From gars@netcom.com Tue Jun 2 23:12:06 1998 Date: Tue, 2 Jun 1998 19:39:32 -0700 (PDT) From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews06.023 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' O ____ _ , ___ _ , ___ O o O / ' ) / / ) ' ) / / ' O o O / /-< / /--/ /-- VOLUME 06, ISSUE 023 O o o o o O __/_ / ) (___/ / ( (___, June 6, 1998 O o O KANOHEDA ANIYVWIYA Otapi'sin Atsinikiisinaakssin O o O Es'te Opunvk'vmucvse ni-mah-mi-kwa-zoo-min Aunchemokauhettittea O ( N A T I V E A M E R I C A N N E W S ) This issue contains articles from Triballaw & Nat-Film Lists; UUCP email; Settlers In Support of Indigenous Sovereignty; Accion Zapatista de Austin; NUEVO AMANECER PRESS; Newsgroups: alt.native,soc.culture.native Articles appearing have been previously posted for public dissemination and/or permission for inclusion has been secured. Letters of authorization are on file. A list of those granting permission to repost their words in this issue are listed at the end of part A. I thank each of you for allowing your words to be shared with the people. IMPORTANT!! ----------- To all who send copywrite protected articles, make very sure you have permission from the copywrite holder (a newspaper, the AP, a magazine, an author) because a new law is now in effect that says you can be prosecuted even if there is no monetary gain. Just because a newspaper has a website where it posts some or all of its editions does not grant permission for their redistribution. Be careful and be sure you pass on the items you do with full permission. In accordance with Title 17 U.S.C. section 107, all material appearing in this newsletter is distributed without profit to those who have expressed a prior interest in receiving this information for educational purposes. <----<<<< >>>>----> This newsletter is a way of keeping the brothers and sisters who share our Spirit informed about current events within the lives of those who walk the Red Road. ++ It may be subscribed to via email by sending a request from your own internet addressable account to gars@netcom.com ++ It is archived at http://www.nanews.org Thanks to Borries Demeler all _Wotanging_Ikche_ (part a) submissions to AISESnet are archived under AISESnet and can be accessed easily by World Wide Web: 1994: http://aises.uthscsa.edu/94_dis.html 1995: http://aises.uthscsa.edu/95_dis.html 1996: http://aises.uthscsa.edu/96_dis.html 1997: http://aises.uthscsa.edu/97_dis.html This is a searchable index to the AISESnet Discussion mailing list database archive, and the keyword "Wotanging" will retrieve all issues for that year. Downloading Wotanging Ikche on AOL From: MAANG1419@aol.com Just thought I would share some info. I could not download on to a .txt because I kept getting the message (when I tried to retrieve it) that the text editor could not handle the volume. This time I downloaded it on to a .doc and when I retrieved it out of file manager, IT WORKED. "I have seen two generations of my people dies..." "I am old now and must dies soon..." "Why will you take by force what you may have quietly by love? Why will you destroy us who supply you with food? What can you get by war? We can hide our provisions and run into the woods; then you will starve for wrongdoing your friends. Why are you jealous of us?" __ Chief Wahunsonacock (Powhatan), Powhatan Confederacy +- -- -- -- -- -- -- -- -- -- -- -+ | Indian Pledge of Allegiance | The Indian Pledge of Alleg- | | iance was first presented | I pledge allegiance to my Tribe,| on 2 December '93 during the | to the democratic principles | opening address of the Nat- | of the Republic | ional Congress of American | and to the individual freedoms | Indian Tribal-States Relat- | borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI | Choctaw Confederacies, | plans distribution of the | as incorporated in the United | Indian Pledge to all Indian | States Constitution, | Nations. | so that my forefathers | | shall not have died in vain | Walk in Beauty! Night Owl +- -- -- -- -- -- -- -- -- -- -- -+ O'siyo Brothers and Sisters! I have again received some email asking me why I include articles about situations in Canada and Mexico, or why I don't have a special, separate "international" section. This type of question _NEVER_ ceases to amaze me. Once again, the borders between the United States and Canada, United States and Mexico, Columbia and Mexico are arbitrary, capricious zones of control defined by the invaders of Turtle Island. They have absolutely nothing to do with the original occupants other than determine what group of Occupation Forces is the "primary" controlling unit. You can absolutely believe what happens to Cree in Canada, Huichol in Mexico, Dine' in the United States will eventually have some effect on all other People of the First Nations, and often profoundly. The newsletter is "News of the People", not _some_ people, these people, those people or select people. The one specifier I insist on is that the People written about or effected be indigenous to Turtle Island. ALL of TURTLE ISLAND. =/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\= The language project I have started is moving very slowly, but it is moving. The need for this is a thing I truly believe. Without language a culture dies. What is said in any language seldom translates literally to another. It, at best, approximates the meaning. Our languages are dying. Our cultures will not linger long without our own words to describe the events in our lives, the ways passed down by our ancestors and our prophecies. I am collecting language resource information. Please send me all information each of you have regarding language resources. This should include all written teachings including dictionaries, grammar books and stories. Include all audio and video resources. Include the source, how it is distributed, the publisher, ISBN or other catalogue information that might be known. Include cost and current availability if you have it. Finally, include _your_ opinion. Is it good, bad, indifferent? I will keep this information, by language/nation and make what I have available to any who request it. Send what you can via email to gars@netcom.com You may also send info via snail mail to P O Box 672168. Marietta GA 30006. =/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\=/\= Thanks to Mike Wicks for the following reminder: In Memory (with Respect and Honor) AIM Casualties on Pine Ridge, 1973-1976 6.1.1975 Kenneth Little - AIM supporter killed at Pine Ridge by Goons. Investigation still "pending." 6.4.1976 Kevin Hill - AIM supporter killed at Oglala by "party or parties unknown." Investigation "still open." Peace! Night Owl , , Gary Night Owl gars@netcom.com (*,*) P. O. Box 672168 gars@nanews.org (`-') Marietta, GA 30067, U.S.A. gars@igc.apc.org ===w=w=== gars@bellsouth.net Fax: 770-528-9643 gars@juno.com ----------- News of the people featured in this issue ---------- - Excuse Me Mr President - BCTC, Delgamuukw and - Leonard Needs Help What's Ticking - Peltier's Health - 4,000,000 Voices for Chiapas - Peltier Medical Exclusive - A Slow, Simmering War - Update on Ward Valley - Prisoners of Chiapas - Justice for the Iroquois? - Native American Spirituality - Bear Lincoln DA Reelection and Prisons - Crow Coal - Native Prisoner - HIV & Diabetes Soaring - The Pawnee People - Texas Archaeological Site Alert - Role of the Female Elder - Work-To-Welfare' - Respect On Horizon For Indian Tribes - A Hundred Years Ago - Trust Fund Trial - Poem: Indian Giver - NDP Sabotage Own Treaty Process - Verse: Hawaiian Book of Days - BC Treaty Bailout - Conferences and Powwows --------- "RE: Excuse Me Mr President" --------- Date: Tue, 26 May 1998 11:40:21 -0400 From: not@inthe.game (justanoldman) Subj: Excuse me Mr President...? Newsgroup: alt.native d'laan'te'... An item of interest... The average span of time between a request for Executive Clemency and the decision by the President, based on the recommendations of the Clemency Board/Committee at the US Department of Just-Us, is approximately 3 months. (Some, such as Ollie North, even have clemency granted before they are sentenced). The request for Executive Clemency for Leonard Peltier has been "under review" for over three YEARS..., and counting. This is what Governor Clinton said back in '92, when the votes were important. Now I know Willy has a lot on his mind these days, but maybe we could tap him on the shoulder and remind him of his words, as passed through his Deputy Director of his Campaign Committee back then, in this letter to some supporters of Leonard. Especially the second paragraph of this letter. Here's where to contact the President with your reminder of his word... President Bill Clinton The White House 1600 Pennsylvania Ave Washington DC 20500 202-456-1111 (fax) 202-456-2461 e-mail: president@whitehouse.gov (Remember that if you phone, push 0 once you get through to avoid automated survey, & then ask for Executive Clemency for Leonard Peltier). (I regret that I have to delete the names of the folks to whom the original letter was addressed, because I have not asked for their permission to post their names on the internet. I do, however, have a copy of the letter here in front of me.)... FROM: Clinton/Gore '92 Campaign National campaign Headquarters PO Box 615 Little Rock, Arkansas 72203 October 30, 1992 To: (deleted) xxxx Davisville Road Warminster, PA 18974 Dear Mr. and Ms. (deleted): Thank you for writing to express your concerns over the trial and imprisonment of Leonard Peltier. I trust you will understand that in these final days of the campaign, it is not possible for Governor Clinton to respond personally to your letter. He has asked me to respond for him. Please be sure that if Governor Clinton is elected and Mr. Peltier's case comes before him for consideration, he will give the case a fair and impartial review. I appreciate your taking the time to let Governor Clinton know how you feel. He and Al Gore are doing everything they can to carry their message to all Americans. Your support is urgently needed and deeply appreciated. Sincerely, (signed) Pat Morgan Deputy Director Washington Operations Office masi:cho... (and call the Whitehouse NOW!!!) --------- "RE: Leonard Needs Help" --------- Date: Sat, 30 May 1998 16:49:26 -0500 (CDT) From: Freedom Heart Rising Subj: LEONARD NEEDS HELP!!! UUCP email (Note: If you are forwarding this on to more people, which I hope all of you are, please leave the Freedom/LPSG Net Group address attached. That way, people know where the information originated, which can be important - we know who said what - and also, people may be interested in becoming a part of the LPSG/NET group, and be able to help Leonard, through getting support information, etc. Thank you!) Hello to all: Steve Robideau called this morning, from the LPDC. When Bobby talked to Leonard last night on the phone, Leonard was in pain - a _ lot_ of pain...and kept saying that he was. Leonard has never complained about anything like this before, even through his surgeries, etc. We really need to get on to the people at the Bureau of Prisons, to make sure Leonard's _proper_ medical records are there at the prison and accessible, and to get him decent medical care. Not to mention, to free him!!! I will get more information from the LPDC, and/or off the LPDC web page, which they are in the process of writing there at the LPDC, as I write this. (I have just checked, and it's not up at the time of this writing... they are updating, so it takes a bit of time...) Until then, I am resending the addresses, and I urge you to please contact the BOP, and Warden Page True at Leavenworth, and demand that Leonard get proper medical care, and some pain management/relief. (The addresses, phone #'s, etc., are below.) This man has spent all these years in prison. He suffers enough every day just by being in there. To leave him in pain, without proper medical treatment is inhumane and barbaric. They need to know that we are out here in great numbers, and that we will not tolerate shabby, inadequate medical treatment; nor will we tolerate Leonard's complaints being ignored!!! Also, please plan on being at the rally on June 27th, in Washington. Steve says that one of the main things we want to do that day is discuss strategies, and where we are going to go with all this, from here. Leonard has personally requested that as many people be there as possible. The truth of the matter, as I see it - and this part comes from me, not the LPDC, or anyone else - is that people being out there in numbers not only helps him, as far as activism on his case goes, but it shows him we are out here - AND WE HAVE NOT AND WILL NOT GIVE UP, until he is free. He has a right to his life. He is suffering, and it is wrong. I'll update you as all this moves along. For those of you who have web access, the LPDC home page is at http://members.xoom.com/freepeltier/index.html Please take action! Thank you...