by Deep Green Resistance News Service | Sep 25, 2016 | Mining & Drilling, Toxification
Featured image: The San Juan River still turns a muddy orange after a heavy rain, as sediments from the Gold King Mine spill are stirred up from the bottom. Suzette Brewer
by Suzette Brewer / Indian Country Today Media Network
SHIPROCK, New Mexico—On Friday, as the Obama administration temporarily halted construction of the Dakota Access pipeline due to concerns of the Standing Rock Sioux Tribe, another water-related human tragedy continued to unfold within the Navajo Reservation in New Mexico.
A year after the Gold King Mine spill that turned the San Juan River bright orange with millions of gallons of toxic chemicals, Navajo families continue to struggle against the ongoing, catastrophic effects on their water supply that threaten both their health and the economic stability of an already fragile community. On a daily basis, tribal members along the San Juan River say, they are still confronting the environmental, agricultural, health and spiritual fallout from the disaster that has pushed some to the brink of despair and left many others teetering on poverty.
In August 2015, more than three million gallons of toxic acid sludge and heavy metals, including lead, mercury, cadmium, beryllium, arsenic and dozens of other dangerous contaminants, was released into the Animas River at its headwaters in Silverton, Colorado, the largest tributary to the San Juan River.
Home to Shiprock, the most populous community in the Navajo Nation, the San Juan supplies water to nearly 1,500 farms and 1,200 ranches that have been devastated in the wake of what the Navajo Nation contends was “a preventable tragedy.”
The disaster, which resulted from abandoned and poorly maintained mines, has left many tribal members depressed and fearful, saying they don’t trust that the waterways are safe for them, their crops or their livestock. This leaves hundreds of farmers and ranchers without the means to earn a living in one of the poorest regions in the United States.
Meanwhile, Navajo leaders say their communities situated along the river have been “torn apart” over whether to use the water from the San Juan for their irrigation canals, livestock and ceremonial purposes. They have been left stranded, the leaders say, with no clear answers or assurances that the river upon which they have lived and survived for thousands of years will ever be restored.
“It’s hard to even gauge the scale and significance of what the Gold King spill has done to our communities,” Shiprock Chapter president Duane Yazzie told Indian Country Today Media Network. “They began mining in the 1870s, so the net effect in the last 150 years is that these mining companies can inflict any damage they want without any liability whatsoever. Congress, who has the authority to fix this, has been asked to do so for nearly a century, but they won’t. And yet we’re left to clean up the mess.”
Experts agree that there are hundreds of abandoned mines in and around Silverton, Colorado, many of which interconnect and flow into the headwaters of the Animas River—which feeds into the San Juan and directly into the tribe’s irrigation canals. For decades, said Yazzie, it was public knowledge that the mines were being improperly managed with bulwarks that had been poorly conceived and constructed, causing a massive buildup of water pressure within the mines.
When subcontractors went in to do maintenance, the mine blew out a massive cocktail of toxic water that polluted rivers and waterways for dozens of communities downstream. The tribe, however, maintains that its communities are particularly vulnerable and the most at-risk because of their unique cultural, historical, agricultural, geographic and economic dependence on the San Juan River.
Although the Environmental Protection Agency (EPA) has conceded responsibility, the Navajo Nation says the agency’s response has been “slow and inadequate.” They say the mine owners continue to squabble and engage in finger-pointing and blame-shifting after one of the worst environmental disasters in U.S. history.
The ensuing domino effect of the spill has led to a bitter legal imbroglio involving the Navajo Nation, New Mexico, Colorado, the mine owners and the EPA. Subsequently, New Mexico has sued Colorado, for example, and both states have sued the EPA.
The Navajo Nation, however, infuriated by the EPA for its “reckless negligence” and its unwillingness to reimburse the tribe for the more than $2 million incurred in costs related to the catastrophe, sued the agency along with the mine owners in August. In its petition, the tribe alleges that, collectively, “Defendants failed at virtually every step, in most instances advancing their own interests,” and were negligent in their maintenance of mines that were “known and substantial risks.” The EPA did not respond to requests for comment on this story.
RELATED: Navajo Nation Sues EPA Over Gold King Mine Disaster
The Navajo Nation also named Gold King Mines, Sunnyside Gold, Kinross Gold, Harrison Western, and Environmental Restoration in the lawsuit in seeking redress for the enormous amount of economic, agricultural and cultural damage done to the Navajo communities who rely on the San Juan River for their entire way of life. The 48-page petition alleges that the EPA, its subcontractor and the mine owners “consistently acted improperly, shirked responsibility, and failed to fulfill their moral and legal obligations… [and] must be held accountable for the harms caused to the San Juan River, the Nation, and to the Navajo people.”
The damage to the Navajo communities that depend on the San Juan River, Yazzie concurs, has become incalculable.
“Indians have been expendable for a long time, it doesn’t matter what damage we’re subjected to,” said Yazzie, a hint of anger flashing in his eyes. “Our people are torn [about using the water], but what choice do we have? Just like the people from Flint, Michigan, it’s a disaster, but what choice do they have?
“The Gold King spill is so massive that we don’t even know if it’s possible to clean up.”
“Something Happened to the Water”
Allen and Bertha Etsitty were caught off guard. On August 7, 2015, two full days after the spill, the Etsittys were one their way to Shiprock when they heard over the Navajo radio station, KTNN, that “something had happened to the water.”
The Etsittys, who have been married for nearly 50 years, are retired and live on Social Security. At approximately 19 acres, theirs is one of the largest family farms on the Navajo Reservation—the income from which they use to survive throughout the year.
“We’ve been farming ever since we got married,” said Allen.
