Luutkudziiwus to Launch Court Challenge to Prince Rupert Gas Pipeline

Luutkudziiwus to Launch Court Challenge to Prince Rupert Gas Pipeline

VANCOUVER – Luutkudziiwus, a Gitxsan Nation House Group, will file a legal challenge in regard to the BC regulatory permits awarded to the Prince Rupert Gas Transmission (PRGT) pipeline that would supply gas to the Petronas LNG plant on Lelu Island which threatens to decimate Skeena River wild salmon. Luutkudziiwus Hereditary Chiefs travelled down to Vancouver to make the announcement today, while government and industry are gathered at the 2015 LNG Conference in BC.

“We are taking the government to court over the lack of consultation, inadequate baseline information presented, a weak and subjective impact assessment, and the current cumulative effects from past development. People from all over northern BC are now outraged about the $40 billion Petronas LNG project. It is unbelievable that they claim they consulted with us,” says Luutkudziiwus spokesperson Richard Wright.

TransCanada’s proposed 900 km PRGT pipeline, contracted under Petronas, is slated to cross 34 km of Luutkudziiwus traditional Madii Lii territory on its way from massive fracking operations in Treaty 8 territory to the proposed Petronas-led (Pacific Northwest) LNG plant on Lelu Island in the Skeena estuary. Lelu Island is the tribal territory of the Gitwilgyoots of Lax Kw’alaams.

“Our Madii Lii territory is not to be played with by the province of BC in their LNG game. Clark’s LNG dream is a nightmare for us. While she tries to maintain a shiny picture of LNG in their conference this week, the reality is that First Nations are being bulldozed, and we have had enough,” says Hereditary Chief Luutkudziiwus (Charlie Wright).

Luutkudziiwus will ask BC Supreme Court to quash the Environmental Assessment Certificate and the BC Oil and Gas Commission permit to construct and operate the PRGT pipeline. These permits were not based on any substantive consultation, infringe upon Luutkudziiwus’ rights and title by allowing a pipeline which will cause adverse effects to fish and their habitats, wildlife and their habitats, terrestrial and aquatic resources, including cumulative effects, as well as to social, cultural, and economic values. In bringing their lawsuit, Luutkudziiwus is looking for consultation from BC government and will also ask the court to direct the Province of BC to consult with them before any permits are issued.

“The province has been stealing from our territory and culture for 150 years, and this needs to end. The proposed pipeline and LNG project is in deep conflict with core Luutkudziiwus interests and values,” said Hereditary Chief Xsim Wits’iin (Lester Moore).

“We want the BC government to respect our constitutionally protected Aboriginal rights with a true reconciliation process that honors healthy families and increases community health and education. Development within our traditional territories must have our Free, Prior and Informed Consent and stop tearing apart our communities” says Luutkudziiwus spokesperson Pansy Wright.

A delegation from Luutkudziiwus will be in Vancouver on Oct 14th, and will be available for interviews downtown or near the Vancouver Convention Centre on request.

– 30 –

For more information, photos, or to arrange interviews, please contact:

Richard Wright
Luutkudziiwus spokesperson
250.842.8974
richardwright_8@hotmail.com

Greg Horne
Media coordination
250 634 1021

Mary Macaulay
Legal Counsel
604 899 5227
mlmacauly@emlawyers.ca

Coal’s Dark Alliance Defames Lummi Nation

Coal’s Dark Alliance Defames Lummi Nation

NATIVE AMERICAN TREATY RIGHTS UNDER ATTACK
By Sandy Robson, Coal Stop

On her September 12, 2015 program, Whatcom Tea Party board member and host for the weekly “Saturday Morning Live” (SML) talk radio show on KGMI, Kris Halterman, interviewed Northwest Jobs Alliance (NWJA) President Brad Owens. Halterman’s program afforded Owens a platform to promote the same idea that NWJA previously purported in its August 20, 2015 letter to U.S. Army Corps of Engineers’ Jo-Ellen Darcy, Assistant Secretary of the Army (Civil Works). That idea advanced by NWJA in the letter, is that there is “an apparent motive behind the Lummi Nation’s opposition to the Gateway Pacific Terminal project (and completion of the EIS process) not connected with treaty rights.” [italicized emphasis theirs]

NWJA attached documents in its letter to the U.S. Army Corps of Engineers (“the Corps”), that its group maintains show an “apparent motive” in what NWJA’s letter claims is a “ploy to snatch non-tribal land.” The letter stated:

“By any standards of basic fairness, the U.S. Army Corps of Engineers should not allow itself to be manipulated into aiding what would amount to a devaluation and confiscation of privately-owned, non-tribal lands. Please publically [sic] disassociate yourself from this scheme, ensure that the normal EIS process is completed, and encourage the Lummi to engage in good faith discussions with the proponents of GPT to explore win-win possibilities.”

Signatures of John Huntley and Brad Owens on the Northwest Jobs Alliance, August 20, 2015 letter to the U.S. Army Corps of Engineers

Signatures of John Huntley and Brad Owens on the Northwest Jobs Alliance, August 20, 2015 letter to the U.S. Army Corps of Engineers

DISCREDITING TACTICS

NWJA’s August 20 letter to the Corps demonstrated an attempt to taint the Lummi Nation’s rightful assertion of its treaty rights relating to the proposed GPT project, and an attempt to influence the Corp’s decision on that subject. NWJA, in its advocacy efforts for SSA Marine/PIT and its GPT project, continues to interfere with the government-to-government relationship between the Lummi Nation and the U.S. federal government—a relationship in which it does not belong. There is a trust relationship and obligation of federal agencies, such as the Corps, to ensure the protection of the Lummi Nation’s treaty rights.

Northwest Jobs Alliance Director and GPT spokesperson Craig Cole speaking at the October 9, 2013 Whatcom Tea Party, GPT Forum

Northwest Jobs Alliance Director and GPT spokesperson Craig Cole speaking at the October 9, 2013 Whatcom Tea Party, GPT Forum

The signers of the letter are NWJA’s President Brad Owens and Chair John Huntley. The listed Director of the NWJA is Craig Cole, SSA Marine’s paid consultant for the Gateway Pacific Terminal (GPT) project. Cole was not a signer on the letter to the Corps. NWJA was created in May 2011 to advocate for the GPT project, and it was filed as a non-profit in October 2014.

