Time is Short: Ferguson, Missouri: Seeing Clearly

By Will Falk / Deep Green Resistance San Diego

We need to be clear about what is going on in Ferguson, Missouri.

Let’s pretend, just for a moment, that your people were stolen from their ancestral homes and stacked like lumber in the hulls of filthy ships to be sold half a world away. Millions of your people drowned in their own piss, shit, and vomit on these ships, were murdered when they resisted those stealing them, or threw themselves to the sharks when finally seeing the light of day on the ships’ decks. Your people’s reward for surviving the nightmare of the slaving ships was the nightmare of being sold into slavery.

Let’s pretend, just for a moment, that as slaves your peoples were subjected to psychological, spiritual, and physical tortures to ensure their complicity in the slave system. When a slave refused to comply he or she was whipped, starved, placed in collars, or even killed. If a slave escaped, the nation’s first police forces were established to hunt the slave down and return the slave to the nightmare. If your people organized into true resistance, taking up arms to defend themselves from the horrors of slavery, the nation’s first police forces – comprised of white men – arrived to brutally put down the resistance executing every slave involved.

Let’s pretend, just for a moment, that the justification for your enslavement was something as arbitrary as your skin color. Europeans with white skin spend centuries telling your people, Africans with black skin, that you are less than human. After over three centuries of slavery, some white people decide that your people should no longer be enslaved. Another group of white people deny your people’s right to freedom and the nation’s bloodiest war is fought over your freedom. 620,000 soldiers die to decide your fate.

Let’s pretend, just for a moment, that white people are angry about the war fought on your people’s behalf, are angry about your newfound freedoms, are just plain angry and looking to take it out on someone. For the next hundred years, your people are routinely lynched, shot, beaten, and raped for perceived slights to these white people. A system develops, called Jim Crow, where white people decide that just because slavery is ended it does not mean white people have to share space with your people.

Let’s pretend, just for a moment, that your people produce leaders that undermine the Jim Crow system. Some preach a peaceful approach to empowering your people. Those leaders are assassinated. Some preach an approach that includes every available tactic. Those leaders are assassinated, too.

What if we didn’t have to pretend? What if this was your reality? What if, when you looked into your ancestral past, you were met with pictures of the crisscrossing puffy scars of flogged backs? What if, when you thought of the way your people arrived on this continent, you could only think of those slave logs that demonstrated the way to maximize “cargo space” by the most effective means of stacking human bodies? What if, when you noticed the lightness in your skin color, you could not help but wonder if one of your ancestors was raped by a white man?

What if we didn’t have to pretend?

We all know the truth. We do not have to pretend. A black man is killed every 28 hours by police or vigilantes in this country. [1] There are more black men in prison right now than there were enslaved in 1850. [2] The life expectancy for African-Americans is four years shorter than white Americans.

Now, what if another young black man in your community was killed by a white cop? What if you wanted to know the name of the cop who shot him? What if they wouldn’t tell you? What if you were so heart-broken, so angry, that you demanded justice and the cops responded by pointing machine guns at you? What would you do?

***

Make no mistake, police forces exist as the domestic arm of occupying colonial governments. Stanley Diamond, the brilliant anthropologist, wrote, “Civilization originates in conquest abroad and repression at home.” This analysis helps us to understand that police forces do not exist to protect oppressed classes. It should be obvious as we see the white men pointing machine guns at black demonstrators in Ferguson that police forces exist to ensure the oppression of oppressed classes.

In order to understand what is going on in Ferguson, we must get to the roots of the problem. The problem is civilization. I define civilization as groups of humans living in concentrations large enough to require the importation of so-called natural resources for survival. When groups of humans require the importation of resources for survival, they will do whatever it takes to acquire those resources. Eventually, as Diamond’s quote illustrates, civilized groups will develop armies of conquest to ensure access to the resources required. Civilized groups will also develop domestic armies – police forces – to ensure that domestic labor follows the will of those in power.

This was true for the earliest examples of civilization like the ancient Sumerians who developed a system of slavery for ensuring labor for necessary irrigation and the ancient Romans who simply could not maintain control over the flow of resources they required for their empire before it collapsed. This is true for the United States today with conquering armies demonstrating power through violence in oil-rich countries to ensure access to fossil fuels and police forces terrorizing domestic citizens to ensure the established social order.

It is my view that other systems of domination that developed later are essentially expressions of civilization. European colonization of the rest of the world became necessary as resources in Europe dwindled. The current model of racism, prevalent in the United States today, was developed to ensure the labor force civilization depended on to avoid collapse. Racism, of course, must be eradicated to keep a black man from being murdered by the state’s domestic army every 28 hours, but racism is best understood in material terms. It follows, then, that the roots of racism exist in the material necessities of civilization. Undo civilization, and the civilized addiction to other’s resources – and the racism supporting the addiction – will collapse.

This is not to say, however, that bigotry and hate will not persist after the collapse of civilization. As civilization collapses, we will see intensified violence visited upon communities of color. This is why it is absolutely essential that members of privileged classes assert their solidarity with communities of color right now. The sooner we come to the support of targeted communities like Ferguson, the stronger those communities will be as they face the escalation of violence.

***

I woke up this morning to a plea from the American Civil Liberties Union to sign their petition titled “Our Communities Are Not Warzones.” The petition asks the Department of Defense, Homeland Security, and Justice to “stop funding the siege on communities of color.”

Whether we like it or not, our communities ARE war zones. How else do we account for a black man being killed by cops and vigilantes every 28 hours? How else do we account for more black men in prison than were enslaved in 1850? How else do we account for the fact that one in four American women will be raped in her lifetime? How else do we account for the fact that in America a solid percentage of rape perpetrators are cops? How else do we account for 100 – 200 species a day going extinct? How else do we account for carcinogens in every mother’s breast milk? How else do we account for the 250 trees – with lives as valuable to them as your life is valuable to you – cut down around the world a second?