“Our parents and grandparents were farmers, too,” Bertha said, as Allen nodded. “We learned to farm from them. The river is sacred for us, it was here ever since we were kids. The river is so important to us, and it provides the food we need.”
Allen and Bertha Etsitty attend a workshop for farmers and ranchers in Shiprock, New Mexico, to get assistance in filing their EPA claims from the Gold King Mine Spill. (Photo: Suzette Brewer)
Later that day, they received a call from Martin Duncan, president of the San Juan Dineh Water Users, informing them that there had been a toxic mine spill in Colorado and that the tribe would be shutting off the main gate to the irrigation canals. That night, the Etsittys, who are in their 70s, set up camp in their fields with their son, Huron, as the three of them worked around the clock to irrigate their crops with what clean water was left before the main gate was closed.
“We flooded the fields,” said Allen. “We did everything we could do.”
Over the next several weeks, the Etsittys loaded their vehicles with 325 gallon water tanks and drove back and forth nearly 100 miles a day to get water from the tanks that had been set up by the tribe in Shiprock. All told, the elderly couple hauled more than 60,000 gallons of water in a desperate attempt to save their crops.
“We only had our regular vehicles, which aren’t built for that kind of thing,” said Allen. “We went through brakes, drums, pads, transmissions, everything, trying to keep our fields watered and save what we could.”
But it was not to be. As time dragged on and the growing season stalled, the Etsittys could only watch as their crops withered away—along with their income at fall harvest.
“Our corn didn’t even make it past the tassels. We only produced about one-quarter of what we normally grow,” Allen said, adjusting the cap on his head. “It hit us hard.”
“Our corn pollen is sacred to us for prayers and offerings,” Bertha said. “It was a loss to our traditional medicine men. Everybody was looking for corn pollen this year, and we didn’t have any.”
Allen says that prior to the disaster, they planted every square inch of their acreage with crops that included several varieties of traditional Navajo corns, squash, watermelons, cantaloupe, Navajo winter melons, and a wide variety of vegetables and fruit trees. This year, they said they did not plant the same volume because of the stigma that is now associated with crops grown with potentially contaminated water. As a result, people are buying their produce elsewhere.
“People used to come from all over the rez to buy our corn,” she said. “But now we can’t grow everything we normally would because people might not buy it, so we just planted what we could.”
Additionally, the Etsittys had to give away their pigs and sell all of their sheep, livestock and horses because they simply did not have the food and water to maintain them.
“This has been stressful for everyone here,” said Bertha, with a tired smile. “This has been very stressful for us, but we do the best we can. This River is so important to us because we need that water. But with this contamination people don’t really trust the water anymore. My grandchildren ask, ‘Grandma, where are the peaches? Where are the squash?’ We don’t have any.”
“The Dark Legacy of Mining”
Since the early 1990s, the residents of Silverton, Colorado, which had based its tourism on its historical ties to the mining industry, had vigorously rejected EPA efforts to list the area as a “Superfund site,” according to the Associated Press. Fearful that such a designation would impact the town’s tourism, Silverton and San Juan County fought federal funding and assistance, even though it would have allowed mitigation for the clean-up of toxic acid leakage and hundreds of other contaminants in what has been described as one of the “worst clusters of toxic mines” in the country.
In the subsequent decades, however, water pressure behind the cheap, poorly constructed bulkheads put in place by the now-defunct mining companies continued to build—until they inevitably burst open last year, creating an unprecedented environmental disaster. In February of this year, after national outcry over the spill, the city of Silverton and San Juan County reversed their position and asked the state of Colorado to declare the area a “disaster zone” to seek federal money for clean up.
On September 7, the EPA officially announced that Silverton will become a Superfund site under the official name of “Bonita Peak Mining District.”
RELATED: Activists, Tribes Hail EPA’s Superfund Designation for Gold King Mine
Even so, the tribe continues to suffer. Last month, the Navajo Nation Attorney General’s office hosted a workshop at the Shiprock Chapter House for local farmers and ranchers to assist them with filing their claims with the EPA. One by one, tribal members filed in and quietly took their seats in the small auditorium, hoping to get answers, legal advice—anything that might help them navigate the complicated, bureaucratic maze of a government that they feel has let them down too many times to count. The exhaustion and weariness from a year-long struggle to survive was palpable.
Ethel Branch, the attorney general for the Navajo Nation, had driven up from Window Rock to facilitate the workshop. Dressed in jeans and boots, Branch introduced herself to the small audience in Navajo. In English, she then explained that the tribe was offering this assistance out of recognition that many tribal members have no legal experience or representation and needed help with filing their claims.
Branch, who was born in Tuba City and grew up in Leupp, is a Harvard-trained lawyer and is barred in the Navajo Nation, Arizona, Oregon and Washington State. The suit against the EPA and the other defendants, she said, goes far beyond financial compensation.
“At bottom, the purpose of the litigation is to make the Navajo Nation and the Navajo people whole, to clean up our river, to restore our river to its role as a life giver and protector, and to shield us from the ongoing threat of future upstream sediment suspension and hard rock mine drainage and bursts,” Branch told ICTMN. “Our farmers and ranchers deserve to be able to continue pursuing their livelihoods undisturbed―livelihoods that trace us to our ancestors, going back to time immemorial. Our people also deserve to have the food, water and financial security they enjoyed prior to the spill.”
To that end, she says the tribe has suffered tolls on their mental, physical and spiritual health from which it will be difficult to recover. Gold King, she said, was yet another in a long list of environmental incursions on the Navajo people.
