Featured image: Nearly 1,000 Wixárika community members participated in a mobilization led by Miguel Vázquez Torres Sept. 22, 2016, to reclaim the first parcel of 10,000 hectares being contested in the federal agrarian tribunal. Photo: Abraham Pérez
GUADALAJARA — As commissioner of public lands for the indigenous Wixárika territory of San Sebastian Teponahuaxtlán, Miguel Vázquez Torres was at the forefront of the legal fight to recover 10,000 hectares of indigenous ancestral lands from surrounding ranching communities. He was among those who repeatedly urged the federal and state governments to intervene to prevent violence in the increasingly tense region that had been the subject of land conflicts for more than a century and, more recently, an increasing presence on the part of the drug cartels.
So it was particularly painful to learn that Miguel and his brother, Agustín, a young attorney also active in the land restitution project have become victims of the violence that they had worked so hard to avoid. They were both gunned down on Saturday. Preliminary investigations implicate an organized crime cell operating on the border between Jalisco and Zacatecas states.
Miguel Vázquez Torres, the Wixarika leader most responsible for mobilizing an effort to reclaim 10,000 hectares of ancestral lands, shows the vast expanse of lands belonging to San Sebastian Teponahuaxtlan. Photo: Nelson Denman photo.
Alfonso Hernández Barron, inspector for the State Commission on Human Rights, had worked with both of the victims extensively over the years. Agustín had just finished his professional practice as a human rights attorney under Hernández’ tutelage and was preparing to take on a greater responsibility in the land restitution case.
“He was a young man who was always seeking to improve himself, a man of peaceful profile, a hard worker.”
Agustín left a wife and a young daughter, as did Miguel.
Hernández described Miguel as a leader who headed the greatest effort in many years for the recovery and defense of his peoples’ territory – a historic effort in many respects.
“He was held in very high esteem and recognition,” said Hernandez. “This is a wound to the heart of the community, and not just Tuxpan and San Sebastian, but all the communities – because all the leaders of the communities feel increasingly exposed, and at greater risk for representing and defending their people.”
Hernández called from the long road that leads back to Guadalajara from Tuxpan, heavy-hearted after a Tuesday visit to the community to debrief residents on their rights as victims. He found community members frightened, sad and angry. “You can feel it,” he said. “It’s palpable.”
The background
Miguel Vázquez served as guide and host to an Intercontinental Cry team, including this reporter, who went to investigate the community’s land restitution process last year. We traveled extensively together in the sprawling 240,000-hectare territory of San Sebastian and Tuxpan de Bolaños, in the state of Jalisco. After a nearly 50-year battle for 10,000 hectares (24,710 acres) across the state line in Nayarit, the courts were now in the process of returning this land to the Wixárika community, which held the title dating back to the Spanish crown. Ranchers who held titles dating to the early 1900s had farmed the land for generations and were resisting the take-back. Some of them were spoiling for a fight.
Miguel Vázquez Torres, left, goes over a map of the territory to be restituted on Sept. 22, 2016, with Wixárika attorney Santos de la Cruz Carrillo. Photo: Abraham Pérez.
After the first in a series of court rulings in favor of the Wixaritari, community leaders including Miguel had repeatedly petitioned the federal government to indemnify the ranchers under a federal fund set up to prevent violence in cases such as this one. They also asked the state and federal governments to provide security and to help enforce the Sept. 22 transfer of the 184-hectare parcel, an abandoned ranch near the town of Huajimic.
Despite threats from ranchers who did not accept the validity of the court ruling, the government failed to respond to their pleas, Vázquez said. So on the day that the court had set for the land transfer, he and other leaders mobilized nearly 1,000 community members to meet the federal agrarian officials and occupy the land.
Angry ranchers responded by setting up a roadblock and refusing to let the court officials, attorneys, journalists and Huichols leave. Vázquez was among those who negotiated directly with leaders in the ranching community of Huajimic to set up a dialog table, and for months the group met in an attempt to pressure the government to indemnify the ranchers who were being forced to relinquish their lands. The government responded that the country was faced with too many land disputes and not enough money in the special fund.
In a March telephone interview with IC, Vázquez said there had been no progress in the negotiations because the government had not responded to further petitions on the part of the dialog table. He mentioned that they were preparing to take action on another restitution claim, and he confirmed media reports that the community was seeking to organize an armed self-defense group. Vázquez and other community leaders were involved in discussions with state law enforcement representatives about the establishment of such a community police force when he and his brother were killed.
Photo: Abraham Pérez
Living in fear
Santos Hernandez, the new public lands commissioner that Miguel Vázquez had prepared for this role, spoke to IC by telephone on Tuesday, and confirmed Hernández’ assessment.