Our communities ARE war zones. It is only through great privilege that we are allowed to think that they are not. I support every effort to undermine the power of the police, but we cannot downplay the severity of what is going on. This plays right back into the hands of our oppressors and entrenches the violence being delivered upon us by hiding it.

The ACLU wants to send a signed piece of paper asking those in power to stop providing weapons and equipment to police forces. There is only one way to make sure police forces stop getting these weapons and equipment, and that is to physically stop their access to these weapons.

I am not in Ferguson. I am not privy to conversations in the resistance community there. I cannot say what is best for oppressed peoples.
I support a wide-variety of tactics they may decide are necessary for justice in their communities. I refuse to participate in the current efforts to shout down the righteous anger or condemn angry actions by members of the oppressed African community in Ferguson. I am not arguing for specific tactics, but I do want to break open a space to discuss every tool in the toolbox. If peaceful civil disobedience is the way to go, great. If more militant actions are needed, I stand ready to support. This is a war, after all.

References

[1] http://mxgm.org/wp-content/uploads/2013/04/Operation-Ghetto-Storm.pdf

[2] http://www.huffingtonpost.com/2011/10/12/michelle-alexander-more-black-men-in-prison-slaves-1850_n_1007368.html

[3] http://www.webmd.com/heart-disease/news/20130718/us-blacks-still-lag-whites-in-life-expectancy-study

Time is Short: Reports, Reflections & Analysis on Underground Resistance is a bulletin dedicated to promoting and normalizing underground resistance, as well as dissecting and studying its forms and implementation, including essays and articles about underground resistance, surveys of current and historical resistance movements, militant theory and praxis, strategic analysis, and more. We welcome you to contact us with comments, questions, or other ideas at undergroundpromotion@deepgreenresistance.org

Launch of Website for Community-led Database for Missing and Murdered Indigenous Women

Launch of Website for Community-led Database for Missing and Murdered Indigenous Women

By No More Silence
As Indigenous peoples, working for justice for #MMIW is a process that starts within our own communities. The launch of this  website is one example of the resurgence of community documentation as justice.

In April of 2013, No More Silence, Families of Sisters in Spirit and the Native Youth Sexual Health Network began what has become a long term vision for a community-led database documenting the violent deaths and disappearances of Indigenous women. It is our collective hope that the lives of Indigenous Two Spirit, lesbian, gay, bisexual, transgender, transsexual, queer, questioning, intersex, and asexual (LGBTTQQIA) will also be recognized as gender based violence also impacts these communities and is often invisibilized.

The website is available for viewing at: www.ItStartsWithUs-MMIW.com

FSIS, community partner on this initiative indicated that they “support a grassroots led community database because Indigenous people are first and foremost the experts in gathering data and information about missing and murdered Indigenous women”. The launch of this website is an outcome from many community conversations with impacted families and individuals affected by colonial gender based violence.

1 year later and still no justice…The purpose of the database is to our honour women and provide family members with a way to document their loved ones passing. As the one year anniversary of Bella Laboucan-Mclean’s death approaches the family has provided the first of many tribute pieces on the website, available to read at: www.ItStartsWithUs-MMIW.com/bella

According to Melina Laboucan-Massimo, “Our family still does not have answers from the Toronto Police about Bella’s death which is still listed as suspicious. We appeal to anyone with information to come forward with answers. We urge the Toronto Police to investigate her death as if Bella were part of their own family and not just another police statistic. This new website and database gives families like ours the ability to not only document the lives of our loved ones but also commemorate and celebrate their lives and achievements.”

As the search for answers persists, we continue to urge the Toronto Police Service to maintain their focus on the details surrounding Bella’s death as the family and larger community follow this case closely. We are honoured to have Bella’s story be the first tribute that is shared on the website as a way of recognizing her life and spirit.

We also call attention to Sonya Cywink, murdered in London, ON who’s family and community are preparing a memorial on the 20th anniversary of her passing and are also holding out hope that one day they will uncover the mystery surrounding her murder.

Krysta Williams of the Native Youth Sexual Health Network and community partner, “We know there are many other stories, families and anniversaries, this is just the beginning. We continue to build capacity within our networks to respond and support.”

For more information and background on #ItStartsWithUs please read “Supporting the Resurgence of Community-Based Responses to Violence” at: http://www.nativeyouthsexualhealth.com/march142014.pdf

No More Silence Media Contact:
Audrey Huntley
Phone:647-981-2918 Email: audreyhuntley@gmail.com
Bella’s Family Media Contact:
Melina Laboucan-Massimo
Phone:780-504-5567 Email: miyowapan@gmail.com

Native Youth Sexual Health Network Media Contact:
Erin Konsmo, Media Arts Justice and Projects Coordinator
Email:ekonsmo@nativeyouthsexualhealth.com

From Warrior Publications: http://warriorpublications.wordpress.com/2014/07/16/database-website-for-missing-and-murdered-indigenous-women/

Aboriginal Title in Tsilhqot’in: A Radical Reading

By Will Falk / Deep Green Resistance San Diego

There’s a common joke I’ve heard many indigenous people tell. It goes like this: “What did indigenous peoples call this land before Europeans arrived? OURS.”

This joke – or truth – reflects many of the problems inhering to the Supreme Court of Canada’s recent ruling in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44. From my radical view, the Tsilhqot’in decision leaves much to worry about. In this article, I examine the decision written by Chief Justice Beverly McLachlin to show why the decision is not as helpful it would seem and I anticipate how the government and corporations will bend the decision to their goals.