“We also want to send a strong message that the Navajo Nation is not a National Sacrifice Area,” Branch said. “Assaults on our land won’t go ignored, regardless of who commits them. This is our homeland—our sacred space—and our people will not leave it. Whatever happens to the land happens to us as a people. In the past the federal government has paid no heed to our timeless connection to our land. It has left it peppered with over 500 abandoned uranium mines and mills that continue to poison our land, our water, and our people. This is unacceptable and must stop. The filing of this lawsuit is our line in the sand saying that we will hold people accountable for their violations on Navajo land and of Navajo people.”
The Navajo Nation continues to struggle with the effects of uranium mining, among other issues related to resource extraction. (Photo: Suzette Brewer)
Branch echoes the sentiments of many tribal communities across the country who continue to suffer the deleterious effects of mining and other forms of resource extraction on their water sources and lands. Tribal scientists and environmental experts say that the primary difference between tribes and their non-Indian neighbors is that they are culturally, spiritually, historically, legally and physically connected to their lands and can be “sitting ducks” for ecological disasters.
Karletta Chief is an assistant professor and assistant specialist in the Department of Soil, Water and Environmental Sciences at the University of Arizona at Tucson. Chief, a member of the Navajo Nation from Black Mesa, became a co-principal investigator of a National Institutes of Health (NIH) grant to examine the exposures and risk perceptions following the Gold King Mine spill.
“It’s devastating to see the San Juan contaminated knowing all the ways our people use it,” says Chief, a graduate of Stanford University. “It just breaks my heart to hear how deeply wounded they are from the spill, not just financially but also spiritually and emotionally. It has definitely fueled me and driven me to do this work on behalf of our people.”
As a part of her NIH research, Chief has taken thousands of samples from the Navajo communities along the San Juan, including water from the river and soil from the banks and fields, as well as tap water and food, measuring varying river flows and testing for contaminants—chiefly, arsenic and lead. Additionally, she and her team of researchers have been conducting focus groups, as well as house-to-house interviews to assess the complexity of the impact of the spill on their lives.
In collaboration with the tribe, other investigators have also conducted blood and urine sampling of the Navajo residents to test for arsenic, mercury and heavy metal poisoning, the results of which are not yet completed. Other projects include a dietitian, a bio-statistician, a chemist and a social scientist, all working to establish the full measure of the disaster on the tribe.
“The object was to look at all the ways people might have been exposed and affected,” Chief said. “What we found is that there are 40 different ways that tribal members used the river. So it’s much more nuanced and complex than, say, a hiker, or someone who is using it for recreational purposes. That river is everything to these communities.”
Back in Shiprock, as the EPA claim workshop began to wind down, the simple human impact of the contamination of the San Juan was apparent. Frank John, a rancher who lives in Beclabito, had questions for the lawyers in attendance. He had filed a claim with the EPA last fall, he said, but gotten no response.
Frank John, a Navajo rancher, seeks information from attorneys in filing his EPA claim. (Photo: Suzette Brewer)
“Their lack of response is their response,” came the reply. “If they did not respond, then they have denied your claim.”
The attorney hired by the tribe to assist the attendees encouraged John to refile his claim online. But like many residents in his community, John said he has no internet, does not own a computer, and does not know how to use one, which puts him at a grave disadvantage in the modern era of instant technology.
After the workshop, John told ICTMN that after the spill, he hauled more than 250 gallons of water a day to water his cattle and sheep, to which he is now barely hanging on. He is tired and cannot understand why the EPA has ignored his claim. And he is more than a little suspicious of the federal government and its response to this and other environmental crises on the Navajo Reservation.
“Our fathers worked at the uranium mine—and they’re suffering,” he said. “And we didn’t cause this problem, but we have to live with it. And it’s ruined the river that I used to swim at when I was little, and I don’t go down there anymore.”
He stopped and looked away, wiping tears from his eyes.
“This is my home, and I’m not moving. The river is the most important thing. It’s sacred. It is our life.”
by Deep Green Resistance News Service | Sep 18, 2016 | Colonialism & Conquest
Featured image: Members of the Paraguayan Ayoreo-Totobiegosode group on the day they were contacted for the first time, in 2004. © GAT/Survival
by Survival International
The Paraguayan government has failed to act to protect a group of uncontacted tribal people, despite having been ordered to do so in February of this year.
Six months ago the Inter-American Commission on Human Rights demanded that the government stop the deforestation of the Chaco, which suffers the highest rate of deforestation in the world, and protect the vulnerable uncontacted Ayoreo Indians who live there.
However, the government has failed to stop the continuing clearance of the area’s forest, raising concerns that the uncontacted Ayoreo Indians face annihilation.
Several major ranching corporations are clearing forest to raise cattle in the Chaco, which is losing an average of 14 million trees per month. Deforestation continues and bulldozers have recently been heard on Ayoreo land.
Local organizations GAT and OPIT have been trying to persuade the government to act on the Commission’s demands but the government has so far done very little.
One Ayoreo told Survival: “We don’t want to lose our land. It’s where our fathers and grandparents lived and where our relatives live now. We want our children and grandchildren to grow up in the land of our ancestors. We are claiming this land.’’
Much of the Ayoreo Totobiegosode land is being deforested, Paraguay.
© GAT/Survival
Companies destroying the Chaco include Carlos Casado S.A. (a subsidiary of Spanish construction company Grupo San José), River Plate S.A, and Yaguarete Porá S.A, a Brazilian beef company. Yaguarete previously received Survival International’s “Greenwashing of the year” award for trying to brand an area it had heavily deforested as a “nature reserve.”
Evidence proves that tribal territories are the best barrier to deforestation and therefore the best way to protect the Chaco is to uphold the Ayoreo’s land rights. Uncontacted tribes are also the best guardians of their environment. Their knowledge is irreplaceable and has been developed over thousands of years.
In August 2016, the UN examined Paraguay’s performance on racial discrimination. Survival International submitted a report on Paraguay’s human rights violations against the Ayoreo, which was considered in the session.