According to its original mission statement, which had been displayed on its Facebook page, “The Alliance focuses their efforts on supporting the Gateway Pacific Terminal. . .” Gateway Pacific Terminal (GPT) is a 48 million metric ton per year coal export terminal proposed at Xwe’chi’eXen (Cherry Point) in Whatcom County, Washington, along the Salish Sea shoreline. The terminal applicant is Pacific International Terminals (PIT), a subsidiary created for the GPT project by SSA Marine, the world’s largest independent, privately-held marine terminal operator.

A NATION STANDS TALL TO PROTECT ITS TREATY RIGHTS

Steadfastly opposed and standing squarely in the path of SSA Marine/PIT’s plan for the coal export terminal, is the Lummi Nation, a self-governing nation which is the third largest tribe in Washington state. The Lummi, a Coast Salish people, are the original inhabitants of the state’s northernmost coast and southern British Columbia. GPT, if permitted and built, would be sited at Xwe’chi’eXen (Cherry Point), along the shoreline, which is part of the Lummi Nation’s traditional fishing area. Xwe’chi’eXen (Cherry Point) was an important village site for Lummi ancestors, and is considered culturally and historically significant to the Lummi people.

The Lummi Nation’s treaty rights are secured to them by the U.S. federal government in the Treaty of Point Elliott of 1855. Article 5 of the Treaty provides that, “The right of taking fish from usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory. . .”

Lummi Nation has devoted significant time and resources to analyzing, evaluating, and carefully deliberating the impacts associated with GPT. The Nation concluded that the adverse impacts to the exercise of its tribal treaty rights, along with the impacts to the natural resources and the continued impacts to significant Lummi cultural properties are unacceptable, and simply cannot be avoided, minimized, or mitigated.

That conclusion led to Lummi Indian Business Council (LIBC) Chairman Tim Ballew II sending a January 5, 2015 letter to U.S. Army Corps of Engineers Seattle District Commander, Colonel John G. Buck, asking the Corps to take action and immediately deny SSA Marine/PIT’s permit application for the proposed GPT project due to the project’s adverse impact to the Nation’s treaty rights. The Corps is still in the process of making a determination on that request.

MISINFORMING LISTENERS

KGMI’s SML radio show host, Kris Halterman testifying at July 7, 2015 Whatcom County Council meeting

KGMI’s SML radio show host, Kris Halterman testifying at July 7, 2015 Whatcom County Council meeting

SML host Kris Halterman told listeners during her September 12 show: “The, the Lummis have asked the Army Corps of Engineers to just say no, just say no, we don’t care what your study says, we want you just to say no.”

NWJA’s Brad Owens told SML listeners of that same show, “…you know, we absolutely and unequivocally respect the Lummi treaty rights and the Lummi people, and you know, the things that they, that they stand for. However, at this point in time without a study being done and completed relative to their concern of the impact on their fishing, we just don’t know. And you know, as I mentioned earlier, there’s 1.9 or an estimated 1.9 million acres of usual and accustomed fishing grounds, and that’s a lot! Certainly they don’t fish it all, but we need a scientific report that specifically pertains to the area in which the terminal is going to be constructed and how that might impact, if, if at all, their fishing.”

Halterman and Owens neglected to inform the SML audience that actually, a scientific report that pertains to the area in which the terminal is going to be constructed, and how that might impact Lummi fishing had already been conducted, and was released in November 2014. The Vessel Traffic and Risk Assessment Study (VTRAS) of the additional vessel traffic (487 vessel calls annually) that would be brought on by the newly proposed GPT was conducted for SSA Marine/PIT, by Glosten and Associates, with oversight by the state Department of Ecology. Gateway Pacific Terminal [SSA Marine/PIT] and the Lummi Nation also participated in the VTRAS. In the VTRAS, it states that the study is expected to be used by CH2M Hill, the third-party consultant, in preparation of the Environmental Impact Statement (EIS) for the proposed GPT project.

The VTRAS states: “The siting of the wharf and trestle at the proposed GPT and the potential anchorage use by bunkers will interfere with Lummi access to fishing sites. . .The analysis predicts that GPT would increase the Lummi fishing disruption by 76% in the Cherry Point area.” LIBC Chairman Ballew pointed to that significant scientific evidence of the adverse impacts to Lummi Nation’s fishing in the LIBC’s January 5, 2015 letter to the Corps:

Review of the impacts associated with this project, including, but not limited to, those analyzed in the Gateway Pacific Vessell [sic] Traffic and Risk Assessment Study lead to the inescapable conclusion that the proposed project will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas. The Lummi have harvested at this location since time immemorial and plan to continue into the future.

BROADCASTING RUMORS

Getting back to Halterman’s September 12 SML show that focused largely on the documents NWJA had received—these documents were attached to an NWJAAugust 12, 2015 letter to the Whatcom County Planning Commission. NWJA’s “Document Summary,” had the following insinuating header at the top: “Lummi Nation Regulatory and Treaty Rights Strategies for the Taking of Non-Tribal Private Property for the Purpose of Accomplishing a Reservation Annexation.”

NWJA also sent out an August 27, 2015 advertisement to its email subscribers announcing its August 12 letter to the Planning Commission. The inflammatory and unsubstantiated headline on the ad was: “Alliance Weighs in to Protect Cherry Point Jobs: Opposes Lummi Takeover of Heavy Industry Zone.” The advertisement linked to a set of the documents. There was no evidence provided by NWJA to support its headline claim of a supposed “takeover of heavy industry” by Lummi Nation.

The documents were also introduced, with little fanfare, earlier this year, in a June 13 blog post by Kris Halterman on her “Saturday Morning Live—Liberty Road” web site. The post stated that “Saturday Morning Live—Liberty Road” received the documents, although the person or entity which originally obtained the documents was not disclosed.

Comprising the bulk of the documents is a February 7, 2012 letter from the Center for Salish Communities Strategies (CSCS), a non-profit public interest group whose mission was “to promote innovative policy actions that bring the community together in a shared vision of a strong regional economy reflective of the beauty of our surrounding natural world. . .”  According to the Washington Secretary of State,CSCS was dissolved (“not active”) as of December 1, 2014, and its original filing date had been August 11, 2011. The website for CSCS, comes up as “server cannot be found.” However, neither of these facts are mentioned during Halterman’s September 12 SML show, and since she referred to the organization in the present tense, listeners were likely to see CSCS as still active, which was, and still is, not the case.