(see addresses below...) Freedom Heart +++++ These are addresses that I hope y'all will find helpful. (Please note that the phone # for the LPDC has changed.) Also you can write directly to Leonard, for those of you who'd like to do that. You can send letters, cards, soft covered books, and/or postal money orders to him at: Leonard Peltier #89637-132 PO Box 1000 Leavenworth, KS 66048 +++ Other addresses, etc. >The Warden at Leavenworth: >Warden Page True >Leavenworth Prison >913-682-8700 +++ U.S. Parole Commission 5550 Friendship Blvd. #420 Chevy Chase, MD 20815 FAX: 301-492-6694 +++ President Clinton The White House 1600 Pennsylvania Ave. Washington, DC 20500 Comment line: 202-456-1111 (F) 202-456-2461 Email: President@Whitehouse.gov +++ >The Bureau of Prisons >Holc Building >320 First Street NW >Washington, DC 20534 >Phone #: 202-724-3083 >Fax. #: 202-514-6867 (Updated phone number may be: 913-621-3939 Kansas Regional Office) +++ >Kathleen Hawk at the >Bureau of Prisons (BOP) >202-514-2000 AND: >Attorney General Janet Reno >202-514-4371 +++ LPDC P.O. Box 583 Lawrence, Kansas 66044 785-583-5774. Email: lpdc@idir.net (Peltier Defense Committee) Web Page: http://members.xoom.com/freepeltier/index.html +++ Whitehouse email correspondence list: President@whitehouse.gov Vice.President@whitehouse.gov First.Lady@whitehouse.gov autoresponder@whitehouse.gov publications@whitehouse.gov +++ freedom@prairienet.org Freedom LPSG FREE LEONARD PELTIER!!! "to the people who struggle for their freedom, i embrace you and send you my love and strength." --Leonard Peltier / POW -- --------- "RE: Peltier's Health" --------- Date: Sat, 30 May 98 06:17:10 PDT From: LPDC Subj: Peltier's health UUCP email URGENT! URGENT! URGENT! LEONARD PELTIER SUFFERING FROM EXCRUCIATING PAIN Tonight we received an alarming call from Leonard . I have known Leonard since his capture from Lompoc when the FBI and prison administration sent Robert Standing Deer to kill him. I then met up with him in Marion Federal Prison where he was tortured. I know people don't talk much about the hell Leonard has been enduring for the past 22 years. Leonard never whispered a breath of pain and just endured as a good warrior. But, tonight he broke and expressed the pain and the suffering he has been living with because of the malicious medical treatment he received in Springfield Federal Medical Center in Missouri. Leonard cannot chew or move his jaw. He cannot eat a decent meal. The pain makes him dizzy. He said, that it fells like there is something in his jaw and that the pain is killing him. "I'm in pain, I'm in pain, I'm In pain" he kept saying. "Man, I ain't joking brother, this is really killing me". I sat and looked at Steve Robideau, Gina and Ronica and we all looked stunned. This is very serious folks, Leonard needs to get out for proper medical treatment. Leonard needs to see a qualified physician from outside of the prison system. While there are plenty of good doctors, (the Mayo clinic has agreed to provide their services) willing to see Leonard, the federal bureau of prisons are not allowing him to see any of them even though it is his legal right to do so. Now what we need is a qualified lawyer who practices in Kansas to file a lawsuit against Leavenworth and ensure that Leonard is able to see an outside doctor. What we do not want is for Leonard to be transferred to Springfield where they have already came very close to killing him. We are also concerned with the amount of radiation that Leonard was receiving in the jaw area while he was there. It has been noted by an independent physician that type of radiation is not normally used for correcting Leonard's problem. If people write to the prison concerning Leonard's health, be very clear in asking that Leonard be allowed to go to the Mayo clinic and to express their serious concerns with him being sent to Springfield. Bobby/LPDC Write letters to demand FREEDOM FOR LEONARD PELTIER NOW! Clemency: US Pardon Attorney Roger C Adams 500 First Street N.W. Suite 400 Ref:Leonard Peltier #89637-132 Washington D.C. 20530 (202) 616-6070 President Bill Clinton The White House 1600 Pennsylvania Ave. NW Washington DC 20500 202-456-1111 Senate Hearings: US Senator Orin Hatch, Chairmen Judicial Committee SD-224 1st and C Sts., NE Washington DC 20510 US Senator Ben Nighthorse Campbell Chairman, Select Committee on Indian Affairs SH-838 1st and C Sts., NE Washington DC 20510 Letters for Leonard:(money can be sent to Leonard in the form of US Postal money orders. He must buy his own phone cards and his communication with the outside has proven to be life saving. He can also receive photos if they are not Polaroid.) Leonard Peltier #89637-132 PO Box 1000 Leavenworth, KS 66048 --------- "RE: Peltier Medical Exclusive" --------- Date: 31 May 1998 19:11:38 GMT From: lpcfound@aol.com (LPCFound) Subj: PELTIER MEDICAL "EXCLUSIVE" Newsgroup: alt.native URGENT: This letter is to deliberate on some express issues. This is concerning the safety and well being of Leonard Peltier and his health matters. I speak for myself and for that of Robert A. Pictou-Branscombe, and with Robert's consent and approval. We are prepared to assist Leonard in receiving the care that he so desperately needs and deserves. I am asking all of you to save a copy of this letter for future reference. This information must be acknowledged. We received notice concerning Leonard's pain and suffering. Let me begin with the fact that I, Shannon M. Collins, would testify to what I have witnessed in Leonard's compounding physical and emotional being. Robert A. Pictou-Branscombe can and is prepared to do the same. We are qualified to take noticeable action at this time. Give some attention to these facts noted below. With the guidance and support of Leonard's Civil Rights Attorney, Jim Leonard, Robert and I want Leonard to proceed with actions to be moved to the Rochester, Minnesota Federal Prison. From here, Leonard Peltier is in a position to remain in contact with the Mayo Clinic Doctor, Eugene Keller. If Jim Leonard is in any conflict of interest to successfully accomplish this, then a local and reputable Kansas attorney must be obtained. If this is not going to proceed immediately, I intend to find out why. In any event, I will assist. And this is why...... Nearly two years ago, my Mother instigated the research and obtained the services of Dr. Eugene Keller. She would not "settle". His documented background perceives him as the number one Maxilla Facial Oral Surgeon "IN THE WORLD". It took Dolores Collins six months, beyond her control, to get the Leavenworth Prison to release Leonard's Medical records. This period of time was critical to Leonard's healing process after surgery at the Springfield, Missouri Medical Center. The Doctor (Name withheld) had performed a surgical procedure on Leonard's jaw which created a serious complication that still has yet to be rectified. Leonard is in enormous pain and cannot even eat food properly. It is an abomination and a disgrace for this to be left unattended. I simply will not idly stand by and tolerate this any longer. No matter who's at fault in this delay, I know for a fact that the procedures in this letter can get Leonard moved to the Rochester, Minnesota Federal Prison. Hence, the availability to the Mayo Clinic and Dr. Keller's care. I have done my homework and I've witnessed this from the start. I will not be silent any longer. Period! I have to do this. Please read on. Dolores' compiled work consisted of nearly 500-600 letters to Congress, Senators, and the US President. At one point she went directly to South Dakota Senator, Tom Daschle's office "everyday" until the Senator acknowledged the seriousness of Leonard's medical problems. The Senator both called and wrote directly to the Federal Bureau of Prison's in Washington, D.C. and the Leavenworth Prison. They finally, but not immediately, sent Leonard's medical records directly to Dolores. Oh, there's more... She immediately made a copy and sent the original copy to Dr. Keller for examination. My Mother ultimately turned over the other copy, along with her letters, to those who would put it into the hands of Leonard Peltier's Civil Right's Attorney. She was asked to do this and she complied. This was over a year and a half ago because she is a legal assistant, not an attorney. She took it as far as she could go. She researched and obtained this doctor for Leonard and, by God, she did a damn good job of it!! But, most of all...where in the hell is her work??? What's being done with it??? I want to know!!! Yesterday morning, Dolores Collins expressed some very pertinent information about her past research. She said that Dr. Keller not only accepted Leonard as a patient, but that this procedure should take place immediately. Leonard could suffer further damage and repercussions. (And, now he is). She was told by Dr. Keller's personal assistant, during her research period, that prison inmates from Rochester Prison come into the Mayo Clinic everyday for treatment. Leonard must accept and initiate the desire to go to the Mayo Clinic. He has already been accepted as a patient by Dr. Keller. I'll stop on that subject for now. With this in mind, do not omit the fact that Jim Leonard did attend Leonard Peltier's recent Parole Hearing. I absolutely will not attempt to quote him or speak for him. I am simply going to mention a point. On account of our presence at the Washington Law Forum, I learned something straight from the Panel. And, when Jim Leonard spoke I believe that he brought reasonable facts to the table at that Parole Hearing, regarding Leonard's health. Although I offer my full support, I have some concerns and some doubts and I am voicing them. I simply must. Leonard CAN receive treatment soon. Also, I have a few photographs that I had taken with Leonard and my Mother at Leavenworth Prison. This was some months down the road after his surgery in Springfield. His face was still swollen and he would not smile. I will not relinquish these photos until I receive appropriate legal counsel. I want Leonard Peltier to know that I am taking responsibility to get him moved for the care that he needs. Speaking for myself, I am sick and tired of helping other (well- intended) persons take over my/our good work. Such is the case right now, sometimes people's good intentions get in the way of progress. If our work is being put to the test as much as our original effort, then something good should be happening. Contrary to Robert's opinion, I do believe that the Leavenworth Prison will do the right thing and cooperate. Robert, of course, is very sensitive to these issues right now and with good reason. However, it is important to give them this renewed opportunity. But, it must be done now. In other words, we have a lot more to say about Leonard's health and well-being and Robert and I have something more to contribute. Here is a direct message from Robert A. Pictou-Branscombe.... QUOTE: I will take personal responsibility to make every possible observation in seeing to Leonard's safety. I want everyone to know this, and I mean "everyone". Some of us know why I have an interest in being "On Point". This man has been subjected to hostile treatment. If this is not rectified soon and if Leonard's life is further endangered due to the seriousness of his health issues, I personally see the Bureau of Federal Prison's instigating a slow death. I take this VERY personal. Who else is slowing this down?? Leonard Peltier is suffering. 