Derrick Jensen interviewed about Deep Green Resistance, “transphobia,” and more

Derrick Jensen interviewed about Deep Green Resistance, “transphobia,” and more

Edited transcription of an interview by John Carico for The Fifth Column

How do you feel about Dr. Jill Stein and the Green Party of America?

I’m not a huge fan of the Green Party. I did a talk ten years ago at the Bioneers conference, which is about social change and environmentalism. One year their tagline was “the shift is hitting the fan,” about paradigm shifting. The thing that broke my heart was, so far as I know, I was the only person there who talked about power and psychopathology. I don’t think you can talk about social change without talking about power, and I don’t think you can talk about the destruction of the planet without talking about psychopathology. The Green Party has a lot of really good ideas, but how do you actually put them in place, given that those in power are sociopaths and the entire system rewards sociopathic behavior?

That doesn’t mean we need to give up or do nothing. A doctor friend of mine says the first step to a cure is proper diagnosis. If part of the disease that’s killing the planet is this sociopathological behavior, then fighting that sociopathological behavior needs to be part of our response.

I have voted Green in a couple of elections, and would vote again for a local Green. On the national level, the voting I’ve done was pretty much symbolic. I voted for Nader. I voted for a friend one time. The last time that I voted for any mainstream candidate was against Reagan in ‘84, and you pretty much had to vote against Reagan. But, interestingly, in 1980 I voted for Reagan and then realized I was an idiot, and voted Democrat in ’84. By ’88, I had an awakening and realized the whole system was just full of crap.

I do believe in voting on a local level. Voting on a national level may not change much, but locally, you can protect some things.

What warnings would you give young environmentalists as to how to differentiate green-washing from effective efforts?

The best way we learn is by making mistakes. The advice I give to young activists is to find what they love and defend it. Probably at some point, when they run up against the economic system, they’ll find themselves screwed over. That’s a lesson we all have to learn.

By the mid 1990s, I had already recognized that this culture is inherently destructive, but the “salvage rider” was still a big lesson for me. In ’95, activists all over the country had been able to shut down the Forest Service timber sales using the appeal process. Basically, if you could show the timber sales were breaking the law, you could appeal to have them stopped. Then they would have to produce a new document. Then you would stop them again by showing where they violated the Clean Water Act, Clean Air Act, etc. We were successful enough that Congress passed the salvage rider, wherein any timber sales that they wanted would be exempt from environmental regulations. The lesson was that any time you win using their rules to stop the injustice and stop the destruction, they will change the rules on you. There is really no substitute for learning this lesson yourself.

Artwork by Stephanie McMillan

Artwork by Stephanie McMillan

Recognizing Greenwashing comes down to what so many indigenous people have said to me: we have to decolonize our hearts and minds. We have to shift our loyalty away from the system and toward the landbase and the natural world. So the central question is: where is the primary loyalty of the people involved? Is it to the natural world, or to the system?

What do all the so-called solutions for global warming have in common? They take industrialization, the economic system, and colonialism as a given; and expect the natural world to conform to industrial capitalism. That’s literally insane, out of touch with physical reality. There has been this terrible coup where sustainability doesn’t mean sustaining the natural ecosystem, but instead means sustaining the economic system.

So when figuring out if something is greenwashing, ask, “Does this thing primarily help sustain the economic system or the natural world?”

That’s one of the problems I have with industrial solar and wind energy. They are primarily aimed at extending the party, not aimed at protecting salmon.

I would also ask young people to think about the linkages. A solar cell may be really groovy and you can power your pot grow but where did the solar cell come from? It required mining. It required global infrastructure. Even climate activists ignore these linkages. I heard one activist say, “Solar power has no costs, only benefits.” Tell that to the lake in Bhatu, China, who is now completely dead as a result of rare earth mining. Tell that to the people, human and nonhuman, who no longer can sustain themselves from the lake or from the land poisoned all around it.

A friend of mine says, “A lot of environmentalists start by wanting to protect one specific piece of land, and move on to questioning the entire culture of western civilization.” Once you start asking the questions, they don’t stop. “Why are they trying to destroy this piece of land?” leads to, “Why do they want to destroy other pieces of land?” Then you ask, “Why do we have an economic system based on destroying land? What is the history of this economic system? What happens when it runs out of frontiers? What happens when you have overshoot?” It’s important for young activists never to stop asking those questions.

Can you name successful revolutions of the past that you think we should look to when forming our own strategies? Where colonizing powers withdrew, and left the economy to its people?

Economy is a really hard word when you have a global economic system. We can talk about the Irish kicking the British out, or the Vietnamese kicking out the United States, but the real winner in Vietnam is Coca Cola, because Vietnam is still tied into the global economic system.

I think it’s great that the Indians and Irish kicked out the British and that the Vietnamese kicked out the U.S., so I’m not attacking revolution when I say this. But one of the problems is that when you defeat a certain mindset, it will often find expression in another way. When the United States illegalized chattel slavery, the underlying entitlement, where white people felt entitled to the lives and labor of the African Americans, was still there and found expression in a new way with the Jim Crow Laws. We see this all the way up to today with mass incarceration of African American males in such shameful ways. Like I said earlier, we need to keep looking at the linkages and, unfortunately, this makes one depressed. Because when you see a victory, oftentimes, you also see a backlash and a reconfiguration and reestablishment of the underlying bigotry.

We see this too with monotheism’s movement toward science, especially mechanistic science, where the world is not alive. The monotheism of the Christian sky-god did the initial heavy lifting by taking meaning out of the world and leaving it up there. Mechanistic science is really just an extension. We can say, “Wow, we really got rid of the superstition and the bigotry that has to do with Christianity,” but this belief in science is even scarier. At least with the Christian sky-god there was someone above humans. Now humans are making themselves into this new god and think they control the whole planet.

Having said that as a preamble, the film The Wind That Shakes the Barley highlights one of the smart things the Irish did. The film starts off with all these Irish guys playing hurling. When I saw this at first, I thought, “What the hell does this have to do with the Irish liberation struggle?” As I mentioned, one of the things we have to do is to decolonize ourselves. They did this in part by playing Irish sports, using Gaelic Language, and reading Gaelic Literature. A successful revolution begins with breaking identification with the dominat system. First comes the emotional part. After that, it’s all strategy and tactics; you look around and ask, “What do we want to do, blow something up, vote, peaceful strikes?”

This ties back into everything we’ve talked about so far. Are we identifying with a system or are we identifying with those we are trying to protect? We can say the civil rights movement was successful in the sense that African Americans now have a provisional right to vote. Of course mass incarceration targets black males and thus takes away their right to vote, but the movement was still successful in that it accomplished some aims. This was done by identifying as black voters. So, identifying is very important.

Several years out from the writing of Decisive Ecological Warfare, is there anything you would change in terms of strategy that you’ve learned since?

We don’t know because no one is doing it. All I know is that there are more than 450 dead zones in the world and only one of those has recovered — in the Black Sea. The Soviet Union collapsed, making agriculture no longer economically feasible there. They stopped agriculture and the dead zone has recovered enough that they now have a commercial fishery. That makes clear to me that the planet will bounce back when this culture stops killing it, presuming there’s anything left.

The image that keeps coming to mind is this body, which is the earth, and it keeps bleeding out because it’s been stabbed 300 times. All these people are trying to heal this body, and they are doing CPR and putting on bandages and everything else. But they’re not stopping the killer who’s still stabbing the person to death. We have to stop that primary damage. We have to recognize that we can’t have it all. We can’t have a way of life that relies on industrial capitalism and continue to have a planet.

