Featured image: The Serapo Gate is one of three port of entries located on the Tohono O’odham Nation that tribal members can use to travel into Mexico. By Jacelle Ramon-Sauberan
TUCSON, ARIZONA—The Tohono O’odham Nation Executive Branch is firm on their stance against a border wall being built.
“[It’s] not going to happen,” said Tohono O’odham Nation Chairman Edward Manual. “It is not feasible to put a wall on the Tohono O’odham Nation…it is going to cost way too much money, way more than they are projecting.”
TON Chairman Manuel went on to say, “It is going to cut off our people, our members that come [from Mexico] and use our services. Not only that we have ceremonies in Mexico that many of our members attend. Members also make pilgrimages to Mexico and a border wall would cut that off as well.”
On January 25, President Donald Trump signed executive actions to begin construction of a border wall along the U.S.-Mexico Border. Seventy-five miles of the U.S.-Mexico border runs through the Tohono O’odham Nation (TON).
On January 26, the TON’s Executive Branch sent out a press release stating that they do not support the building of a border wall and invited President Donald Trump to the Tohono O’odham Nation.
“We have been working with other law enforcement agencies any way we can because we are limited on funding and we are using our monies for border enforcements and helping out Customs and Border Patrol,” said Manuel. “We spend our own monies on them and helping migrants that are sick.”
Furthermore, the TON pays $2,500 per autopsy for bodies found on the reservation. Richard Saunders, TON Executive Director of Public Safety, said they found 85 bodies last year, ranging from recently deceased to completely decomposed.
“We spend about $3 million a year and we never get fully reimbursed on those costs,” Manuel said.
On February 8, the Tohono O’odham Legislative Council (TOLC) passed Resolution 17-053 which states, “…while the Nation coordinates closely with CBP and ICE and has supported the construction of vehicle barriers, the Nation opposes the construction of a wall on its southern boundary with Mexico…”
The resolution went on to list what would be affected from a border wall which included: deny tribal members to cultural sites; injure endangered species such as the jaguar and militarize the land on the TON’s southern boundary.
On February 10, the Inter Tribal Association of Arizona passed Resolution 0117, supporting the TON by opposing the construction of a border wall and “the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Section 102(c) waivers of federal and other laws on tribal lands.”
Manuel and TON Vice Chairman Verlon Jose took a trip to Washington, D.C. from February 11-16 to attend the National Congress of American Indians Executive Council Winter Session and to meet with individuals.
Jose said they met with a lot of people during their time in D.C. which included Department of Homeland Security, the Congressional delegates from Arizona, the White House Office of Public Engagement and Intergovernmental Affairs and New Mexico State Senator Tom Udall.
Looking west, the U.S.-Mexico Border is visible for miles as well as the access road Border Patrol Agents use to monitor activity. Mexico is on the left side of the fence and the Tohono O’odham reservation is on the right side. By Jacelle Ramon-Sauberan
Jose said the TON gave a formal presentation at NCAI and made another formal invitation to President Trump to come to the Tohono O’odham Nation.
“We are a sovereign nation so they have to come talk to us before they make a decision, that is what we told the Congressional people,” Manuel said. “We want to sit at the table if there is going to be any discussion on a wall along the international boundaries because it is going to impact us directly.”
Jose said they received an overwhelming amount of support in D.C. especially from tribal leaders.
So much so, that NCAI passed Resolution ECWS-17-002, supporting the Tohono O’odham Nation and opposing a border wall.
“The NCAI resolution is a clear statement from our Native American brothers and sisters across the country that they will not see their land seized or their rights trampled by this administration. Trump may have bullied his way into the White House by spreading delusions of a border wall, but if he expects to bully the tribes whose land the wall would cut across, he is gravely mistaken. Native Americans will not give legal consent to any entity determining what happens with their sovereign lands, and will in every way possible oppose the Trump Administration’s plans to build a wall on tribal land,” stated a press release from Arizona Congressman Raúl M. Grijalva and New Mexico Congresswoman Michelle Lujan Grisham.