“Nobody feels like working or traveling in their cars – they are watching all of us and our families,” he said of cartel operatives in the area. The government has been extremely slow to respond to calls for help, he said. Since the homicides the government has sent in a special force, and Hernandez said he hopes they will staff checkpoints on the roads and maintain a permanent presence.
“This has been the community’s concern; we have asked for this, and they haven’t responded. Now with what has happened, I think we have the right to more vigilance.”
State human rights inspector Hernández worried that the attacks pose a threat to the cultural integrity of the Wixárika People.
“This is a native people that has a communal sense of identity, so it affects the community as a whole, because they see their customs and traditions being threatened.”
Photo: Abraham Pérez
Warnings unheeded
Authorities at the federal and state levels had repeatedly asked for government intervention in the troubled area. Two separate congressional resolutions, one at the federal and one at the state level, had been passed in recent months urging restitution of the ranchers and for the state governments to provide greater security in the region.
Rep. Clemente Castañeda, House Minority Speaker in the Mexican Congress representing the national Citizen’s Movement Party, said that state government officials should have intervened in the region in a serious way a long time ago.
“The federal and state congresses gave timely warning to the governments of Nayarit and Jalisco about the risks present in the northern zone (of Jalisco), and what might occur – and what lamentably has just occurred,” said Castañeda, who sponsored a resolution calling for restitution and greater security in the region. The resolution passed the full Mexican Congress on Feb. 14 of this year.
The brothers’ homicide may or may not be related to their public role in the land restitution case, he said, but if the government knew that organized crime was operating in the area, he said, there was even more reason to have a strong presence there.
“The easiest thing is to say that it’s an isolated case,” said Castañeda. “However it seems like too much of a coincidence that this assassination took place in the middle of a very prolonged land dispute that has left the zone in permanent conflict.”
For more than 100 years, ranchers have farmed the 10,000 hectares around Huajimic that the Wixarika people are now reclaiming under a series of court orders recognizing their title from the Spanish crown. Photo: Abraham Pérez
Rep. Fela Pelayo, the head of Jalisco’s congressional commission for indigenous affairs, has been petitioning the government since last fall to intervene in the territory. She sponsored a similar resolution that passed the Jalisco state congress unanimously in October, less than a month after the tense standoff in Huajimic. In late January, she learned that the Wixárika leaders were planning to establish an armed self-defense force in the face of governmental action and continued threats. She became alarmed and called a press conference to urge the government to act.
“We solicited the governor of the state to attend to this problem; we said that the situation was delicate, and that we could have the possibility of the loss of human lives,” she told IC. “Now, after eight months of inaction, we have two indigenous leaders dead.”
Guadalajara anthropologist Francisco Talavera Durón has worked closely with Pelayo and others throughout the region who have sought to support the Wixarika community over the years.
He remembered sadly some of the last words he heard from Miguel, who was speaking at a press conference on the lack of government intervention.
“We indigenous people don’t represent political capital for the political parties; that’s why they don’t have us on their agendas,” Miguel said at the time.
“He said there was such a profound abandonment – and now we are seeing it with the deaths of these two brothers.”
Talavera said the Wixárika territories are among the most abandoned in the country – not just on the physical level, with a lack of roads and infrastructure, but also from the perspective of justice and basic legal protections.
“For me the deaths of Miguel and Agustín represent a huge blow to indigenous leadership,” he said. “We’re very worried because there are many indigenous leaders in the entire state who are defending their territories, and with the deaths of these two companions it puts them in a doubly vulnerable situation and on high alert.
“If the government has knowledge that the cartels are operating there, and if the question of territorial conflict is clear, why was there no protection on the part of the state? The community has had to create their own security circles and take charge of the vigilance of their leaders. This should be the responsibility of the state of Jalisco.”
Featured image: The Barro Blanco Dam in the Province of Chiriqui, western Panama. The dam is complete and will begin operation within weeks, according to the government. The Ngäbe-Bugle have been opposed to the project since its inception. Photo by Camilo Mejia Giraldo by Tracy Barnett / Intercontinental Cry
PANAMA CITY, Panama – The waters were rising again in Weni Bagama’s community when she headed to Panama City to meet with government officials about the flooding from the Barro Blanco hydroelectric dam.
Bagama was one of 10 people scheduled to speak April 4 at the first in a series of meetings on the problem of human rights violations against environmental defenders throughout the country. The meetings were requested by the Inter-American Commission on Human Rights at a hearing on that subject last month in Washington, D.C. There are currently more than 90 recorded human rights cases related to environmental issues in Panama, according to the Ministry of the Environment.
Meanwhile, Maryknoll Sister Melinda Roper traveled to the meeting from the opposite end of Panama, the province of Darien, heading to the same April 4 meeting. She was another of the 10 people scheduled to speak.