For me, the term “radical” denotes going to the roots of the problem. First Nations are suffering under the yoke of colonialism. Colonialism is the problem. To undermine colonialism, we must understand the processes making colonialism possible. One of the most powerful institutions perpetuating colonialism is the Canadian government and the Canadian court system as a branch of the Canadian government. It is my view that – for now – we must read the Tsilhqot’in decision not so much as a victory, but as another step down the long road of insidious colonialism.

First, there’s the general and underlying defeat that comes with the fact that colonialism has been so dominant in Canada that First Nations must submit to decisions made by Canadian courts. My second problem with the decision involves facing that there can be no true ownership of land when a dominated people must ask the courts of their conquerors for validation of their right to their own homelands. Placing the burden on First Nations to prove their land claims is another act of arbitrary power that works against cultural survival. Finally, I am deeply anxious about how clearly the Court spells out just what kind of governmental projects would be the type that the Court would sign off on. These projects include mining, forestry, agriculture, and the “general economic development of the interior of British Columbia.”

What Appealing to the Legal System Means

When celebrating what we view as a “good” decision by an imperial court it is easy to forget that the goal is to dismantle the power that gives the court its authority. We must not begin to view the so-called justice system as something like a benevolent paternal figure to appeal to when big-bad corporations come to destroy the land.

We must never forget that there will never be true justice in the courts of the oppressors because the courts of the oppressors are designed to protect the oppressors. Private property laws are the perfect example of this. What happens if you’re starving, walk into Walmart, take a loaf of bread, and are caught? You will be charged with transgressing property laws, dragged into court, and punished by the court for your transgression. Walmart’s right to a loaf of bread trumps your right to eat.

What does it mean, for example, that the Tsilhqot’in had to ask the courts to give them a right to land that they have lived on for thousands of years? Can a people ever truly own their land if they have to ask an occupying court to recognize their claims to land? The court protected the Tsilhqot’in after twenty-five years of deliberation, but what happens to the next aboriginal group that appeals to the courts and loses?

How is Aboriginal Title Established?

First, the Court lays out the process for establishing Aboriginal title. The burden falls on the Aboriginal group claiming title to prove its title. This means that a First Nation existing on its land for thousands of years must pay lawyers and subject its people to the stress of a legal proceeding – in courts established by settlers with access to First Nations land through centuries of genocide – to prove that the land is, in fact, theirs.

Aboriginal title is based on an Aboriginal group’s occupation of a certain tract of land prior to assertion of European sovereignty. A group claiming Aboriginal title must prove three characteristics about their occupation of a certain tract of land. First, they must prove their occupation is sufficient. Second, they must prove their occupation was continuous. Third, they must prove exclusive historic occupation. (¶ 50)

Proving Sufficient Occupation

To prove sufficiency of occupation, an Aboriginal group must demonstrate that they occupied the land in question from both an Aboriginal perspective and a common law perspective.

The Aboriginal perspective “focuses on law, practices, customs, and traditions of the group” claiming title. In considering this perspective for the purpose of Aboriginal title, the court “must take into account the group’s size, manner of life, material resources, and technological abilities, and the character of the lands claimed.” (¶ 35)

The common law perspective comes from the European tradition of property law and requires Aboriginal groups to prove they possessed and controlled the lands in question. As the Court explains, “At common law, possession extends beyond sites that are physically occupied, like a house, to surrounding lands that are used and over which effective control is exercised.” (¶ 36)

Simply put, proving sufficiency of occupation requires that the group claiming Aboriginal title were involved with the land in question more deeply than just using it in passing.

Proving Continuity of Occupation

Proving a continuity of occupation “simply means that for evidence of present occupation to establish an inference of pre-sovereignty occupation, the present occupation must be rooted in pre-sovereignty times.” So, the group claiming Aboriginal title must provide evidence that they were on the land in question in pre-sovereignty times. (¶ 46)

Exclusivity of Occupation

The last of the three general requirements for establishing Aboriginal title burdens a group with proving they have had the intention and capacity to retain exclusive control over the lands in question. As with sufficiency of occupation, the exclusivity element requires that the court view the evidence from both the Aboriginal and common law perspectives. According to the Court, “Exclusivity can be established by proof that others were excluded from the land, or by proof that others were only allowed access to the land with the permission of the claimant group. The fact that permission was requested and granted or refused, or that treaties were made with other groups, may show intention and capacity to control the land.” (¶ 48)

What Rights Does Aboriginal Title Confer?

This is one of the most important issues addressed by the Court in Tsilhqot’in – for what it says and what it does not say. The important thing to know here is that Aboriginal title does not provide Aboriginal groups with complete control of their own land. It may be common sense to assume that once an Aboriginal group gains Aboriginal title to their ancestral lands they are free to use their land how they see fit free of government interference. This simply is not true. And the Court is very clear to explain that this is not true.

According to the Court, “Aboriginal title confers ownership rights similar to those associated with fee simple, including: the right to decide how the land will be used; the right of enjoyment and occupancy of the land; the right to possess the land; the right to the economic benefits of the land; and the right to pro-actively use and manage the land.” (¶73)

In the English common law, “fee simple” refers to the highest form of ownership of land. Traditional rights associated with “fee simple” are the ones mentioned in the quote above. As the Court explains, “Analogies to other forms of property ownership – for example, fee simple – may help us understand aspects of Aboriginal title. But they cannot dictate what it is and what it is not.” (¶72) The Court quotes Delgamuukw, “Aboriginal title is not equated with fee simple ownership; nor can it be described with reference to traditional property law concepts.”(¶72)

It is important to note, of course, that Aboriginal title does not actually give Aboriginal groups full ownership of their own land. Aboriginal title has some key restrictions.