The CSCS letter presented the Lummi Nation with a possible vision of an alternative use of Cherry Point lands and tidelands specific to the proposed GPT site, and outlined some ideas on how to go about that. The potential strategies suggested by CSCS were, at the core, about protecting and preserving the Lummi Nation’s archaeological properties, its cultural heritage and natural resources with the guiding principle of protecting and enhancing the inherent rights and interests of the Nation pertaining to Xwe’chi’eXen (Cherry Point).

Excerpt from September 10, 2015 NWJA press release

Excerpt from September 10, 2015 NWJA press release

That context was omitted from a September 10, 2015 NWJA press release which featured another insinuating headline, “US Army Corps Asked to Avoid Involvement in Lummi Land Scheme,” sent to The Bellingham Herald. The press release was linked-to in the online Herald’s September 11 article.

Halterman referenced the September 11 Herald article during her September 12 SML program and said, “the Herald had an article, I don’t know if it was front page or not, because I just looked at the online version, stating that these were false and fabricated documents.” Her statement is inaccurate. What was actually reported in the story, was that in response to NWJA’s allegations that Lummi Nation plans to “take over” and “de-industrialize” the Cherry Point industrial area, LIBC Chairman Tim Ballew said, “They’re [NWJA] fabricating a false conspiracy.”

Additionally, the Herald story referenced a single-page document that is best described as a chart outlining a strategy, which NWJA sent to the newspaper with its press release. The article reported that Ballew reviewed the document and said it did not come from the tribe. Ballew told the Herald: “What they [NWJA] presented definitely has not been produced by the Nation.”

In comparing the single-page document presented by the NWJA and the samesingle-page document posted on Kris Halterman’s June 13 “SML—Liberty Road” web site, there is a noticeable difference. On the document posted on Halterman’s “SML—Liberty Road” web site, there are no identifying marks to denote the producer of the document, and the top of the page was blank. However, on the document presented by NWJA to the Corps and to the Whatcom County Planning Commission, there were words placed inside brackets written at the top of the page; a label of sorts, which read: [Lummi Nation Planning Document – August 2012].”

PAC AND RADIO SHOW USED TO TARGET LUMMI AND ITS TREATY RIGHTS

Those words at the top of the single-page document appear to have been added since the time that document was originally posted in June, on the SML website. Because that label is in brackets one would assume it was not on the original document. A phone call to NWJA Chair John Huntley to inquire about that was not returned.

Kris Halterman is listed as Committee Chair and Campaign Manager on the SAVEWhatcom Political Action Committee (PAC) registration form. She and Dick Donahue, who also hosts a KGMI talk radio show, “Wealth Wake Up,” started the SAVEWhatcom and the affiliated Whatcom First GPT interest-funded PACs in August and September 2013.

February 5, 2015 post from the SAVEWhatcom Facebook page

February 5, 2015 post from the SAVEWhatcom Facebook page

In February of this year, SAVEWhatcom, after the news of the Lummi Nation’s January 5 letter to the Corps requesting a GPT permit denial, placed a February 5 post on its Facebook page that appeared to be an attempt to drive public opinion against the Lummi Nation’s strong oppositional stance to GPT. That post was referenced in a February 20, 2015 article published on the “Coal Stop” blog; however that post is no longer displayed on SAVEWhatcom’s Facebook page. It should be noted that the SAVEWhatcom Facebook page name was changed to “Liberty Road” on June 17, 2015.

In that February 5 Facebook post, SAVEWhatcom made a defamatory statement saying that the Lummi Nation’s Silver Reef Casino’s “purpose” is to take people’s wages and social security checks. Statements like this create resentment, and/or can fuel the already present resentment from individuals and groups about Lummi Nation and its efforts to protect its treaty rights.

Besides using her SML talk show on KGMI radio as a promotional platform for the GPT project, SAVEWhatcom PAC Campaign Manager Halterman used her radio show to host anti-tribal treaty and tribal sovereignty guests such as Elaine Willman, a board member and former chair of the Citizens Equal Rights Alliance (CERA), and former Whatcom County Council member Marlene Dawson, who has worked tirelessly to undermine the Treaty of Point Elliott between local Indian tribes and the United States

Halterman and fellow KGMI radio host Dick Donahue promoted the April 6, 2013 “Citizens Equal Rights Alliance Educational Conference” on Federal Indian Policy, held by CERA and its sister organization, Citizens Equal Rights Foundation (CERF) on their radio programs. The conference was held at the Lakeway Inn, in Bellingham, Washington. Terri Hansen, an award-winning Native American journalist and correspondent for Indian Country Today Media Network, reported, “CERA and its sister, Citizens Equal Rights Foundation (CERF), are the foremost anti-sovereignty, anti-treaty organizations in the U.S. anti-Indian movement.” CERA has been called the “The Ku Klux Klan of Indian Country.”.

CERA board member Elaine Willman speaking at the September 26, 2015 CERA “Regional Education Conference” held at the Red Lion Hotel in Kalispell, MT

CERA board member Elaine Willman speaking at the September 26, 2015 CERA “Regional Education Conference” held at the Red Lion Hotel in Kalispell, MT

Charles Tanner, a longtime civil and human rights activist who has conducted research and public education on white supremacist and anti-Indian movements, authored an April 26, 2013 report on the CERA/CERF conference in Bellingham. Tanner reported that, “KGMI talk show hosts Kris Halterman and Dick Donahue both attended the conference. . .A broadcast of Halterman interviewing CERA leaders played as attendees trickled into the conference room.”

RALLYING RESENTMENT

The recent efforts by GPT advocate NWJA, are illustrative of an escalated pattern of rallying resentment of tribal treaty rights, specifically those of the Lummi Nation, and undermining the government-to-government relationship between their Nation and the U.S. government. A copy of NWJA’s August 20, 2015 letter to the Corps was attached to NWJA’s equally inflammatory September 10, 2015 press release in a set of documents linked-to in the previously mentioned September 11 Bellingham Herald article. The underlined (by NWJA) language in both the letter to the Corps and the press release call for a second look. Those excerpts, italicized in this blog’s format, are below.