Roper, whose wide-ranging work in Panama includes participation in a local environmental group called Alianza para un Mejor Darien (Alliance for a Better Darien), was there to speak about the government’s lack of response to the repeated threats to journalist Ligia Arreaga, who was forced to flee the country due to her reporting on the destruction of the wetlands of Matusaragatí.
More Flooding in Ngäbe Territory
The nearly two-decade fight to stop Barro Blanco has led to violent conflicts with the Ngäbe-Buglé people and drawn fire from human rights and environmental advocates internationally as an example of the misuse of carbon offset programs. Despite all of this, the dam was constructed anyway and last year the company began a “test flooding” that inundated parts of three villages.
Bagama, a leader of her native Ngäbe people and the resistance movement against the dam, continues to fight to save the villages and the Tabasará River, which is sacred to the Ngäbe. She had traveled to Washington, D.C., for the IACHR hearing on March 17, where she had taken some heart in the fact that the international commission requested the Panamanian government engage in dialogue with protesters. She attended the first follow-up meeting on April 4 with high hopes.
Sr. Melinda Roper, second from right, attended the meeting with government officials on behalf of Alianza para un Mejor Darien on April 3, where she spoke of the case of journalist Ligia Arreaga and the destruction of the Matusaragatí wetlands. Osvaldo Jordán, executive director of Alianza para Conservation y Desarrollo, is pictured fourth from the right. (Courtesy of Feliciano Santos)
Afterwards, though, she expressed frustration at the lack of a response of government officials to her pointed questions. Earlier, on March 27, some of those officials, including Vice Minister Salvador Sánchez, had traveled to her community of Kiad to begin talks with the three affected communities.
They met, but talks seemed to reach a stalemate, because residents wanted two conditions in order to move forward. First, the reservoir levels need to be lowered below the line of the autonomous territory (comarca) to allow a professional archaeological investigation of the petrogylphs that have been submerged. The petroglyphs are the Ngäbe’s most important ceremonial site and represent a crucial connection to their ancestors.
Second, they repeated their request for representatives of the Dutch and German development banks that financed the project to visit the Ngäbe communities affected by the reservoir. Bagama said she hopes that the investment banks’ presence will contribute to a workable solution. But by March 31, with no warning, the waters in the river again began to rise.
“I asked them [at the April 4 meeting], ‘How we can have a guarantee that this conversation, this approach, will have follow-through and respect when they have not even concretized anything and are filling the reservoir again?”
Bagama was told that the subject of Barro Blanco would be dealt with in a separate process. She then asked when the next meeting would take place and has not yet received an answer.
In Kiad, Panama, Weni Bagama makes her way up a hill that was once verdant, now covered in caked mud since the flooding from Barro Banco dam. (Tracy L. Barnett)
Mónica De León, director of communications for the government’s Office of Foreign Affairs, sent an institutional response to this reporter’s questions via email: “The Government of the Republic of Panama is holding talks with the representatives of the communities impacted by the Barro Blanco Hydroelectric Project, in order to promote actions that address the incompatibilities identified at the dialogue table.”
She referenced the March 27 meeting in Kiad “to agree on options for spaces and points of cultural veneration of communities impacted by the project and follow up on monitoring of water quality studies. It should be noted that the hydro has not entered operations, the test period is nearing completion and water remains at the lowest level.”
During the months-long “test period” for filling the reservoir, the community lost its generations-old food forest and most of the fish and shrimp in their river, the ancient petroglyphs that are an important ceremonial site, their roads to other communities, and several homes. In recent months the waters have dropped due to it being the dry season; the rainy season has not yet begun, so the rising waters have come as a surprise.
Barro Blanco made headlines late last year when it became the first development project to be deregistered under the U.N. Clean Development Mechanism, making the dam ineligible for issuing carbon offset credits. The Clean Development Mechanism is intended to encourage sustainable development in developing countries, but critics of the dam argued that it was anything but sustainable. Besides the fact that it would potentially displace more than 500 people and a cultural center in the comarca, the project would damage an important river ecosystem and a ceremonial and archaeological site that is vital to Ngäbe culture.
Work had continued apace on the dam despite international pressure and continued mass protests by the Ngäbe people, in which several people died and more were badly injured in confrontations with police. Now that the dam is finished and substantial parts of the communities are flooded, they fear what else will be lost in the imminent rainy season, and if the dam becomes fully operational.
There was no answer from the government regarding the request for a visit from the banks.
Paul Hartogsveld, Dutch Development Bank FMO press officer, wrote to this reporter: “FMO continues to emphasize the need for dialogue and consent between all parties involved. We respect the process and are awaiting the outcome. We do not foresee further action as this would possibly interfere with the negotiations between the government and the indigenous representation.”
A Wetlands Destroyed
Although the government has set aside 26,000 hectares of the approximately 68,000-hectare wetlands — the country’s most important — as protected area, a series of irregularities continue to plague the region, including massive land grabs by growers of industrial rice and oil palm.