Now, I haven’t really answered your question, mostly because of what I said at first: nobody’s doing it, so we don’t know what mistakes there are in the strategy. I’ve been saying for fifteen years that if space aliens came down to earth and were doing what industrial civilization is doing to the planet, we would put in place Decisive Ecological Warfare. We would destroy their infrastructure. This is an important point. We can make a very strong argument that World War II was won by the Allies, primarily in the killing fields of Russia. But I would argue that either first or second most important was the destruction of German industrial capacity. Similarly, the North won the Civil War not just because they had better generals, but because they destroyed the South’s capacity to wage war.

I don’t care how we do it; we can do it by voting, if that works. But we have to find a way to stop this culture from waging war on the planet.

Will Potter’s Green Is the New Red talks about the crackdown against Green movements. Do you have any advice for people who want to speak openly about resistance but are afraid of the repercussions? Where is the line between security culture and the need for movement building? The Invisible Committee says we need to tie the actions that have been done into a narrative. Is the problem that the media never covers the actions of those who, for instance, did direct action against fracking in New Jersey, and that any direct action the media does cover seems to follow the horrible lone wolf narratives? Do you think this stifles our movement?

What you say makes a lot of sense. Coverage of direct actions, and the true reasons behind those actions, can’t be left to mainstream media. The movement needs people aboveground who can publish the narrative, and another separate group which is underground, to actually do it. Both roles are critical, but we need a firewall. Many activists have been arrested partly because they tried to do both. We in Deep Green Resistance are trying to fill that aboveground role, as is the North American Animal Liberation Front Press Office.

As for security culture…I think, sometimes, about the whole marijuana legalization movement (I realize this isn’t so much a successful revolutionary movement as a successful social movement). They’ve done a good job pushing an agenda that would have been unthinkable thirty years ago. They’ve done this by using this model, by being below ground with the growers and above ground with NORML. We can say the same thing about the IRA.

You need that firewall when you live in a security state, but we shouldn’t feel unnecessarily paranoid. Although surveillance is everywhere and they pretend they are God, those sitting at the top are not actually omniscient. Living in northern California, where the pot economy basically runs the entire economy, has helped me to a healthy understanding that the Panopticon is not as all seeing as it wants to be. (Again, I know there is a difference between A) growing marijuana, which many cops probably smoke or view with sympathy, and B) ending capitalism, which would freak out all the cops.)

I’m very naive about many things, including drug culture. But I used to teach at Pelican Bay, a Supermax Prison, and students told me that if you dropped them into any city in the world, they could find drugs within 15 minutes. I couldn’t even find a bathroom in 15 minutes! That means the underground economy is surviving the Panopticon very well; it isn’t omniscient.

The Green Scare did not succeed because of the power of the Panopticon, or because of brilliant police work. The cases of sabotage were solved by good old-fashioned stoolie, because Jake Ferguson was an abuser, junkie and a snitch. Basic security culture probably would have defeated the investigations.

Can you give a critique of anarchists and why you see a lot of their work as ineffective?

I had a conversation a couple years ago with a very famous, dedicated anarchist who has some critiques of anarchism, but didn’t want me to use his name because he knows if he says anything critical about anarchism he will get death threats. One of the big problems is that anarchism is open membership, in that anyone can become an anarchist simply by identifying as an anarchist. He says many who call themselves anarchist, aren’t; they are just antisocial and have found an ideological excuse for their bad behavior. He says anarchists have a long tradition of fighting for the eight-hour work day, or fighting againt fascism as in Spain. He says there needs to be a way to kick out people who are simply sociopaths who call themselves anarchists. I mean, here’s a quote by an anarchist/queer theorist: “Smashing the institutions of patriarchal racist capitalism goes hand in hand with being a repulsive perverted freak.” Seriously? We’re supposed to put this person in the same category as Goldman or Kropotkin? Are we going to let that person in, even if they are just a prick? Any group will have nutjobs: Republicans, Democrats, stamp collectors. But anarchism is so small, so vocal, and so open that the nut jobs really stand out and can discredit the larger group.

I’m also concerned about effectiveness. The individualist anarchists (as opposed to collectivist anarchists) have an active hostility toward organization. DGR isn’t alone in getting attacked for this, for being perceived as hierarchical. I’ve seen writing on this going back 40 years, with anybody who believes you can have an organization with a stable schema immediately being attacked as Stalinist. They attack the organization simply because it’s an organization. There is a great line by Samuel Huntington that says “The west won the world, not by the strength of its ideals, but by its application of organized violence.” (He’s actually a supporter of the western empire; he says it’s a good thing.)
I talk about this in Endgame. I have become convinced that the single most important invention of the dominant culture, which has allowed it to destroy the planet, is the top-down bureaucratic military style organization. I’m not saying we need to model our organizations after this, but it is really effective. It is how this culture was able to murder the Native Americans. They had one big army. In my experience, people can generally be very contentious. It’s really hard to get together on the same page.

I had a friend who was trying to start an environmental organization years ago. An indigenous member warned that 95% of the time would be spent dealing with personality conflicts, and the other 5% actually doing the work. It’s an accomplishment, albeit a terrible one, that the U.S. Military gets 5 million people to act toward one aim: killing brown people, or whatever it is they are doing. They have propaganda on TV and in print, they have the capitalist system which rewards bad behavior, they have an organizational schema and, on the other side, we are supposed to defeat them without being organized?

Civil War General McClellan lost against Lee due to piecemeal efforts. McClellan attacked in one place and Lee moved his troops back. McClellan attacked another place, and Lee moved his troops back. The Turkish military had a strategy of attacking in piecemeal, and lost every battle for nearly two hundred years. The Russians would attack en masse and the Turkish army would send in one unit at a time and get slaughtered. Nathan Bedford Forrest, a terrible racist but brilliant Civil War strategist, said, “The way you win a battle is getting there first with the most.” In any conflict you want local superiority.

You asked why I see anarchist strategy as oftentimes ineffective: if you’re fighting an organized force, you should try to be organized as well.

Can you give a definition of Radical Feminism, and a response to some of your detractors who’ve accused DGR of transphobia?

The question I would ask is “Given that we live in a rape culture, do you believe women have the right to bathe, sleep, organize, and gather, free from the presence of males?” If you do believe that women have that right, you will be accused of transphobia; you will receive death threats. If you are a woman, you will receive rape threats. I’ve been de-platformed over this, some trans activists have threatened to kill the children of DGR activists over this. All because I believe that women have the right to gather free from the presence of males.

I want to make clear that no one in DGR is telling anyone how to live. I don’t give a shit! I’m not saying people who identify as trans should get paid less for their work, or that they shouldn’t have whatever sexual partner they want. I’m not suggesting they should be kicked out of their house, or should be de-platformed from a university, or that anything bad should happen to them.

Somebody wrote me and said, “I have a a little five-year-old boy who loves to wear frilly clothes, loves to dance ‘like a girl’, and sing ‘like a girl’; doesn’t this make him transgender?” I wrote back and asked, “Are you saying only little girls can wear frilly clothes? Why can’t we just say ‘this is a little boy who likes to play with dolls, and sing in a high voice?’ Why can’t we just love and accept this child for who he is? What does it even mean to dance ‘like a girl’? ”

Shoddy thinking makes me angry. I know the trans allies are going to get mad when I say, “Women should be able to gather alone” because they will then ask, “Who are women? Aren’t trans who identify as women, in fact women?” My definition of woman is human female, and my definition of female is based on biology. Some species are dimorphic. Just like there are male marijuana plants and female marijuana plants, and male hippopotami and female hippopotami, there are male humans and female humans.