Survival’s Director Stephen Corry said: “Unless Paraguay takes rapid action, the Ayoreo will become another statistic in the ongoing genocide of South America’s uncontacted peoples. The situation couldn’t be more serious: the Ayoreo face catastrophe unless their land and forest is protected from these rapacious foreign companies.”
Read more about the Ayoreo and their homeland here.
by Deep Green Resistance News Service | Sep 12, 2016 | Male Violence, Rape Culture
Quechua Bolivian woman unfairly sentenced to life in Argentina
Reina Maraz Bejarano was the last person in the courtroom to understand that she had just been sentenced to life imprisonment for allegedly murdering her husband.
Maraz is from an indigenous community in Bolivia. Like many women in rural Bolivian communities, she was raised speaking the local language, not Spanish. On the day she was sentenced by the Argentine justice system, Maraz’s interpreter was translating the judges’ words from Spanish into Quechua so that she could understand. Married at 17 years old, a mother shortly after and subject to a violent marriage, Maraz was 22 when she was arrested for the murder of her husband Limber Santos. She was 26 in November 2014, when her future was determined by three Argentine judges. At that point she had already been imprisoned for four years. Because she couldn’t fully understand Spanish, she spent nearly a year of that jail time without understanding that she was accused of being responsible for her husband’s death.
Maraz’s case is emblematic of the ways in which both the dominant culture and the judicial system abuse women, especially indigenous women. For Maraz, this means being a survivor of physical and psychological violence. Then came the double injustice of being blamed for that violence by the Argentine state. Now she is a victim of a judicial system gone wrong.
A Long Path of Migration and Violence
To tell the story of how Maraz was condemned to life in Argentina’s prisons that day in court in 2014, we have to rewind to 2009, the year Maraz came to Argentina with her husband Limber Santos and their two young boys.
There are more undocumented Bolivian immigrants in Argentina than in any of Bolivia’s major cities. Many migrate from rural areas like Santos’ community in Chuquisaca, Bolivia, and often whole families move. In Maraz’s case she had no choice: her husband threatened to take away their children if she did not accompany him to Argentina.
Maraz testified in court that when they lived together in Bolivia her husband used to get drunk and beat her. Once they were in Argentina, the abuse continued. His family was complicit in the physical violence and took away Maraz’s documents.
After some months in Argentina, the Santos-Maraz family eventually settled in cramped rooms at a brick kiln where they worked in the city of Florencia Varela, in greater Buenos Aires. In a 2013 interview conducted in jail, Maraz’s interpreter translated her words, “Her children never went to school because her husband didn’t want them to. Reina was unhappy, there was never enough money because of Limber’s drinking.”
Santos was going on drinking sessions in the Buenos Aires barrio of Liniers with a man who worked and lived in the kiln also, Tito Vilca Ortiz. Vilca was to play an important role in what happened next.
Reina Maraz – in blue – with her defense lawyer and interpreter in court November 2014. Credit – Agencia ANDAR.
Sexual Violence and ‘that night’
Maraz told in court how one night Limber Santos and Vilca went out drinking. Around 5am, Vilca came back to the kiln and into Maraz’s room, where she was sleeping with the children. He woke her and horrifyingly told her ‘your husband owes me a debt, and he gave me you.’ Then he raped her in front of her children.
The lead judge, Marcela Alejandra Vissio, described the incident as improbable in her verdict because Maraz did not make a police report. But not filing a police report for rape is not unusual for women, who face significant barriers in the legal system such as reliving trauma and being victim-blamed. Data on unreported rape is hard to find in Argentina, as in many countries, but it is likely to be far under-reported. On top of the usual barriers, Maraz has the additional barrier of not fully understanding or speaking Spanish.
The aftermath of Maraz’s rape included a vicious beating at her husband’s hands. It also sparked violent conflict between Vilca and Santos.
On the morning of her husband’s death, 14 November 2010, Maraz got up at 4am to help him prepare for a trip to visit his sister to pay her back a debt. Maraz explained in court that Vilca was also up that morning, drunk. Limber Santos and he started arguing through the window of the room, and then Santos went out. At that moment, Maraz heard the sound of a padlock locking her and the children into the room.
The person who removed the lock and came into the room shortly after was not Maraz’s husband, but Vilca. She asked him where her husband was, and Vilca said Limber Santos had left for his sister’s. Then he raped her again, again in the presence of her two children.
The Aftermath of Limber Santos’ death
Maraz had no idea that her husband was dead at that moment. When there was no sign of him, she went to stay at her father-in-law’s house with her sons. She testified that she was afraid to stay at the brick kiln because of Vilca’s presence. And she went to the police and reported her husband as missing – she was worried he had been robbed when he didn’t appear at his sister’s.
Limber Santos’ body was then found in a rubbish heap on the grounds of the brick kiln. Maraz and Tito Vilca were arrested and jailed as responsible. In jail, Maraz discovered she was pregnant. Her little girl was born in Unit 33 of Prison Los Hornos of Buenos Aires.
It took nearly a full year until Maraz was informed of the charges against her in her own language. The Argentine human rights advocacy organization La Comisión Provincial por la Memoria —‘The Provincial Commission for Memory’ — carried out one of its regular prison inspections in Prison Los Hornos and realized that Maraz was unable to communicate well in Spanish. They brought a Quechua speaker to visit her.
The Battle for an Interpreter
When Maraz faced trial in October 2014, she had Frida Rojas, a Quechua-speaking interpreter, at her side. Accessing this basic right for Maraz took over two years of advocacy and legal formalities, headed by the Commission for Memory.