'So, my biggest question and concern is why is it taking so long to make a decision to get him the proper care?' My suggestion is to follow normal procedures and give them an opportunity to get Leonard moved to Rochester Prison. Our understanding is that he does not get released directly to the Clinic. It will take time in that process, alone. Let's not waste anymore time. As a Former Marine, Leonard has my full support and that of my family and other Veterans. I can help and I will help with distinction and with protocol. Leonard needs to submit his request to his case manager and send a copy of it TO ME!!! Whoever is in possession of Dolores Collins research work, please contact me immediately!! Don't assume that Jim Leonard/Dr. Keller have everything they need. I'm requesting this with good reason and for the well being of Leonard Peltier, and it is critical. If you have a 'copy' or any 'originals' of Dolores' work, get it to me. Enough said. Let's just get this started NOW! Here is my contact information. bbmicmac@sedona.net 520-567-7229 (collect calls on this matter accepted). Mailing address is P. O. Box 681, Rimrock, Arizona 86335. ++++++++++++++++++++++++ Robert and I plan to go to Rochester, Minnesota throughout the process of Leonard's surgery. We want to be present to show our awareness, protection, guidance and support. We will verify the conditions and visitation procedures. I emphasize "DO NOT" create a problem for Leonard. And.."DO NOT" call Dr. Keller. Leave this alone. Give the Leavenworth Prison an opportunity to review Leonard's request. It is fair to say that Leonard once denied going to the Mayo Clinic. But, I emphatically add that this was for concern of safety matters. It was not because he did not want or need treatment. People that may have surrounded his initial request for health care at the Mayo Clinic raised some eyebrows. NOT this time!!! Let's move!!! This information and letter was discussed with Bobby Castillo. He offered excellent advice and we are taking every precaution to protect and assist Leonard.To every interested person (that includes some variances and that's ok), you have our direct permission to print, publish and post this anywhere you deem appropriate, as written. And, make sure everyone keeps their opinions at bay. Rumors ostracize people. Keep Leonard at the top of your conscience because we are attempting to do what seems to be the impossible. It doesn't have to be this way. With its completion, this has been fully acknowledged by Robert A. Pictou-Branscombe before posting, and I am also forwarding a copy of it to him as I post it today. I will also forward a copy of this to Bobby Castillo. I have the complete residential and business contact information of Dr. Keller. I want you, Bobby, to have a copy of this. Once again "No One" should contact Dr. Keller. Let him do the job for which he is renowned. We are fortunate to have his professionalism. NOTE: (So that there are no misunderstandings) I am representing this issue in non-association with the Leonard Peltier Charitable Foundation. I simply have authored this on my own recognizance with the email address that I have access to at this time. This is a personal and professional matter for which I extend my full support. This is all I will post at this time. Thank you. In Struggle, In Friendship, In Care... Shannon M. Collins / Robert A. Pictou-Branscombe http://members.aol.com/lpcfound/homepage.html --------- "RE: Update on Ward Valley" --------- Date: Fri, 29 May 1998 14:18:54 -0700 (MST) From: swv1@ctaz.com (Save Ward Valley) Subj: FLASH! UPDATE ON WARD VALLEY UUCP email UPDATE ON WARD VALLEY May 29, 1998 The nuclear industry wants to dump long-lasting and highly radioactive wastes from nuclear power plants at Ward Valley near Needles, CA in unlined dirt trenches above an aquifer near the Colorado River. The Department of Interior on Friday, January 16, 1998, announced the issuance of permits to the CA Department of Health Services and federal officials for drilling and tritium tests at Ward Valley. The testing would desecrate at least 1 acres of land which is sacred to the Indian Nations of the Colorado River area who have lived in this area since time immemorial. A nonviolent occupation led by the Colorado River Native Nations Alliance is continuing at Ward Valley to protect this sacred land from further desecration and to stop the proposed radioactive waste dump. It has been 107 days since Silyaye Aheace (Ward Valley) was placed under the protection of those to whom this valley is held sacred: The Fort Mojave, Chemehuevi, Cocopah, Quechan, and Colorado River Indian Tribes. With the help of environmental activists these five tribes, known as the Colorado River Native Nations Alliance (CRNNA), have established a village in the Mojave Desert located 22 miles west of Needles, CA. The occupation of this land is a clear message to Gov. Pete Wilson, CA Dept. of Health Services (DHS), the nuclear industry, and the federal government that no further desecration will be allowed here and there will be no radioactive waste dump here, EVER! The occupation of Ward Valley has definitely caught the attention of people all over the world. This is an issue of sovereignty, environmental justice, sacred sites, religious freedom, and the protection of Mother Earth. It is also an issue of contamination of the Colorado River and the future of an already threatened species, the desert tortoise. The future of millions of people and of the very planet itself will be affected by what happens here; and the world is watching. On June 17, 1998 a very important hearing will take place in Washington, DC. in US District Court. The court will hear a motion to dismiss the lawsuit filed by CA Department of Health Services against the US Department of Interior asking the court to transfer the land at Ward Valley into the hands of the State of California. The finding of the court could have a tremendous affect on the proposed radioactive waste dump at Ward Valley. This could be the victory we have been waiting for! Since the occupation began, February 12, 1998, many developments have taken place. Here are some of the highlights: * After years of the CRNNA demanding nation-to-nation consultation with the U.S. Government, the Department of Interior (DOI) has finally begun serious negotiations. Although the tribes have not been granted their request of meetings with Secretary of Interior Bruce Babbitt or President Clinton, they have been meeting with Secretary of Indian Affairs, Kevin Gover. There have been offers and counter-offers but no agreements have been solidified at this point. On one point the 5 Tribes of the Lower Colorado River have themselves perfectly clear, "The occupation will stay in place until we are assured that no further desecration will be done to this land which is sacred to us!" * Democratic leaders of the California Legislature have issued a report which questions the legality of a land transfer of Ward Valley into the hands of CA DHS. State Senate President Pro Tem John Burton (D-San Francisco), Assembly Speaker Antonio Villaraigosa (D-Los Angeles) and Speaker Pro Tem Sheila Kuehl (D-Santa Monica) have raised serious questions regarding the land transfer, a $500,000 "gift" from U.S. Ecology to pay for the land, and apparent attempts by Gov. Pete Wilson and CA DHS to circumvent legislative process. * Largely because of the aforementioned report the federal government has asked a court to dismiss a lawsuit that DHS and US Ecology filed against DOI in January, 1997. The lawsuit asks for the immediate transfer of Ward Valley from the Bureau of Land Management (BLM) to the State of California. The court will hear the motion to dismiss the lawsuit on June 17, 1998. * On June 16 a traditional ceremonial gathering will take place at Ward Valley to send prayers to Washington, D.C. Everyone, Native and non- Native alike are invited and encouraged to join in this very important event. Elders, spiritual leaders, singers and dancers, and tribal members are needed to make this ceremony one that will send many powerful prayers to Washington, D.C. and into the heart of the judge hearing the case before him. Things are looking a little better now but the fight is far from over. There are still those, like Senator Murkowski of Alaska, who are pushing for the construction a radioactive waste dump in Ward Valley. Corporations like PG&E and Southern CA Edison would love to continue to pawn off responsibility for the waste generated by their nuclear power plants to the public. For more detailed information and to find out how you can help contact Save Ward Valley, 107 F Street, Needles, CA, 92363 PH 760/326-6267 FAX 760/326-6268 E-MAIL swv1@ctaz.com WEB-SITE www.ctaz.com/~swv1. WALKING WITH SPIRITS by Michael (Blondie): resident of Silyaye Village As I awaken each and every day I pray I pray for the sacred ground that I walk upon for the same beautiful Mother Earth that rocks me to sleep at night I pray for the Sacred Mother Creator that has blessed us with lovely creatures that walk with us on our walk I pray to Spirit Mountain so close you can almost touch it if you tried I pray for the sacred fire that provides us strength, hope, love and understanding and carries our prayers to the Creator. All this and more I do each and every day here on this land as I walk with Spirits. WHY WE ARE HERE AT SILYAYE AHEACE by Dennis Randolph Scott and John Stevens residents of Silyaye Village We have both been doing guard duty at Red Pony (the first checkpoint into Ward Valley). Dennis has been here for two months while John has been here for four months. We have both been here basically 24-hours a day, 7 days a week through sickness, conflict, lack of sleep, freezing rain, and personal tragedy. Why do we stay here when it would be so much easier to go back to our creature comforts? Why, because we both the guardians and the gatekeepers of Silyaye Aheace. It is no longer a thankless job, but a duty to guard what is sacred in this valley. Once you stay here for awhile you begin to understand why this place is sacred. We live here with the tortoise (Kah-Pet). We have both grown in spirit realizing that we are living on the back of the tortoise. It the planet is the tortoise shell, then we are living on one very special plate of the shell. Ward Valley is the plate and the mountains are the growth rings. We are the guardians and we will NEVER let a nuclear dump be put here! WHAT YOU CAN DO!!! JOIN THE OCCUPATION!! Supporters are asked to join Elders and tribal members in the occupation to protect religious ceremonies continuing at the site. We act with the guidance and direction of the Tribes and Elders in the village of Silyaye Aheace. To find out how you can become a resident of Silyaye Aheace (even