The Court explains: Aboriginal title “is collective title held not only for the present generation but for all succeeding generations. This means it cannot be alienated except to the Crown or encumbered in ways that would prevent future generations of the group from using and enjoying it. Nor can the land be developed or misused in a way that would substantially deprive future generations of the benefit of the land. Some changes – even permanent changes – to the land may be possible. Whether a particular use is irreconcilable with the ability of succeeding generations from the land will be a matter to be determined when the issue arises.” (¶74)

So, once Aboriginal title is established, Aboriginal groups can only sell or give their land back to the Crown. On top of this, the Court creates open doors for future litigation with all the restrictions. Aboriginal groups will be subject to defending their decisions from accusations that they do not know how to manage their own lands for the benefit of future generations. Forcing Aboriginal groups to defend their actions in Canadian courts is a statement that the courts know how to manage Aboriginal lands better than Aboriginal peoples.

Finally, through Tsilhqot’in, Aboriginal title is subject to being over-ridden by governments and other groups on the basis of the broader public good – which often spells disaster for First Nations and natural communities.

Infringing on Aboriginal Title

Government and other groups may infringe on Aboriginal title – or use Aboriginal lands against the wishes of aboriginal peoples – on the basis of the broader public good if it “shows (1) that it discharged its duty to consult and accommodate, (2) that its actions were backed by a compelling and substantial objective, and (3) that the governmental action is consistent with the Crown’s fiduciary obligation to the group.” (¶ 77)

The Duty to Consult

The Court predicates the duty to consult on what it calls the “honour of the Crown” and says that the “reason d’etre” of the duty to consult is the “process of reconciling Aboriginal interests with the broader interests of society as a whole.” (¶77 and 82)

It sets up a sliding scale for adjudicating just how hard the government or other groups must try to consult Aboriginal groups. The duty to consult is strongest where Aboriginal title is proven and weaker where the title is unproven. The Court quotes the Haida decision, “In general, the level of consultation and accommodation required is proportionate to the strength of the claim and the seriousness of the adverse impact the contemplated governmental action would have on the claimed right. The required level of consultation and accommodation is greatest where title has been established.” (¶ 79)

Nowhere does the Court say that a government or other group must literally accommodate the wishes of Aboriginal groups. Yes, the government has a duty to consult. But, the government is not charged with an absolute duty to respect the wishes of an Aboriginal group with title to land the government wants. No never actually means no when the government is concerned.

Compelling and Substantial Objectives

The Court is very careful to articulate that there are compelling and substantial objectives that would justify infringement on Aboriginal title. Just like we saw with the duty to consult, the Court will view what objectives will justify infringement through a desire to reconcile Aboriginal interests with the broader interests of society as a whole.

On its surface, this sounds great, but then the Court quotes the Delgamuukw decision to illustrate just exactly what kinds of activities might qualify as a compelling and substantial objectives (when reading this list, keep in mind the kinds of projects we are fighting against right now): “The development of agriculture, forestry, mining, and hydroelectric power, the general economic development of the interior of British Columbia, protection of the environment or endangered species, the building infrastructure and the settlement of foreign populations to support those aims, are the kinds of objectives that are consistent with this purpose and, in principle, can justify the infringement of aboriginal title.” (¶ 83)

We have to recognize how dangerous this language is. Enbridge has long anticipated the language. You could pick any number of prominent quotes from Enbridge’s Northern Gateway website www.gatewayfacts.ca to see how Enbridge is already spinning rhetoric to match the Court’s Tsilhqot’in ruling.

Take this one, for example, under the heading, “A boost for our economy,” “Northern Gateway will bring significant and long-lasting fiscal and economic benefits. Economically, the project represents more than $300 billion in additional GDP over 30 years, to the benefit of Canadians from every province.”

Or this one under the heading “Building communities with well-paying jobs,” “The pipeline sector creates thousands of jobs across the country. In B.C. alone, Northern Gateway will help create 3,000 new construction jobs and 560 new long-term jobs. The $32 million per year earned in salaries will directly benefit the families and economies of these communities.”

This is exactly the type of governmental objective that the Court in Tsilhqot’in suggests is compelling and substantive enough to pass constitutional muster.

It is important to understand how easy it is to be misled by our desire for good news in the fight to defend the land and First Nations communities. While there are helpful aspects of the Tsilhqot’in ruling on Aboriginal title, the Court is a long way from giving First Nations total control over their own lands. It may be safer for land defenders to assume that nothing really has changed. Yes, Aboriginal title has been defined, but how meaningful is that title if governments and corporations can override title by pointing to the “general economic development of the interior of British Columbia”?

The Crown’s Fiduciary Duty

The final hurdle a government or other group must clear in infringing on Aboriginal title is proving that the proposed action is consistent with the Crown’s fiduciary duty to the Aboriginal group. This fiduciary duty supposedly requires the Crown to act solely in Aboriginal groups best interests. The problem, of course, is that it is the courts that decide what is in an Aboriginal groups best interest.

The Court explains that the Crown’s fiduciary duty impacts the infringement justification process in two ways. “First, the Crown’s fiduciary duty means that the government must act in a way that respects the fact that Aboriginal title is a group interest that inheres in present and future generations…This means that incursions on Aboriginal title cannot be justified if they would substantially deprive future generations of the benefit of the land.” (¶ 86)

The second way it impacts the infringement process is by imposing an obligation of proportionality into the justification process where the government’s proposed infringement must be rationally connected to the government’s stated goal, where the government’s proposed action must minimally impair Aboriginal title, and where the benefits the government expects to accrue from the proposed action are not outweighed by adverse effects on Aboriginal communities. (¶ 87)

Another glimpse at the Enbridge’s Northern Gateway website (http://www.gatewayfacts.ca/benefits/economic-benefits/) demonstrates how Enbridge anticipates the Court’s ruling. Under a heading titled “Aboriginal inclusion” the website reads, “First Nations and Metis communities were offered to become equity partners providing them a 10% stake in the project. With the $300 million in estimated employment and contracts, it adds up to $1 billion in total long-term benefits for Aboriginal communities.”