The battle included a trip to the Supreme Court of Argentina, who ordered the criminal court to provide Maraz with an interpreter. Even so, the Argentine state made the Commission jump through many more hoops to get Maraz the interpreter she had a right to.
Dr. Mariana Katz is in charge of the Commission’s program for Indigenous and Migrant Peoples. Katz is a lawyer, and was an observer at Maraz’s trial. In a recent interview with Intercontinental Cry, Katz said, “In all of these delays and official proceedings, the person who suffers is Reina.”
She went on, “For the Commission, the legal basis [of Maraz’s conviction] is invalid, because from the very first moment [of her arrest] they should have provided her with an interpreter.”
Language Discrimination in Court
In another violation of rights, Maraz’s sister was forbidden by the judges from testifying in her native language, even though the Quechua interpreter was present in court that day.
“When they asked her questions it was clear she didn’t understand, because she was answering something different to the question she was asked,”Katz said. “On top of that, the judges were getting annoyed.”
To convict Maraz, the judges relied on testimony from her 5-year-old son who couldn’t speak Spanish fluidly. “When they brought the boy to declare, he had to be asked the questions several times, because he also has difficulties in Spanish,” explained Katz.
Maraz’s eldest son testified in a Gesell Dome, a one-way mirror system used by law enforcement. Three expert psychologists brought to testify by Maraz’s defense lawyer discredited the Gesell Dome testimony independently of each other. They said it was carried out as an interrogation using leading questions and not as it should be — a psychological test where the child is given time to express themselves through play. Despite all this, the judges did not take into account the three psychologists’ testimony.
The judges also ignored language subtleties that could have led to different interpretations of the boy’s testimony. It was also questionable whether to allow testimony from a 5-year-old who had been subject to traumatic experiences.
More Evidence Dismissed by Judges
Other important evidence was dismissed by the judges. Vilca was also arrested for Santos’ murder. While he was in jail, the Vice Consul of Bolivia to Argentina, Jorge Valentín Herbas Rodriguez, visited him. When Vilca began to tell him the story of what had happened the night of Limber Santos’ death, Herbas stopped him and told him to save it for court. Vilca died in jail before he got a chance to tell his story in court.
Herbas testified at Maraz’s trial. It was clear that Vilca was likely to have made a full confession had he lived. But the judges dismissed the word of the diplomat as “indirect testimony.”
On 11 November 2014, the three judges unanimously declared Maraz guilty of doubly aggravated homicide. The aggravating factors were premeditation and motive of robbery. The judges thought that Maraz and Vilca were lovers and planned to murder Limber Santos for the money he was carrying, which was barely $70US.
For this alleged crime, they condemned Maraz to a life spent in prison.
“They gave Reina the same sentence they give to perpetrators of the genocide [Argentina’s ‘Dirty War’],” Katz said.
Reina Maraz has been condemned to a life in prison. Her appeal is asking for her freedom. Credit -feelsgoodlost on flickr – CC BY-SA 2.0.
Reactions to the Sentence
The gross injustice of the Argentine judicial system did not go unnoticed. Feminist activists from several organizations protested outside the court (and have continued to protest). Adolfo Pérez Esquivel, Nobel prize winner and President of the Commission for Memory, wrote an article entitled The 3 Deadly Sins: Woman, Indigenous and Poor.
Maraz’s defense lodged an appeal in Argentina’s Court of Cassation (a certain type of appeal court that examines the interpretation of the law). The Commission together with feminist and human rights organizations have submitted a briefing to the judges (an Amicus Curiae). They stressed that Maraz did not have a fair trial. The vulnerabilities of a non-Spanish speaking migrant indigenous woman were not taken into account by Maraz’s judges, they said.
The demand is for Reina Maraz’s freedom. Failing that, advocates are calling for her sentence to be transmuted to the most lenient sentence for homicide in Argentina, eight years imprisonment, of which she would have already served six. There is no date set yet for the hearing of the appeal.
The Commission believes fully that Maraz is innocent. “We (the Commission) believe in Reina’s innocence, because for nearly 6 years, when she is asked about the facts, she always tells the same story with no cracks,” Katz said. “If it were invented, she would not be able to tell the same story without some level of error. This gives us the certainty that she is innocent.”
An emblematic case of indigenous discrimination
The lead judge Vissio repeatedly stated in her verdict that Maraz, Maraz’s sister Norma Bejarano, and Maraz’s eldest son were all fluent in Spanish. The court treated their need for interpretation of the Spanish language as no more than a defense tactic. The results of this attitude were rights violations; Maraz’s sister and son were never allowed to testify in Quechua.
By Argentine law, this was illegal, but the country’s courts still don’t have interpreters on file for more languages than English, French and Portuguese — notably, all colonial languages.
It’s a symptom of a deep-seated societal norm. “We have a problem in Argentina where people think that there are very few indigenous people, despite the history of indigenous struggle in the country,” Katz said. “There is a cultural conceptualization that indigenous people don’t exist.”
The judges’ actions and verdict speak to this attitude: migrants or indigenous peoples must speak the host country’s or the colonizer’s language; if they don’t, it’s their own fault. It is deeply unfair and deliberate: they are actions that make Indigenous Peoples invisible.
Reina Maraz, Survivor
Maraz was already a survivor of terrible violence; physical and psychological violence committed by her husband and his family, and sexual violence at the hands of Tito Vilca.
Now she is surviving violence at the hands of the Argentine state. Maraz is currently under house arrest, and suffering health problems. House arrest instead of jail was a small comfort achieved by activists, principally so that she can look after her young daughter. Her other two children are in Bolivia with her parents. She hasn’t seen them in a number of years; another type of punishment.
The hope now is that the judges who hear Maraz’s appeal are subject to enough pressure to drop the charges against her.