I want to say two things before anyone offers a counter-definition of ‘woman’:

1. A definition cannot be tautological. You cannot use a word to define itself. You cannot say, “A woman is someone who identifies as a woman,” any more than you can say, “A square is something that sort of resembles a square.”

2. A definition must have a clearly defined metric. If I said, “Here is a three sided thing, it’s a square,” you would say, “No, it’s not a square because a square has 4 sides.” You have to be able to verify. I can say I’m a vegetarian but I had great ribs for dinner. This destroys not only the word ‘vegetarian’ but also the word ‘definition.’ I would ask those who disagree with my definition, “What is your better definition that is verifiable, for the word ‘woman’?” and second, “Is the fact that I have a different definition for the word ‘woman’, which is defensible linguistically, so important that you think it’s acceptable for men to threaten to rape women?”

I’ve never publically discussed this point before, but I think this is an important issue to discuss. It’s part of a larger post-modern social movement that values what we think and what we feel over what is real. This takes us right back to the greenwashing, with people saying, “We have to come up with the economy we want.” No, first we have to figure out what the Earth will allow!

This culture has a deep hate for the embodied and for what is natural. Here’s a great example: I have coronary artery disease, and I told my doctor I was feeling better since I had been diagnosed. This was right before Obamacare kicked in, so I didn’t have insurance yet. The pain got less in that time, and I asked why. The doctor said that when the arteries get clogged, the body sends out capillaries all around it to basically do its own version of bypass surgery. I had never heard that before. We all think it’s some miraculous thing when someone cuts open your chest and does bypass surgery, but we don’t even think about it when the body does it itself. There is tremendous wisdom of knowledge in the body, and we have to learn to respect it. This is important, both on a larger global scale and on the personal scale. I think it’s really important to recognize how this culture devalues the body. How I feel is way less important than what is.

Can you talk a bit about left sectarianism?

This goes back to the machine-like organizational structure of the dominant culture, which I am not valorizing, but do recognize as really fucking effective. It’s been able to get people past sectarianism.

Over the years, I’ve gotten thousands of pieces of hate mail, of which only a couple hundred were from right wingers. I’ve gotten hate mail from anti-car activists because I drive a car, vegans because I eat meat, and anarchists because I believe in laws against rape. I’ve never understood why animal rights activists and hunters don’t work together to protect the habitat. I wouldn’t have a problem with that. I do believe in temporary alliances. Once that’s done, animal rights activists can sabotage the hunts.

There’s a great example from 300 or 400 CE. These two sects of Christianity fought, same name but one had an umlaut, and one didn’t. They killed each other — hundreds of people! — over the question “Do you believe the fires of hell are literal or figurative?”

I was talking to a guy about the left always attacking each other. He mentioned that where he lived in West Virginia, there used to be a single KKK chapter consisting of three brothers. Now they have three chapters, because they can’t stand each other. So it’s not just a problem on the left.

Instead of getting mad at sectarianism, which I’ve been doing for the past fifteen years, we need to figure out what to do about it. It’s probably part of the human condition.

My friend Jeanette Armstrong, an indigenous activist and writer, told me once, “We, in our community, have just as many squabbles as white people do. The difference is I know my great-grandchild might marry your great-grandchild, so we figure out how to get along.” I really like that. I think we just have to ask “What are we really trying to do?”

What’s wrong with me having a really strong disagreement with a trans activist, for example, and them having a really strong disagreement with me? We can both continue doing our work and, at worst, ignore each other. There are plenty of people with whom I disagree. Families have different political views all the time and still love each other.

The question I’ve been asked over the years that cracks me up is what it’s like at my house on Thanksgiving. One of my sisters is a petroleum engineer, and she used to be married to a guy who did cyanide heat leaching and owned a gold mine. Now she’s married to a guy who used to work for the NSA and now works for the Israeli Military. What do we talk about? We talk about football. My brother is a huge Seattle Seahawks fan, so go, Hawks! I don’t talk about environmental stuff; it’d just start an argument. So I don’t understand why we activists can’t agree to disagree.

Noam Chomsky, who really disagrees with the anti-industrial perspective, is another great example. I was scheduled to give a talk in Scotland, and they wanted to ask me about Chomsky blasting anti-industrialism. I really disagree with him on this, but I really respect his work, so my agent, a really smart person and also Chomsky’s agent, said just to say “I’m not attacking Chomsky. We just have a disagreement on this.” I don’t understand why we can’t do this more often. There is a limit, of course. Roman Polanski is a rapist, so it makes sense to talk about his personal life.

I can’t stand Richard Dawkins, have critiqued his work a lot, and have heard, individually, that he’s pompous. But I’ve never heard that he’s a rapist or anything so I don’t know why I wouldn’t just keep my critiques focused on his work.

I think film is really detrimental to communication, because it’s so removed from real life and the way we communicate. In order to move a film story forward, you need dramatic tension. So a lot of times you have people fighting who wouldn’t fight in real life, and because we learn to communicate from the stories we take in, we learn to be even more contentious than we otherwise would be.

I know someone who was on Bill Maher and was relatively polite. They got mad and said, “If you are ever on the show again, you have to interrupt people and be contentious, because that’s what makes the show work. We want Jerry Springer, we want people to throw chairs.” We may not really want that, but that’s what works for the spectacle. And then we learn that’s acceptable behavior.

I’m writing a book right now with a coauthor. We had a significant conflict Saturday, but both parties handled it in a mature fashion. We still have a significant disagreement, but we strengthened our friendship because we handled it maturely.

What are your thoughts on Prison Abolition?

When talking about prison abolition, I get a little nervous because I can’t wrap my head around it. Obviously the prison system is horrendous. But I’m not a prison abolitionist, because when I taught at the Supermax, the students agreed that the only way for prison abolition to work is if you’re going to kill a bunch of people. I knew a kid who was put out for prostitution at age four, and really, what chance did this kid have? He was really fucked up by the time he was six. Another kid was living on the streets of Oklahoma at six with his little brother. This guy is now doing life for murder. Probably the first time he knew where his next meal was coming from was when he got to prison.

My creative writing students used to pass around jellybeans, but warned me never to take anything from one inmate. He had tortured a person to death, and since getting to prison, he’d poisoned three people. Something, obviously, had happened to this guy.

A friend had a student who said to her, “I am so broken, I need to be kept out of society.”

Another guy — not sure if he was executed or died on death row — killed his wife and kid and put each heart in a separate pocket because “the blood couldn’t mix.” When he was on trial, he pulled out one of his eyes because “that’s how the feds were putting stuff into his brain.” That didn’t work, so he pulled out his other eye and ate it. I’m not saying he needed to be in prison as it currently exists, but he definitely needed to be separated from society. Or removed. What do you do with Ted Bundy?

I’m not saying that Ted Bundy makes the case for locking up some fifteen year old, and I’m not saying we shouldn’t eliminate for-profit prisons and the prison industrial complex. And I’m mostly against the death penalty — though I think Tony Hayward of BP should be executed, it’s outrageous as it is because it’s racist and classist. But the whole culture is completely messed up, and we can’t simply abolish all prisons without addressing the rest of the problems.

I had a student who said if he could change one thing about society’s perception of drug dealers, he’d destroy the stereotype of the drug dealer in an Armani suit. He said, “You try living in Oakland with three children and working at McDonalds; you can’t do it. Drug dealing puts food on the table.” Now he’s in prison which doesn’t help anybody.

Before I went to work in the prison system, I was completely apolitical on the drug war, because I never thought about it. But I became highly politicized because a lot of my students would have been perfectly fine neighbors as long as you either A) kept them off drugs, or B) made the drug legal like cigarettes. Many of my stdents did terrible things to get money for drugs, but if it had just been like cigarettes, they never would have murdered people.

