by Deep Green Resistance News Service | Oct 18, 2016 | Indigenous Autonomy
by Emmy Keppler / Intercontinental Cry
On October 13, the 500 delegates of the National Indigenous Congress (CNI) reached complete consensus on the proposal presented by the Zapatista Army of National Liberation (EZLN) at the opening of the fifth Congress three days earlier: the CNI will collectively enter the 2018 Mexican presidential race with an indigenous woman candidate at its forefront.
The Fifth Congress is now in permanent assembly while the delegates return to their communities and hold consultations to decide to either approve or reject the proposal.
This decision represents a major shift in strategy of the Zapatista movement which in 2003, after nine years of betrayed negotiations with the Mexican government, cut off all communication with the political system. In the subsequent thirteen years they have not looked back, focusing instead on constructing autonomy in their own communities. The proposed presidential campaign will not, however, be a return to engagement with the political system, but rather a takeover and, if successful, dismantling of that system.
“We confirm that our fight is not for power, we do not seek it; rather we call all of the original peoples and civil society to organize to detain this destruction, to strengthen our resistances and rebellions, that is to say in the defense of the life of each person, family, collective, community, or neighborhood. To construct peace and justice, reconnecting ourselves from below,” stated the CNI and EZLN in a communiqué released at the closure of the assembly.
The Indigenous Council of Government will be made up of representatives from CNI communities from all states and regions of Mexico, with the individual candidate serving to “make their [collective] word material.”
THE FIGHT FOR RECOGNITION
The CNI was formed in 1996, nearly two years after the indigenous Zapatistas of Chiapas famously rose up in arms and declared war on the Mexican government. Earlier that same year, the EZLN and federal government signed the San Andrés Accords, which agreed to recognize indigenous autonomy in the constitution, increase indigenous political representation, and guarantee access to justice.
In October of that year, thousands of indigenous people from communities all over the country gathered in Mexico City for the first National Indigenous Congress, agreeing that their primary objective would be to defend the San Andrés Accords. It was at this first Congress that the late EZLN commander Ramona declared what soon became the slogan of the CNI: “NEVER AGAIN A MEXICO WITHOUT US.”
When the EZLN and government met to finalize the Accords one month later, a familiar pattern of denial began to re-emerge: The government refused to sign the Accords. Simultaneously, then president Ernesto Zedillo launched a bloody militarization campaign throughout Chiapas climaxing in the Acteal Massacre in which paramilitary troops massacred 45 members of Las Abejas, an indigenous Catholic pacifist organization.
The primary focus of both the EZLN and the CNI, then, became an effort to push the Mexican government to pass the Accords. In 2001, the third National Indigenous Congress was held in the Purépucha community of Nurío in Michoacán. Representatives from 40 of Mexico’s 57 Indigenous Peoples created a list of demands including constitutional recognition of indigenous rights and autonomy, and the recognition of indigenous systems of justice and ancestral territory.
That same year, Comandanta Esther addressed the Congress of the Union: “When indigenous rights and culture are constitutionally recognized in accord with the [San Andrés Accords], the law will begin joining its hour with the hour of the Indian peoples.”
The following month, Congress unanimously approved a constitutional reform concerning indigenous rights and culture that ignored all demands for autonomy and recognition, completely undermining the San Andrés Accords and cementing the betrayal of Indigenous Peoples by the entire Mexican political system.
It was after this ultimate betrayal that the Zapatistas and CNI decided to turn their backs on the Mexican political system which refused to include them. Instead, they decided to take matters in their own hands and implement the San Andrés Accords themselves in their communities and territories. What the government refused to give them, they would build.
For the next thirteen years, the Zapatista communities of Chiapas and indigenous communities throughout Mexico worked to construct their own autonomy from the ground up.
ACHIEVEMENTS AND LIMITATIONS OF AUTONOMY
In this Fifth National Indigenous Congress, which also celebrated the 20th anniversary of the CNI, delegates shared the immense achievements of autonomy in their communities:
They have rebuilt their traditional farming structures using organic fertilizers and native seeds.
They have reconstituted their traditional governments, replacing the corrupt government authorities with elder councils and community assemblies.
They have built their own community police and self defense forces, ousting organized crime and replacing the similarly corrupt official police who often work with narcotraffickers.