The Argentine state not only ignored Maraz’s proven status as a Quechua-speaking migrant and so prevented her from accessing a fair trial; they used her vulnerabilities as a weapon to condemn her. These are deeply misogynist and racist actions. Reina Maraz has already been unjustly imprisoned for six years. To free her now would be the bare minimum of justice.
All references come from the author’s original interview with Dr Mariana Katz; La Comisión Provincial por la Memoria’s full coverage of Reina Maraz’s situation and trial; and the verdict of Reina Maraz’s trial.
by Deep Green Resistance News Service | Sep 11, 2016 | Gender
by Meghan Murphy / Feminist Current
Planned Parenthood, as you may know, is the largest single provider of reproductive health services in the United States. The non-profit defines itself as “leading the reproductive health and rights movement,” and has supported millions and millions of women, over the past century, in accessing pregnancy tests, contraceptives, sex education, STD tests, abortions, and more. But do they know how women’s reproductive systems work?
Recent actions leave us guessing.
On September 2nd, Planned Parenthood tweeted, “Menstruators in New York started to #TweetTheReceipt celebrating the repealed tampon tax — but some are still charged.”
Many were left wondering what a “menstruator” was — previous to this, we’d all simply referred to each other as “women.” But it seems that Planned Parenthood’s social media intern is not the only one confused about the fact that literally only female bodies are capable of menstruating.
Marie Solis, a writer for Mic responded to the immediate push back from women, angered at having been reduced, essentially, to bleeders, by explaining, “Not everyone who menstruates is a woman! @PPact is using ‘menstruators’ to be inclusive.”
Inclusive of whom, you might ask? Solis responds, “‘Menstruators’ is meant to include trans men, for example, who may still menstruate.”
Conundrumy! How is it possible for a human being — trans or not — to menstruate if they do not, in fact, have ovaries and a uterus? Well, hold on to your hats, folks — the answer is: it’s not possible. Every single person who menstruates has a female body. Does this make you feel uncomfortable? Apparently it makes Planned Parenthood uncomfortable, which is odd, as they, of all people, should understand these basic facts about women’s bodies, as experts and educators on the very topic of women’s bodies.
Despite the fact that numerous women were kind enough to remind Planned Parenthood that it was ok to acknowledge that women’s bodies are real things that exist and are different from men’s bodies, the non-profit was back at it again the very next day, tweeting, “Purvi Patel has been released from prison, but people continue to be criminalized for their pregnancy outcomes.”
Who are these “people” who “continue to be criminalized for their pregnancy outcomes,” you might also ask. Has a man ever, in all of history, been criminalized for his pregnancy outcome? The answer, of course, is no. That has literally never happened. Purvi Patel was jailed because she has a female body, and that female body, once pregnant, miscarried. Apparently, punishing women based on the way their pregnancies end is ever-popular in the U.S., as well as in many other countries. This practice has put countless women’s lives in danger and contributes to our ongoing marginalization, but hey, no need to acknowledge this reality as a gendered one. Women’s rights are people’s rights, after all.
Oh wait, that’s not right.
You see, the reason patriarchy exists is because men decided they wanted control over women’s sexual and reproductive capacities. Not people’s sexual and reproductive capacities — women’s. Sexual subordination is a gendered phenomenon, no matter how you identify, and for an organization that exists to advocate on behalf of women — due to their female biology (you know, the thing that placed them, whether or not they chose it or like it, within an oppressed class of people) — to erase that is unconscionable.
A woman is an adult female human — it really is as simple as that. And understanding how that reality is at the root of our ongoing oppression under patriarchy is one thing that is not up for debate.
by Deep Green Resistance News Service | Sep 9, 2016 | Mining & Drilling
Featured image by Tony Webster / Flickr
by Steve Horn / Desmog
In the two months leading up to the U.S. Army Corps of Engineers’ decision to issue to the Dakota Access pipeline project an allotment of Nationwide 12 permits (NWP) — a de facto fast-track federal authorization of the project — an army of oil industry players submitted comments to the Corps to ensure that fast-track authority remains in place going forward.
This fast-track permitting process is used to bypass more rigorous environmental and public review for major pipeline infrastructure projects by treating them as smaller projects.
Oil and gas industry groups submitted comments in response to the Corps’ June 1 announcement in the Federal Register that it was “requesting comment on all aspects of these proposed nationwide permits” and that it wanted “comments on the proposed new and modified NWPs, as well as the NWP general conditions and definitions.” Based on the comments received, in addition to other factors, the Corps will make a decision in the coming months about the future of the use of the controversial NWP 12, which has become a key part of President Barack Obama’s climate and energy legacy.
Beyond Dakota Access, the Army Corps of Engineers (and by extension the Obama Administration) also used NWP 12 to approve key and massive sections of both Enbridge’s Flanagan South pipeline and TransCanada’s southern leg of theKeystone XL pipeline known as the Gulf Coast Pipeline. Comments submitted as a collective by environmental groups, such as the Sierra Club, National Wildlife Federation, several 350.org local chapters, the Center for Biological Diversity, WildEarth Guardians, Corporate Ethics International, and others, allege NWP 12 abuses by the Obama administration.
Image Credit: Regulations.gov
The groups say NWP was never intended to authorize massive pipeline infrastructure projects and that that kind of permitting authority should no longer exist. Instead, they argued in their August 1 comment, federal agencies should be required to issue Clean Water Act Section 404 permits and do a broader environmental review under the National Environmental Policy Act (NEPA).
“Simply put, the Congress did not intend the NWP program to be used to streamline major infrastructure projects like the Gulf Coast Pipeline, the Flanagan South Pipeline, and the Dakota Access Pipeline,” reads their comment. “For the reasons explained herein, we strongly oppose the reissuance of NWP 12 and its provisions that allow segmented approval of major pipelines without any project-specific environmental review or public review process.”