One student was in because he was a marijuana dealer in the 1970s, and shot dead someone who tried to rob him. If he had been a shoe salesman and shot someone who tried to rob him, he wouldn’t have gone to jail for even one night, much less for the rest of his life.

A friend who was a police abolitionist went into communities known for police brutality, and got push back because the police are only one threat. The communities also have armed drug gangs, sometimes just as organized and just as nasty as the cops. The local people had no interest in police abolition until there was a community defense that made it practical. Similarly, Craig O’Hara said that anarchism is not about the eradication of all laws, but about making society such that you don’t need them. That’s it, exactly. You can’t push theoretical ideals at the expense of what people need for safety right now. I’ve seen anarchists get mad at women for calling the cops for rape!

I talked to Christian Parenti years ago about police. He observed that police have two functions: to stop meth addicts from bashing in the head of Grandma, and to bash in the heads of strikers. Two roles: to protect and serve, and to protect and serve the capitalists. Police like to emphasize the prior, whereas anti-police activists like to emphasize the latter. Parenti said they spend most of their time making sure people don’t drive 80 mph through a school zone. I don’t have a problem with someone getting a ticket for driving 80 mph through a school zone. But their most important social role is to bash in the heads of strikers.

We need to realize that our broad cultural conditions are really really, really terrible, and that something needs to be done about Ted Bundy until we have a society where Ted Bundys aren’t made.

Indigenous Otomí-Ñätho Exercise Autonomy to Defend Lands

Indigenous Otomí-Ñätho Exercise Autonomy to Defend Lands

Featured Image: Like Cheran, Michoacán, and the Zapatista Caracoles of Chiapas, the Ñätho community of Huitzizilapan have exercised their sovereignty and voted to form their own communal assembly. Photo: Más de 131.

By Mas de 131 / Global Voices

Translated by Glenn Bower

Huitzizilapan, whose old name is N’dete, which means “big town”, currently encompasses 12 indigenous Otomí-Ñätho communities living in the area between the two large cities of Mexico City and Toluca.

A year ago, its people organized themselves to defend their forests, a movement that ultimately led them to elect their own representatives free from the influence of any political party on 7 December 2015.

That day, the indigenous people waited for the arrival of the Agrarian Ombudsman, the authority which can give power to assemblies formed on communally owned lands in Mexico.

However, the ombudsman never arrived, citing an accident as the reason.

Meanwhile, members of the National Human Rights Commission, who were invited by the comuneros (a Mexican term for members of an agrarian community) to document the assembly, left without warning.

This did not stop the indigenous community members from exercising their rights in line with convention 169 of the International Labour Organization, the Mexican Constitution and agrarian legislation.

During the assembly, by a show of hands, they unanimously choose the “candidates of the people.”

The Ñätho, however, say that they were forced to confront a new assembly convened by the Agrarian Ombudsman without legal grounds on 18 January 2016.

The Ñätho worried that the local government and the pro-government Institutional Revolutionary Party would impose another parallel authority instead of the authority which the people already had elected.

They therefore decided to make efforts to reinforce their vote.

“We are getting organised and visiting all the comuneros so we can win again,” said Abundio Rivera, one of the local leaders.

In a statement released on 12 January, the comuneros criticised the town’s former authorities, who had links to the Institutional Revolutionary Party, for handing out 2,000 Mexican pesos to each person to persuade them not to support the chosen “candidates of the people.”

“We are working on increasing awareness,” stressed Rivera. And they did, on 18 January 2016 they won again.

Since 2003, the federal government has set up registers of comuneros in agrarian and communal centres around the country.

In Huitzizilapan, there are 904 comuneros who make decisions involving the land. Since then, all kinds of projects have been imposed by the communal authorities, without any prior consultation with the people.

The idea behind the 2014 movement and the formation of a group of candidates from open assemblies held in the town was to reverse the environmental destruction and protect the integrity of the Huitzizilapan people’s lands.

Once elected on 7 December, the first words of the new commissariat were:

We all know the great difficulties facing the community, we must care for our land, our water and our forest as well as deal with other issues. To me it seems we must keep those citizens of San Lorenzo whether they be at home or away, in mind. Let us give them the chance to voice their vote.

Another comunero went even further in saying:

I will fight for the autonomy of the people, not just the chance to vote. I will open the doors to the people and recover the autonomy we had 15 years ago, because our children have the right to decide what happens to their land and forest, independent of the Agrarian Ombudsman.

The president’s order

Along with its neighbours, Xochicuautla and Ayotuxco, Huitzizilapan faces the construction of the Toluca-Naucalpan highway, which was contracted to a corporation owned by Juan Armando Hinojosa, one of the businessmen most favored by Mexican President Enrique Peña Nieto’s government.

At the beginning of 2015, the former town commissioner and member of the Institutional Revolutionary Party, Luis Enrique Dorantes, passed a supposed “forest exploitation plan” without notifying the people.

A few months later, on the morning of 5 July, young men and women from Huitzizilapan set themselves up at the community council offices, lighting campfires to watch an assembly in which Dorantes had planned to hand over part of the peoples’ land to the local government of Lerma, though a process called “disincorporation”.

That morning the church bells rang next to the council offices, and hundreds of residents answered the call to expel around a thousand police from their town.

Women, young people and children of Huitzizilapan have met with indigenous people from all over the country, as well as with some of the families of the 43 students from the Ayotzinapa teachers’ college in the state of Guerrero who remain missing.

Their case has led them to file protection orders against an expropriation decree on their land ordered by Peña Nieto in March 2014, as well as to create a community newspaper and paint messages such as: “We are all comuneros” and “Here the people are in charge” on walls around the town.

Precious forest

The forests defended by Xochicuautla and Huitzizilapan are recognised by Mexico’s government as the Tributary Sub-basin Forestry and Water Sanctuary.

The 105,844 hectare area is classified as the Zempoala La Bufa Ecological, Recreational Tourist Park, and is known as the Otomí-Mexica Park.

Peña Nieto and Governor Eruviel Ávila insist on constructing a highway for 39 kilometres through this forest, which would practically divide it in two. Avila declared in December that the project will be completed in 2016.

When elected on 7 December, the new commissariat of the people asked, “Why do we care for the forest?”

He then answered the question saying, “Because it is the lungs of both the Valley of Toluca and the Valley of Mexico. It is a matter of preserving it for future generations, let’s raise awareness.”

This article by Mas de 131 originally appeared on Global Voices on February 7, 2016.

Derrick Jensen: To Protect and Serve

Originally published in the September/October 2012 issue of Orion. Now republished for the first time online.

In an era of government-sanctioned polluters, communities must defend themselves

Several years ago I spoke at a benefit for an organization working to prevent a toxic waste site from being built in their community. Yet another toxic waste site, the organizers clarified, since there already was one. It should surprise no one that their community was primarily poor, primarily people of color, and that the toxic waste was being brought in so that distant corporations could reap bigger profits.

The organization had been fighting the dump for years, on every level, from filing lawsuits to holding protests to physically blockading the dump site. Several people at the benefit commented on the bizarre role that the police played in all of this. Many of the cops lived in the community and were themselves opposed to the toxic dump. But when they put on their uniforms and headed off to work, their jobs included arresting their neighbors who were trying to protect the neighborhoods where their own children lived and played.