From the September 10, 2015 NWJA Press Release:US Army Corps Asked to Avoid Involvement in Lummi Land Scheme” (headline)“The Northwest Jobs Alliance has asked the US Army Corps of Engineers and other government officials to disassociate themselves from a plan by the Lummi Nation to annex Cherry Point to its reservation.

From the August 20, 2015 NWJA letter to the Army Corps:While the Lummi people themselves and their treaty rights deserve great respect, this ploy to snatch non-tribal land is just plain wrong.

Lummi Nation has every right to avail itself of any legal avenue its people have to protect their treaty rights, tribal sovereignty, culture, and archaeological and natural resources. In spite of this, NWJA made allegations in the above excerpts that are unsubstantiated, using words that seek to paint Lummi motives for invoking their treaty rights as unscrupulous.

Section of “Our Painted Responsibilities,” a collaborative participatory mural created during the 6,000 mile, 2014 Totem Pole Journey by people from many different tribal nations

Section of “Our Painted Responsibilities,” a collaborative participatory mural created during the 6,000 mile, 2014 Totem Pole Journey by people from many different tribal nations

Kris Halterman acknowledged on her September 12, 2015 KGMI radio show that the documents and the allegations that accompanied them, presented by NWJA to these government agencies, were based only on a suspicion: “. . .in order for, for us to ever have a, a pathway to progress for any of the, the public needs here, we have to have open honest and truthful discussions. And when you find documents that, that, that lead you to suspect, not know one hundred percent, but suspect, that part of the reason they’re, they’re [the Lummi] trying to stop this project, would be for some other alternative, you know, purpose.”

It is hard to view such actions as anything but an anti-Indian campaign. Along with taking its maligning and unfounded accusations made against a Native American Nation to the public, Owens’ Huntley’s and Cole’s Northwest Jobs Alliance has brazenly asked the U.S. Army Corps of Engineers to take action that would serve to diminish or abrogate Lummi treaty rights.

***

This article was first published at Coal Stop.  Please see the Coal Stop Posts Page for a list of title links for all Coal Stop blog posts.  No one’s views expressed here represent that of any collective on Coal Stop.  We are all just saying what we, as individuals, think and believe after our research and consideration.  We offer references when appropriate and encourage our audience to check facts, research more, and contribute their own views.  

Corporate Developers Seize Indigenous Lands in Brazil and Hire Hit Men to Murder Residents

Corporate Developers Seize Indigenous Lands in Brazil and Hire Hit Men to Murder Residents

By Renata Bessi and Santiago Navarro F., Translated by Miriam Taylor / Truthout

In an effort to make way for new investment projects, the Brazilian government and transnational corporations have been taking over ancestral indigenous lands, triggering a rise in murders of indigenous people in Brazil.

According to the report, “Violence Against Indigenous People in Brazil,” recently published by the Indigenous Missionary Council (CIMI by its Portuguese initials), the number of indigenous people killed in the country grew 42 percent from 2013 to 2014; 138 cases were officially registered. The majority of the murders were carried out by hit men hired by those with economic interests in the territories.

The states of Mato Grosso del Sur, Amazonas and Bahía figure heavily in the statistics. An emblematic case was the brutal killing of the indigenous woman Marinalva Kaiowá, in November of 2014. She lived in recovered territories, land that for over 40 years has been claimed by the Guaraní people as the land of their ancestors. Marinalva was assassinated – stabbed 35 times – two weeks after attending a protest with other indigenous leaders at the Federal Supreme Court in the Federal District of Brasilia. The group was protesting a court ruling that annulled the demarcation process in the indigenous territory of the Guyraroká.

For four days and three nights, more than 1,500 indigenous individuals filled one of the gardens in front of the National Congress with colors, music and rituals. (Photo: Santiago Navarro F.)For four days and three nights, more than 1,500 indigenous individuals filled one of the gardens in front of the National Congress with colors, music and rituals. (Photo: Santiago Navarro F.)

In addition to this, there has been a steady flow of people forced to move to small territories after being displaced by economic development projects, as in the case of the state of Mato Grosso do Sul, where the majority of the population – over 40,000 people – live concentrated on small reservations. These are communities that are exposed to assassinations by hired hit men, lack education and basic necessities, and endure deplorable health conditions. Infant mortality rates in the community are high and rising: According to official statistics, last year 785 children between the ages of 0 and 5 died.

“We, the Guaraní, principally from Mato Grosso do Sul, have been the greatest victims of massacres and violence,” the Guaraní Kaiowá indigenous leader Araqueraju told Truthout. “They have killed many of our leaders, they have spilled much blood because we are fighting for the respect for and demarcation of what is left of our territories that the government does not want to recognize.”

Indigenous women leaders were also present for the taking of congress to denounce violations of human rights suffered by indigenous people. (Photo: Santiago Navarro F.)Indigenous women leaders were also present for the taking of congress to denounce violations of human rights suffered by indigenous people. (Photo: Santiago Navarro F.)

The rise in the rate of violence is related in large part to the development policies of the Brazilian government – policies that have been denounced by the Indigenous Missionary Council. Another report, titled “Projects that impact indigenous lands,” released by CIMI in 2014, revealed that at least 519 projects have impacted 437 ancestral territories, directly affecting 204 indigenous groups.

The energy sector has most deeply affected indigenous people; of the 519 documented projects, 267 are energy-related. In second place is infrastructure, with 196 projects. Mining is third, with 21 projects, and in fourth place, with 19 expansive projects, is agribusiness. Ecotourism comes next with 9 projects.

“In the Amazon region, the region of the Tapajos River, we are being fenced in,” João Tapajó – a member of the Arimun indigenous group – told Truthout. “The Teles waterway is being constructed and the BR163 highway widened. This is being done to transport the transnational corporations’ grain and minerals,” added Tapajó, who is part of one of the groups that make up the Indigenous Movement of the region Bajo Tapajós, in the state of Pará. “We live under constant threat from agribusinesses and lumber companies. There is a construction project to build five hydroelectric dams on the same river. To top it off, our region is suffering from a process of prospecting for the exploitation of minerals, by the companies Alcoa y Vale do Rio Doce.”

The military police were constantly present, protecting the headquarters of Brazil’s three branches of government from the indigenous protesters. (Photo: Santiago Navarro F.)The military police were constantly present, protecting the headquarters of Brazil’s three branches of government from the indigenous protesters. (Photo: Santiago Navarro F.)