They have created community radio stations to broadcast the truth, drowning out the lies and silence of corporate media which, in Mexico, is monopolized by the media empire Televisa.
They have recuperated territory that was violently expropriated by the government and large landowners.
They have created their own bilingual indigenous schools where students learn about colonialism, capitalism, and the history of their people.
They have revived their traditional medicine and built clinics where before people had no healthcare, fighting dependence on western medicine.
However, they have also faced extreme repression, plunder of their territories, and human rights violations. There was not a single community that did not speak of their fight against what they call ‘death projects’— mining, fracking, hydroelectric dams, gas pipelines, airport construction, highway construction — operated by foreign corporations which do not consult their communities before destroying their land.
They are fighting against agroindustrial chemicals and pesticides contaminating their land and waters, the destruction of their forests, the invasion of genetically modified seeds, and the privatization and expropriation of their sacred water and collectively-held territory.
They are fighting supposedly ‘green’ development in the form of wind farms and conservation reserves that expropriate their territory and farmland, often for the production of monocrops like African Palm.
They are fighting against cultural death— the tourism industry that pillages their sacred sites and perverts their traditions as attractions for foreigners, and the disappearance of their languages and clothing.
And they are fighting against literal death—the murder, disappearance, kidnapping, rape, imprisonment, and psychological warfare that all indigenous communities in resistance face at the hands of the military, police, and organized crime.
The nation is also on the brink of total privatization of the public sector with the 11 structural adjustments passed by President Enrique Peña Nieto in 2013. Though the the CNI can prevent these reforms from entering their communities on a certain level, they can not, through autonomy alone, halt the devastating impacts of the privatization of public healthcare, education, communication, energy, and housing, among others.
In this Fifth Congress, the delegates recognized that walking the path of autonomy, though remarkably successful on a local level, has not allowed the Indigenous Peoples of Mexico to truly unite. Building coalitions on statewide and even regional or municipal levels has proved exceedingly difficult with most communities remaining relatively isolated. Though they all face the same repression by corporations and the government, each community fights the same enemy from its different corner of Mexico, thus allowing what the Zapatistas call ‘the capitalist hydra’ to divide and conquer. As one delegate from Jalisco said, “they’re continuing to screw us.”
THE PROPOSAL
The proposal of the EZLN for the CNI to run a collective presidential campaign is an effort to halt the hydra. At first, nearly all of the delegates were doubtful. They expressed their concerns about sacrificing their autonomy to embark on the electoral route. All, however, also expressed their deep trust in the EZLN as their guide in the struggle and their willingness to be convinced. Throughout the three-day assembly this is exactly what happened.
One of the fundamental principles of both the CNI and the EZLN is that they do not aspire to take state power, which they view as inherently corrupt and oppressive. The delegates spoke of their commitment to this principle and their concern of sacrificing it. Through their discussions, however, they clarified that they would not aim to take power, but rather dismantle this power from below and to the left, from the poor and marginalized indigenous communities fighting for their dignity, freedom, and autonomy.
Another fundamental principle is their opposition to all political parties, which they view as the same elite oppressor class dressed in different colors. They clarified that they would not create a new political party, but rather an Indigenous Council of Government which, Subcommander Galeano (formerly Marcos), urged us not to confuse with an Indigenous Government Council, meaning that they are not trying to indigenize the current government, but rather build a new indigenous government that governs according to the principles of the EZLN and CNI:
- Serve, don’t self-serve
- Represent, don’t supplant
- Construct, don’t destroy
- Propose, don’t impose
- Convince, don’t defeat
- Go below, not above
- Govern by obeying
The EZLN is demanding that we disrupt our basic notions of what a government is and what a government can do. In indigenous communities throughout the country as well as in Zapatista territory, the CNI has expelled government officials and revived their traditional systems of self-governance. The EZLN is asking us to envision this happening on a national level: a Mexico that is governed by a council of hundreds of indigenous people from all nations and tribes guided by the wisdom of their ancestors.