We’ve all heard of dues-paying union cops busting the heads of strikers because their capitalist bosses tell them to. And of cops arresting protesters trying to prevent the cops’ own water supplies from being toxified (while of course not arresting the capitalists who are toxifying the water supplies). And I’m sure I’m not the only one who’s had fantasies that at the next economic summit or World Bank meeting, members of the police will experience an epiphany of conscience and realize they share class interests not with those they’re protecting but rather with those at whom they’re pointing their guns. And in this fantasy the police then turn as one to join the protesters and face their real enemy.

At the benefit we shared all sorts of fantasies like these, and we all laughed at how unrealistic they were. There have been instances in which the police have worked with the people to stop government or corporate atrocities, but they’re too rare.

And then we shared some other fantasies, which all consisted in one way or another of police choosing to enforce laws that are already on the books, laws that protect our communities. Laws like the Clean Air Act, or the Clean Water Act, or for that matter laws against rape. We fantasized about what it might be like to have police enforce carcinogen-free zones, or dam-free zones, or WalMart-free zones, or rape-free zones.

And then again we laughed, since we knew that these fantasies, too, were unrealistic. It’s not the job of the police to protect you from living in a toxified landscape, even if that landscape is being toxified illegally.

In fact — and this may or may not be surprising to you — the police are under no legal obligation to protect you at all. This fact has been upheld in courts again and again. In one case, two women in Washington DC were upstairs in their townhouse when they heard their roommate being assaulted downstairs. Several times they phoned 911 and each time were told police were on their way. A half hour later their roommate stopped screaming, and, assuming the police had arrived, they went downstairs. But the police hadn’t arrived, and so for the next fourteen hours all three women were repeatedly beaten and raped. The women sued the District of Columbia and the police for failing to protect them, but the district’s highest court ruled against them, saying that it is “a fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.”

So there you have it. Time and again, many similar cases have yielded the same case law, at local, state, and federal levels. But a lot of rape victims already know this; only 6 percent of rapists spend even one night in jail. And the people in that community who were having a toxic waste dump crammed down their throats with the professional support of the police also know this. As do the human and nonhuman people of the Gulf of Mexico, who are still being killed or injured by the Deepwater catastrophe — and who will experience far more of the same, since the U.S. government is supporting more deepwater drilling. As one technical advisor to the oil and gas industry put it, “We are seeing deep-water drilling coming back with a vengeance in the Gulf.”

So here’s the question: if the police are not legally obligated to protect us and our communities — or if the police are failing to do so, or if it is not even their job to do so — then if we and our communities are to be protected, who, precisely is going to do it? To whom does that responsibility fall? I think we all know the answer to that one.

A lot of people seem to love to talk about the virtues of self- and community-reliance, but where are they when we need to defend our communities?

Fortunately there are many examples of communities rising up to defend themselves from wrongdoing from which we can and should learn. Pre-Revolutionary — or you could say revolutionary yet pre-1776 — American patriots, sick and tired of rule by a distant elite (sound familiar?), increasingly refused to acknowledge the legitimacy of the Crown Courts and other institutions, and put in place their own systems of justice. The same has been true for the Irish in their struggle for independence. The same was true of the Spanish anarchists: part of their project included pushing fascists out of their communities and another part consisted of putting in place their own neighborhood systems of justice and community protection.

I think often of something a former head of “security” for South Africa under apartheid said: that what they’d been most afraid of from the revolutionary group the African National Congress had never been the ANC’s sabotage or even their violence, but rather that the ANC might be able to convince the mass of South Africans to not believe in law and order as such, which in this case meant the law and order imposed by the apartheid regime, which in this case meant the legitimacy of the exploitative apartheid government, which in this case meant that their greatest fear was that the ANC would convince the majority of people to withdraw their consent to be governed by an elite that does not have their best interests at heart.

In our case, we don’t need an ANC to convince us of the illegitimacy of many of the actions of those in power. Those in power are doing a great job of convincing us by their own actions. If the Gulf catastrophe (and the continuation of deepwater drilling) doesn’t convince you, I don’t know what will. If fracking and the poisoning of our groundwater doesn’t convince you, I don’t know what will. If the governmental response to global warming — ranging from vindictiveness against climate scientists to denial to measures that at very best are completely incommensurate with the threat — doesn’t convince you, I don’t know what will. If the total toxification of the environment, with its inevitable health consequences for both humans and nonhumans, doesn’t convince you, I don’t know what will. I routinely ask the people at my talks whether they have had someone they love die of cancer, and at least 75 percent almost always say yes.

And when I ask people at my talks if they believe that state and federal governments take better care of corporations or of human beings, no one — and I mean no one — ever says human beings. Reframing the question to consider whether governments take better care of corporations or the planet — our only home — yields the same result.

If police are the servants of governments, and if governments protect corporations better than they do human beings (and far better than they do the planet), then clearly it falls to us to protect our communities and the landbases on which we in our communities personally and collectively depend. What would it look like if we created our own community groups and systems of justice to stop the murder of our landbases and the total toxification of our environment? It would look a little bit like precisely the sort of revolution we need if we are to survive. It would look like our only hope.

Congress Members Seek to Undermine Lummi Nation’s Request For GPT Permit Denial

Congress Members Seek to Undermine Lummi Nation’s Request For GPT Permit Denial

Featured image: The 22-foot western cedar totem pole, which features animals and symbols important to the Northern Cheyenne people was created by Master Carver and Lummi Elder Jewell James and the House of Tears carvers, of the Lummi Nation. The totem pole is a gift from the Lummi Nation to members of the Northern Cheyenne Tribe in southeast Montana as a symbol of solidarity between two tribes whose homelands are threatened by proposed coal export projects. A dedication ceremony for the totem pole was held on January 22, 2016, outside the Northern Plains Resource Council building in Billings, Montana, where the totem pole will stand until a more permanent home is found on the Northern Cheyenne Reservation. Photo courtesy of the Northern Plains Resource Council.

By Sandy Robson / Coal Stop

Author’s note:  Today, one hundred and sixty-one years ago, the Treaty of Point Elliott was signed on January 22, 1855, by Isaac Stevens, then-Governor of Washington Territory, and by Duwamish Chief Seattle, Lummi Chief Chow-its-hoot, Snoqualmie Chief Patkanim, and other chiefs, subchiefs, and delegates of tribes, bands, and villages. 

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Elliott Treaty monument in Mukilteo, WA

In my endeavor to honor today’s 161st anniversary of the signing of the Treaty of Point Elliott, this piece brings attention to the disturbing fact that, presently, certain members of Congress are dishonoring that very same treaty as they seek to undermine it. 

Treaty rights of the Lummi people are secured to them by the U.S. federal government in the Treaty of Point Elliott. Specific to treaty fishing rights, is 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. . .”

In determining whether Lummi Nation’s treaty-guaranteed rights of access to its usual and accustomed fishing grounds and stations, and harvest of fish, would be adversely impacted by the Gateway Pacific Terminal (GPT) project, a 48 million metric ton per year coal export terminal, the U.S. Army Corps of Engineers (“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 that Lummi Nation requested of the Corps back over a year ago, on January, 5, 2015.

Underneath the brief summary below of the legislative efforts of several members of Congress, is a detailed outline of the politicians; the campaign money, totaling over a quarter million dollars those politicians have received thus far; and the companies and projects, all relating to legislation that would diminish and undermine tribal treaty rights pertaining to proposed coal export projects in Washington state.

 The Story

Congressional legislators who are backed by the coal industry and coal export terminal interests, have tried multiple times to attach a rider onto various bills that would undermine tribal treaty rights relating to the proposed Pacific Northwest coal export terminals. The original amendments proposed were specifically designed to try to prohibit the U.S. Army Corps of Engineers (“the Corps”) from making its determination regarding the Lummi Nation’s treaty fishing rights relating to the proposed Gateway Pacific Terminal at Xwe’chi’eXen (Cherry Point), before the final Environmental Impact Statement (EIS) would be completed for the project.