if for just a short time) contact Save Ward Valley at 760/326-6267. SUPPORT THE VILLAGE! Food, supplies and money are always needed. Some of the things needed especially now are: 1 or 2 2-channel UHF radios, propane or solar-powered refrigeration, shade cloths, extra tents, sleeping bags, hats. For a more complete list contact Save Ward Valley. CALL, E-MAIL, FAX OR WRITE: WHITEHOUSE COMMENT LINE 202/456-1111 Let the government know that you support the Tribes in their struggle to protect sacred land, the Colorado River and the threatened desert tortoise. Remind them that every dump operated by US Ecology is leaking, that the Hayden report very clearly showed that another radioactive waste site is not needed, and that by looking at the latest USGS reports from the US Ecology site at Beatty, NV they can see what is most likely to happen at Ward Valley. Encourage them to do the right thing and call off this insane project once and for all! President William Clinton The White House Washington, DC 20500 FAX 202/456-2461 president@whitehouse.gov Vice-President Al Gore The White House Washington, DC 20500 vice.president@whitehouse.gov Senator Dianne Feinstein 331 HOB Washington, DC 20510 FAX 202/228-3954 senator@feinstein.senate.gov Senator Barbara Boxer 112 HOB Washington, DC 20510 FAX 415/956-6701 senator@boxer.senate.gov Secretary Bruce Babbitt Dept. of Interior 1849 C St., Washington, DC 20240 FAX 202/208-5133 Save Ward Valley 107 F St. Needles, CA 92363 ph. 760/326-6267 fax 760/326-6268 http://www.shundahai.org/SWVAction.html http://earthrunner.com/savewardvalley http://www.ctaz.com/~swv1 http://banwaste.envirolink.org http://www.alphacdc.com/ien/wardvly4.html http://www.wildrockies.org/cmcr --------- "RE: Justice for the Iroquois?" --------- Date: May 28, 1998 6:13 PM From: Kahn-Tineta Horn [mailto:mohawkns@cyberglobe.net] Subj: JUSTICE FOR THE IROQUOIS? UUCP email JUSTICE FOR THE IROQUOIS? DID CANADA SLIP UP AND ACCIDENTALLY RETURN THE IROQUOIS CONFEDERACY TO POWER AT SIX NATIONS? MNN. Mohawk Nation News. 25-May-98. Today Richard Hill informed Kofi Annan, the Secretary General of the United Nations and Her Majesty Queen Elizabeth II that Canada has withdrawn their Indian Act Band Council leaving a vacuum so that the Iroquois Confederacy can now return to its seat of power at the Six Nations Territory. Said Hill that as a Mohawk Nation resident of Six Nations, a territory of the Iroquois Confederacy in North America, "I am affected by the recent actions of the "elected" band council set up under the Indian Act of Canada". The Indian Act council was set up by Order in Council and put in by armed force in 1924, after Canada deposed the traditional Confederacy Council. The Six Nations people never consented to Canada bringing in the Indian Act, "because the Six Nations Iroquois Confederacy were (and are) not a part of Canada". The majority of the Six Nations people have always refused to take part in these foreign elections. The Iroquois Confederacy has its own constitution known as the Great Law of Peace, the Kaienerekowa, by which their traditional government functions. What happened is that three years ago the band council asked that this order in council be revoked taking the council out of section 74 of the Indian Act by which the system is set up. This was done to bring Six Nations under a new 'custom council' designed by the former band council, without consulting the people. This new 'custom council' was challenged in Canadian Federal Court by two individuals from Six Nations because the council did not follow the procedures set out under the Indian Act, that is consultation, meetings and a referendum of the majority of eligible electors. Realizing they were going to lose, the new 'custom council' settled out of court and promised these two people that they would dissolve their new 'custom council' and re-establish themselves as the Six Nations "elected" band council under the Indian Act. However they cannot do this because they do not have the support of the majority of the people. WHY ARE A FEW PEOPLE ALLOWED TO MAKE UP A PRIVATE DEAL ABOUT WHAT FORM OF GOVERNMENT THE SIX NATIONS CAN HAVE WITHOUT CONSULTING EVERYONE? HOW CAN CANADA RECOGNIZE THIS COUNCIL? Hill said that it is impossible for them to just put themselves back in as the "elected" council under the Indian Act without going through the Governor in Council after getting the fully informed and freely expressed consent of a majority of the Six Nations people. This was not done. Now the defunct band council cannot just go back into the council house as if nothing happened and conduct business. "There is a serious question about the legality of this Council", said Hill. THE HISTORY OF THE INDIAN ACT BAND COUNCIL AT SIX NATIONS IS VERY IRREGULAR. According to Chisholm, who was a lawyer for the Six Nations in 1920, "The Six Nations are an independent self-governing protectorate whose right to deal with their internal affairs had always been recognized by Britain. The powers assigned by Britain to the Canadian government could not exceed those held by Britain because of the treaties which established the Six Nations as their independent allies under international law". Britain depended on the support of Joseph Brant and his Warriors to maintain her position in North America. Most of the territories now occupied by the Six Nations were granted to them to replace those lost for supporting Britain during the Revolutionary War of 1775-1783. There has always been a conflict of interest between Canada and the Iroquois. The Canadian parliament represents the settlers who took the land from the First Nations and the people who later immigrated here. Today Canada still wants the Iroquois people to be Canadian subjects. THE IROQUOIS PEOPLE HAVE NEVER AGREED TO THIS. "The Iroquois chose to be allies with Britain, not Canada. THE IROQUOIS PEOPLE NEVER CHOSE TO BE A PART OF CANADA. HILL WANTS THE LAW TO BE UPHELD AND AN INDEPENDENT NEUTRAL THIRD PARTY TO MEDIATE THE DISPUTE BETWEEN CANADA AND IROQUOIS PEOPLE. Hill is asking that the Queen to provide him with a detailed explanation as to exactly what procedure is suppose to be followed to establish a legitimate government that really represents the Iroquois people now that the traditional government has been illegally removed by Canada and the Indian Act council is no longer legal under Canadian laws. Hill sent copies of the letter to Ambassador J.H.W. Fietelaars, Embassy of the Netherlands; Cuban President Fidel Castro; Deputy Registrar of the International Court of Justice; French President Jacques Chirac; South African President Nelson Mandela; Governor General of Canada Romeo LeBlanc; and to leaders of the Opposition parties in Parliament. Supporters world wide are being asked (1) to give their ideas on what should be done to solve this situation peacefully and fairly; and (2) to take actions themselves to help the Iroquois people such as sending demanding an independent neutral mediation of this dispute between Canada and the Six Nations Confederacy to: Queen Elizabeth as ally and protector of the Iroquois, Buckingham Palace, London England; Kofi Annan of the United Nations as defender of international human rights, United Nations Plaza, New York City; Canadian Prime Minister Jean Chretien, House of Commons, ottawa Ontario; Minister of Indian Affairs Jane Stewart who wants to play a positive role in repairing the damage of the past, House of Commons, Ottawa, Ontario; and to Canadian embassies in their countries. CONTACT: Richard W. Hill, Sour Springs Road, Six Nations, Grand River Territory (Canada) N0A 1H0 519-445-2033 email kanienke@execulink.com Canadian Alliance In Solidarity with the Native Peoples, P.O. Box 574, Toronto Ontario Canada M5S 1X7 416-635-8696 Fax 416-972-6232 casnp@pathcom.com http://www.pathcom.com/~casnp ------------------------------------------------------------------------- research education action Q u e b e c P u b l i c I n t e r e s t R e s e a r c h G r o u p at Concordia University ------------------ http://alcor.concordia.ca/~qpirg/ ------------------ :-) :-) Message Ends; Signature File Begins (-: (-: George Lessard, Media Activist Community Communication Arts, Training, Management & Mentoring http://members.tripod.com/~media002/index.html Message may be archived @ MediaMentor list public archive http://www.findmail.com/list/mediamentor/ For a free subscription to MediaMentor send a blank message to mediamentor-subscribe@makelist.com --------- "RE: Collection of Quebec Taxes on Mohawk Territory" --------- From: "Mohawk Nation Office" Subj: Mohawk Nation at Kahnawake Position Regarding the Collection of Quebec Taxes on Mohawk Territory Date: Wed, 27 May 1998 15:37:38 -0400 UUCP email The Mohawk Nation at Kahnawake Position Regarding The Collection Of Quebec Taxes on Mohawk Territory As Mohawk Nation Citizens, it has always been the position of the People of the Longhouse that we are not tax collectors for any foreign governments. We have never relinquished our absolute sovereignty over our territory nor have we ever given Canada or Quebec the authority to impose taxation within our territories. The Mohawk Nation derives its absolute sovereignty, authority and jurisdiction over its territory from aboriginal occupation, autonomy and a duly constituted government dating back several centuries before the coming of the Europeans. Therefore it is illegal to collect taxes for the Quebec Government. Our collective rights have been violated by the actions of one member of the community of Kahnawake. In an article in The Montreal Gazette dated May 26, 1998, about an Extreme Fighting match to be held on May 30, 1998, it was stated that taxes would be charged on tickets sold for this event. These taxes would then be "turned over to the government" as stated by Michael Thomas, a Kahnawake resident and promoter of the event. Ghyslain Laflamme, president of the Regie des Alcools, des Courses et des Jeux characterizes this agreement as "historic". In all respects this is historic, it's the first time any Mohawk agreed to collect taxes for Quebec on an event held in Kahnawake. The actions of one individual seeking personal financial gain will have far-reaching effects on all of us. It is time to remember that we must think of seven generations into the future. Our actions affect the future generations of Kahnawakeronon. It is time to state once again that we must be vigilant at all times to stop the encroachment of taxation on our territory. The time is now! The future of all our children is at stake. A boycott of this event will clearly show where you stand with regards to taxation on our territory. Passed in The Peoples Council at Kahnawake May 27, 1998 ------------------------------------------------------------------------- Mohawk Nation Office - Kahnawake Branch Visit our new site! http://www.cyberglobe.net/users/mnation --------- "RE: Bear Lincoln DA Reelection" --------- Date: Fri, 29 May 1998 01:47:44 -0700 From: Nicholas Wilson Subj: Bear Lincoln DA Reelection UUCP email Letter to the Editor The Press Democrat Santa Rosa, California May 28, 1998 Editor: The May 27 story and editorial about the Mendocino DA candidates mentioned DA candidate Norm Vroman's tax conviction, but omitted the fact that DA Susan Massini was convicted last October 12 of contempt of court, sentenced to five days in jail and fined $500 for violating the gag order in the Bear Lincoln case by talking about it to the Press Democrat. The story said the Lincoln jury voted 10-2 for acquittal. Wrong! They voted unanimously for acquittal on first and second degree murder and attempted first and second degree murder. Only on manslaughter were there two votes against acquittal, and according to other jurors