Central to the proposal is that the candidate who will represent the Indigenous Council of Government be an indigenous woman. Galeano, in his explanation, continually emphasized this point. He said that both mestizos (non-indigenous) and men have proved incapable of governance, and that this point was not up for debate. He also reminded us that this will not be a government run by any and all indigenous people, because there are of course indigenous landowners, paramilitary, and police, as well as indigenous communities that have been bought out by the government. It will be a CNI government, running not with a political platform, but rather a program of struggle that is explicitly anti-capitalist.
Galeano also emphasized that it must be the CNI that approves and constructs the campaign, not the EZLN. In 2006 the EZLN ran ‘the Other Campaign’ parallel to the presidential race to spread the word of autonomy and urge the people of Mexico to organize their communities outside of the electoral sphere. In his speech at the Fifth Congress, Galeano explained that in the Other Campaign, the EZLN led and the Indigenous Peoples of Mexico followed, and that it needed to be the other way around, with the Indigenous Peoples in resistance leading the nation.
The aim of the presidential campaign will be not only to win, but to fortify and unite the CNI and, as one delegate from Michoacán said, to “force the people of Mexico to turn and look at us”. In his opening speech, Subcommander Moisés repeated the urgency of uniting the people of the country and the city:
“Now is the time to remind the Ruler and his managers and overseers who it was who gave birth to this nation, who works the machines, who creates food from the earth, who constructs buildings, who paves the roads, who defends and reclaims the sciences and the arts, who imagines and struggles for a world so big that there is always a place to find food, shelter and hope.”
ANOTHER GOVERNMENT IS POSSIBLE
Some may question the possibility or efficiency of a collectively run indigenous government. The assembly itself refuted these doubts. Over 500 people from all different cultures and contexts discussed the proposal for three twelve-hour days without a single moment of disrespect. Instead of arguing based on ideology or political views, they truly listened to and, in the face of doubt, convinced one another. Most importantly, no delegate spoke from personal interest, but rather the collective interest of their community.
The consensus, then, that the proposal be brought back to their communities for consultation, was based on a true and complete agreement that the presidential campaign would benefit them all. Compared to the disrespect, corruption, corporate control, and political deadlock that we are used to in our current federal governments, the CNI was an example of the power of traditional governance.
This campaign will be unlike any other in the history of the world. In this moment of global political despair, particularly in the midst of the US presidential elections, the EZLN is once again challenging us to imagine outside of the defined realm of possibilities. After being denied a space in Mexico for over 500 years, they are deciding to construct a new Mexico and eventually, Galeano said, a new world.
In the words of the General Command of the EZLN:
Now is the hour of the National Indigenous Congress.
With its step, let the earth tremble at its core.
With its dreams, let cynicism and apathy be vanquished.
In its words, let those without voice be lifted up.
With its gaze, let darkness be illuminated.
In its ear, let the pain of those who think they are alone find a home.
In its heart, let desperation find comfort and hope.
In its challenge, let the world be seen anew.
by Deep Green Resistance News Service | Jun 4, 2016 | Lobbying
By Dan Bacher / Intercontinental Cry
On May 24, the Hoopa Valley Tribe from Northern California filed its objection to two bills proposed in the House of Representatives to implement the controversial San Luis Settlement Agreement, saying the agreement would “forever condemn the Tribe to poverty.”
The Tribe filed its complaint prior to a hearing on the two bills, H.R. 4366 (Rep. David Valadao) and H.R. 5217 (Rep. Jim Costa, D-CA), held by the U.S. House of Representative Natural Resources Committee Subcommittee on Water, Power and Oceans.
“Our Tribe is an indispensable party to this settlement,” said Chairman Ryan Jackson, in a press release. “We notified Congress and the Bush and Obama Administrations on numerous occasions over the past several years of our concerns. Though we have been mostly ignored, rest assured, this legislation will not advance in absence of protection of our interests.”
The invited witnesses were John Bezdek , Senior Advisor to the Deputy Secretary, U.S. Department of the Interior; Tom Birmingham, General Manager, Westlands Water District; Jerry Brown, General Manager, Contra Costa Water District; Steve Ellis, Vice-President, Taxpayers for Common Sense; and Dennis Falaschi, General Manager, Panoche Water District.