The language crafted in an amendment presently proposed by federal legislators, could adversely impact the treaty rights of all Indian Tribes and Indian Nations pertaining to projects such as GPT, or the Millennium Bulk Terminal, a 44 million metric ton per year coal export terminal proposed in Longview, Washington, both of which are presently under environmental review.

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, in this case by the Corps in relation to the GPT project, is something the agency addresses separately from any EIS it is tasked with on proposed projects.

In December, 2015, those multiple attempts to attach a rider which would undermine the Lummi Nation’s exercising of its treaty rights relating to the proposed Gateway Pacific Terminal (GPT) project, proved successful when Congressman David McKinley (R-W.Va.), and Congressman Ryan Zinke (R-MT), proposed Amendment 13, the “McKinley Amendment.” The amendment is attached to H.R. 8, the “North American Energy Security and Infrastructure Act of 2015.”

The “McKinley Amendment,” now designated Amendment 850, had originally been designated as Amendment 13 in the House. Amendment 13 was passed by the House on December 2, 2015, and then H.R. 8 was passed by the House the next day, on December 3, 2015.

Amendment 850, the “McKinley Amendment,” seeks to prohibit the denial of a permit for the construction, operation, or maintenance of an export facility until all reviews required under NEPA are complete.

amendment 850On December 7, 2015, H.R. 8 was received in the Senate and referred to the Committee on Energy and Natural Resources. The next step for H.R. 8 will be a hearing in the Senate.

People should contact their U.S. senators to voice their opposition to Amendment 850, the “McKinley Amendment,” that is attached to H.R. 8.

Every day that passes as the Corps is making its decision on the fate of the GPT permit, is another opportunity for coal-backed legislators such as Congressmen McKinley and Zinke, and Senator Daines, to craft legislation aimed at diminishing Lummi Nation’s, and other tribes’ treaty rights.

Honor The Treaty. Now.

Top row, left to right: state flags of West Virginia, Montana, and Washington State. Bottom row, left to right: Congressman David McKinley (R-W.Va.), Congressman Ryan Zinke (R-MT), U.S. Senator Steve Daines (R-MT), Congressman Dan Newhouse (R-WA).

Top row, left to right: state flags of West Virginia, Montana, and Washington State. Bottom row, left to right: Congressman David McKinley (R-W.Va.), Congressman Ryan Zinke (R-MT), U.S. Senator Steve Daines (R-MT), Congressman Dan Newhouse (R-WA).

The Politicians

Congressman Ryan Zinke (R-MT) — Ryan Zinke, along with U.S. Senator Steve Daines, 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 small or trivial to warrant legal review.

U.S. Senator Steve Daines (R-MT) —  Senator Daines attempted multiple times, during the summer of 2015, to attach a specifically crafted amendment to various pieces of unrelated legislation. The amendments were specifically designed to try to prohibit the Corps from making its determination regarding the Lummi Nation’s treaty fishing rights relating to the proposed GPT, before the final Environmental Impact Statement (EIS) would be completed for the project. Daines ended up withdrawing his amendment. It is important to note that while Senator Daines orchestrates such efforts against the treaty rights of the Lummi Nation, he is a member of the Senate Committee on Indian Affairs.

Senator Daines, along with Congressman Zinke, led the group of sixteen senators and seventeen members of the House in sending the two July 28, 2015 letters mentioned above, to the U.S. Army Corps of Engineers.

Congressman David McKinley (R-W.Va.)— McKinley proposed Amendment 13 (now designated Amendment 850), the McKinley Amendment, which the House passed by a voice vote on December 2, 2015. Congressman Zinke co-sponsored that amendment.

Congressman Dan Newhouse (R-WA) – Dan Newhouse’s office was contacted about his position on Amendment 13 (now called Amendment 850) that was passed by the House on December 2, 2015, by a voice vote. Congressman Newhouse’s office staff responded “he supports that amendment, he supported it in the Rules Committee, and worked with McKinley and Daines on that.” Apparently, once again, Senator Daines has been involved in an attempt to undermine the treaty rights of the Lummi Nation, as he worked with Congressman McKinley on Amendment 850.

The Money

Congressman David McKinley (R-W.Va.), so far, has received the following campaign contributions relating to the proposed coal export terminals:

–$1,000 from FRS Capital for 2015-2016

–$3,500 from Arch Coal for 2015-2016

–$2,000 National Mining Association for 2015-2016

–$10,750 from Arch Coal for 2013-2014

–$5,000 from National Mining Association for 2013-2014

–$33,500 from Arch Coal for 2011-2012

–$10,000 from National Mining Association for 2011-2012

–$2,400 from Boich Companies for 2012 election cycle

Congressman Ryan Zinke (R-MT), so far, has received the following campaign contribution for the 2015-2016 election cycle relating to the proposed coal export terminals:

–$6,000 from FRS Capital Corp (ultimate parent company over Carrix and SSA Marine) for 2015-2016 election cycle

–$4,500 from Cloud Peak Energy (has 49% stake in PIT/GPT) for 2015-2016 election cycle

–$4,000 from Arch Coal for 2015-2016 election cycle

–$3,000 from National Mining Association for the 2015-2016 election cycle

–$17,700 from BNSF/Berkshire Hathaway for 2013-2016

Senator Steve Daines (R-MT), so far, has received the following campaign contributions relating to the proposed coal export terminals:

–$2,500 from FRS Capital Corp for the 2015-2016 election cycle

–$32,500 from Berkshire Hathaway for 2013-2016

–$26,400 from Boich Companies for 2013-2016

–$16,000 from Cloud Peak Energy for 2015-2016

–$11,500 from Arch Coal for 2013-2016

–$17,500 from National Mining Association for 2013-2016

Congressman Dan Newhouse (R-WA), so far, has received the following campaign contributions relating to the proposed coal export terminals:

–$6,000 from FRS Capital Corp (ultimate parent company over Carrix and SSA Marine) for the 2014 election cycle

–$2,500 from FRS Capital Corp/SSA Marine for the 2015-2016 election cycle

–$6,000 from Berkshire Hathaway (parent company over BNSF which would transport coal from WY and MT to the proposed Pac NW coal export terminals) for 2015-2016 election cycle

–$3,000 from Arch Coal for 2015-2016 election cycle

–$1,000 from National Mining Association for 2015-2016 election cycle

All of the campaign contributions listed above were obtained from the website, OpenSecrets.org.

