Maya Stand Trial in Belize for Defending Their Land

Maya Stand Trial in Belize for Defending Their Land

By Cultural Survival

Thirteen Maya villagers will be standing trial in Belize on March 30th, 2016, under fabricated charges. Like many Indigenous leaders fighting to protect their lands, they are being criminalized for these actions, and may face prison time.

On the early morning of June 24th, 2016, traditional leaders of the Maya people of Southern Belize were violently awoken in their homes by police. Charges were brought against 13 people, including 10 farmers, two traditional Maya leaders, and Q’eqchi community spokesperson Cristina Coc, advisor to the traditional leaders and mother of two.

The Maya leaders’ alleged crime relates to the defense of the Uxbenka archaeological site, a sacred site to the Maya people, located within traditional lands titled to the Maya people under national and international laws.  The disputed conflict arose after Mr. Rupert Myles, a Belizean citizen, illegally constructing a house on the grounds of the ancient temple against the advise of the community. According to the Maya community members, the Belize authorities failed to respond to their call  to stop Mr. Myles from doing further harm to the site. The community explained that Mr. Myles was invited to a community meeting to resolve the conflict where he became unruly and village police detained him. However, Myles later accused the Mayas of physically assaulting him at the community meeting, a claim the Maya leaders strongly deny.

Since 2007, Santa Cruz  have legal customary ownership of customary lands, where Uxbenka is located, as result of a decision from the Supreme Court that the government of Belize never contested. To date, the government has not taken an steps to protect the property rights of the Santa Cruz Mayas  in accordance with their customary land tenure system.

Recently, the Caribbean Court of Justice handed down a judgement ordering  the government of Belize to demarcate and register Maya village lands, and to protect them against incursions by outsiders. ‘’The Santa Cruz conflict and subsequent arrests  is a direct assault to the spirit of the court order, and shows bad faith engagement by the government,’’ explained Program Coordinator for the Maya Leaders Alliance, Pablo Mis.

The laws of Belize prohibit building on or damaging any archeological site. In May 2015, a letter was sent to the Belize Institute of Archaeology (NICH) from the Director of the Uxebnka Archaeological Project, in which he expressed his concern that Mr. Myles had: “bulldozed into the archaeological platform (…). He has also built new buildings, and has burned vegetation to the very edge of the steel plaza, further endangering the ruin. The bulldozing activity has irreparably damaged the platform.”  However despite this, since the charges were brought, Belizean authorities have continued to allow Myles to maintain construction and ongoing desecration of the archeological site held sacred to the Maya.

The Maya leaders stand by their actions. Indigenous People’s right to defend their sacred sites is backed by the UN Declaration on the Rights of Indigenous Peoples. Article 11.1 states that Indigenous Peoples have the right to protect past manifestations of their cultures, such as archaeological and historical sites. Article 11.2 requires States to provide redress with respect to their cultural property taken without their Free, Prior and Informed consent or in violation of their laws traditions, or customs.  “The Maya villagers will continue to defend these cultural heritage sites that are important to all Belizeans,” explained the Maya Leaders Alliance in a press release.

The situation is being closely monitored by international human rights bodies, including the UN Special Rapporteur on the rights of Indigenous Peoples, Ms. Vicky Tauli-Corpuz. “I am concerned by the inaction of the Government of Belize to assist Maya villagers to protect their property rights in the face of threats to those rights,” she expressed in a press release, explaining, “It appears as though the repeated requests to local police by Santa Cruz village leaders for assistance in removing the individual from the archaeological site within their village lands, went ignored.”

Listen to an interview with the Special Rapporteur:

Friends of Santa Cruz 13 are urgently seeking funds to cover legal counsel to defend their 13 community members on March 30thSee their call for donations here.

Malheur and the Land Seizure Agenda

By Wildlands Defense

Two months have gone by in a blur since the Bundy Militant Seizure of Malheur National Wildlife Refuge. The Refuge was taken under the cover of cowboy hats. Public lands ranchers have always been at the front of western land grab efforts, as Bernard DeVoto described.

Malheur brought unsavory players engaged in a medusa-headed effort to seize control of public lands into full public view. Proliferating militias, “constitutional sheriffs,” and various crackpot lecturers were suddenly out in public view, all on board with the land privatization agenda.

WLD’s Natalie Ertz and Kate Fite traveled to Malheur to join a Protest opposing the Bundy Seizure. We hiked on the Refuge, where Militants “on patrol” attempted to intimidate us. We met up with the Center for Biological Diversity folks who had been at Malheur for many days, and several other Boise people who came out for the event. (3rd video)

We had the privilege to speak with leaders of the Burns-Paiute Tribe. We witnessed a surreal Militant ceremony where New Mexico rancher Adrian Sewell renounced his grazing permit. At the end of this, Pete Santilli tried to incite an armed crowd against an environmentalist by claiming he was an FBI agent.