Similarly, a report produced by the Federal Public Ministry, based on its own evaluations and carried out by anthropologists María Fernanda Paranhos and Deborah Stucchi, shows that the processes of social change generated by these projects principally affect those who live in rural contexts. This includes many groups living collectively who are relatively invisible in the sociopolitical context of Brazil.

“The evaluations provide evidence that the intense social changes, the possibility of the breaking up of productive circuits, the disappearance of small-scale agriculture, fishing, and forested areas, a reduction in jobs, and the impoverishment and degradation of material and immaterial conditions of life … have led to strong reactions and an avalanche of social conflict,” according to the ministry’s report.

Indigenous people of ethnic Pataxo struggle to return their lands. In October 2014, they closed the highway to pressure the government. (Photo: Santiago Navarro F.)Indigenous people of ethnic Pataxo struggle to return their lands. In October 2014, they closed the highway to pressure the government. (Photo: Santiago Navarro F.)

Hydroelectric Dams in the Brazilian Amazon

The government’s Ten-Year Plan for energy expansion – 2023, which projects for the period of 2014 to 2023 an expansion of over 28,000 megawatts of energy generation by way of hydroelectric dams, claims that none of the 30 hydroelectric dams projected for construction in this country during this period will have any direct effect on indigenous lands.

Data from the Institute of Socioeconomic Studies, through an initiative called Investments and Rights in the Amazon, tells a different story. According to research carried out by Ricardo Verdum, a PhD in social anthropology and member of the Center for the Study of Indigenous Populations at the Federal University in the state of Santa Catarina, of the 23 hydroelectric dams that will be built in the Amazon, at least 16 will have negative social and environmental effects on indigenous territories. They will destroy the environmental conditions that these indigenous groups depend on to live and maintain their way of life.

“The difference in results is due to the way the idea of ‘impact’ or ‘interference’ is defined conceptually and materially,” Verdum told Truthout. “According to current legislation, interference in indigenous lands occurs when a parcel of land is directly affected by the dam itself or the reservoir. The territorial and environmental criteria do not consider the human and social aspects of the interference, or influence of the project on the population.”

The atmosphere grew tense as Federal Police came in, although this was no surprise to the Pataxo. They have been long been rejected by cattle farmers, businessmen and people living in cities close to Monte Pascoal–one of the richest areas in terms of flora and fauna in the world. (Photo: Santiago Navarro F.)The atmosphere grew tense as Federal Police came in, although this was no surprise to the Pataxo. They have been long been rejected by cattle farmers, businessmen and people living in cities close to Monte Pascoal – one of the richest areas in terms of flora and fauna in the world. (Photo: Santiago Navarro F.)

A Militaristic Approach to the Economy

Brazil’s development model – a model adopted by most countries in Latin America within the old international division of labor – leads the country to specialize in the export of raw materials or basic products at a low cost in relation to the import of final products that return to Brazil at elevated prices. This is a logic that is based on the colonial model, according to Clovis Brighenti, a professor of history at the Federal University of Latin American Integration. “It is an entry into the globalized world by way of intense exploitation of the environment with few results,” Brighenti told Truthout. “What’s more, these results are in exchange for high investment costs, made with public resources and subsidized interest rates, concentrated in a tiny group of beneficiaries. It is a dried-up model but in its death throes, it causes irreversible damage to the environment and for the people that depend on these ecosystems.”

The design of this development model, according to Brighenti, is connected to the modern myth that an economy needs to grow rapidly and continuously to satisfy the material necessities of society. “However, behind this myth, is hidden the essence of the capitalist system: the need to guarantee a logic that is based on consumerism, and in this way, guarantee the accumulation and the benefit of the elites and the privileged sectors of society.”

In Brazil, the belief is that material happiness is connected to the search for new spaces for development expansion. “In other words, it is searching for constant advancement into ‘new’ territories, where there is still a natural environment to be explored and appropriated,” Brighenti said. “Thus, capital’s interests revolve around indigenous and traditional territories, as ideal spaces for the execution of these projects.”

He added that in Brazil there is a continuity of a militaristic mentality, due to the fact that the country was shaped by a military dictatorship from 1964 to 1985. During that time, the United States was involved through a program called Operation Brother Sam.

The objective was to remove peasants and indigenous people from their lands to concentrate territories in the hands of businesses that currently produce soy, sugar cane and eucalyptus. These companies include Monsanto, ADM, Cargill, Bunge, Louis Dreyfus Commodities, Coca-Cola, Nestlé and Ford. In this sense, current governments did not inherit just the military structure but also a business platform that dominates production and the raw materials market. “The principal similarity between the military government and what we are currently living is the development perspective, which means thinking about natural resources as infinite and readily available. In order to make a country grow economically, the amount of territory that is occupied for economic projects must increase,” Brighenti said.

Another similarity is the relationship that they establish with communities. “It could be said that there is no dialogue,” Brighenti said. “The government makes a decision and all that is left for the communities to do is to hand over their territories in the name of these initiatives. Trying to keep indigenous communities quiet is a recurring action in the sense that these populations are seen as barriers to the establishment of these projects … thus, the continuance of a militaristic mentality is explicit – proceed with development and stop the protests of those who are affected.”

An essential point that sets the period of the dictatorship apart from progressive governments is the source of financing for the projects. “Today the works are financed with public resources, through the National Economic and Social Development Bank, which is the principal funder of these megaprojects, while under the military dictatorship they were financed by the World Bank and the Inter-American Development Bank,” he said.

In 2013, the Brazilian government published an order that allowed the intervention of the Armed Forces in protests against development projects. That same year, the military police in southern Brazil killed an indigenous Terena man and wounded others in the fulfillment of an order to re-take the land that the Terena had reclaimed as part of their ancestral territories. This was disputed by Ricardo Bacha, a former congressman from the Brazilian Social Democratic Party, who said that the lands had belonged to his family since 1927.

Similarly, at the request of the ex-governor of Bahia, Jaques Wagner, who is the current defense minister of Brazil, President Dilma Rousseff signed in 2014 an authorization by the federal government to dispatch close to 500 military personnel to the Tupinambá territory, alleging that his objective was the “guarantee of law and order” and to “pacify” the region. To this very day, the Tupinambá region continues to be militarized.

Since 2010, indigenous people have intensified the re-taking of their lands in a process of self-demarcation. (Photo: Santiago Navarro F.)Since 2010, indigenous people have intensified the re-taking of their lands in a process of self-demarcation. (Photo: Santiago Navarro F.)