one of the holdouts was the wife of DA candidate Al Kubanis. Kubanis says either the DA's office assessed the evidence wrongly in charging Lincoln with capital murder or else the prosecutor bungled presenting the case to the jury. Apparently Kubanis believes it's the latter, but the jurors have spoken clearly that the evidence was not even close to supporting the murder charges. Based on their public statements, the majority of jurors believe Bear Lincoln acted in self-defense after seeing his friend Acorn Peters shot dead in front of him by unseen assailants. They believe surviving deputy Dennis Miller did not tell the truth about what happened that night, and that Miller probably accidentally shot deputy Bob Davis. Jurors met with Massini after the trial and told her that the evidence was not there for a retrial, and that star witness Miller and head investigator Sgt. Roy Gourley were caught in falsehoods on the witness stand. It's clear to me that Massini's decision to retry Lincoln on the manslaughter charge is political, based not on evidence but on her ambition to be reelected and her need to placate the sheriff's department. Sheriff Tuso has made it clear that he refuses to accept the jury's verdict, and has even promoted Miller to sergeant. At least Tuso has wisely chosen not to run for reelection. Too bad Massini didn't follow his example. I suggest voting for Norm Vroman. He's the only candidate who says he would not retry Bear Lincoln. Nicholas Wilson P.O. Box 943 Mendocino CA 95460 *********************************************************** * U.S. Mail to: * * Nicholas Wilson * * P.O. Box 943 * * Mendocino CA 95460 * * Albion Monitor online newspaper covers Bari and Lincoln * * http://www.monitor.net/monitor * * Official Judi Bari Home Page * * http://www.monitor.net/~bari * * Bear Lincoln/Round Valley web sites: * * http://www.monitor.net/~bear * * http://kafka.uvic.ca/~vipirg/SISIS/emerg/bear.html * * http://www.dickshovel.com/beara.html * * http://www.planet-peace.org/round_valley/ * *********************************************************** --------- "RE: Crow Coal" --------- Date: Sat, 30 May 1998 22:22:41 -0700 (PDT) From: Aqiimuk@aol.com Subj: Crow Coal-Court Mailing List: TRIBALLAW (triballaw@thecity.sfsu.edu) ARTICLES ARTICLES & LINKS TO NATIVE AMERICAN NEWS Crow Coal-Court spares state $58 million, maybe more By LORNA THACKERAY Of The Gazette Staff The Billings Gazette Reprinted by permission of the Billings Gazette Montana and Big Horn County do not have to pay the Crow Tribe $58.2 million in taxes illegally collected on Crow-owned coal or hundreds of millions more in interest demanded by the tribe, the U.S. Supreme Court ruled Monday. The justices, however, left the door ajar enough for the tribe to seek any lesser amount it can persuade Chief U.S. District Judge Jack Shanstrom in Billings that it is entitled to receive. That could be tough going. In his 1994 ruling in the case, Shanstrom said that he was not convinced restitution to the tribe was warranted. Shanstrom's decision in favor of the state was overturned in 1996 by the U.S. 9th Circuit Court of Appeals, which said the state had to pay the back taxes. It was the 9th Circuit's decision that was reversed by the Supreme Court Monday morning. "This is a significant victory for the state," Montana Attorney General Joe Mazurek said. "It's certainly taken a heavy weight off the legislature for the coming budget session. If the court had ruled against us, we potentially could have been dealing with a $300 to $400 million judgment here." "Disappointed " was how Robert Pelcyger, the Boulder, Colo., attorney representing the tribe, described the Crow reaction. But he said he did not consider the case over. "The court said that while we are not entitled to all (the back taxes), we may be entitled to some," he said. "I have to talk to my client. It's premature to comment on what our next step will be." Tribal Tax Commissioner Dennis Adams said the state and tribe will now have to decide whether they want to consider a settlement or go back to court for another four or five years of litigation. He said the tribe has always been interested in reaching an out-of-court agreement with the state, but that Montana has not responded. "The tribe has never closed that door," he said. Mazurek said it is too soon to tell whether a settlement is feasible. It's up to the tribe to take the next step, he said. If the tribe makes an offer, the state will have to consider it in the light of a thorough analysis of the court's decision, he said. The lawsuit has been the courts for more than 20-years - almost since the state began collecting its 30 percent severance tax in 1976. It has been to the U.S. Supreme Court three times and has cost both sides millions in legal fees and expenses. Montana's taxes on coal owned by the Crow Tribe were ruled illegal in 1988 by the Supreme Court. At that time, the tribe received about $30 million in protested taxes collected in an escrow account set up in 1983. Then the battle began over taxes paid before the escrow account was established. Between 1976 and 1983, the state collected about $47 million in severance tax on Crow coal. Big Horn County took in another $11 million in gross proceeds taxes. Those tax dollars should have gone to the tribe, not the state, attorneys for the Crow argued. The attorneys said the state had collected four times as much in taxes on the coal as the tribe had received in royalties. Montana Solicitor Clay Smith through the years has clung tenaciously to the argument that the tribe can't recover back taxes because it didn't pay them. They were paid by Westmoreland Resources, the only company currently mining Crow-owed coal. Westmoreland operates in the Sarpy Creek area just north of the reservation on land that once was part of the reservation. The strip was ceded to the government and opened to white settlement in 1904, but the mineral rights were retained by the United States for the tribe. Westmoreland started shipping coal to Midwestern utility companies in 1974. The justices agreed that as a rule, non-taxpayers can't sue for a refund of taxes paid by someone else, and that the taxpayer in this case, Westmoreland, had not challenged the state taxes. The tribe argued, however, that the money it was seeking did not fall into the category of a refund. Westmoreland owed the tax, but paid it to the wrong government, the tribe maintained. It also contended that the state's taxes adversely affected the tribal economy by reducing the demand for its coal and reducing the royalties it could charge Westmoreland. In an opinion written by Justice Ruth Bader Ginsburg, the court relied on its 1989 decision that New Mexico could impose its severance taxes on oil and gas on the Jicarilla Apache Reservation produced by Cotton Petroleum. In that case, the court held that neither the state nor the tribe enjoys the right to tax to the total exclusion of the other. The justices found that the state tax didn't prevent the Crow Tribe from collecting its own 25 percent severance tax from 1976 to 1983. The tribe couldn't collect its tax because the secretary of Interior had not approved application of the tax to coal mined on the ceded strip outside the boundaries of the reservation, the court said. In responding to the tribe's argument that it had been harmed economically by the tax, the justices noted that no evidence was presented that Westmoreland would have paid a higher royalty to the tribe without the state taxes. The royalty agreed to in 1974 was both high and long term, they said. The court also found that Shanstrom did not award damages to the tribe based on actual losses in his 1994 decision because the tribe's complaint did not ask for compensatory damages. The justice concluded that the tribe did not show entitlement to actual damages. Although the court was unanimous in overturning the 9th Circuit decision, Justices David H. Souter and Sandra Day O'Connor dissented in part. Writing for the two, Souter said the court had made it too difficult for the tribe to collect any money. In Big Horn County, which could have taken a major hit if the decision had gone the other way, County Commissioner John Pretty On Top had mixed feelings. In addition to his duties as a county official, he is a member of the Crow Tribe. "I guess I don't mind," he said. "I've got allegiance to both sides. It's something that's been hanging over our heads for a long time. Either way, it's the county's money and more than half the county is the Crow Tribe." Original article IF YOU HAVE ANY SUGGESTIONS ON LINKS, EMAIL US AT DWETZ@WTP.NET --------- "RE: HIV & Diabetes Soaring" --------- Date: Thu, 28 May 1998 04:05:37 -0800 From: SISIS@envirolink.org (S.I.S.I.S.) Subj: HIV & Diabetes Soaring :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: NATIVE HEALTH Globe and Mail, May 27, 1998, Page A28 [S.I.S.I.S. note: The following mainstream news article may contain biased or distorted information and may be missing pertinent facts and/or context. It is provided for reference only.] "Injection drug use is now the single most important risk factor for HIV infection among Native Canadians," reports The Medical Post. A study of HIV and aboriginal peoples finds that the proportion of HIV cases attributed to intravenous drug use has risen dramatically in the past decade, from less than 4 per cent before 1989 to more than 35 per cent between 1993 and 1996. In the United States, reports The Denver Post, 20 to 50 per cent of adults in many native tribes have been diagnosed with diabetes. "The actual incidence could be as high as twice that because according to the American Diabetes Association, as a rule, for every diagnosed person, there's someone with the disease who doesn't know it yet." :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: Letters to the Globe and Mail - mailto:letters@GlobeAndMail.ca In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL: SISIS@envirolink.org WWW: http://kafka.uvic.ca/~vipirg/SISIS/SISmain.html --------- "RE: Texas Archaeological Site Alert" --------- Date: Tue, 26 May 1998 19:55:52 -0600 From: El Paso Info Subj: Texas Archaeological Site Alert Newsgroups: alt.native,soc.culture.native Texas Archaeological Site Alert * * * * * * * * * * * * * * * * * * * * * * * * * Important information about the destruction of an Ancient Village Site and Migratory Bird Wetlands From the El Paso Archaeological Society http://www.EPAS.com With your help, the 100-acre Keystone Dam/Doniphan Wetland site in El Paso's Upper Valley area can be saved from proposed commercial/industrial development. The Keystone Dam site (41EP494), is listed as a Texas State Archaeological Landmark and is eligible for the National Register of Historic Places. It contains the remnants of a major prehistoric Native American village dating back at least 4,500 years. It was considered important enough in the 1980's for the Army Corps of Engineers to redesign the dam to preserve the site thus giving it the name "Keystone". It holds an estimated 35-40 pithouses, ten times the number from other similar sites in the region. The National Geographic Society has reviewed preliminary archaeological findings and has determined that the Keystone Dam cultural site "ranks as a highly important discovery" and "may be the largest and one of the oldest villages of it's kind in the United States. " This discovery has also raised the interest of the Smithsonian Institute, the Washington Post, and Time Magazine. The adjacent Doniphan Wetland is one of the last remaining natural wetland areas within the El Paso area. This wetland habitat is characterized by a native bosque plant and waterfowl community once common along the Rio Grande River corridor