Just as we returned home, we learned of a Land Seizure Conference in Boise only a few days away – “Storm Over Rangelands”, with Kanosh Utah attorney Todd MacFarlane, a member of the militia-like Harney County Committee of Safety, and others.

We worked to organize a Protest march, and documented the
conference, which preached there is no such thing as public land – grazing on BLM land establishes a “right” for the cattlemen, so the land is no longer public.

Members of the Bundy Cowliphate have now been arrested. But the Land Seizure movement remains in high gear. The fight to protect public lands is now more important than ever. At least three Bills have been introduced in the Congress to give states control of federal lands.

Cottonwood creek – Owyhee Field Office, Idaho BLM. Monitoring cage illustrates typical degree of forage removed by livestock that would otherwise stabilize stream-banks, purify water, and be available to wildlife. (Photo: Brian Ertz)

Cottonwood creek – Owyhee Field Office, Idaho BLM. Monitoring cage illustrates typical degree of forage removed by livestock that would otherwise stabilize stream-banks, purify water, and be available to wildlife. (Photo: Brian Ertz)

There are myriad other efforts chipping away at public lands and public lands protections in Congress and state Legislatures across the West.

This is a very important time in the fight to protect wild lands and wildlife in the west. Please support our frontline efforts to protect public lands.

Indigenous Women of the Amazon and Allies March for Climate Justice, Indigenous Rights on International Women’s Day

Indigenous Women of the Amazon and Allies March for Climate Justice, Indigenous Rights on International Women’s Day

By WECAN International

SAN FRANCISCO, Calif., March 9, 2016 – In recognition of International Women’s Day, Indigenous Amazonian women leaders of seven nationalities including: Andoa, Achuar, Kichwa, Shuar, Shiwiar, Sapara and Waorani nationalities and their international allies took action in Puyo, Ecuador, in a forum and march in defense of the Amazon, Mother Earth and for climate justice. Specifically, they came together to denounce a newly signed oil contract between the Ecuadorian government and Chinese oil corporation Andes Petroleum.

By plane, foot, canoe, and bus, some five hundred women mobilized from deep in their rainforest territories and nearby provinces marching through the streets of the Amazon jungle town of Puyo.

Chanting, “Defend the forest, don’t sell it!” and carrying signs reading “No more persecution against women defenders of Mother Earth,” the march culminated in a rally in which each nationality denounced the new oil threat and shared traditional songs and ceremonies. The women spoke of other methods for protecting and defending the Amazon and its vital living systems, making it known that the women of the Amazon are not just victims of environmental and cultural genocide, but rather are vital solution bearers.

In addition to highlighting the grave social and ecologic implications of this new contract and the Ecuadorian government’s plans to tender several more oil blocks in the pristine, roadless southern Amazon, the women and allies brought light to their struggles and the ongoing criminalization faced as they stand to protect and defend their territories and lifeways based upon living in harmony with the natural world. A tribute was held in honor of Berta Caceres, the Honduran indigenous environmental leader who was killed last week for her years of work defending rights and territories from privatization, plantations, and most recently, a mega dam project.

The women of the Amazon were also joined by Casey Camp Horinek, WECAN delegation member and Indigenous leader of the Ponca Nation of Oklahoma, who shared her traditional songs and stories of how her people have been impacted by fracking activity.

“Right now the oil company is trying to enter our territory. That is our homeland, this is where we have our chakras (gardens), where we feed our families. We are warriors, and we are not afraid. We will never negotiate,” explained Rosalia Ruiz, a Sapara leader from the community of Torimbo, which is inside the Block 83 oil concession.

“Although we are from three different provinces, we are one territory and one voice,” Alicia Cahuiya, Waorani leader declared.

As the march unfolded, the Ecuadorian government and Andes Petroleum held a meeting in the nearby town of Shell to organize an illegal entry into Sapara territory, knowing that key leaders would not be present. Outraged, a delegation of Sapara delivered a letter to the meeting, underscoring their peoples’ opposition to the oil project and governments tactics to divide the community. They successfully thwarted the government and company plans, and returned to the streets, victorious.

International allies including the Women’s Earth and Climate Action Network, Amazon Watch and Pachamama Alliance shared messages of solidarity and calls for immediate action to keep fossil fuels in the ground in the Amazon.