I do not think it is a stretch to expect that Canadian courts will rule that Aboriginal groups denying projects like the Northern Gateway are working contrary to their own best interests. But, this isn’t even really the point. The point is, for all the progressiveness we want the Tsilhqot’in decision to stand for, it still allows the courts to decide what the best interest of First Nations is and not First Nations themselves. The longer this system remains intact, the longer First Nations communities will be in danger.

Will Falk: What Does Solidarity Look Like?

Will Falk: What Does Solidarity Look Like?

Photo Credit: David Clow


 

By Will Falk / Deep Green Resistance

Each night Unist’ot’en Clan spokeswoman, Freda Huson, and her husband Wet’suwet’en hereditary chief Toghestiy fall asleep on their traditional land not knowing whether the Royal Canadian Mounted Police are going to storm their bridge in the depths of night.

Each winter, when Freda and Toghestiy ride their snowmobiles down forestry roads to bring in supplies, to hunt, or to check their traplines, they don’t know whether they will find piles of felled trees maliciously dragged across their paths.

Each time Freda and Toghestiy leave their territory for a few days they don’t know if they will return to find another attack in an old tradition of cowardly arson perpetrated by hostile settlers on Wet’suwet’en territories leaving smoking embers where their cabin once stood.

I ponder this as I sit in a workshop with other settlers during the 6-day Unist’ot’en Action Camp – a series of workshops hosted on the traditional territories of the Unist’ot’en Clan of the Wet’suwet’en Nation to promote strategic planning and co-ordination in the struggle against the spread of fossil fuel pipelines. This particular workshop is designed as a discussion to promote understanding about how settlers can work in better solidarity with indigenous peoples struggling to protect their homes and carrying out their responsibilities to the land.

Most of the ideas discussed revolve around decolonizing our hearts and minds to learn to see the role non-indigenous peoples are playing in the genocidal processes threatening the survival of indigenous peoples. Some of the ideas involve material support for indigenous peoples engaged in front line resistance like the Unist’ot’en. A few even suggest that settlers become physically present next to indigenous peoples on the front lines.

But, I am troubled. We have skipped something. What exactly do we mean by “solidarity?”

***

A common scene from my life as a public defender shows me – a white man in a suit and tie – sitting next to a shackled African, Chicana, or indigenous mother in a courtroom. In front of us sits a judge – an older white man in black robes. Across from us sits the prosecutor – another white man in a suit. Directly behind us, where he is felt more than seen, stands a big white man in the brown uniform of a sheriff’s deputy. He has a gun on one hip, a taser on the other, and the keys to my client’s shackles on a loop on his belt.

My client stares at the judge in a mix of horror and hatred as she is sentenced to prison for stealing from a supermarket to support her children or for lying to a police officer about her name because she had outstanding parking tickets and had to get the kids to school or for punching a cop when the latest in a long list of arbitrary stops by police officers finally caused something inside of her to snap.

As the judge announces how many days in jail my client will be spending, she reaches for my arm with tears in her eyes and asks, “Mr. Falk, won’t you do something?”

I cannot meet her gaze. I tell myself there’s nothing I can do. There’s no argument I can make to sway the judge. There’s no way to stop the sheriff’s deputy behind us from leading my client back down the long concrete tunnel connecting the courthouse and the city jail.

I try to comfort myself. What does she want me to do? Yell at the judge? Tackle the deputy? Spit on the prosecutor for his role in sending this mother to jail?

***

We gathered to sit on wooden benches arranged in a half-circle on a hot and sunny morning during the Unist’ot’en Action Camp to listen to two indigenous men speak about their experiences on the front lines of resistance. Each man had been shot at by police and soldiers, each man had served time in jail, and each man received utter respect from each individual listening.

The first man faced 7,7000 rounds fired by the RCMP at the Gustafsen Lake Stand-off in 1995 when a group of Original Peoples occupied a sacred site on a cattle ranch on unceded Canoe Creek First Nation land because the rancher tried to prevent their ceremonies. For his part at Gustafsen Lake, he was sentenced to five years in prison. During the Oka Crisis in 1990 when the town of Oka, Quebec sought to build a golf course over a Mohawk burial ground, the second man and his comrades blockaded several small British Columbian towns shutting down their local economies. He, too, was convicted and spent time in jail for his actions.

The second man said the blockades were carried out “in solidarity” with the resisters at Oka. This was the only time either of the men mentioned the word “solidarity.” They spoke of supporting resistance, praying for resistance, and helping with ceremonies. But, it was only when engaged in actions where co-resisters placed themselves in similarly dangerous situations that the term “solidarity” was used.

***

I got back from Unist’ot’en Camp earlier this afternoon and checked my email for the first time in days. My inbox was inundated by emails from various list serves proclaiming “Solidarity with Palestine!”

Meanwhile, in Gaza, occupying Israeli bulldozers are demolishing the homes of Palestinian families with suspected ties to Hamas while colonial Israeli bombs are indiscriminately falling on men, women, and children adding to the pile of dead numbered at well over 500 corpses and counting.

“That’s terrible, Will,” you may be thinking. “But what do you want me to do about it?”

Put yourself in Gaza right now. Dig a pit in your back yard, turn your ear anxiously to the sky, and keep the path to your back door clear, so that when you hear the hum of jets overhead you can sprint to your makeshift bomb shelter.

Look down the street for bull-dozers. When you spot one, grab the nearest bag in a panic, shove as much food into it as possible, scramble for some clean underwear, find your toothbrush, and sprint out the door without a look back for the nearest safe space.

Stand over the broken corpses of your children in the pile of dust and ashes that used to be their bedroom. Moan. Weep. Wail. When you wake up for the first time without crying, feel the anger burn through your chest and down your arms into your clinched fists. Ask yourself what you should do next.