“Oil companies have been using this antiquated fast-track permit process that was not designed to properly address the issues of mega-projects such as the Dakota Access pipeline,” Dallas Goldtooth of the Indigenous Environmental Networkstated in the environmental groups’ press release at the closing of the NWP 12 comment period. “Meanwhile, tribal rights to consultation have been trampled and Big Oil is allowed to put our waters, air and land at immense risk. This cannot continue, it’s time for an overhaul.”
Industry groups, on the other hand, made their own arguments for the status quo.
Industry: Keep NWP 12 Alive, Presidential Campaign Ties
Many industry groups chimed in on the future of NWP 12. They included the American Petroleum Institute (API), Ohio Oil and Gas Association, West Virginia Oil and Natural Gas Association, Louisiana Mid-Continent Oil and Gas Association, the Baker Botts Texas Industry Project (a who’s who of petrochemical corporations such as Halliburton, ExxonMobil, Shell Oil, Chevron, Marathon Petroleum, Kinder Morgan, and BP, as of 2008), coal and natural gas utility company Southern Company, and others.
One of those other commenters was the Domestic Energy Producers Alliance (DEPA), a lobbying and advocacy consortiumspearheaded by Harold Hamm, founder and CEO of hydraulic fracturing (“fracking”) giant Continental Resources, as well asenergy aide to the Donald Trump presidential campaign and potential future U.S. Secretary of Energy.
Continental Resources, as reported by DeSmog, will send some of its oil through Dakota Access and previously signed a shipping contract for the Keystone XL pipeline.
“DEPA applauds the Corps for its efforts to reissue the NWPs as they are an important regulatory vehicle to authorize activities that have minimal individual and cumulative adverse environmental effects under the Clean Water Act, Section 404 Program,” wrote DEPA. “These permits are critical to DEPA’s members in their day to day operations.”
Another commenter was Berkshire Hathaway Energy, a “most of the above” energy sources utility company (including coal and natural gas) owned by Warren Buffett’s Berkshire Hathaway holding company. Buffett serves as a fundraiser for Hillary Clinton’s presidential campaign.
“Berkshire Hathaway Energy supports the Corps’ intention to issue NWPs,” wrote Berkshire Hathaway Energy. “The continued implementation of the NWPs is essential to the ongoing operation of Berkshire Hathaway Energy’s businesses — particularly in circumstances when timely service restoration is critical.”
Obama “Climate Test” Guidelines
On August 1, 2016, the day the commenting period closed for the future of NWP 12 and just days after the Army Corps issued a slew of NWP 12 determinations for Dakota Access, the Obama White House’s Council on Environmental Quality (CEQ) issued a 34-page guidance memorandum, which could have potential implications for the environmental review of projects like Dakota Access.
That memo, while non-binding, calls for climate change considerations when executive branch agencies weigh what to do about infrastructure projects under the auspices of NEPA.
“Climate change is a fundamental environmental issue, and its effects fall squarely within NEPA’s purview,” wrote CEQ. “Climate change is a particularly complex challenge given its global nature and the inherent interrelationships among its sources, causation, mechanisms of action, and impacts. Analyzing a proposed action’s GHG [greenhouse gas] emissions and the effects of climate change relevant to a proposed action — particularly how climate change may change an action’s environmental effects — can provide useful information to decision makers and the public.”
NWP 12 does not receive mention in the memo. Neither does Dakota Access, Keystone XL, nor Flanagan South.
The non-binding guidance, which some have pointed to as an example of the Obama White House applying the “climate test” to the permitting of energy infrastructure projects, has been met with mixed reaction by the fossil fuel industry and its legal counsel.
The Center for Liquefied Natural Gas, a pro-fracked gas exports group created by API, denounced the CEQ memo. So too did climate change denier U.S. Sen. James Inhofe (R-OK), as well as U.S. Rep. Cynthia Lummis (R-WY).
Industry attorneys, however, do not view the guidance with the same level of trepidation, at least not across the board. On one hand, the firms Holland & Knight and K&L Gates — both of which work with industry clients ranging from Chevron and ExxonMobil to Chesapeake Energy and Kinder Morgan — have pointed to the risk of litigation that could arise as a result of the NEPA guidance. On the other end of the spectrum, the firms Squire Patton Boggs and Greenberg Traurig LLP do not appear to be quite as alarmed.
Greenberg Traurig — whose clients include Duke Energy, BP, Arch Coal, and others — jovially pointed out in a memo thatCEQ‘s NEPA guidance does not take lifecycle supply chain greenhouse gas emissions into its accounting. The firm also points out that, with agency deference reigning supreme throughout the memo, “agencies should exercise judgment when considering whether to apply this guidance to the extent practicable to an on-going NEPA process.”
Francesca Ciliberti-Ayres, one of the Greenberg Traurig memo co-authors, formerly served as legal counsel for pipeline giant El Paso Corporation.
Similar to Greenberg Traurig, the firm Patton Boggs attempted to quell its clients’ fears in its own memo written in response to the CEQ guidance memo. Patton Boggs’ clients also have included a number of oil and gas energy companies and lobbying groups, such as API, ConocoPhillips, Halliburton, Marathon Oil, and others.
“The new guidance has the potential to add substantial time and expense to all environmental reviews for companies and other entities currently undergoing the NEPA process — and for future actions,” Patton Boggs’ attorneys wrote.
“However, it will likely take some time for agencies to acclimate their review processes to the new requirements. Interested persons and companies would help themselves both by developing internal off the shelf information to accommodate the new review requirements and by working with federal agencies to develop efficient methodologies to expedite consideration on this issue, minimize any additional review time and add clarity to the process.”