“On this International Women’s Day we are reaching across borders and standing together as global women for climate justice to denounce oil extraction in the Amazon and call for attention to the struggles and solutions of local women land defenders,” explained Osprey Orielle Lake, Executive Director of the Women’s Earth and Climate Action Network, “We all depend on the flourishing of these precious rainforests, the lungs of the planet. Now is the time to keep the oil in the ground and stand with the women who have been putting their bodies on the line for years to protect the forest, their cultures, and the health and well being of all future generations.”

“Today was a historic day for indigenous Amazonian women! It was the first time that hundreds of women and their allies marched for the Amazon, Mother Earth and Climate Justice. And the power of women was so strong that plans for oil companies entering Sápara territory today were halted. This is is a signal that the collective call to defend rights and territories by keeping fossil fuels in the ground is working,” says Leila Salazar-López, Executive Director of Amazon Watch.

Belen Paez from Pachamama Alliance declared: “It’s a unique and historical moment to have the experience of solidarity and connection between indigenous women and activists from all over the world standing up for the rights of the Amazon rainforest and its people, we have all been waiting for this moment for so long, and that moment is now.”

The March 8 forum, action and press conference will be followed by a March 9 event and report back, ‘Women of Ecuadorian Amazon and International Allies Stand For Protection of the Amazon Rainforest’ to be held on March 9 at 17:00 at the Biblioteca FLASCO, Universidad FLACSO, Quito.

A solidarity action was also held at the Chinese consulate in San Francisco, CA, to denounce the new oil contracts on Sapara and Kichwa territory and support women’s rights in Ecuador and around the world.

-# # #-

About The Women’s Earth & Climate Action Network (WECAN International)
www.wecaninternational.org
@WECAN_INTL

The Women’s Earth and Climate Action Network (WECAN International) is a solutions-based, multi-faceted effort established to engage women worldwide as powerful stakeholders in climate change, climate justice, and sustainability solutions. Recent work includes the International Women’s Earth and Climate Summit, Women’s Climate Declaration, and WECAN Women’s Climate Action Agenda. International climate advocacy is complemented with on-the-ground programs such as the Women’s for Forests and Fossil Fuel/Mining/Mega Dam Resistance, US Women’s Climate Justice Initiative, and Regional Climate Solutions Trainings in the Middle East North Africa region, Latin America, and Democratic Republic of Congo. WECAN International was founded in 2013 as a project of the 501(c)3 Women’s Earth and Climate Caucus (WECC) organization and its partner eraGlobal Alliance.

Video: Globalising Aotearoa—The Trans Pacific Partnership and its Impact on Te Tiriti o Waitangi

By Intercontinental Cry

A short film discussing the nature of the Trans Pacific Partnership Agreement and its impact on Te Tiriti o Waitangi, the treaty representing the bicultural relationship in Aotearoa New Zealand. Jane Kelsey, Hone Harawira, Marama Davidson and Margaret Mutu provide their insight on the matter and call on this generation to stand up for our rights.

For more on the threat of the Trans Pacific Partnership Agreement, see:

India: Dongria Kondh tribe to resume battle with mining corporation

India: Dongria Kondh tribe to resume battle with mining corporation

Featured image: The Dongria unanimously rejected the mining project and have vowed to protect the Niyamgiri hills © Bikash Khemka/Survival International

By Survival International

A tribe in eastern India are facing a new threat from mining on their ancestral land, despite having won a major “David & Goliath” legal battle in 2014.

The Dongria Kondh were originally threatened by international mining corporation Vedanta Resources, who tried to open a bauxite mine in their sacred Niyamgiri hills, but were prevented by the Indian Supreme Court, which ruled that the Dongria should decide whether to allow the mine to go ahead.

The tribe unanimously rejected Vedanta’s plans to mine their hills during a historic referendum in which all twelve villages that were consulted voted against the mine.

Now, however, the Odisha state is trying to re-open the issue, petitioning for the right to hold another referendum for the Dongria to pave the way for a large-scale mining operation, this time by state-run Odisha Mining Corporation.

British-owned Vedanta opened a bauxite refinery close to the Dongria’s hills without having secured permission to mine in the area. Even though the mine itself was quashed, the refinery has continued to operate at a loss.

Survival campaigned against Vedanta's plans and will continue to advocate for the Dongria's right to protect their sacred hills. © M. Cowan/Survival International

Survival campaigned against Vedanta’s plans and will continue to advocate for the Dongria’s right to protect their sacred hills.
© M. Cowan/Survival International

Despite strong resistance to the project from the Dongria, who have lived in the Niyamgiri hills for generations, the state authorities are keen to keep the refinery open and expand mining operations in the region.

