyle@aol.com

 _______________________________

The full decision is available at this State Department link.   Also see the State Department’s media release, 

  

President Obama has an opportunity to send the world a message about American justice.

He can add America’s name to the Declaration on the Rights of Indigenous Peoples before the Organization of American States. This is a historic effort by all countries in the Americas to recognize and declare that human rights belong to indigenous peoples, both as individuals and as communities, nations, or tribes. Negotiations over the draft American Declaration in the Organization of American States have reached a critical point. All the countries of the Americas must now exert the political will to finalize and adopt the American Declaration. Last year, the United States refused to actively negotiate. This must change, and each of us can help make that happen.

We live in an era of self-determination, yet Congress still claims the power to do what it wants - confiscate our native lands in violation of the Constitution, strip our jurisdiction, exploit our natural resources and refuse to honor its treaty obligations. Many of our nations and communities face a daunting set of social and economic challenges, as well as violation of treaty and human rights on a daily basis. Our northern tribes and Native Alaska villages see their very existence threatened as climate change undermines their subsistence lifestyles.

All the countries of the Americas must now exert the political will to finalize and adopt the American Declaration.

The adoption of a strong American Declaration would be a tremendous step toward ending the appalling treaty and human rights violations that are so often inflicted on our Indian and Alaska Native tribes and communities. The declaration states the commitment by these countries to the rights of Indian peoples - our right to exist as distinct cultures, our right to govern our own affairs, our right to own and use our lands, and our right to be free from discrimination.

Indian and Alaska Native nations have always had to fight to make sure the United States government respects and protects our rights as tribal governments and as Indian peoples. This declaration is an important step in protecting those rights. The United States did not vote for the United Nations Declaration on the Rights of Indigenous Peoples even though it publicly agreed with most of its provisions. We have a new opportunity to make sure the United States commits to protecting our rights by joining in adopting of a strong American Declaration.

United States leadership is key to gaining the respect for treaty and human rights that is lacking in the Americas. Strong leadership from the United States would signal a change in its foreign policy on human rights, reinvigorate the OAS negotiations, and lead to the adoption of a strong American Declaration. The new administration provides an excellent opportunity for us to encourage such leadership from the U.S.

As Indian nations and as communities and individuals, this is the time to vigorously encourage the United States to support a strong American Declaration that respects and declares our rights. And while we are at it, let’s also see to it that the U.S. declares its support for the UN Declaration on the Rights of Indigenous Peoples.

Wilma Mankiller is the former principal chief of the Cherokee Nation.