On February 17, the day after they came back from Washington D.C., Manuel and Jose were part of a border wall panel discussion organized by tribal members. The panel was held in the TOLC Chambers in Sells, Arizona. Almost every seat was filled that Friday evening.
The other panelists included Billman Lopez the Domestic Affairs Chairman for the Tohono O’odham Legislative Council, Lucinda Allen TOLC Vice Chairwoman, Adam Andrews a graduate of the Indigenous Peoples Law and Policy Program at the University of Arizona’s James E. Roger College of Law and James Diamond, Director of Indigenous Peoples Law and Policy Tribal Justice Clinic at UA.
Each panelist had five minutes to address Border Safety, Narcotics and Smuggling, Environmental Impacts, Cultural Aspects and Solutions, what is the next step. Afterwards audience members had the chance to ask questions.
On February 20, Shining Soul released a music video for their song “All Day.”
“In light of Trump’s proposed wall, Shining Soul decided to highlight the faces and voices of those who would be negatively impacted by it; Borderland communities such as the Tohono O’odham Nation, Tucson, Arizona and Nogales, Sonora,” according to a press release.
On February 21, the TON Executive Branch released a video called “There is No O’odham Word for Wall.” The six-minute video highlights the TON Executive Branch’s opposition against a border wall while offering background information about the TON.
On February 28, the Native American Student Affairs at the University of Arizona held a discussion about the border wall as part of their Social Injustice Series. There were over 50 people who attended the talk.
“A border wall would not work right now because all the right parties are not at the table,” Jose said. “Take a look at other countries that have built walls, have they worked? There is a lot of other things that come with building a wall, we don’t know if they are looking at that and this border has already cut our home in half.”
Indigenous communities across Guatemala have brought the country to a standstill for the second day in a row. Blockading major crossroads and highways, the nationwide peaceful demonstrations are protesting against the Guatemalan congress’s rejection of a constitutional reform that would legally recognize indigenous justice as part of the country’s judicial system.
An estimated 60 percent, or more than 6 million inhabitants, make up Guatemala’s population (IWGIA). Yet indigenous systems of justice, wherein local authorities rule on community issues, have been looked down upon by a country that continues to hugely discriminate against its majority indigenous population. The reforms face opposition from conservatives and major businesses that control most of Guatemala’s land and economy. Although many of these business interests campaigned against the reforms under the guise of fearing “legal confusion,” indigenous activists and leaders at the protests describe the opposition as deriving from a fear of losing any of their elite power to those who have been oppressed and exploited for centuries–Indigenous Peoples.
Photo: Anna Watts
At Los Encuentros, one of the most important crossroads between major cities located along the Pan-American Highway, thousands of indigenous people of the Sololá region gathered to participate in the blockades. Carrying handmade signs and led by their respective indigenous leaders, community groups unloaded from packed cargo trucks and chicken buses, carrying ready-made lunches to last through a full day of protesting.
By 8:30 AM, every tienda, comedor, and tortilla stand had been closed down and locked up, a rare sight for the ever-bustling highway hub. The majority indigenous city of Sololá was deserted; not a car in sight nor shop windows open. Pick-up trucks and makeshift blockades of boulders and large tree branches cut off traffic between smaller communities surrounding Lake Atitlán.
Protesters organized and coordinated solely by means of meetings and phone calls between indigenous community leaders. Use of Internet or social media to communicate and gain protest support was entirely avoided out of fear of vulnerability and tracking by police and those opposing the reforms. This distrust was reflected in weak media coverage of the protests; in spite of the thousand plus standing in solidarity at Los Encuentros, only one reporter from a local agency showed up with a small video camera.
Featured image: A Yukpa woman tends laundry high in the clouds of the Yukpa lands, which rise over 3000 meters in the Sierra Perijá on the border of Colombia and Venezuela.
A community of indigenous Yukpa saw their land reduced to a third of what it once was due to violence and intimidation. Now Colombia’s Land Restitution Unit is helping the community return to their lands.