Illegal canals have been constructed that are draining the wetlands, and the lagoon at its heart is beginning to run dry; 6,000 hectares belonging to the reserve have illegally been sold to private individuals, according to an ongoing lawsuit by the environmental ministry.
Roper considered the strong representation at the meeting by high officials from many government agencies, as well as the U.N.’s high commissioner on human rights, to be a good sign.
“My impression was that the atmosphere was one of clarity and openness on the part of almost all the people there to continue the process of dialog, creating a space perhaps every month for conversation to continue — realizing that there are many, many problems in Panama in terms of human rights violations, especially in relation to environmental problems,” said Roper.
“Of course it’s the type of meeting where you can make recommendations and you can establish context and dialog. It’s not a problem-solving meeting in the sense they would make a resolution to solve a specific problem, but I think it could work toward that.”
Another case presented at the April 4 meeting that continues to deteriorate, said Osvaldo Jordán, executive director of the Panamanian nonprofit Alianza para Conservación y Desarrollo (Alliance for Conservation and Development), is the development of Pedro González Island, where residents of African descent say law enforcement has arbitrarily detained them for opposing a foreign investor’s tourism project on lands they and their ancestors have inhabited for 300 years.
Despite the disappointment that Barro Blanco wasn’t addressed, attendees agreed that the meeting was a positive beginning to a new forum for addressing human rights violations against environmental defenders.
“I think it was positive in the sense that it allowed for a dialog,” said Jordán. “These are groups that were heavily oppressed, and their cases were ignored. So just making those cases visible and raising them to this level of public awareness is a step ahead. Unfortunately no clear answers were given and the danger is that this becomes catharsis — just a time for people to vent their frustrations without getting to any resolution. So we have to fight hard for that not to happen.”
Farah Urrutia, Director of the Ministry of Foreign Affairs, responded to this reporter’s questions in an email, referencing the achievements of the meeting: the presence of high-level officials in various government agencies, as well as the Office of the Ombudsman, and an agreement to follow up with site visits to the problem areas and by organizing monthly meetings with environmental defenders.
“Finally, we believe that the climate of the [working group] is conducive to assess the possible presentation of a bill that can protect these groups,” she added.
Jordán agreed. “I think the meeting represented a positive direction, in particular the proposal of the ombudsman’s office to coordinate with the U.N. in trying to get a policy that will protect environmental defenders in Panama,” he said.
Meanwhile, Bagama is hopeful of receiving a phone call soon so that the conversations with the government can continue. Although she clarified — as she did at the April 4 meeting — that in her view, as of yet there is no formal dialog between the communities and the government, and there will be no dialog until their requests are met.
“If the government wants a conversation with the affected communities, they need to stop filling the reservoir,” she said. “If they do not stop the filling it, there is no conversation. It is regrettable and I don’t want it to happen, but that is what will happen if the government does not order to stop filling. They argue that they cannot do it, but I ask, ‘Who is in charge? The government or the companies? Who defends the rights?’ That is what we are seeing.”
[Tracy L. Barnett is an independent writer, editor and photographer specializing in environmental issues, indigenous rights and sustainable travel.]
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.”
Cannonball, ND – At approximately 3PM CST a group of about 30 people gathered to create a protective prayer line on the Backwater Bridge, the site of the November 20th attack on peaceful and unarmed water protectors by militarized police. Wesley Clark Jr., an organizer of Veterans Stand with Standing Rock, Kandi Mossett of the Indigenous Environmental Network, and Brenda White Bull who served 20 years in the Marine Corps and is also a direct descendant of Chief Sitting Bull, delivered a message to representatives of the National Guard, the Veterans Association, Tigerswan Private Security, who is hired by DAPL, and North Dakota law enforcement.
Wesley, Kandi, and Brenda walked together across the bridge to have a discussion with representatives on the other side. The purpose of the discussion was to clarify that the delegation of more than 2,000 veterans comes in peace and will remain nonviolent and in prayer during their visit to Standing Rock.
Further discussion was had about resolving tension between Water Protectors and law enforcement and also about the barricade on the bridge, which poses a danger not only to the camps but also the Cannon Ball community as it blocks the fastest route for emergency services. An audio recording of the meeting confirms that North Dakota law enforcement will not be entering the camp.
From December 4th through 7th, 2,000 veterans will descend on Standing Rock to act as a human shield for the water protectors on the front lines of the peaceful protest. The Veterans will also act as protectors of the Oceti Sakowin camp after the Army Corps of Engineers and North Dakota Governor, Jack Dalrymple, have called for its December 5th evacuation.
For Live updates at Standing Rock and the Veterans’ visit, please follow Indigenous Rising Media on Facebook.
Featured image by Spencer Mann, Indigenous Rising Media
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.