Institutional Violence Against Indigenous Communities

The assassinations are just the tip of the iceberg. Among the constitutional amendments that are being debated in Brazil’s Congress is PEC-215, which transfers the power to decide the demarcation of indigenous territories to the legislative branch, when it has historically been in the hands of the executive branch. The amendment would leave indigenous people in the hands of Congress and the Senate, which are primarily made up of the family members of large businessmen and the owners of huge extensions of land.

“These proposed constitutional amendments favor a group of 264 parliamentarians of Brazil’s Congress, who have received campaign financing from multinational corporations, such as Monsanto, Cargill, Bunge and Syngenta. PEC-215 favors the expansion of big agriculture, using the discourse of food production, but Brazil’s food is produced by small-scale producers,” Lindomar, of the Terena people, told Truthout.

The principal cause of the conflicts, according to the Indigenous Missionary Council, is the negation on the part of the Brazilian government to recognize and demarcate indigenous territories. In 2014, of the almost 600 indigenous territories currently claimed by different groups, only two were recognized (Xeta Herarekã, in the state of Paraná, and Xakriabá, in the state of Minas Gerais) and one was approved (Paquicamba, in the state of Pará). The current government of the Workers Party, led by Dilma Rousseff, is that which has demarcated the fewest indigenous lands since the end of the military dictatorship in Brazil.

In the state of Mato Grosso do Sul, the state with the highest rates of violence against indigenous people, communities live on the edges of highways, in precarious living conditions. The recognition of indigenous territories was outlined in an agreement that was signed in 2007 by the National Indigenous Foundation, a government agency, which later broke the agreement. Even if the demarcation had gone into effect, indigenous people would only occupy 2 percent of the state, in one of the regions of Brazil where the largest number of indigenous people reside.

Resisting the Old Development Model

According to Brighenti, since the start of the Luiz Inácio Lula da Silva (Lula) administration, indigenous people have expressed to the government that they wanted to share their knowledge and practices with the new administration. “But the government ignored them, and what’s worse, Lula declared that Brazil needed to overcome three great obstacles to development, including indigenous groups, environmental laws and the Federal Public Ministry,” he said. “Thus, since the beginning, he made it clear that for the indigenous movement and its allies, the government had chosen a different model and aligned himself with other sectors that are unfortunately at odds with indigenous groups, big agro-industry.”

Indigenous people realized that they needed to come together to avoid losing their rights. “Few social and union movements supported them. Each social movement defined its relationship with the government and indigenous people were many times criticized for their radicalness,” Brighenti added.

Indigenous lands in Brazil, as recognized by the federal government, are property of the government. Indigenous people can possess and use the land, with the exception of the subsoil and water resources. “It is necessary to advance in the sense of constructing autonomous communities, which does not mean independence, but the freedom to decide their own future,” Brighenti said.

Even with the demarcation of indigenous territories, there is no assurance against intervention in indigenous lands, since the law allows for the intervention of the federal government at any time because the lands are considered property of the government.

“All the government projects are threatening to us and the entire Amazon,” María Leus, an indigenous Munduruku woman, told Truthout. “We do not accept any negotiation with the government, because we cannot make negotiations regarding our mother and because we do not accept any of these projects that are going to affect us. We have always been here: These are the lands of our ancestors, and today we continuing fighting for the respect for our way of life, because governments have never respected how we live, and today they are devastating what is left of our lands in order to continue with their projects.”

Copyright, Truthout.org.  Reprinted with permission.

SANTIAGO NAVARRO F.

Santiago Navarro is an economist, a freelance journalist, photographer and contributor to theAmericas Program, Desinformémonos and  SubVersiones.

RENATA BESSI

Renata Bessi is a freelance journalist and contributor the Americas Program andDesinformémonos. She has published articles in Brazilian media: The Trecheiro newspaper magazine, Página 22, Repórter Brasil, Rede Brasil Atual, Brasil de Fato, Outras Palavras.

 

 

Lummi Nation Chairman Ballew to Senator Daines: ‘That Day is No More’

Editor’s Note: An original, unabridged version of this article is available at Coal Stop.  You can read more and sign up for updates on the proposed Gateway Pacific Terminal at their website.

By  / Intercontinental Cry

United States Senator Steve Daines (R-MT) is on a mission to do whatever it takes to get the Gateway Pacific Terminal (GPT), a 48 million metric-ton-per-year coal export terminal, permitted and built. The GPT project is proposed in Whatcom County, Washington, and would be sited at Xwe’chi’eXen (Cherry Point), along the shoreline, which is part of the Lummi Nation’s traditional fishing area. The company proposing GPT is Pacific International Terminals (PIT), a subsidiary created for the project by SSA Marine.

Tens of thousands of people who steadfastly oppose GPT are standing in the way of Senator Daines, SSA/PIT, and the coal companies like Cloud Peak Energy which have financial interests in seeing that GPT is built and operating. Also standing in the way is the Lummi Indian Tribe, a sovereign nation, standing tall in defense of its treaty rights.

On July 29, Senator Daines’ official website featured a press release about the senator and Congressman Ryan Zinke (R-MT), having led a group of sixteen senators and seventeen members of the House in sending two July 28, 2015 letters (one from the Senate and one from the House) to the U.S. Army Corps of Engineers. The letters urged U.S. Assistant Secretary of the Army Jo-Ellen Darcy, to complete the environmental review process for the proposed GPT project prior to the Corps making a determination whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, or too trivial to warrant legal review.’

An August 3, 2015 Lummi Nation press release announced that Lummi Indian Business Council (LIBC) Chairman Tim Ballew II sent an August 3 letter to Senator Daines, cc’d to the thirty-two legislators who signed onto those letters, and the Senate Committee on Indian Affairs. In his letter, Ballew reminded them of the U.S. government’s obligation to protect and preserve the Lummi Nation’s treaty fishing rights.

BACKGROUND LEADING UP TO DAINES’ RECENT ACTIONS

In determining whether Lummi Nation’s treaty-guaranteed rights of access to its U&A fishing grounds and stations, and harvest of fish, would be adversely impacted by GPT, the Corps will be applying a de minimis threshold standard. Any impacts considered to be greater than de minimis by the Corps would warrant the GPT permit denial requested by the Lummi Nation.