The spiritual equilibrium essential to the Yukpa community is off balance. Ancestral burial grounds have been desecrated by invaders; the trees that house the spirits are being cut down; and the wild game that Yukpa men once hunted with zeal is no longer available. The same limitations preventing the community from practicing its culture are preventing Yukpa parents from passing these activities, words, and stories down to new generations.
“The loss of culture is very real. Our children won’t know anything about the Yukpa if we aren’t rescued from extinction. If we don’t have space to preserve our culture, I guarantee that in thirty years, our culture will disappear,” says Andrés Vence, council leader of a Yukpa community consisting of 120 families living on 300 hectares in the Sierra Perijá on the border of Venezuela and Colombia.
“Culture’s longevity depends on territory.”
The yukpa believe that land is the key to allowing their culture, customs and beliefs to flourish.
There are an estimated 6,000 Yukpa remaining in Colombia, and the majority live on autonomous lands known asresguardos.Over the past thirty years, the Yukpa community living in La Laguna has been victim to abuse and intimidation stemming from the armed conflict. The community has also seen its ancestral lands become increasingly occupied by “outsiders,” whom they refer to as colonists. Now, the community is pushing back by launching an ethnic restitution claim that seeks to recover 964 hectares of land and allow the community the space it needs to flourish.
HUMILIATION AND ABUSE
In 1982, the guerrilla group known as the FARC came to Yukpa territory to recruit. Andrés Vence was abducted for eight days to be indoctrinated. He and the Yukpa resisted, but then another guerrilla group known as ELN arrived the following year. After the ELN abducted several young men, Vence and his men–armed with just bows and arrows–marched into the guerrilla camp and took their children back, saying the Yukpa would not participate in any war.
A Yukpa security guard, still armed with bow and arrow.
When the Colombian military entered the scene in the mid-1990s, the situation turned for the worst. Yukpa families could no longer move freely from house to house, leading to the systematic abandonment of more than 900 hectares of land. For years, military checkpoints restricted the flow of food between families. As if that wasn’t bad enough, paramilitary groups—who were often the same members of the military—came to the Yukpa villages at night to terrorize the community.
“They abused and humiliated us,” says Vence. “I think it was all in the hopes that we would open our mouths and say something that gave them the right to murder us.”
Andrés Vence, mayor and leader of the Yukpa community making the restitution claim.
DOCUMENTED HISTORY
In 2015, the regional Land Restitution Unit (LRU) in Cesar focused on “characterization studies,” an essential piece of evidentiary material that documents the background, victimization, and suffering of indigenous communities who wish to reclaim their land. Characterization is a critical step in substantiating an ethnic restitution claim. The USAID-funded Land and Rural Development Program* partnered with the LRU to expedite the process.
Over the course of six months, researchers visited the Yukpa, where they interviewed individual members and held focus groups. They also collected materials from the government, non-governmental organizations, academic texts, and the media. The end result was nearly 200 pages of history, mapping, experience, and evidence presenting how the armed conflict contributed to the decimation of the Yukpa’s culture, livelihood, and overall prosperity.
In addition to carrying out the characterization studies, USAID helped regional restitution offices improve coordination with partner members of the Victims Assistance and Comprehensive Reparations System and municipal officials.
“The partnership gave us operating capacity. Without this support, we would have taken another one or two years to get to this case,” says Jorge Chávez, Director of the Land Restitution Unit in Cesar.
The document will be filed as part of the Yukpa community’s land restitution claim, which will go before a restitution judge before the end of the year. By law, judges must issue a ruling within six months after a restitution claim is filed in the court. In Cesar, the Yukpa case will be the third ethnic restitution case to reach the courts, making the department an important player in the nationwide effort to heal the historic rift between the government and Indigenous Peoples.
Colombia’s indigenous communities are often the country’s most vulnerable. Over the past five years, Colombian restitution judges have issued three ethnic restitution sentences, delivering over 124,000 hectares of land back to indigenous communities.