Notably, the Committee did not invite those most directly impacted by the deal. These include the leaders of the Hoopa Valley, Yurok, Karuk, Winnemem Wintu and other Tribes, commercial and recreational fishermen, family farmers and others whose livelihoods have been imperiled by decades of exports of Trinity, Sacramento and San Joaquin River water to corporate agribusiness interests irrigating drainage-impaired land on the west side of the San Joaquin Valley.
Jackson said the Settlement Agreement contains Central Valley Project (CVP) water supply assurances for 895,000 acre feet of water for the Westlands Water District that originate from the Trinity River, a watershed that the Tribe “has depended for its fishery, economy and culture since time immemorial.”
Michael Orcutt, Hoopa Tribal Fisheries Director, said, “It is a travesty that the pristine waters of the Trinity Alps that have nurtured our people have been diverted from their natural course, sent 400 miles from our homeland and converted into toxic industrial waste by agribusiness in the Central Valley.”
“What makes this worse is that the destruction of our water quality was aided and abetted by our Federal Trustee, the Department of the Interior,” said Self-Governance Coordinater Daniel Jordan.
Instead of ensuring that existing law is enforced for the Tribe’s benefit, the Tribe said the United States government has “focused its energy on escaping federal liability for the generations of mismanagement of the reclamation program.”
The Tribe said it has the first right of use of Trinity River water under the 1955 federal statute that authorized the Trinity River Division of the CVP, but the San Luis Unit settlement and legislation as proposed ignores this priority right held by the Tribe.
“The Secretary of the Interior and Attorney General are blatantly ignoring our rights and the Congressionally-mandated responsibility of the Bureau of Reclamation to furnish the water necessary for fish and wildlife and economic development in the Trinity River Basin,” stated Orcutt.
The Tribe’s testimony includes a proposal for settlement of the drainage issue that also provides for long overdue fair treatment of the Hoopa Valley Tribe. “If Congress approves our proposals, the Hupa people would finally get a long overdue measure of justice,” according to the Tribe.
“Our culture and economy have been devastated by the federal government’s mismanagement of the Central Valley Project and the San Luis Unit contractors’ ongoing assaults on our rights to Trinity River water,” said Jackson, “Now is the time to end the fighting and begin the long process of recovery.”
A coalition of fishing groups, conservation organizations, Delta farmers, Tribal leaders and environmental justice advocates is opposing the bills. Barbara Barrigan-Parrilla, Executive Director of Restore the Delta, said U.S. taxpayers, and Californians in particular, should be “alarmed” that H.R. 4366 and H.R. 5217 (Rep. Jim Costa, D-CA) are moving forward.
“The settlement agreement reached in September 2015 between the Obama Administration and these large industrial agricultural, special-interest water districts, will result in a $300 million taxpayer giveaway without addressing or solving the extreme water pollution these irrigation districts discharge into the San Joaquin River, and ultimately, the San Francisco Bay-Delta estuary. It is exactly these types of taxpayer giveaways to corporations that have incensed voters in both parties this election year,” said Barrigan-Parrilla in a statement.
The objections filed by the Hoopa Valley Tribe on May 24 come just a week after the Tribe filed a 60-day notice of intent to sue the Bureau of Reclamation (BOR) and NOAA Fisheries for violating the Endangered Species Act (ESA) by failing to adequately protect salmon on the Trinity and Klamath rivers.
“Failure by these federal agencies to reinitiate consultation on the flawed 2013 Klamath Project Biological Opinion (BiOp) will simply add to the millions of sick and dead juvenile salmon already lost due to the Klamath Irrigation Project. High infection prevalence of the deadly salmon parasite Ceratomyxa nova has been directly linked to the Project and its effect upon natural flows in the river,” according to a statement from the Tribe.
“The juvenile fish kills in 2014 and 2015, while not as noticeable to the naked eye as dead adults on the banks, are as devastating to Hupa people as the 2002 adult fish kill,” said Chairman Ryan Jackson.