and has a great ecological, educational, and recreational potential. A tremendous opportunity exists to protect this ancient village and endangered wetland. This site is an important link to the archaeological past of the Native Americans of the southwestern United States. The Keystone Dam site, and it's associated Doniphan Wetland, are a valuable historic, cultural, and natural resource, and one that deserves to be preserved for the citizens of El Paso. The Upper Valley Neighborhood Association is negotiating to develop a park/museum, with trails, benches, picnic tables, an amphitheater, and all the amenities that would make it a destination for nature and history buffs, as well as the Tourist or El Pasoan looking for a relaxing location to spend an afternoon. If we don't act now, commercial/industrial development of the Keystone Dam/Doniphan Wetland property will soon begin. Please write, call or e- mail your local, state, and federal representatives as soon as possible. http://www.EPAS.com - - - - - - - - - - - - - - - - - - - - - - - - - - - - El Paso Archaeological Society A nonprofit Organization founded in 1922 P.O. Box 4345, El Paso, Texas 79914 (915) 751-3295 mailto:info@epas.com http://www.EPAS.com --------- "RE: Work-To-Welfare' On Horizon For Indian Tribes" --------- Date: Thu, 28 May 1998 15:16:09 EDT From: AOLNews@aol.com Subj: Work-To-Welfare' On Horizon For Indian Tribes, Says... Press Release Work-To-Welfare' On Horizon For Indian Tribes, Says Libertarian Party Of California LOS ANGELES, May 28 /PRNewswire/ -- The following statement is being issued by the California Libertarian Party: California is threatening to send thousands of Indians back on welfare - by depriving them of the right to earn a living through gaming, the Libertarian Party of California charged today. "Politicians have been touting 'welfare-to-work' programs lately. This is the first example I've seen of 'work-to-welfare,' and it's absolutely tragic," declared Libertarian state chair Mark Hinkle. Hinkle's statement comes in the midst of the ongoing feud between Governor Pete Wilson and California's 41 Indian gaming tribes. After signing a compact with the nongaming Pala band of Mission Indians in March, Wilson demanded that all California gaming tribes accept the Pala compact or risk shutdown of their gaming machines. In response to the current crisis, the Libertarian Party of California passed a resolution in support of Indian gaming. At issue are "Class III," or Las Vegas-style games, which under the federal Indian Gaming Regulatory Act require a negotiated compact between tribe and state government for their operation. An estimated 13,000 Class III machines are operating in California without a compact. Tribes argue that the Pala compact is too restrictive and would hurt gaming. The compact gives each tribe an allotment of 199 video gaming machines. Nongaming tribes can lease their machines to gaming tribes, but no tribe can operate more than 975 machines. Yesterday, the Secretary of State announced that a ballot measure which would preserve Las Vegas-style Indian gaming had qualified for the November ballot. But also yesterday, the State Senate voted 21-10 to ratify the Pala compact. California's four U.S. Attorneys have filed civil forfeiture suits to seize or shut down tribal slot machines. Is California afraid of a little competition for its state-run lottery? "It certainly seems that way," observed Hinkle. "Taking away the gaming machines will only serve to deprive these tribes of the only method of economic development that has ever worked on reservations." Indian gaming is a $5 billion dollar industry nationwide, according to Gaming & Wagering Magazine. In San Diego County alone, tribal gaming has produced 5,000 jobs with a $22 million annual payroll, according to the National Indian Gaming Association. "Prior to gaming, federal handouts were the primary source of income for most tribes," noted Hinkle. "Thanks to gaming, tribes have broken the cycle of welfare dependency." Should the federal or state governments have any say in what Indians do on reservations? "Absolutely not," Hinkle asserted. "Indian tribes are sovereign nations and have the right to use their property for whatever they choose, including gaming - free of government interference and regulation. "Indian tribes have a gun to their heads. If the government hauls off tribal slot machines, hard working Indians who have struggled for economic independence will be forced back onto the welfare rolls - and you can bet on that." The text of the resolution passed by the Libertarian Party of California follows: -WHEREAS the U.S. Constitution excludes American Indians both from being taxed by, and having elected representatives in, the federal government of the United States; and -WHEREAS American Indian tribes live on property which is not rightfully under the jurisdiction of any government of the United States; and -WHEREAS American Indian tribes are, we believe, correct in asserting that they are sovereign and not subject to the laws of any government of the United States while on American Indian lands; and -WHEREAS the American Indian tribes have paradoxically traded away the practical reality of their sovereignty in exchange for common material benefits from the United States federal government including health, education, and welfare benefits "forever": -BE IT THEREFORE RESOLVED that the Libertarian Party of California supports full and unrestricted rights of American Indian tribes to use their own property for any and all peaceful purposes of their choosing (including gaming or gambling) "forever"; -BE IT FURTHER RESOLVED that, as rights must always be balanced by responsibilities, the Libertarian Party of California supports a discontinuance of all federal and state health, education, and welfare benefits to Indian tribes "forever"; -BE IT FINALLY RESOLVED that, in order to bring meaning and specificity to these resolutions, the Libertarian Party of California calls for: a) repeal of all California state laws which subsidize or regulate American Indian tribes, and b) an end to activities of the federal Bureau of Indian Affairs within the borders of the State of California. SOURCE California Libertarian Party CO: California Libertarian Party ST: California --------- "RE: Trust Fund Trial" --------- Date: Sat, 30 May 1998 22:22:02 -0700 (PDT) From: Aqiimuk@aol.com Subj: trust fund trial Mailing List: TRIBALLAW (triballaw@thecity.sfsu.edu) www.abqtrib.com:Indian trust fund Published 2:30 p.m., Wednesday, 6 May '98 NOTICE: This site is not updated on Sunday or Monday ------------------------------------------------------------------------ Tribes claim fed agency mismanaged millions of dollars in individual accounts By Rachel Smolkin TRIBUNE REPORTER WASHINGTON -- A federal judge has set March 15, 1999, as the trial date for a class-action lawsuit by American Indians accusing the U.S. government of gross financial mismanagement. The tribes contend that the federal government lost, failed to properly invest, or converted to the government's own use money in about 500,000 individual accounts at the Office of Trust Funds Management, based in Albuquerque. No one knows exactly how much money is involved, because many records are missing. But the tribes estimate that hundreds of millions -- perhaps even billions -- of dollars were mishandled over the years. Government lawyers have said the accounts have an estimated value of $500 million. At least $250 million passes through the accounts annually in revenue from oil, gas and timber royalties. The trial will occur in two phases -- the first focusing on fixing the trust-fund system, and the second on reconciling years of disputed accounts. No date has been set for the second part of the trial. In his order Tuesday, U.S. District Judge Royce Lamberth noted that "the court has already determined . . . that plaintiffs are likely to prevail in this case." The Native American Rights Fund brought the lawsuit in June 1996. "Essentially, the court wisely ignored all the further attempts at delay by the Department of Justice and did what is reasonable," said fund attorney Keith Harper. Government attorneys could not be reached for comment Tuesday evening. At an April 23 hearing, government attorneys argued that Lamberth should set a trial date more than two years away to give Interior Secretary Bruce Babbitt and the Office of the Special Trustee time to clean up the system. Babbitt, who controls the trust-funds office, appointed a special trustee in 1995 to oversee improvements and has requested millions of dollars to upgrade the equipment and systems in the Albuquerque office. The Interior Department announced in March that it had awarded a $10 million annual contract to a Pennsylvania company to establish a modern computerized accounting system to manage the trust funds and provide same-day reconciliation. "If they are doing those things, the court need not set a trial," argued Lewis Wiener, a trial attorney for the government. But the tribes contend the improvements aren't enough, especially since the federal government says it lacks the documentation and funds even to try to reconcile individual accounts. The Albuquerque office also manages 1,700 tribal accounts, which are not part of the class-action suit. A study several years ago by the national accounting firm Arthur Andersen found that the Bureau of Indian Affairs -- an agency within the Interior Department -- could not properly account for more than $2.4 billion in tribal trust funds. The Office of the Special Trustee has since been able to account for an additional $400 million. The Interior Department has asked Congress to pay an estimated $20 million to tribes to settle known errors in tribal funds. If Congress accepts the administration proposal, several government offices would work with more than 300 tribes to reach a settlement on what individual tribes are owed and how to reconcile disputed accounts. The tribes have not decided whether to support the proposal. In February 1997, Lamberth allowed the individual class-action suit to go forward. He rejected a claim by government attorneys that account holders do not have enough in common to be legally certified as a "class" in a lawsuit and ruled that every American Indian with an individual account in the 160-year-old trust fund would be included in the suit. 1997 Albuquerque Tribune. With questions about this Web site, contact: gsetser@abqtrib.com or call site sponsor, the Albuquerque Tribune, at 505-823-3653 --------- "RE: NDP Sabotage Own Treaty Process" --------- Date: Tue, 26 May 1998 02:38:36 -0800 From: SISIS@envirolink.org (S.I.S.I.S.) Subj: NDP sabotage own "Treaty process" :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: MESS BODES ILL FOR TREATY PROCESS Victoria Times-Colonist editorial, May 25, 1998, Page A7 [S.I.S.I.S. note: Alec Robertson is a former director of Daishowa, a Japanese based forest multi-national responsible for genocidal clearcutting of Lubicon lands. He came to his BCTC post from a senior partnership in Davis & Co, a giant resource based law firm. The following mainstream news article may contain biased or distorted information and may be missing pertinent facts and/or context. It is provided for reference only.] There's no guarantee that your employer is going to want you forever. But when it takes five appointees from three governmental bodies to hire you in the first place, it ought to take more than one autocrat to get rid of you. BC Treaty Commission head Alec Robertson has a letter promising him a two-year extension on his contract, which expired May 13. But when fledgling Aboriginal Affairs Minister Dale Lovick took it to cabinet for the official stamp