There are currently over 24 ethnic restitution cases in the characterization phase that stand to affect over 10,000 families in Colombia.
“All over the country, there are ethnic restitution cases reaching judges. The LRU is in its fifth year and these cases are becoming more and more important to resolve. This particular case is very important because the Yukpa are losing their cultural identity, and we recognize that,” according to Chávez.
In its five years, restitution judges have issued three ethnic restitution sentences, delivering over 124,000 hectares of land back to indigenous communities.
As the Yukpa wait on the judge’s ruling, the case’s progress has emboldened Vence to mobilize the community—including the older citizens known asYimayjas—to transmit the collective memory and cultural skills like weavingmochilas, practicing spiritual rites, and crafting shields to fend off malignant spirits.
Every Wednesday and Friday, Yukpa children attend “Yukpa studies” at the only school in the resguardo.
A favorable ruling will be key to restoring Yukpa faith in the Colombian government. “We’ve put pressure on the government for many years to do this, so our hope is temporary. We watch television, and indigenous culture is never part of the conversation. Indigenous communities are the most vulnerable,” explains Vence.
* Nicholas Parkinson works for the Land and Rural Development Program.
Nicholas is an NGO writer currently based in Bogota, Colombia and working on a large land tenure program that sets out to strengthen government land administration agencies to better serve millions of victims displaced by the violence. Over the past six years, he has worked mainly on agriculture-focused projects in Ethiopia, Liberia, Uganda and Somalia, among others. He specializes in NGO documentation and teaches local writers how to create attention-grabbing stories for their NGOs. On hisweblogyou can find stories from his immigrant life, some thoughts on development aid, and a strong dose of rock climbing and adventure.
On November 1, 2016, the Constitutional Chamber of Costa Rica’s Supreme Court provided some good news to a Terraba (Teribe) Indigenous territory when it stopped the state-run Costa Rica Electricity Institute (ICE by its Spanish acronym) from going forward with the Diquis hydroelectric project for failing to consult Indigenous communities who would see part of their lands flooded.
The permit, issued in 2007 under former President Oscar Arias, had declared the dam to be located at the mouth of the General River Valley in the southern Pacific and part of the country of “national interest.”
The court ruling did not question the “national interest” part of the permit, but said ICE had failed to comply with a previous high court order to adequately consult the Indigenous communities. The project has been stalled since 2011 over the Indigenous consultation issue.
The 650 megawatt hydroelectric project was to be the largest such project in Central America. The project’s reservoir would occupy 7363 hectares of land, 830 hectares of which are Indigenous territories, and displace over 1547 people.
The project would also flood 10 percent of the Terraba (also known as Teribe) China Kichá Indigenous territory (104 hectares) and 8 percent of another Terraba communities of Curré and Boruca (726 hectares). Officials estimate that 200 sacred Indigenous sites would be destroyed by the reservoir.
Some see the development as very positive. The $2.5 billion project would provide employment in the region to 3,500 people. The Diquis project would increase that renewable energy capacity and also allow Costa Rica to sell energy to neighboring Central American countries. Costa Ricans are proud of their electrical energy system which provides energy mostly from renewable resources. In 2016, the country went most of the year without resorting to using oil-fired thermal generators. But sometimes even renewable energy has high cost, especially when it comes to hydro-electric dams.
The high court ruling referred to Article 8 of the Arias Administration decree which would have allowed ICE to gather materials for the dam, power station, and connected works in locales in the areas of El General, Buenos Aires, Changuena and Cabagra, despite the fact that Indigenous people live in the areas.
According to the Constitutional Chamber’s press office, the annulled article was challenged previously in September of 2011, when the court determined that the decree was constitutional just as long as the Indigenous communities were consulted within a period of six months from the notification of the ruling.
However, early the next year, the court ruled that the six months established by the Court had passed and the consultation had not been made. “The Constitutional Chamber has demonstrated that, in fact, in the space of time established in the 2011-12975 ruling, the referred to consultation was not made nor did any party come to this Chamber request an extension of the time limit granted. Therefore, since the condition dictated in ruling 2011-12975 have not been met, the Article 8 of the No. 34312-MP-MINAE executive decree is unconstitutional because the consultation failed to occur,” said the press office.