Ask yourself: What does solidarity look like?

***

Maybe there really was nothing I could do to stop my clients from being hauled to jail in those courtrooms of my past. Unfortunately, I tried not to think about it too much. Placing myself in that vulnerable of a situation was too scary for me. If I argued too strongly, too fervently the judge could fine me. If I yelled at the prosecutor I could be held in contempt of court. If I spit on him, I certainly would be held in contempt of court. If I tried to stop the deputy, I would be tasered and taken to jail. I might even be shot during the scuffle and killed.

The truth is indigenous and other resisters are being dragged to jail, tasered, and even shot and killed every day on the front lines. And, they’ve been on the front lines for a very long time. I’ve realized that freedom from the vulnerabilities frontline resisters experience is a privilege and the maintenance of this privilege is leaving resisters isolated on front lines around the world.

It is time we understand exactly what solidarity looks like. Solidarity looks like the possibility of prison time. Solidarity looks like facing bullets and bombs. Solidarity looks like risking mental, spiritual, and physical health. Solidarity looks like placing our bodies on the front lines – strong shoulder to strong shoulder – next to our brothers and sisters who are already working so courageously to stop the destruction of the world.

Browse Will Falk’s Unis’tot’en Camp series at the Deep Green Resistance Blog

Deep Green Resistance In Support of Robert Jensen

Deep Green Resistance In Support of Robert Jensen

Deep Green Resistance condemns in the strongest possible terms the decision of Monkeywrench Books in Austin, Texas to cut ties with activist Robert Jensen. Robert has received a massive amount of criticism recently for his article “Some Basic Propositions About Sex, Gender and Patriarchy”, in which he makes public his support for women. That so many have been quick to turn on a seasoned activist for the crime of saying that females exist is not surprising; the women of DGR, like thousands of radical women throughout history, know all too well the threats, insults, denunciations, and other abuse that comes to those who question the genderist ideology and stand with women in the fight for liberation from male violence.

Deep Green Resistance would like to publicly thank Robert Jensen for his activism and offer our support in this trying time. In a world where so-called “radical” communities are blacklisting actually radical women at a breakneck pace – while pedophile rapists like Hakim Bey and misogynists like Bob Black are welcomed with open arms – Robert has been a uniquely positive exception to the Left’s legacy of woman-hating. His contributions to the discussion around radical opposition to pornography, prostitution, and other forms of violence are especially valuable. DGR would like to acknowledge Robert’s efforts as a model for male solidarity work and offer our full support. The men of DGR specifically would like to extend a thanks to Robert for his huge influence in many of their lives.

The Modern COINTELPRO and How To Fight It

The Modern COINTELPRO and How To Fight It

By Max Wilbert / Deep Green Resistance

Despite the seeming popularity of environmental and social justice work in the modern world, we’re not winning. We’re losing. In fact, we’re losing really badly. [1]

Why is that?

One reason is because few popular strategies pose real threats to power. That’s not an accident: the rules of social change have been clearly defined by those in power. Either you play by the rules — rules which don’t allow you to win — or you break free of the rules, and face the consequences.

Play By The Rules, or Raise the Stakes

We all know the rules: you’re allowed to vote for either one capitalist or the other, vote with your dollars,[2] write petitions (you really should sign this one), you can shop at local businesses, you can eat organic food (if you can afford it), and you can do all kinds of great things!

But if you step outside the box of acceptable activism, you’re asking for trouble. At best, you’ll face ridicule and scorn. But the real heat is reserved for movements that pose real threats. Whether broad-based people’s movements like Occupy or more focused revolutionary threats like the Black Panthers, threats to power break the most important rule they want us to follow: never fight back.

State Tactic #1: Overt Repression

Fighting back – indeed, any real resistance – is sacrilegious to those in power. Their response is often straightforward: a dozen cops slam you to the ground and cuff you; “less-lethal” weapons cover the advance of a line of riot police; the sharp report of SWAT team’s bullets.

This type of overt repression is brutally effective. When faced with jail, serious injury, or even death, most don’t have the courage and the strategy to go on. As we have seen, state violence can behead a movement.

That was the case with Fred Hampton, an up-and-coming Black Panther Party leader in Chicago, Illinois. A talented organizer, Hampton made significant gains for the Panthers in Chicago, working to end violence between rival (mostly black) gangs and building revolutionary alliances with groups like the Young Lords, Students for A Democratic Society, and the Brown Berets. He also contributed to community education work and to the Panther’s free breakfast program.

These activities could not be tolerated by those in power: they knew that a charismatic, strategic thinker like Hampton could be the nucleus of revolution. So, they decided to murder him. On December 4, 1969, an FBI snitch slipped Hampton a sedative. Chicago police and FBI agents entered his home, shot and killed the guard, Mark Clark, and entered Hampton’s room. The cops fired two shots directly into his head as he lay unconscious. He was 21 years old.

The Occupy Movement, at its height, posed a threat to power by making the realities of mass anti-capitalism and discontent visible, and by providing physical focal points for the dissent that spawns revolution. While Occupy had some issues (such as the difficulties of consensus decision-making and generally poor responses to abusive behavior inside camps), the movement was dynamic. It claimed physical space for the messy work of revolution to happen, and represented the locus of a true threat.

The response was predictable: the media assaulted relentlessly, businesses led efforts to change local laws and outlaw encampments, and riot police were called in as the knockout punch. It was a devastating flurry of blows, and the movement hasn’t yet recovered. (Although many of the lessons learned at Occupy may serve us well in the coming years).