J. Gordon Arbuckle, a Patton Boggs memo co-author, has previously worked on permitting projects such as the massive Trans-Alaska Pipeline, the Alaska Natural Gas Pipeline, the Louisiana Offshore Oil Port, and others.
Using NWP 12 to permit major pipeline projects in a quiet and less transparent manner made its debut in the Obama White House. However, it remains unclear whether its use, or the somewhat contradictory NEPA guidelines from CEQ, will ultimately shape Obama’s climate legacy in the years to come.
by Deep Green Resistance News Service | Sep 5, 2016 | Colonialism & Conquest
Featured Image: Police clashes. Credit: Frenadeso
By Richard Arghiris / Intercontinental Cry
Panama’s national police left approximately 20 indigenous Ngäbe protesters injured last week in what one medic described as an “absurd and irresponsible act.”
The protesters, all residents of Gualaquita, mobilized against the Barro Blanco hydro dam after the project’s owner and operator, Honduran-based Generadora del Istmo (GENISA) began flooding the Tabasará River basin with blessings from the government.
It didn’t take long for Ngäbe communities within the basin to suffer the consequences. In the community of Kiad, local road connections were washed away by the flood waters leaving entire families geographically isolated. Houses were also submerged by the rising waters, along with significant archaeological sites in the region.
Submerged houses. Photo: Ricardo Miranda
All of the Tabasará communities affected by the flood waters were excluded from the talks that led to the agreement. They also didn’t endorse the new agreement in any way, shape, or form.
The Ngäbe community of Gualaquita is located outside of the affected area, but they too declined to endorse the agreement.
For the protesters, who are members of the Mama Tatda religion, the Tabasará River is a holy site that needs to be protected. The river is also home to ancient petroglyphs and unique Ngäbe cultural centers. To the protesters, their loss or destruction represents a violation of religious freedom.
The government wasted little time responding to the protesters.
According to a preliminary report by one of the country’s largest trade unions – the National Front for the Defense of Economic and Social Rights (Frenadeso) – around 2pm on Aug 24, 2016, some 500 police officers arrived to crush the opposition.
Police in Gualaquita. Credit: Frenadeso
Speaking to Frenadeso, Dr. Manuel Pardo, who attended to the injured in the aftermath of the assault, called the protesters “victims of police aggression,” stating, “There was a clear and flagrant violation of the fundamental human rights of the community of Gualaquita.”
Dr. Manuel Pardo assesses the injured. Credit: Frenadeso
Osvaldo Jordan, director of the Alliance for Conservation and Development (ACD), told IC that the police didn’t just target the protesters. “[They] stormed into the whole community, detaining people who were not even in the protest… It was an outright occupation of the community, war style.”
Injuries that appear to have been inflicted by rubber bullets. Credit: Frenadeso
“The weapons that were used for the confrontation were rubber bullets, birdshot and pepper gas,” said Dr. Pardo during his visit to the community on Aug 28, 2016.
“The police entered the community and practically every house was ‘fumigated’ with pepper gas… we are still coughing and itchy… In addition to rubber bullets, birdshot and pepper gas, the attacks involved physical blows and kicking… The result was 20 people injured…”
Police ammunition and equipment collected in Gualaquita. Credit: unknown
Police ammunition and equipment collected in Gualaquita. Credit: unknown
Police ammunition and equipment collected in Gualaquita. Credit: unknown
Dr. Pardo went on to explain that, three of the protesters were severely wounded during the crackdown. One person may have suffered a life-changing injury to his right eye. Another, who sustained serious head trauma, was detained by police for 48 hours before receiving medical treatment in a hospital.
Some of the injured community members reportedly refused to seek help from official institutions for fear of being arrested. Dr. Pardo described this as a “lamentable” violation of their basic human right to health care.
The Frenadeso report also alleges that the police burned a Mama Tatda flag and broke into several community stores. They apparently stole food, cell phones, chargers and hundreds of dollars in cash. They are also alleged to have threatened a storekeeper with firearms and made various death threats to different people.
Adolfo Miranda was allegedly shot in his right eye by a rubber bullet. Credit: Frenadeso
Some of the protesters hit back at the police with rocks and slingshots. Several officers were injured and subsequently transported by plane for treatment in private hospitals.
In the aftermath of the clash, images of the injured protesters were circulated on social media, but government ministers initially denied their veracity.
“They are using old photos of other incidents,” Alexis Bethancourt, Minister of Security, told La Estrella newspaper. “This police force guarantees human rights.”
Subsequent on-the-scene reporting from national journalists such as Lissette Centen helped to confirm that the images were in fact real.
This photograph of journalist Lissette Centen at the scene verifies that the images were real. Credit: Frenadeso
According to a BARRO BLANCO. INFORME DDHH 22-6-16 (HRNP), the repression in Gualaquita is only the latest act of violence the Varela government has committed against Panama’s Indigenous Peoples.
According to eye-witness testimonies collected by the HRNP, on May 23, 2016, in an orchestrated prelude to the filling of the Barro Blanco reservoir, riot police descended on a Ngäbe protest camp, demolished a Mama Tata church and decapitated the community’s livestock. They rounded up some 30 protesters and held them for 36 hours without due process. Young children were among the detainees and one woman was apparently stripped naked in front of her family.
Despite clear threats to their safety, the Tabasará communities are determined to keep fighting Barro Blanco. Mass mobilizations are planned in different parts of the country for Monday September 5, 2016.
Meanwhile, the Ngäbe community of Kiad is at a critical juncture. According to Osvaldo Jordan, the waters of the reservoir are nearing the houses. “The main square can still be saved,” he said. The government just has to stop the flooding of Ngäbe land.