of approval, he didn't get it. Robertson has since angrily declined an invitation to stay on until June 30 while a few details are worked out. The official word is that Lovick, taken by surprise a couple of weeks ago when the First Nations Summit rejected some recommendations on fixing up the troubled treaty process, decided he couldn't go ahead with a contract extension until those problems were resolved. Robertson, however, thinks it's more than coincidence that his ouster occurred just as the treaty commission was starting to go after the problems bogging the process down - one of the biggest being a chronic shortage of BC bureaucrats to handle the workload. The five-person commission, which oversees treaty negotiations, includes two appointees from the First Nations Summit and one each from the federal and provincial governments. Those four in turn choose a fifth to be chief commissioner. Robertson's contract extension was endorsed by both First Nations and Ottawa, and BC's unexplained change of heart is sparking concern. There are currently 30 sets of treaty talks being overseen by the commission, far more than anticipated. Robertson says that with long-time aboriginal affairs minister John Cashore no longer in the loop and the deputy minister tied up in the separate Nisga'a talks, it's hard to find an expert anywhere. "The real problem with the process is supply and demand," says Robertson. "BC is under-resourced. it can't handle this many, and in fact would have difficulty handling very many at all." If Robertson can't handle the job, let's spend the time and money to find the person who can. But the circumstances sound far more like the Clark government deciding to shoot the messenger, and that can only be bad news for those caught up in this complex and ruinously slow process. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: Letters to the Times-Colonist - mailto:jknox@victoriatimescolonist.com More information on the BC Treaty Commission, see http://kafka.uvic.ca/~vipirg/SISIS/Clark/BCgovt.html In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL: SISIS@envirolink.org WWW: http://kafka.uvic.ca/~vipirg/SISIS/SISmain.html --------- "RE: BC Treaty Bailout" --------- Date: Sat, 30 May 1998 03:24:49 -0800 From: SISIS@envirolink.org (S.I.S.I.S.) Subj: BC Treaty Bailout :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: FEARS GROWING THAT BC WILL ABANDON THE TREATY PROCESS Vancouver Sun, May 29, 1998, Page A1, by Stewart Bell [S.I.S.I.S. note: The following mainstream news article may contain biased or distorted information and may be missing pertinent facts and/or context. It is provided for reference only.] The B.C. government has been patting itself on the back for the past five years over the way it was working with the federal government and First Nations to resolve the longstanding grievances of the province's native Indian tribes. In one taxpayer-funded brochure, the province said the B.C. Treaty Commission system of negotiating land-claims settlements was "unprecedented and important" and "heralds the beginning of a 'made-in-B.C.' solution." But there are growing fears that, after years of painstaking negotiations in reserve band halls and government office towers across B.C., the provincial government now wants out of the treaty commission. "There's every appearance that the provincial government would really like to back out of the treaty process," said University of Victoria professor Frank Cassidy, former premier Mike Harcourt's adviser on aboriginal issues. The latest suggestion that the treaty process may be in jeopardy came May 13 when the B.C. cabinet reneged on a deal to renew the appointment of the head of the treaty commission, Vancouver lawyer Alec Robertson. As a result, the commission - the organization that oversees treaty talks, loans tens of millions of dollars to Indian bands to finance their land claims and referees disputes in negotiations - is without a leader. In an angry letter to Aboriginal Affairs Minister Dale Lovick last week, the normally-reserved Robertson said B.C.'s decision to "decapitate" the commission had sent a "cynical message" about its commitment to the future of the treaty process. The First Nations Summit, which represents Indian bands in treaty talks, issued a statement saying it feared the move was "the first step in dismantling the independent treaty commission. We are seriously questioning whether there is a hidden agenda here." Lovick challenged that perception, saying he "would like to make very clear that British Columbia is still absolutely and completely committed to the negotiating of treaties process. We have never for a moment deviated from that course. We believe that negotiation is absolutely preferable to litigation and we're doing what we can to ensure that the negotiation process is productive and will work." When the New Democrats came to power in 1991, resolving land claims was a priority. It was not only the just thing to do, the NDP said, it was necessary to end the blockades and court battles that had paralysed rural B.C. and scared away investors. But the NDP government has changed since then. Faced with a weakening economy, it's become wary of any program with a hefty price tag. Many observers also say Premier Glen Clark lacks the enthusiasm that Harcourt had for the issue. The government now views land claims as a political liability - an issue that will not win them the next election, although it could lose it for them. As evidence of Victoria's dwindling support for the treaty commission - a system that sets the rules for three-way talks between the federal government, B.C. and First Nations - federal and tribal officials point to a long list of provincial moves they feel have undermined the process. First, B.C. unilaterally declared that land-claim settlements would be capped at five per cent of the provincial land-mass (arguing that was only fair because aboriginal people made up less than five per cent of the population.) Then B.C. mostly ignored pleas from both aboriginal groups and the treaty commission to limit the harvest of resources from Crown lands subject to claims. In fact, the province set up a company to sell off Crown lands, including some that were the subject of claims. Last year the aboriginal affairs portfolio was combined with labour, meaning the treaty issue no longer had a full-time minister. Then John Cashore was replaced as minister by the junior Dale Lovick. The position of deputy minister has remained vacant since Jack Ebbels left in December to work on the Nisga'a deal. Throughout, the ministry has faced funding and staff cuts. One tribal observer described the over-all effect on the treaty process as "death by a thousand cuts." "They are definitely losing their commitment to the treaty process," said Chief Gail Sparrow of the Musqueam band, who heads the team negotiating a treaty for her large Vancouver-based tribe. Some observers believe the event that has most put the province off the treaty process was the December 1997 Supreme Court of Canada decision on the Gitxsan land claim, the so-called Delgamuukw decision. The decision has been interpreted as strengthening the aboriginal hand in treaty talks, and observers say that has made the province fear it will face much higher settlement costs than the $10 billion it anticipated. B.C. is now rethinking its approach to treaties, saying the existing system hasn't worked. But Sparrow believes the province wants to settle quickly for fear it will end up paying more if it continues with the treaty commission process. "They're scared so they want to settle now, get out of it." Cassidy said B.C. - which under Clark has consistently battled with Ottawa - wants to move towards a new treaty system where the federal government will pay virtually all the costs. "The province is positioning itself so that treaty-making and aboriginal people are a federal responsibility. TREATY NEGOTIATIONS - Since 1993, 49 First Nations have entered the treaty negotiation process. Some have since withdrawn. The process advances through a number of stages including the filing of a statement of intent, a framework agreement (ie.: setting a list of issues for talks), an agreement in principle and ultimately a final agreement. - First Nations that have filed statements of intent: 49 - First Nations that have entered negotiations: 39 - Number of framework agreements signed: 33 - Number of agreements in principle signed: 0 - Final agreements signed: 0 :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: Letters to the Vancouver Sun - mailto:sunletters@pacpress.southam.ca For more information on the BC Treaty Process: http://kafka.uvic.ca/~vipirg/SISIS/Clark/BCgovt.html http://kafka.uvic.ca/~vipirg/SISIS/Clark/switlo.html In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL: SISIS@envirolink.org WWW: http://kafka.uvic.ca/~vipirg/SISIS/SISmain.html --------- "RE: BCTC, Delgamuukw and What's Ticking" --------- Date: Wed, 27 May 1998 03:00:13 -0800 From: SISIS@envirolink.org (S.I.S.I.S.) Subj: BCTC, Delgamuukw and What's Ticking in NDP BC... :-:-:-:-:-:-:-Settlers In Support of Indigenous Sovereignty-:-:-:-:-:-:-: [S.I.S.I.S. note: The following mainstream news article may contain biased or distorted information and may be missing pertinent facts and/or context. It is provided for reference only.] 1. Land-Claims Process is History 2. Consequences of Delgamuukw Decision Now Ticking in BC :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: OH, THAT OLD LAND-CLAIMS PROCESS? IT'S HISTORY Globe and Mail, May 26 1998, Page A23 by Gordon Gibson When a minor NDP cabinet minister deliberately rises to machinegun a socialist Sacred Cow during Question period, you know something is up. Last week's attack on the BC land claims and treaty process by Aboriginal Affairs Minister Dale Lovick was no random act of violence. This was an ideological contract killer at work, following the logic of the American general who destroyed a Vietnamese village in order to save it. We often do things differently in this Province. As columnist Michel C. Auger wrote in Le Journal de Quebec last week, we are (my translation) "the unpredictable BC - the Frank Sinatra of the federation that insists always on doing things MY WAY." That said, Mr Lovick's astonishing escapade makes sense only if you accept a plea of temporary insanity - or are cynical enough to believe that Glen Clark is abandoning principle to reposition himself on line with public opinion on our toughest political issue. To set the stage, since 1992 British Columbia has had a BC Treaty Commission (BCTC), established jointly by the federal government, the provincial government and the Summit, an entity that represents 70 per cent of BC Indians. The job of the commission is to facilitate negotiations on aboriginal land claims that cover most of the province, seeking to resolve them honourably and finally by treaty. The process has been arduous, but about 50 BC bands were making progress in negotiations. (The best known and most advanced claim, that of the Nisga'a, is outside the BCTC's mandate). Six months ago the consensus estimate was that when all deals were done, the total cost would be something like 5 per cent of the land mass of BC and $10-billion. Then the Supreme Court judgment called Delgamuukw last December destroyed the existing process, and vastly increased native expectations of entitlement. Would it now be 25 per cent of the land and $50 billion? (BC's timber lands alone, for example, are worth about $30 billion based on recent transactions.) No one knows how the Supreme Court judges would treat future litigation, and, of course, they spend other people's money. The BCTC encouraged a major series of closed