The Terraba say they are not interested in the offers made so far to relocate their communities to other lands and provide them with well-paid jobs. “We don’t believe in the promises of employment for Indigenous Peoples, as up until today it had been demonstrated that all the qualified and best paid personnel have been brought from outside, Indigenous workers are used only to break rocks,” said community leader Jehry Rivera.
For Indigenous people, ICE offers are only opportunism. Indigenous Peoples want better lands and compensation in order to agree for the project to go forward.
The Court said that the consultation of Indigenous communities under Costa Rican law was necessary since the project is located in areas declared as an Indigenous reserve, “In fact, Costa Rica could be in violation of not complying with international conventions in relation to the autonomy of Indigenous Peoples over their territory. Costa Rica is a signatory of the International Labor Organization’s Convention on Indigenous and Tribal People.”
Indigenous Peoples are not the only ones opposed to the project. Environmentalists say that the dam’s reservoir would dry up the intensely green Térraba River Valley and would destroy irreplaceable habitats such as the Ramsar wetland and the river delta that drains into the Pacific. The wetlands and delta are the nesting grounds for many species including the endangered hump-back whale.
–John McPhaul is a Costa Rican-American freelance writer based in San Juan, Puerto Rico. During his many years in Costa Rica, the land of his birth, he wrote for the Miami Herald, Time Magazine and Costa Rica’s The Tico Times among other publications.
A mining company in India has renewed its efforts to start mining on the sacred hills of the Dongria Kondh people, despite previous defeat in the Supreme Court, and determined opposition by the tribe.
The Dongria Kondh consider the Niyamgiri Hills to be sacred and have been dependent on and managed them for millennia. Despite this the Odisha Mining Corporation (OMC), which previously partnered with British-owned Vedanta Resources, is once again attempting to open a bauxite mine there.
In February this year, OMC sought permission from India’s Supreme court to re-run a ground breaking referendum, in which the Dongria tribe had resolutely rejected large-scale mining in their hills. This petition was thrown out by the Supreme Court in May.
India’s Business Standard reported recently that OMC is gearing up for yet another attempt to mine, after getting the go-ahead from the government of Odisha state.
Dongria leader Lodu Sikaka has said: ”We would rather sacrifice our lives for Mother Earth, we shall not let her down. Let the government, businessmen, and the company argue and repress us as much as they can, we are not going to leave Niyamgiri, our Mother Earth. Niyamgiri, Niyam Raja, is our god, our Mother Earth. We are her children.”
For tribal peoples like the Dongria, land is life. It fulfills all their material and spiritual needs. Land provides food, housing and clothing. It’s also the foundation of tribal peoples’ identity and sense of belonging.
The theft of tribal land destroys self-sufficient peoples and their diverse ways of life. It causes disease, destitution and suicide.
Only the Dongria’s courageous defence of their sacred hills has stopped a mine which would have devastated the area: more evidence that tribal peoples are better at looking after their environment than anyone else. They are the best conservationists and guardians of the natural world. Protecting their territory is an effective barrier against deforestation and other forms of environmental degradation.
President-elect Donald Trump says that he will build a wall along the U.S.-Mexico border. It will stop undocumented immigrants from entering the country. It will stop drugs from entering the country. It will be 50 feet tall. It will be nearly a thousand miles long. And it will cut the traditional lands of the Tohono O’odham Nation of Arizona in half.
The Tohono O’odham reservation is one of the largest in the nation, and occupies area that includes 76 miles of the U.S.-Mexico border. However, the tribe’s traditional lands extend deep into Mexico, and tribal members live on both sides of the border: With tribal identification, they cross regularly to visit family, receive medical services, and participate in ceremonial or religious services.
The prospect of slicing their homelands in two? Not welcome.