The fact that the Corps “owes the highest fiduciary duty to protect Indian contract rights as embodied by treaties” is entrenched in case law. That solemn duty and obligation owed to the Lummi Nation by the U.S. federal government is something the agency takes extremely seriously, and addresses separately from any Environmental Impact Statement (EIS) the Corps is tasked with on proposed projects.

Treaty fishing rights of the Lummi are secured to them by the U.S. federal government in the Treaty of Point Elliott of 1855. Article 5 of the Treaty provides that, “The right of taking fish from usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory. . .”

XWE’CHI’EXEN: WHAT IT MEANS TO THE LUMMI

 

Lummi Nation’s Sovereignty and Treaty Protection Office Director Jewell James provided some important insight on the significance of Xwe’chi’eXen (Cherry Point) to the Lummi, in the August 2013 issue of Whatcom Watch:

The Lummi have usual and accustomed fishing grounds scattered throughout the San Juan Islands and on the mainland of Whatcom County up to the Canadian border. Not only were our (fishing) village sites located throughout the territory, but the associated burial grounds are located at these sites, as well. Among the most important of these cultural landscapes is Xwe’chi’eXen (Cherry Point).

LIBC Chairman Tim Ballew sent a January 5, 2015 letter to the Army Corps of Engineers, asking the Corps to take action and immediately deny SSA/PIT’s permit application for the proposed GPT project. Ballew wrote:

Review of the impacts associated with this project, including, but not limited to, those analyzed in the Gateway Pacific Terminal Vessell [sic] Traffic and Risk Assessment Study lead to the inescapable conclusion that the proposed project will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas. The Lummi have harvested at this location since time immemorial and plan to continue into the future.

SENATOR ATTEMPTS TO BLOCK ARMY CORPS’ DECISION-MAKING PROCESS

It’s also not surprising that the legislators who signed onto the July 28 letters to the Army Corps, altogether, received over $400,000 in contributions in 2014, from the same GPT-related interests listed above.  It’s no surprise that Senator Daines is willing to be Montana coal industry’s point person on the proposed GPT project, because according to opensecrets.org, in 2014, Daines received over $50,000 in total campaign donations from the following contributors connected to the GPT project: Cloud Peak Energy, SSA Marine, FRS Capital Corp. (ultimate parent company of SSA Marine), Peabody Energy, BNSF, Boich Companies (part owner of Global Coal Sales Group, and the National Mining Association (an active advocate for the coal industry).

According to the August 3 Lummi Nation press release previously mentioned in this article, it turns out that the two July 28 letters sent to the Corps by the thirty-two legislators came after three failed attempts by Senator Daines to attach a specifically crafted amendment to various pieces of unrelated legislation. The amendments were designed to try to prohibit the Army Corps from making its determination regarding the Lummi Nation’s treaty fishing rights relating to GPT, before the final EIS would be completed for the project.

Excerpt of Senate Amendment (S.A.) 1809, proposed by Senator Daines on June 8, 2015

Excerpt of Senate Amendment (S.A.) 1809, proposed by Senator Daines on June 8, 2015

 

One of those amendments, Senate Amendment (S.A.) 1809, was proposed by Senator Daines on June 8. It was an amendment to Senator John McCain’s (R-AZ) Senate Amendment (SA 1463) attached to a piece of unrelated legislation, the National Defense Authorization Act (H.R. 1735) for fiscal year 2016.

Another example of Senator Daines’ attack on Lummi treaty rights was cited in LIBC Chairman Tim Ballew’s August 3 letter to the senator. His letter included a copy of the language that Daines apparently tried to insert as a proposed amendment to yet another piece of unrelated legislation (H.R. 22). The amendment text was the same language that was proposed in S.A. 1809.An excerpt from S.A. 1809 reads, “The Corps of Engineers shall not make any determination regarding usual and accustomed fishing places in connection with the Gateway Pacific Terminal project until after the Corps issues a final environmental impact statement. . .” S.A. 1809 never received debate as it was withdrawn, so it did not move forward to a vote.

Chairman Ballew admonished Senator Daines in the August 3 Lummi Nation press release:

Senator Daines has repeatedly sought to interfere in the Army Corps’ regulatory review process by seeking to attach legislative amendments to various bills moving through Congress. It’s unconscionable that, as a member of the Senate Indian Affairs Committee, he chooses to ignore treaty rights. He has repeatedly tried to diminish the rights of the Lummi Nation using “middle-of-the-night” stealth legislative tactics that have prevented stakeholders from weighing in.

BURYING AMENDMENTS IN UNRELATED LEGISLATION TO BURY TREATY RIGHTS

Amendments are often attached to unrelated bills, but riders that undermine treaties and sacred sites are particularly egregious. In December 2014, Senator McCain successfully buried an amendment he attached to the 1600-page 2015 National Defense Authorization Act (H.R. 4435). The must-pass NDAA legislation that Congress moves yearly was used as a vehicle by McCain to pass a morally suspect public lands exchange package involving land at Oak Flat, in Eastern Arizona.

Senator McCain’s “midnight” rider which disregards and diminishes treaty rights of the San Carlos Apache and other nearby tribes that he managed to sneak through in 2014, and the repeated legislative attempts by Senator Daines to trample Lummi treaty rights, illustrate the serious harm that can befall the Lummi Nation every single day that passes before the Army Corps makes its determination.

SSA Marine’s vice president Skip Sahlin, sent a May 12, 2015 letter to the Army Corps asking for an extension to respond to the Lummi Nation’s request to the Corps for an immediate denial of the GPT permit application because the terminal would interfere and impinge on the Nation’s treaty-protected fishing rights. In that letter, Sahlin claimed that allowing SSA/PIT the requested additional time “will not harm the Tribe or its treaty rights. . .”

The treaty rights of the Lummi Nation are under attack, and their Nation has had to expend untold efforts to defend those rights secured to them in 1855 by the United States. Every day that passes as the Army Corps is making its decision on the fate of the GPT permit, is another opportunity for coal-backed legislators such as Senator Daines to craft legislation aimed at weakening Lummi Nation’s treaty rights. Reasonable persons would conclude that despite Mr. Sahlin’s claim to the contrary, harm has been done to the Lummi Nation each day that has passed since February 2011, when SSA/PIT first submitted the application for its proposed GPT project to Whatcom County’s planning department.