Meanwhile, the Brown and Obama administrations are pushing a plan that threatens the San Francisco Bay-Delta and Klamath and Trinity rivers, the California Water Fix to build the Delta Tunnels. The plan would hasten the extinction of Central Valley steelhead, Sacramento River winter run Chinook salmon, Delta and longfin smelt and green sturgeon, as well as imperil the salmon and steelhead populations on the Trinity and Klamath rivers.
by Deep Green Resistance News Service | May 9, 2016 | Direct Action
New Law Shields People from Arrest for Protesting Project
By Community Environmental Legal Defense Fund
Grant Township, Indiana County, PA: Grant Township Supervisors passed a first-in-the-nation law that legalizes direct action to stop frack wastewater injection wells within the Township. Pennsylvania General Energy Company (PGE) has sued the Township to overturn a local democratically-enacted law that prohibits injection wells.
If a court does not uphold the people’s right to stop corporate activities threatening the well-being of the community, the ordinance codifies that, “any natural person may then enforce the rights and prohibitions of the charter through direct action.” Further, the ordinance states that any nonviolent direct action to enforce their Charter is protected, “prohibit[ing] any private or public actor from bringing criminal charges or filing any civil or other criminal action against those participating in nonviolent direct action.”
Grant Township Supervisor Stacy Long explained, “We’re tired of being told by corporations and our so-called environmental regulatory agencies that we can’t stop this injection well! This isn’t a game. We’re being threatened by a corporation with a history of permit violations, and that corporation wants to dump toxic frack wastewater into our Township.”
Long continued, “I live here, and I was also elected to protect the health and safety of this Township. I will do whatever it takes to provide our residents with the tools and protections they need to nonviolently resist aggressions like those being proposed by PGE.”
In 2013, residents in Grant Township learned that PGE was applying for permits that would legalize the injection well. Despite hearings, public comments, and permit appeals demonstrating the residents’ opposition to the project, the federal Environmental Protection Agency issued a permit to PGE.
Finding themselves with no other options, residents requested the help of the Community Environmental Legal Defense Fund (CELDF). Grant Township Supervisors, with broad community support, passed a CELDF-drafted Community Bill of Rights ordinance in June 2014. The ordinance established rights to clean air and water, the right to local community self-government, and the rights of nature. The proposed injection well is prohibited as a violation of those rights.
PGE promptly sued the Township, claiming that it had a “right” to inject within the Township.
The case is ongoing. Last year, in October 2015, the judge invalidated parts of the ordinance, stating that the Township lacked authority to ban injection wells. Three weeks later, in November 2015, residents voted in a new Home Rule Charter. The rights-based Charter reinstated the ban on injection wells by a 2-to-1 vote, overriding the judge’s decision.
CELDF assisted the community with the drafting of the Charter and is representing the Township in the ongoing litigation with PGE.
Grant Township Supervisor and Chairman Jon Perry summed up the situation by saying, “Sides need to be picked. Should a polluting corporation have the right to inject toxic waste, or should a community have the right to protect itself?”
Perry continued, “I was elected to serve this community, and to protect the rights in our Charter voted in by the people I represent. If we have to physically and nonviolently stop the trucks from coming in because the courts fail us, we will do so. And we invite others to stand with us.”
Those others are showing up. Tim DeChristopher, co-founder of the Climate Disobedience Center, stated, “I’m encouraged to see an entire community and its elected officials asserting their rights to defend their community from the assaults of the fossil fuel industry, and I know there are plenty of folks in the climate movement ready to stand with Grant Township.”
CELDF community organizer Chad Nicholson has been working with the community since 2014. He added, “In our country’s history, we celebrate people standing up to challenge unjust laws. The American Revolution, abolition, women’s suffrage, the labor and civil rights movements, marriage equality – all required people to take action resisting illegitimate laws. All required creating new and more just laws in their place. We applaud the people of Grant Township for taking action as their community is threatened, and asserting their rights. It is an honor to stand with them.”
If you are interested in supporting the efforts in Grant Township, please contact Stacy Long, lemonphone28@gmail.com or 724.840.7214.
by Deep Green Resistance News Service | Mar 29, 2016 | Biodiversity & Habitat Destruction, Indigenous Autonomy
Sámi representatives call for swift support from the international community
Featured image: Sámi and reindeer. Photo by Dutchbaby @flickr (some rights reserved).
An unprecedented land grab will threaten the last old growth forests of Finnish Lapland and the homeland of the indigenous Sámi Peoples if a new Forestry Act is approved by the Finnish Parliament this week. 130,000 people have already petitioned the parliament to stop the Forestry Act, which Sámi indigenous groups say would lead to the end of Sámi reindeer herding in its current form.