State Tactic #2: Covert Repression

Violent repression is glaring. It gets covered in the news, and you can see it on the streets. But other times, repression isn’t so obvious. A recent leaked document from the private security and corporate intelligence firm Strategic Forecasting, Inc. (better known as STRATFOR) contained this illustrative statement:

Most authorities will tolerate a certain amount of activism because it is seen as a way to let off steam. They appease the protesters by letting them think that they are making a difference — as long as the protesters do not pose a threat. But as protest movements grow, authorities will act more aggressively to neutralize the organizers.

The key word is neutralize: it represents a more sophisticated strategy on behalf of power, a set of tactics more insidious than brute force.

Most of us have probably heard about COINTELPRO (shorthand for Counter-Intelligence Program), a covert FBI program officially underway between 1956 and 1971. COINTELPRO mainly targeted socialists and communists, black nationalists, Civil Rights groups, the American Indian Movement, and much of the left, from Quakers to Weathermen. The FBI used four main techniques to undermine, discredit, eliminate, and otherwise neutralize these threats:

  1. Force
  2. Harassment (subpoenas, false accusations, discriminatory enforcement of taxation, etc.)
  3. Infiltration
  4. Psychological warfare

How can we become resilient to these threats? Perhaps the first step is to understand them; to internalize the consequences of the tactics being used against us.

The JTRIG Leaks

On February 24 of this year, Glenn Greenwald released an article detailing a secret National Security Agency (NSA) unit called JTRIG (Joint Threat Research Intelligence Group). The article, which sheds new light on the tactics used to suppress social movements and threats to power, is worth quoting at length:

Among the core self-identified purposes of JTRIG are two tactics: (1) to inject all sorts of false material onto the internet in order to destroy the reputation of its targets; and (2) to use social sciences and other techniques to manipulate online discourse and activism to generate outcomes it considers desirable. To see how extremist these programs are, just consider the tactics they boast of using to achieve those ends: “false flag operations” (posting material to the internet and falsely attributing it to someone else), fake victim blog posts (pretending to be a victim of the individual whose reputation they want to destroy), and posting “negative information” on various forums.

It shouldn’t come as a total surprise that those in power use lies, manipulation, false information, fake identities, and “manipulation [of] online discourse” to further their ends. They always fight dirty; it’s what they do. They never fight fair, they can never allow truth to be shown, because to do so would expose their own weakness.

As shown by COINTELPRO, this type of operation is highly effective at neutralizing threats. Snitchjacketing and divisive movement tactics were used widely during the COINTELPRO era, and encouraged activists to break ties, create rivalries, and vie against one another. In many cases, it even led to violence: prominent, good hearted activists would be labeled “snitches” by agents, and would be isolated, shunned, and even killed.

As a friend put it,

“By encouraging horizontal, crowdsourced repression, activists’ focus is shifted safely away from those in power and towards each other.”

1

Are Activists Targeted?

Some organizations have ideas so revolutionary, so incendiary that they pose a threat all by themselves, simply by existing.

Deep Green Resistance is such a group. If these tactics are being used to neutralize activist groups, then Deep Green Resistance (DGR) seems a prime target. Proudly Luddite in character, DGR believes that the industrial way of life, the soil-destroying process known as agriculture, and the social system called civilization are literally killing the planet – at the rate of 200 species extinctions, 30 million trees, and 100 million tons of CO2 every day. With numbers like that, time is short.

With two key pieces of knowledge, the DGR strategy comes into focus. The first is that global industrial civilization will inevitably collapse under the weight of its own destructiveness. The second is that this collapse isn’t coming soon enough: life on Earth could very well be doomed by the time this collapse stops the accelerating destruction.

With these understandings, DGR advocates for a strategy to pro-actively dismantle industrial civilization. The strategy (which acknowledges that resisters will face fierce opposition from governments, corporations, and those who cling to modern life) calls for direct attacks on critical infrastructure – electric grids, fossil fuel networks, communications, etc. – with one goal: to shut down the global industrial economy. Permanently.

The strategy of direct attacks on infrastructure has been used in countless wars, uprisings, and conflicts because it is extremely effective. The same strategies are taught at military schools and training camps around the planet, and it is for this reason – an effective strategy – that DGR poses a real and serious threat to power. Of course, writing openly about such activities and then taking part in them would be stupid, which is why DGR is an “aboveground” organization. Our work is limited to building a culture of resistance (which is no easy feat: our work spans the range of activities from non-violent resistance to educational campaigns, community organizing, and building alternative systems) and spreading the strategies that we advocate in the hope that clandestine networks can pull off the dirty work in secret.

When I speak to veterans – hard-jawed ex-special forces guys – they say the strategy is good. It’s a real threat.

Threat Met With Backlash

That threat has not gone unanswered. In a somewhat unsurprising twist, given the information we’ve gone over already, DGR’s greatest challenges have not come from the government, at least not overtly. Instead, the biggest challenges have come from radical environmentalists and social justice activists: from those we would expect to be among our supporters and allies. The focal point of the controversy? Gender.

The conflict has a long history and deserves a few hours of discussion and reading, but here is the short version: DGR holds that female-only spaces should be reserved for females. This offends many who believe that male-born individuals (who later come to identify as female) should be allowed access to these spaces. It’s all part of a broader, ongoing disagreement between gender abolitionists (like DGR and others), who see gender as the cultural lattice of women’s oppression, and those who view gender as an identity that is beyond criticism.

(To learn more about the conflict, view Rachel Ivey’s presentation entitled The End of Gender.)

Due to this position, our organization has been blacklisted from speaking at various venues, our organizers have received threats of violence (often sexualized), and our participation in a number of struggles has been blocked – at the expense of the cause at hand.

A Case Study in JTRIG?

Much of the anti-DGR rhetoric has been extraordinary, not for passionate political disagreement, but for misinformation and what appears to be COINTELPRO-style divisiveness. Are we the victims of a JTRIG-style smear campaign?