Chairman Ballew made it clear in his letter to Senator Daines that the Lummi Nation will fight resolutely to defend and protect its treaty rights: “I can assure you, that if the Lummi Nation’s Treaty Fishing Rights are jeopardized by any efforts to allow the project to proceed, we will fight vigorously by all means necessary. In times past, our Nation and its leaders did not have the resources and were unable to stop prior efforts to construct commercial terminals in our region. That day is no more.”

From Intercontinental Cry

Barro Blanco Protesters Injured and Arrested During Crackdown in Panama

Barro Blanco Protesters Injured and Arrested During Crackdown in Panama

By  / Intercontinental Cry

Protests against the Barro Blanco hydro dam in western Panama turned violent last Saturday, July 25, when riot police, claiming to act in self-defense, unleashed pepper spray and batons on some 50 Ngäbe activists, women and children among them. At least three protesters were badly injured in the clash.

The crackdown occurred during a visit to the area by the Panamanian Vice President Isabel Saint Malo, who, under the pretext of dialogue, convened three Ngäbe leaders behind closed doors at the Centro Misionero (Mission Centre) in the town of Tolé. Despite a reasonable request to be included in the meeting, leaders from local community groups were excluded. Activists responded to Saint Malo’s move by blockading the Carretera Interamericana, the country’s principle highway.

Protesters, including women and children, recover after clashes with the police. (Photo: Oscar Sogandares)

Protesters, including women and children, recover after clashes with the police. (Photo: Oscar Sogandares)

According to the Ngäbe, at around 10:15 am, in scenes reminiscent of the Martinelli years, the police reacted violently to disperse the 50-strong protesters, destroying their equipment, trashing their camps, and burning their banners.

The police deny improper use of force.

Edilma Pinto, 17, suffered a fractured foot during the police crackdown. (Photo: Oscar Sogandares)

Edilma Pinto, 17, suffered a fractured foot during the police crackdown. (Photo: Oscar Sogandares)

 

Many fled the scene before 20 people were arrested (including several minors) and dispatched to the city of Santiago for processing.

While in the private meeting with Saint Malo, the Cacique of Muná, Chito Gallardo, and the Mayor of Muná, Rolando Carpintero, learned of the arrests and quickly intervened to have them returned. The injured were soon taken to the Casa Misionero for treatment and for the Vice President to bear witness.

According to one person at the scene, the vice president appeared coolly uninterested.

Some 20 Ngäbe protesters were detained by the police. (Photo: Oscar Sogandares)

Some 20 Ngäbe protesters were detained by the police. (Photo: Oscar Sogandares)

 

For several weeks, hundreds of police units have been stationed in and around Tolé, including numerous SENAFRONT troops, an elite militarized squad funded in part by the United States. SENAFRONT is normally charged with defending the jungle frontier with Colombia, making their presence of considerable significance.

Under the US Leahy Law on Human Rights, the US Department of State is prohibited from providing military assistance to foreign units who violate human rights with impunity.

Partly funded by the US State Department, elite SENAFRONT troops have been dispatched to the area. (Photo: Oscar Sogandares)

Partly funded by the US State Department, elite SENAFRONT troops have been dispatched to the area. (Photo: Oscar Sogandares)

 

The clashes on the Interamericana foreshadow greater unrest as Barro Blanco’s owner, Generadora del Istmo (GENISA) – a corporation owned by the controversial Kafie family, now mired in a high-level corruption scandal in Honduras – scrambles to complete the final 5-10% of the hydro dam’s construction.

The company has never sought the free, informed, and prior consent of the indigenous communities living on the banks of the Tabasará river, while the project’s funders, the Dutch and German investment banks FMO and DFE, admit to failing their own due diligence tests. Unfortunately, all funds have now been dispensed to GENISA and the banks themselves made a point of threatening the government when it suspended the project earlier this year.

The negative impacts of Barro Blanco have been identified by scores of technical teams, independent experts, international observers, and the United Nations. Those same impacts are nowhere to be found in GENISA’s Environmental Impact Assessment. Among them, the dam will displace several indigenous and campesino communities, including the community of Kiad, where a unique school and cultural centre is developing the written script of the Ngäbere language.

The ancient Ngabere language is taught at this school house in Kiad. (Photo: Richard Arghiris)

The ancient Ngabere language is taught at this school house in Kiad. (Photo: Richard Arghiris)

 

Additional impacts include the loss of farm plots and fish stocks — vital sources of sustenance for indigenous and campesino communities in the region – as well as the loss of several ancient petroglyphs, part of Panama’s national patrimony and a special significance to the Mama Tata religion, a Ngäbe revivalist movement that syncretises indigenous animism and Catholicism.

The Ngabere language is a great source of cultural pride. (Photo: Richard Arghiris)

The Ngabere language is a great source of cultural pride. (Photo: Richard Arghiris)

 

Among the most devout followers of Mama Tata are the M22 resistance movement, who successfully blockaded the entrance to the dam for 38 consecutive days – until just ten days ago. International news footage of the groups praying and dancing on the highway may have influenced the government’s decision to enforce a ‘soft’ take-over of the site entrance. In contrast to the force deployed outside Tolé, Ngäbe women lying in the path of machinery were carefully removed.

Construction of the dam has now resumed and M22 are continuing to pray day and night by the highway. They complain of psychological intimidation with the police shining high intensity lamps on their camp during the night and aggressively entering the temple they have built near the river banks.

Days before their eviction from the site entrance, M22 gather for prayers under police spotlights. (Photo: Oscar Sogandares)

Days before their eviction from the site entrance, M22 gather for prayers under police spotlights. (Photo: Oscar Sogandares)

 

For his part, Panamanian President Varela, who continues to talk condescendingly about giving the Ngäbe ‘the keys to the dam’ upon its completion, appears to have acquiesced to pressures from his own business community, tacitly enabling foreign corporations who respect neither the environment nor international law nor indigenous or human rights.

The Supreme Court has cheered him on by annulling a moratorium on hydro projects passed by the environment agency, ANAM, who were concerned with the stress being placed on Panama’s delicate but biologically rich watersheds. With the crackdown last week, the Panamanian government appears officially back to business as usual.

From Intercontinental Cry: https://intercontinentalcry.org/barro-blanco-protesters-injured-and-arrested-28467/#imageclose-28472