A State-driven land grab
This crisis arrives in a context in which the previous Finnish Government failed to ratify the UN Convention on the Rights of Indigenous Peoples, leaving the Sámi vulnerable. Now the current government in Finland is moving fast to completely wreck the existing rights of the only Indigenous Peoples living in the European Union. If the new Forestry Act is passed, Sámi areas in Upper Lapland, including large tracts of boreal old growth forests, will be opened up to a range of economic uses.
The new Act would affect 2.2 million hectares of water systems and 360,000 hectares of land, mostly in the Sub-Arctic and North Boreal areas of Finland, the Sámi’s Home Area. This area constitutes the last preserved wilderness of Europe. The Act would transfer power over this region further into the hands of state authorities, opening up the Sámi Home Area and sub-Arctic ecosystems to railway construction, and with that, potential expansion of mining, forestry and other infrastructure projects.
The new Forestry Act would no longer require Metsähallitus, the Finnish state-run enterprise which already controls 90% of the Sámi Home Area, to liase with the Sámi Parliament and the Skolt Sámi Village Council on issues of land management and their potential impacts on indigenous people’s lives. The preparation of this Act has not been conducted with the Free, Prior and Informed Consent of the Sámi People.
Sámi Culture Under Threat
There is an urgent need to ensure that Metsähallitus and others are prevented from undermining present or future opportunities for the Sámi to practice and foster their culture. The new Act needs to include clauses that provide a protective zone and mechanisms for the Sámi to safeguard their cultural practices. These are missing from the existing legal proposal leaving both Indigenous Sámi leaders and Arctic scientists concerned about the proposed new reforms.
“Sámi reindeer herding and the Sámi way of life are in danger of disappearing if the new Forestry Act legislation passes in the Finnish Parliament. In this case we will have few opportunities to influence the decision making over our lands. Rather, our territories will be controlled by market economy values,” says Jouni Lukkari, President of the Finnish Section of the Sámi Council.
Tero Mustonen, a scientist from the Snowchange Cooperative, and one of the Lead Authors of the Arctic Council’s Arctic Biodiversity Assessment (ABA), adds: “Arctic peoples have thrived in a harsh environment for millennia, in no small part because they have acquired a great depth of knowledge about the land and waters of their homelands and the species that live there, which provide food, clothing and meaning to Arctic cultures. This traditional ecological knowledge is increasingly recognized as an important source of information for, among other things, understanding Arctic biodiversity and developing effective strategies to conserve that biodiversity, including indigenous ways of life.”
Furthermore, Mustonen says that “In this period of rapid climate change in the Arctic it is imperative that these northern ecosystems are preserved intact – they are central to the Indigenous peoples’ survival and a source of their knowledge in this new reality. The Forestry Act in its current form would cause severe negative impacts to Sámi society as we know it.”
Concerned about the threat to their culture and homelands, all of the Sámi reindeer herding cooperatives, the economic units through which reindeer herding is organized in Finland, are opposing the new Act. Despite decades of industrial forestry and road construction in Southern and Middle Lapland, the Sámi’s traditional trade has been able to cope and maintain its iconic socio-ecological complex. But the new Act threatens to change all of this.
Since details of the new Forestry Act emerged, the reindeer herding cooperatives, as well as the national Sámi Parliament and the international Sámi Council, have taken strongly-worded letters to Finland’s Prime Minister Juha Sipilä asking him to stop the Act in its current form.
The Act must be stopped
Considering both the historical damage they have sustained and the difficulties of adapting to rapidly-proceeding Arctic climate change, Sámi reindeer herding practices cannot cope with the imposition of the sudden industrial changes promised under the new Forestry Act, Mustonen explains. “There is an urgent need to stop the current form of the Forestry Act from proceeding further”.
Should the Act manage to pass in the Finnish Parliament this week, the Sámi will demand a full Moratorium on all state forestry and infrastructure actions inside the Sámi Home Area until such a time that the Indigenous rights over the area can be jointly agreed on.
Mustonen also suggests that a mapping of the Sámi Land Use, in accordance with international standards, should be enacted to document the historical and contemporary land and water rights of the Sámi. “This could then serve as a basis of a neutral re-start to Sámi – State relations in Finland; a re-start much needed and awaited by all parties,” he concludes.