The Companies and Proposed Projects

Gateway Pacific Terminal (GPT) — a proposed 48 million ton per coal export terminal at Cherry Point, in Whatcom County, Washington

Pacific International Terminals (PIT) — a subsidiary of SSA Marine and the applicant for the GPT project

SSA Marine — parent company over PIT

FRS Capital Corp — parent company over Carrix. Carrix is the parent company over SSA Marine

Cloud Peak Energy — presently has a 49% interest in PIT/GPT, and has an agreement with SSA Marine for an option to ship up to 17.6 million short tons of capacity per year through GPT

Arch Coal — in January, 2011, Arch Coal acquired a 38% equity interest in Millennium Bulk Terminals-Longview, LLC and its proposed Millennium Bulk Logistics Terminal. Arch Coal filed for Chapter 11 bankruptcy on January 11, 2016. Since Arch Coal filed for Chapter 11 bankruptcy, the stock has lost more than 80% of its value, and effective January 12, 2016, trading in Arch Coal common stock was suspended on the New York Stock Exchange

Millennium Bulk Terminals-Longview Coal Export Terminal — a proposed coal export terminal project to redevelop an operating bulk materials port on the Columbia River in Longview, Washington, for the export of 44 million metric tons of coal annually. The terminal is served by BNSF and Union Pacific railroads

Millennium Bulk Terminals-Longview, LLC (formerly Millennium Bulk Logistics) — a subsidiary of Australia-based Ambre Energy that was a majority (62%) partner in the Millennium Bulk Logistics Longview Terminal project (Arch Coal has a 38% interest). In November 2014, Ambre Energy sold its two Rocky Mountain coal mines and its stake in proposed coal export terminals planned for Washington and Oregon to Resource Capital Funds (a Denver, Colorado private equity firm) for $18 million, according to company filings with Australian regulators

Resource Capital Funds (RCF) is a long-established investor in Ambre Energy, maintaining a voting position on the company’s board, and loaning Ambre approximately $95 million. RCF bought the Decker mine in Montana, and the Black Butte mine in Wyoming, along with Ambre’s stake in the Morrow Pacific Project in Oregon and its stake in Millennium Bulk Logistics Longview Terminal in Washington

Ambre Energy had purchased Cloud Peak Energy’s 50% interest in Decker mine and related assets in September of 2014, and assumed 100% ownership of Decker Mine. Part of that deal included an option granted to Cloud Peak Energy for up to 7 million metric tonnes per year of throughput capacity at the proposed Millennium Bulk Logistics Longview Terminal, and Ambre Energy’s assumption of all reclamation and other Decker liabilities and replacement of Cloud Peak Energy’s $66.7 million in outstanding reclamation and lease bonds

Under the deal between RCF and Ambre Energy, RCF would operate under the name Ambre Energy North America, and the leadership team would stay the same. In April 2015, Ambre Energy North America changed its name to Lighthouse Resources Inc. Lighthouse Resources is a privately held company headquartered in Salt Lake City, Utah

BNSF Railway — applicant for the interrelated (to GPT) Custer Spur rail project and company that would transport coal from WY and MT to the proposed GPT and Millennium Bulk coal export terminals

Berkshire Hathaway — parent company over BNSF

Boich Companies — Boich Companies is a privately held coal mining and marketing company headquartered in Ohio, and is a joint-owner of Signal Peak Energy, LLC (Signal Peak Coal Mine) in Montana. Signal Peak Energy is jointly-owned by Boich Companies, FirstEnergy Corp., an Ohio-based utility company, and Pinesdale LLC, a wholly-owned subsidiary of Swiss commodity trader Gunvor Group, Ltd. The three partner companies formed an entity, Global Mining Holding Company LLC, to hold all the ownership interests. Global Mining Holding Company’s owners are FirstEnergy Ventures, a subsidiary of FirstEnergy; WMB Marketing, a Boich subsidiary; and Gunvor Group

Signal Peak Energy is a major exporter of coal, primarily to Asia, so it’s likely that Boich Companies is interested in getting a contract for shipping/exporting its Signal Peak coal to Asia through GPT in Whatcom County, WA. It is currently shipping coal through Westport Terminal in British Columbia. Signal Peak Energy is jointly-owned by Boich Companies, FirstEnergy Ventures (Ohio-based utility company), and Pinesdale LLC, a wholly-owned subsidiary of Swiss commodity trader Gunvor Group, Ltd.

Boich Companies is part owner Global Coal Sales Group which acquires coal mined at its affiliate Signal Peak Energy’s mine, from FirstEnergy Generation (a subsidiary of FirstEnergy Corp), and sells the coal in the international market. Global Coal Sales Group LLC, contributed $50,000 to the coal interest-funded Political Action Committee SaveWhatcom, during the 2013 Whatcom County election

National Mining Association (NMA) — is the national trade organization of the U.S. mining industry representing mining interests before Congress, the Administration, federal agencies, the judiciary, media, and the public. NMA also has at least two Political Action Committees.
Cloud Peak Energy, BNSF Railway, Peabody Energy, Millennium Bulk Terminals, Arch Coal, and Lighthouse Resources are listed members of the National Mining Association

Goldman Sachs — it was announced on July 5, 2007, that Goldman Sachs Infrastructure Partners committed to equity investment in Carrix (parent company over SSA Marine), giving Goldman Sachs Infrastructure Partners a 49% interest in Carrix). This funding was integral to the Gateway Pacific Terminal project. In January 2014, Goldman Sachs pulled out of the GPT project, selling its 49% interest back to SSA Marine.

Barabaig and Masai Gain Cattle Grazing Access in Tanzania

Barabaig and Masai Gain Cattle Grazing Access in Tanzania

By Mary Louisa Cappelli, PhD, JD / Globalmother.org

Featured image: Barabaig pastoralist

Katesh — After a fifty-year struggle against land grabbing by foreign agribusiness corporations, nomadic pastoralists in the Hanang District of Eastern Tanzania have finally won Certificates of Customary Right of Occupancy pursuant to the 1999 Land Act No. 5. With legal assistance from The Ujamaa Community Resource Team, The Barabaig and Masai in the villages of Mureru, Mogitu, Dirma, Gehandu and Miyng’enyi now have much needed access to approximately 5,500 hectares of grazing land for their cattle.

While several villages have benefited from the decision to enforce the 1990 Land Act No. 5, the Barabaig of the Basuto Plains have not been recognized in the latest issuance of Certificates of Customary Right of Occupancy. The Barabaig have been engaged in a  fifty-year struggle to maintain their cultural integrity against the jurisprudent land policies of privatization and villagization, which have systematically suspended their constitutional rights and legal protections. The powerful infiltration of neoliberal forces culminating in land and resource grabbing has fashioned a geographical landscape of displaced indigenous peoples struggling to restructure their lives in uninhabitable terrain that supports relatively few life forms. While recording mythohistories amongst the Barabaig women, I have had the opportunity to witness first hand how the Barabaig have resisted globalizing forces that have pushed them to the farthest regions of the Basuto Plains.

Slide21

Barabaig drinking from what remains of sole water source

Land Policy

The restructuring of socio-geographic areas in the interest of globalization has been most visible in the legal system in regards to land policy jurisprudence and administration, demonstrating how global discourse circulates in such a powerful system as to suspend constitutional rights and protections of the Barabaig Peoples. For many years, first President of the United Mwalimu Julius K. Nyerere’s philosophy on land holdings has shaped Tanzanian land policy. Rejecting the commoditization of land, Nyerere believed land was God’s gift to humanity and therefore could not be privatized. In his discussion of land holdings, he argues:

This land is not mine, but the efforts made by me in clearing that land enable me to lay claim of ownership over the cleared piece of ground. But it is not really the land itself that belongs to me but only the cleared ground, which will remain mine as long as I continue to work on it. By clearing that ground I have actually added to its value and have enabled it to be used to satisfy a human need. Whoever then takes this piece of ground must pay me for adding value to it through clearing it by my own labour. (Nyerere 1966)

This philosophy treats land as a fundamental right of human needs and not as commodity. This sentiment is further expressed in “The Nyerere Doctrine of Land Value” in the case of Attorney- General v. Lohay Akonaay and Another (Sabine 1964). [i] Accordingly, it is the public who possess land rights and an individual has a right to occupancy to use the common land belonging to the public. The duration of the Right to Occupancy can last from anywhere between 33 to 99 years depending on location and usage. The 1923 Land Ordinance of 1923 to 1999 referred to this title as a Deemed Right of Occupancy, based on occupation to confer ownership. “The majority of the people living in the rural areas—and who form more that 80% of the population of Tanzania hold their land under this system” (Peter 2007).