Last year Mukuna Sikaka, a Dongria tribesperson, said: “We are not going to allow mining over Niyamgiri at any cost – not for all the developmental efforts of the government.”

Survival International led a successful global campaign against Vedanta’s plans, and is now calling for the Odisha state authorities to respect the Dongria’s decision to reject the mine.

Survival Director Stephen Corry said: “It is bitterly disappointing to see that the Odisha state authorities have still not learned to respect the wishes of the Dongria Kondh. Tribal peoples have a right under Indian and international law to determine what happens on their lands, yet still governments and corporations insist on putting profits before people’s wishes. Attempts to resume this project after international outcry and stern resistance from the Dongria themselves are not only un-democratic and illegal, but also deeply immoral.”

How to help the Dongria Kondh:
Indigenous Peoples Did Not Consent to the TPP

Indigenous Peoples Did Not Consent to the TPP

Featured image: Maori protests on February 4th signing of the TPP in Auckland, New Zealand. Photo by Dominic Hartnett

By Cultural Survival

The Trans-Pacific Partnership agreement, if approved, would be the largest trade agreement in history involving 11 countries including the United States, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.

Cultural Survival staff caught up with the United Nations Special Rapporteur on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz, to discuss the trade deal’s implications for Indigenous Peoples in these countries, based on her recent research and report on this topic.

Vicky Tauli-Corpuz explains that the TPP agreement is about liberalizing the trade and investment regime in order to allow for more fluidity when trading among countries. However, she shared her concern  that in this agreement investor’s rights may be more protected than the rights of the Indigenous Peoples; the investment clause would trump social and environmental rights, including human rights.

“You cannot have a situation where investor’s rights are more protected than Indigenous rights,”  she explained.

Ms. Tauli-Corpuz also used the example of Bolivia, where the government had listened and acted upon Indigenous protests against a Canadian mine on their lands, by attempting to cancel the concession. Bolivia was then sued by the Canadian corporation that owned the mine. The mining corporation won and the Bolivian government was left to pay millions of dollars to the company for lost profits.  She noted that most developing countries lose in arbitration with corporations because they simply do not have the lawyers to support them.  Corpuz warned, these are the types of situations that occur when investors are prioritized over the local and Indigenous citizens.

The TPP was negotiated in secret, and its text was only released via Wikileaks until it was already negotiated by trade ministers of the respective countries. According to Tauli Corpuz, this secrecy is a violation of Indigenous Peoples right to Free, Prior, Informed Consent on policies that may affect them.

“In situations where Indigenous Peoples have the right to Free, Prior, Informed Consent before any company comes to their community to invest, that kind of right has to be respected and that has to be stated and pursued by the countries who are hosting this investment,” she warned.

She urges for deeper transparency in trade deals like the TPP, so that Indigenous Peoples can be aware of the content of these trade agreements so that they can participate and decide  whether or not to consent. In order to achieve this there must be a call to action to create a more participatory negotiation process rather than the exclusive and secretive one that has occurred. If the TPP is passed within each country’s legislature, it would deregulate social standards that are put in place and can take states themselves to court for attempting to protect social conducts such as protecting the rights of Indigenous Peoples.

The Special Rapporteur also recommends that extra attention be made to Exceptions section of the trade agreement. For example, specifically naming FPIC and Indigenous Peoples rights  in the stipulations of how the the trade agreement would play out within each country.  It is the responsibility of each country to identify and present exceptions so that they can be held accountable during arbitration panels. For example, New Zealand did manage to include an exception in TPP article 29.6  that references the rights of the Maori people, however activists have argued that the wording of the exception allows too many loopholes to provide legitimate protection.

On February 4th, 2016, the TPP was signed by trade ministers of 11 countries, in a formal ceremony in New Zealand.  But the deal must still be approved within the legislatures of each country for it to be put in place: The TPP will not come into effect until a requisite number of original signatories ratify the agreement.

Maori leaders in New Zealand  held massive protests against the signing ceremony, saying that they do not give their consent to the deal and that the it violates the Treaty of Waitangi and the 1835 Declaration of Independence of New Zealand.  Kingi Taurua, a prominent Nga Puhi elder at Waitangi’s Te Tii Marae, has sent a formal notice of veto of the Trans-Pacific Partnership agreement to the embassies and trade departments of its proposed partner countries.  They argued that the New Zealand government does not have “due authority” to sign the TPP without the agreement of Maori elders, “which [agreement] has not been given.”

In the United States,  the next step is the drafting and consideration of a bill in Congress to implement the agreement, which will also serve as U.S. ratification of the international trade deal.  Some anticipate this vote to take place after the 2016 elections in November.