In the meantime, Sámi representatives are requesting support from the international community.
For further information, contactTero Mustonen, Ph D Snowchange Cooperative HAvukkavaarantie 29FIN 81235 Lehtoi Finland
tero@snowchange.org +358 407372424
by Deep Green Resistance News Service | Feb 19, 2016 | Colonialism & Conquest, Indigenous Autonomy
Featured image: Maori protests on February 4th signing of the TPP in Auckland, New Zealand. Photo by Dominic Hartnett
By Cultural Survival
The Trans-Pacific Partnership agreement, if approved, would be the largest trade agreement in history involving 11 countries including the United States, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.
Cultural Survival staff caught up with the United Nations Special Rapporteur on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz, to discuss the trade deal’s implications for Indigenous Peoples in these countries, based on her recent research and report on this topic.
Vicky Tauli-Corpuz explains that the TPP agreement is about liberalizing the trade and investment regime in order to allow for more fluidity when trading among countries. However, she shared her concern that in this agreement investor’s rights may be more protected than the rights of the Indigenous Peoples; the investment clause would trump social and environmental rights, including human rights.
“You cannot have a situation where investor’s rights are more protected than Indigenous rights,” she explained.
Ms. Tauli-Corpuz also used the example of Bolivia, where the government had listened and acted upon Indigenous protests against a Canadian mine on their lands, by attempting to cancel the concession. Bolivia was then sued by the Canadian corporation that owned the mine. The mining corporation won and the Bolivian government was left to pay millions of dollars to the company for lost profits. She noted that most developing countries lose in arbitration with corporations because they simply do not have the lawyers to support them. Corpuz warned, these are the types of situations that occur when investors are prioritized over the local and Indigenous citizens.
The TPP was negotiated in secret, and its text was only released via Wikileaks until it was already negotiated by trade ministers of the respective countries. According to Tauli Corpuz, this secrecy is a violation of Indigenous Peoples right to Free, Prior, Informed Consent on policies that may affect them.
“In situations where Indigenous Peoples have the right to Free, Prior, Informed Consent before any company comes to their community to invest, that kind of right has to be respected and that has to be stated and pursued by the countries who are hosting this investment,” she warned.
She urges for deeper transparency in trade deals like the TPP, so that Indigenous Peoples can be aware of the content of these trade agreements so that they can participate and decide whether or not to consent. In order to achieve this there must be a call to action to create a more participatory negotiation process rather than the exclusive and secretive one that has occurred. If the TPP is passed within each country’s legislature, it would deregulate social standards that are put in place and can take states themselves to court for attempting to protect social conducts such as protecting the rights of Indigenous Peoples.
The Special Rapporteur also recommends that extra attention be made to Exceptions section of the trade agreement. For example, specifically naming FPIC and Indigenous Peoples rights in the stipulations of how the the trade agreement would play out within each country. It is the responsibility of each country to identify and present exceptions so that they can be held accountable during arbitration panels. For example, New Zealand did manage to include an exception in TPP article 29.6 that references the rights of the Maori people, however activists have argued that the wording of the exception allows too many loopholes to provide legitimate protection.
On February 4th, 2016, the TPP was signed by trade ministers of 11 countries, in a formal ceremony in New Zealand. But the deal must still be approved within the legislatures of each country for it to be put in place: The TPP will not come into effect until a requisite number of original signatories ratify the agreement.
Maori leaders in New Zealand held massive protests against the signing ceremony, saying that they do not give their consent to the deal and that the it violates the Treaty of Waitangi and the 1835 Declaration of Independence of New Zealand. Kingi Taurua, a prominent Nga Puhi elder at Waitangi’s Te Tii Marae, has sent a formal notice of veto of the Trans-Pacific Partnership agreement to the embassies and trade departments of its proposed partner countries. They argued that the New Zealand government does not have “due authority” to sign the TPP without the agreement of Maori elders, “which [agreement] has not been given.”
In the United States, the next step is the drafting and consideration of a bill in Congress to implement the agreement, which will also serve as U.S. ratification of the international trade deal. Some anticipate this vote to take place after the 2016 elections in November.