IMG_0055

Today, President John Magufuli is the trustee of Tanzanian public lands and it is Magufuli who has the power and authority to decide what is in the public’s interest in terms of land decisions. Magufuli holds the power to “repossess land on behalf of the public for construction of roads, schools, hospitals etc.” (Peter 2007). Land can and has been taken from indigenous peoples without compensation for the land.  In return the occupier is compensated for unexhausted improvements to the land, including houses, structures, crops; however, the occupier is not compensated for the land itself.

Legal Decisions Support Agribusiness Ventures

The implementation of the commoditization of land and resources can be seen in the 1960 decision to cultivate wheat in the Arusha Region of Hanang District. The United Republic of Tanzania along with the Canadian Food Aid Programme launched the Basotu Wheat Complex securing ten thousand acres of Barabaig land for wheat farming. In 1970, the National Agriculture and Food Corporation (NAFCO) expanded the project developing several large scale wheat farms securing 120,000 hectares of Barabaig pasture land, including homesteads, water sources, sacred burial grounds, and wild life.

Sadly, many Barabaig were unaware of the legal maneuvering for their land and first found out about it when tractors ploughed through their homesteads. According to reports and interviews, NAFCO failed to give due process to people living on their land at the time and were deemed to be trespassers on their own property. Chief Daniel recalls how he was jostled from sleep and ordered to leave. “We were forced off our own land by gunpoint,” he said.

A girgwagedgademga (council of women) with Chief Daniel

A girgwagedgademga (council of women) with Chief Daniel

In the 1981 Case of National Agricultural and Food Corporation v. Mulbadaw Village Council and Others, the Barabaig sought legal protection and sued the National Agricultural and Food Corporation (NAFCO) for trespass on their land at the High Court of Tanzania in Arusha. While the High Court of Tanzania (D`Souza, Ag. J.) ruled in favor of the Barabaig Plaintiffs, stating that the Barabaig occupied land under customary title,  the Court of Appeal of Tanzania overturned the decision and ruled in favor of NAFCO stating that, “The Plaintiffs/Respondents – Mulbadaw Village Council did not own the land in dispute or part of it because they did not produce any evidence to the effect of any allocation of the said land in dispute by the District Development Council as required by the Villages and Ujamaa Villages Act of 1975” (Peter 2007).  In effect, the Village Council had trespassed by entering their own traditional lands, the Court of Appeals ruling that the villagers failed to meet the burden of proof that they were natives within the meaning of the law.

Legal analysis of case precedence is evidence that the Tanzanian government discounted Barabaig collective customary rights, discounted Barabaig tripartite land holding practices, ignored detrimental ecological effects derived from alienation of pastoral lands, and moreover privileged the privatization and commodification of land and foreign and national interests over local indigenous rights. Political power backed by powerful interest groups proved in this case study that power is not the same as law and that in the world of nation-states, placelessness and dispossession is a political byproduct of globalization.

In 1987, Tanzania, submitting to pressure to follow “global norms of behaviour,” decreed the Extinction of Customary Land Right Order.  This extinguished land occupation under customary law, precluding Barabaig from exercising customary land rights protection (Larson and Aminzade 2009). Subsequently, when the Barabaig migrated during dry seasons, they left their lands with little evidence of occupancy, resulting in encroachment by external forces. The government began the process of Villagization, whereby the Barabaig were given portions of unused land deemed unsuitable for commercial purposes with little water resources.  The Barabaig were subsequently settled (land-locked) in villages. The Villagization of the Barabaig drastically interfered with customary land practices, nomadic land use patterns, and livestock herding traditions.

According to Shivjii Chairman of the Presidential Commission of Enquiry into Land Matters, the movement of people into villages was achieved with “little regard to existing land tenure systems and the culture and custom in which they are rooted” (2007).  The Barabaig surrendered their traditional migratory herding strategies and were forced to graze their cattle in a migratory cycle marked by a restricted one-day distance from their homestead. The concentration of livestock on this pattern of limited grazing has adversely impacted its ecosystems resulting in a “decline of levels of pastoral production and welfare” (Peter 2007).

Mama Paulina and widow

Mama Paulina and widow

 

The Land Tenure reform is based on the premise that indigenous land tenure systems act as an obstruction to development and that more formal registered land title will encourage rural land users to make investments to improve their land investments through the provision of credit. The Tanzanian administrative structure grants each village a statutory title to land and further argues that granting titles and providing credit for land improvements will thwart encroachment by external forces; however, under the Customary Land Ordinance this has led to the holding of double titles leading to further complications of legality of ownership.  The Barabaig case provides contrary evidence demonstrating that both objectives have failed to ward off encroachment by outsiders to enclose land for crop cultivation.

In addition, Land Use Appropriation by Foreign interests have interfered with traditional migratory patterns to water sources, denying Barabaig access to water during the dry seasons.  Traditionally, Barabaig herders migrated eastward out of the village in the dry season to gain access to permanent water sources on the shores of Lake Balangda Lelu. The land allocation plans fail to recognize the indigenous needs of water sources; moreover, these allocations do not take into account the complexity of the traditional land use patterns in and beyond village boundaries. Because the Barabaig follow an animistic belief system that recognizes the interdependency and reverence of all life forms, displacement from their land and ancestral gravesites disrupts their sacred patterns of worship and traditional ways of being and living in the world.

The Barabaig were unaware of the Land Use Planning Provisions at the time and hence did not object to them because they did not realize how it would limit their migratory grazing patterns and obstruct their traditional livelihoods.  According to Barabaig Chief Leader Daniel, plans were purposefully “ambiguous” and unclear with little account taken of their pastoral economy.  Facing starvation, many pastoralists experienced a sense of cultural, spiritual and economic placelessness, and have been forced to give up their livelihood and migrate to squatter settlement areas in Arusha or Dar es Salam.  “They fill the perio-urban shanties to eke out a living as best they can in the informal economy or become burdens of the state as the industrial and commercial sectors have no capacity to absorb more workers” (Lane 1990).

chief daniel

The issuance of Certificates of Customary Right of Occupancy provides a temporary legal tourniquet against the inhumane assault on indigenous livelihoods. According to Attorney Edward Ole Lekaita from The Ujamaa Community Resource Team in the Arusha District, efforts have begun once again to take up the legal gamut to secure customary title deeds for the Barabaig of the Basuto plains.

About the author: An interdisciplinary ethnographer, Mary Louisa Cappelli is a graduate of USC, UCLA, and Loyola Law School whose research focuses on how indigenous peoples of the global South struggle to hold onto their cultural traditions and ways of life amidst encroaching capital and globalizing forces. She previously taught in the Interdisciplinary Program at Emerson College and is the director of Globalmother.org, a Tanzanian WNGO, which engages in participatory action research and legislative advocacy in Africa and Central America.  

References:

Aminzade, R. and Larson, E. “Nation-building in post-colonial nation-states: the cases of Tanzania and Fiji.” International Social Science Journal  Vl. 59: (2009):1468-2451.

Lane, R.  Charles. “Barabaig Natural Resource Management: Sustainable Land use under Threat of Destruction.” United Nations Research Institute for Social Development Discussion. Discussion Paper (1990): No 12.

Nyerere, J. K. Freedom and Unity: A Selection from Writings and Speeches

1952-1965. London: Oxford University Press, 1966.

Peter, Maina, Chris. “Human Rights of Indigenous Minorities in Tanzania and the Court of Law.” Journal of Group and Minority Rights, 2007.

Sabine, G. H. A History of Political Theory, London: George G. Harrap & Co. Ltd, (1964): 527-528.