On February 23 of this year, the Earth First! Newswire released an anonymous article attacking Deep Green Resistance. The main subject of the article was the ongoing debate over gender issues.

(Although perhaps debate is the wrong word in this case: Earth First! Newswire has published half a dozen vitriolic pieces attacking DGR. They seem to have an obsession. On the other hand, DGR has never used organizational resources or platforms to publish a negative comment about Earth First.)

Here are a few of the fabrications contained in the February 23 article:

  • “Keith and Jensen [DGR co-founders] do not recognize the validity of traditionally marginalized struggles [like] Black Power.” (a wild, false claim, given the long and public history of anti-racist work and solidarity by those two. [3])
  • DGR members have “outed” transgender people by posting naked photos of them. (Completely false not to mention obscene and offensive.[4])
  • DGR is “allied with” gay-to-straight conversion camps. (The lies get ever more absurd. DGR has countless lesbian and gay members, including founding members. Lesbian and gay members are involved at every level of decision making in DGR.)
  • DGR requires “genital checks” for new members. (I can’t believe we even have to address this – it’s a surreal accusation. It is, of course, a lie.)

If these claims weren’t so serious, they would be laughable. But lies like this are no laughing matter.

Here is one illustrative list of tactics from the JTRIG leaks:

2

“Crowdsourced Repression”

The timing of these events – the Earth First! Newswire article followed the very next day by Greenwald’s JTRIG article – is ironic. Of course, it made me think: are we the victims of a JTRIG-style character assassination? Or am I drawing conclusions where there are none to be drawn?

The campaigns against DGR do have many of the hallmarks of COINTELPRO-style repression. They are built on a foundation of political differences magnified into divisive hatred through paranoia and the spread of hearsay. In the 1960s and 70s, techniques that seem similar were used to create divisions within groups like the Black Panthers and the American Indian Movement.

Ultimately, these movements tore themselves apart in violence and suspicion; the powerful were laughing all the way to the bank. In many cases, we don’t even know if the FBI was involved; what is certain is that the FBI-style tactics – snitchjacketing, rumormongering, the sowing of division and hatred – were being adopted by paranoid activists.

In some ways, the truth doesn’t really matter. Whether these activists were working for the state or not, they served to destroy movements, alliances, and friendships that took decades or generations to build.

I’ll be clear: I don’t mean to claim that the “Letter Collective” (as the anonymous authors of the February 23 article named themselves) are agents of the state. To do so would be a violation of security culture. [5] Modern activists seem to have largely forgotten the lessons of COINTELPRO, and I am wary of forgetting those lessons myself. Snitchjacketing is a bad behavior, and we should have no tolerance for it unless there is substantive evidence.

But members of the “Letter Collective”, at the very least, have violated security culture by spreading rumors and unsubstantiated claims of serious misconduct. Good security culture practices preclude this behavior. In the face of JTRIG and the modern surveillance and repression state, careful validation of serious claims is the least that activists can do. Didn’t we learn this lesson in the 60s?

Divide and Conquer

By itself, verifying rumors before spreading them is a poor defense against the repression modern activists face. Instead, we must challenge divisiveness itself: one of the biggest threats to our success.

The 2011 STRATFOR leak included information about corporate strategies to neutralize activist and community movements. Essentially, STRATFOR advocates dividing movements into four character types: radicals, idealists, realists, and opportunists. These camps can then be dealt with summarily:

First, isolate the radicals. Second, “cultivate” the idealists and “educate” them into becoming realists. And finally, co-opt the realists into agreeing with industry. [6]

This is how movements are neutralized: those who should be allies are divided, infighting becomes rampant, and paranoia rules the roost. To combat these strategies, we must understand the danger they represent and how to counter them.

Fight Repression With Solidarity

We all want to win. We want to end capitalism, reverse ecological collapse, and build a culture in which social justice is fundamental. Many of us have different specific goals or strategies, but we must find similarities, overlaps, and areas where we can work together.

As Bob Ages, commenting on STRATFOR’s divide-and-conquer tactics, put it in a recent piece:

“Our response has to be the opposite; bridging divides, foster mutual understanding and solidarity, stand together come hell or high water.”

Many people across the left share 80% or more of their politics, and yet constructive criticism and mature discussion of disagreements is the exception, not the rule. We need more thoughtful behavior. Don’t spread rumors, don’t tear down other activists, and don’t forget who the real enemy is. Don’t waste your time fighting those who should be your allies – even if they are only partial allies. Let’s disagree, and let our disagreements help us learn more from each other and build alliances.

In the end, that’s our only chance of winning: together.

References

  1. For Example:
    U.S. Inequality is at its highest point since 1928.
    One in three women is beaten, raped, or otherwise abused in her lifetime.
    Obama has overseen more deportations — more than 2 million — than any president in history.
    Two hundred species are driven extinct every day.
  2. The Koch Brothers get 40,600,000,000 votes.
  3. The authors of the article come to this conclusion due to a statement by Lierre Keith that we should “abolish race” — apparently, they take this established and central theory of anti-racist organizing and theory to be instead a desire to erase culture – an absurd comparison.
  4. Any DGR member who did such a thing would be removed, as this would be a violation of the Code of Conduct.
  5. Security culture is a set of practices and attitudes designed to increase the safety of political communities. These guidelines are created based on recent and historic state repression, and help to reduce paranoia and increase effectiveness. Learn more about security culture on the DGR website.
  6. Opportunists, who are generally involved in organizing for prestige and power, don’t even merit mention in this neutralization strategy. They should be excluded from our political organizing out of hand.

Max Wilbert lives in the Pacific Northwest, where he works to support indigenous resistance to industrial extraction projects, anti-racist initiatives, and radical feminist struggles as part of Deep Green Resistance. He makes his living as a writer and photographer, and can be contacted at max@maxwilbert.org.

From Dissident Voice