“Over my dead body will a wall be built,” says Verlon Jose, vice chairperson of the Tohono O’odham Nation. “If he decides to build a wall, he’s going to need to come talk to us, unless he wants to see another Standing Rock.”
In other words, to build the wall, Mr. Trump will have to fight for every single mile of Tohono O’odham land—legally, and possibly even physically.
And they’re not the only tribal nation that would be impacted by the wall.
Robert Holden, deputy director of the National Congress of American Indians, points to the Ysleta Del Sur in Texas and tribes in California, such as the Kumeyaay, who have relatives in Mexico. “There’s significant tribal sovereignty at stake here,” Holden says.
Currently, a vehicle barrier on Tohono O’odham land separates Mexico from the United States. It’s stopped cars and trucks from crashing across the border but hasn’t significantly curbed illegal activities in the area.
The nation sits inside what the Department of Homeland Security calls the Tucson Sector—262 miles of border stretching from New Mexico almost entirely across Arizona, and one of the busiest areas for illegal border activity in the U.S. In 2015, more than 60,000 pounds of marijuana, cocaine, methamphetamine, and heroin were seized by Tucson Border Patrol. According to officials, that same year, Border Patrol handled more than 2,100 drug cases, and some 680 smuggling cases were prosecuted out of the Tucson Sector.
But despite the statistics, the Tohono O’odham have resisted more intrusive physical barriers within their territory.
“The people of the Tohono O’odham Nation have always been against a wall,” says Jose. In the 1990s, he adds, federal agencies discussed a wall or some other additional security barrier, but the tribe resisted, and the plan was dropped.
In order to deal with criminal activities in the area, the nation has opted to work with the Department of Homeland Security, U.S. Immigration and Customs Enforcement, as well as Border Patrol. For instance, the Shadow Wolves—a Tohono O’odham tactical patrol unit—have worked with DHS since the early 2000s and are responsible for seizing thousands of pounds of illegal drugs and for hundreds of arrests on the reservation. And tribal law enforcement has worked closely with federal authorities as well as tribal communities to maintain a semblance of safety and order.
This doesn’t mean things are peachy down on the Tohono O’odham reservation, though: Tribal members say they are routinely harassed by Border Patrol; cultural and religious items are frequently confiscated; and detentions and deportations of tribal citizens are not uncommon. In 2014, two tribal members were hospitalized after being shot by a Border Patrol agent. The situation has often been compared to a Berlin Wall-like scenario, but the tribe has fought for and maintained the ability to enjoy its traditional homelands—at least more than if a wall were running through the middle of it.
“Let me come into your home and build a wall directly in the middle of your house and tell me what impacts that would have on you?” says Jose. “This land is our grocery store; this land is our medical facility, where we get our medicinal remedies from; this land is our college and university. Our sacred sites are in Mexico; our ceremonies are in what is now Mexico. The border is an imaginary line to us.”
Border Patrol officials declined to comment on the proposed wall or how the agency has worked with the Tohono O’odham in the past.
“Beyond the practical difficulties of building and maintaining such a wall, it really would undermine a lot of cooperative agreements that law enforcement rely on to police that border,” says Melissa Tatum, a law professor at the University of Arizona. “If they’re not cooperating with the Tohono O’odham that help to secure the border, it creates incentives to have more resistance.”
In the short term, when it comes to securing the border, there are no easy answers or solutions. But when it comes to working with tribal nations on the issue, in the eyes of the Tohono O’odham, Trump’s proposed wall represents either gross ignorance or blatant disregard for tribal sovereignty. And if construction begins, it could signal the winding back of clocks on U.S.-tribal relations on the border.
“I can’t even imagine how far it would set us back,” says Tatum. “More than a hundred years.”
Tristan Ahtone wrote this article for YES! Magazine. Tristan is a journalist and member of the Kiowa tribe of Oklahoma. His work has appeared on and in PBS NewsHour, National Native News, Frontline, Wyoming Public Radio, Vice, Fronteras Desk, NPR, and Al Jazeera America.