meetings in April to cope with the new uncertainty. The provincial government introduced a totally new plan. Instead of continuing with the current band-by-band negotiations, which also included the issue of self-government, the BC government wants to set that aside for now, and proposes that the three parties agree on a global figure for the total amount of land and cash required to solve everything. Further discussions, especially between bands, would then divide up that total pie. Indian negotiators were uncomfortable. That approach would not only cap aspirations forever, but would pit band against band. Moreover, and this may be the hidden Glen Clark agenda, it would put two huge numbers - hundreds of thousands of square kilometres of land and tens of billions of dollars - right there in the window to terrify the taxpayer. This is the very opposite of the incremental "salami slice" stealth approach to settlement. The feds, paralytically non-committal, weren't any happier, since the fine print of the proposal would load them with much higher costs. The hoped-for consensus began at once to unravel. Then Alec Robertson, the chief commissioner of the BCTC was turfed: His reappointment was rejected by Victoria only seven days after BC's Aboriginal Affairs Minister had explicitly agreed to it with Ottawa and the Summit. Mr. Robertson wrote a powerful departing letter last Wednesday, describing the situation, stating that the commission was now more necessary than ever, and accusing the province of "bad faith". And so questions were directed to Minister Lovick in the legislature. Mr. Lovick had this to say about the existing situation: "If I were to carry on with the approach that has been taken thus far and taken historically, we would probably, at a conservative estimate, still be negotiating a hundred years from now. Also, we would bankrupt the province in the process." Say what? This "approach" was fathered by the NDP, as being absolutely essential for progress. Now that Sacred Cow is dead. This is an amazing reversal. Meanwhile, the Clark government is making every effort to deliver a final treaty with the Nisga'a. (The Nisga'a leaders have stated that a deal is a deal, and Delgamuukw will not reopen the agreement-in-principle they achieved in 1996.) That first modern treaty would be presented as proof that Glen Clark is always ready to make a fair settlement. Failure in the negotiations covering the rest of the province must therefore be the fault of the courts, the feds, the Summit, whoever. If the treaty process elsewhere in BC were to blow up, anger would take over, and the landscape would soon be littered with litigation, injunctions and a summer of blockades and potential violence. In this chaotic scenario Mr. Clark could suddenly morph into the champion of law, order and the taxpayer, seeking a mandate to have Ottawa come down hard to solve the problems fostered by its remote court, at no cost to BC. This would be finishing in troubled waters indeed - surely as unlikely as, say, starting a war with Ottawa and Washington over salmon? :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: CONSEQUENCES OF DELGAMUUKW DECISION NOW TICKING IN B.C. Globe and Mail, May 26, 1998, Page A22, by Jeffrey Simpson Five months after the Supreme Court of Canada's historic Delgamuukw ruling on aboriginal title to land, the first, flickering indications of its potentially momentous impact on British Columbia are appearing. While governments and business try to predict how Delgamuukw might change negotiations toward new treaties or lead to fresh litigation, some aboriginal groups are using Delgamuukw in court cases. Five aboriginal nations have started, or restarted, litigation using, in part, the Supreme Court decision to underpin their claims to aboriginal title. Perhaps the most striking involves the Sechelt nation on the Sunshine Coast north of Vancouver. In 1986, the Sechelt negotiated a self- government act that gave them something akin to the powers of a municipal government on their reserve. Twelve years later, partly inspired by Delgamuukw, the Sechelt have started litigation for aboriginal title to a large region of what they say is their traditional territory running from the coast inland between Howe Sound and an area north of Jervis Inlet. At least seven timber companies, including such giants as Fletcher Challenge and Canadian Forest Products, have leases on Crown land claimed by the Sechelt. In their statement of claim, the Sechelt argue that moneys paid by leaseholders to the Crown should be paid to the Sechelt. In words inspired by Delgamuukw, the Sechelt claim to have been "denied their rights of occupation, possession and use of the traditional territory, their rights to choose to what uses the traditional territory may be put and to realize economic benefits from the traditional territory. .." Much farther north, around the Nass Valley, the Gitanyow have been arguing for years that 84 per cent of the land claimed by the Nisga'a is part of traditional Gitanyow territory. Negotiations toward a final settlement of the Nisga'a claim, meanwhile, are in the last stage. The Gitanyow, in a March 6 statement of claim, insist the Nisga'a negotiations are unfair because they exclude the Gitanyow. The echoes of Delgamuukw, which significantly widened the legal weight that courts must give oral renderings of historical events by aboriginals, are heard in the Gitanyow statement of claim. The Gitanyow claim thus illustrates not only the traditional arguments by aboriginal peoples against the Crown, but also the tensions that arise between aboriginal peoples whose claims overlap. A classic instance of that intra-aboriginal tension occurred on April 22 when the Yale band claimed aboriginal title, including the right to fish, on part of the Fraser River where the federal government had previously allowed the Stolo nation the right to fish commercially as well as for ceremonial and sustenance purposes. The clash of rights, and the search for commercial gain, that set the Stolo and Yale against each other is something endemic to BC land claims because so many claims overlap. Even the area claimed by the Sechelt contains a small piece of territory traditionally claimed by the Sliammon. In part of the Rocky Mountain Trench near the finger-shaped Williston Lake northwest of Fort St. John, overlapping claims involve the Takla Lake band and the Tsay Keh Dene. Both groups have started litigation to halt the Kemess mine owned by Royal Oak Mines. That mine received approval under both provincial and federal environmental-assessment laws, but the two aboriginal groups, relying on Delgamuukw, claim that none of the provincial or federal statutes are lawful because they infringe on the bands' aboriginal title. The claim to that title has been strengthened by Delgamuukw. Claims to aboriginal title certainly did not begin with the Delgamuukw decision. Aboriginals had been making sweeping claims for years and, in many cases, had entered a treaty-negotiation process with Ottawa and British Columbia. What Delgamuukw did, in ways yet to be tested in courts or negotiations, was to widen the support underlying aboriginal arguments for title. The result has been business uncertainty about who has which rights over wide swaths of British Columbia. Delgamuukw also has caused Ottawa and Victoria to rethink the treaty negotiation process. Announcement of a new process, or a streamlined variation of the old one is expected soon. That Delgamuukw may be hugely consequential is widely acknowledged, but just how those consequences will play themselves out remains the subject of speculation, hope and anxiety. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: Letters to the Globe and Mail - mailto:letters@GlobeAndMail.ca More information Delgamuukw and the BC Treaty Process: http://kafka.uvic.ca/~vipirg/SISIS/Clark/scchoax.html http://kafka.uvic.ca/~vipirg/SISIS/Clark/switlo.html http://kafka.uvic.ca/~vipirg/SISIS/Clark/97delrul.html In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL: SISIS@envirolink.org WWW: http://kafka.uvic.ca/~vipirg/SISIS/SISmain.html --------- "RE: 4,000,000 Voices for Chiapas" --------- Date: Tue, 26 May 1998 22:25:56 -0400 From: not@inthe.game (justanoldman) Subj: 4,000,000 voices for Chiapas Newsgroup: alt.native (I don't have to love the Christians; just use 'em... sort of a fractional payback) We, the Ottawa Committee for Solidarity with Chiapas, can announce with sincere thanks and deep humility, that our small voice, in support of the Mayan peoples in Chiapas & other Indigenous Nations in Mexico, has been heard and ACTED upon by several million Canadians this past Sunday. At their Annual Assembly, the Montreal and Ottawa Conference of The United Church of Canada, representing over 400 congregations in Quebec and Ontario provinces, on 24 May, 1998, UNANIMOUSLY passed the following resolution. This resolution will UNDOUBTEDLY be carried forward to the General Assembly of ALL of the UCC's Conferences of Canada later this year, and will UNDOUBTEDLY pass unanimously there also. The United Church of Canada is the largest Protestant Christian Church in Canada, formed in 1925 with the coming together of the Presbyterian, Methodist and Congregationalist denominations. There are roughly 1,000,000 families (approx 4,000,000 people) across Canada who are active members of the Church. We extend our deepest and heartfelt gratitude to the United Church of Canada for this commitment to the well-being and liberty of the Maya in Chiapas and to that of all of the Indigenous Peoples in Mexico. masi:CHO... ------------------- (cut) ------------------- THE ANNUAL ASSEMBLY OF THE OTTAWA & MONTREAL CONFERENCE OF THE UNITED CHURCH OF CANADA 22-24 MAY, 1998 MONTREAL, QUEBEC, CANADA RESOLUTION Title: Justice for the Indigenous Peoples of Chiapas Submitted by: Members of the Ottawa Presbytery WHEREAS the unjust system of racism and economic and political repression being practised against the Indigenous Peoples of Chiapas is contrary to the life and teachings of Jesus Christ, and WHEREAS mindful that Canada is a trading partner with Mexico through NAFTA, but that Canada's sales of munitions to the Mexican Army, which may have been used to kill and maim Mayan children, women and men in Chiapas, have drastically increased since 1995, and WHEREAS 21 women, 9 children and 15 men were assassinated in Acteal in December, while countless others were horribly maimed and disfigured, by army-backed paramilitary groups, and that the army and these groups are responsible for countless deaths, disappearances and illegal detentions since then, and WHEREAS members of the clergy in Chiapas and neighbouring Guatemala have increasingly become the targets of death squads and harassment, as witnessed by the threats on the life of Bishop Samuel Ruiz of San Cristobal de las Casas and the murder of Bishop Girardi of Guatemala who documented and analysed tens of thousands of cases of human rights violations in recent years against Mayan Indians, and WHEREAS some tens of thousands of Chiapas citizens have been forcibly displaced to refugee camps in the most inhumane of living conditions and that the 70,000 strong Mexican Army has instituted a campaign of terror in Chiapas, including the wholesale raping of women and the deliberate setting of countless forest fires whose smoke is choking the skies as far north as Texas, and WHEREAS even before the worsening conditions brought on by the current troubles, extreme poverty and desolation existed in the region as a result of the systemic racism, including 2/3 of the population being illiterate, having no running water or electricity, and WHEREAS, on May 11, 1998, the Head of the Canadian Parliamentary Delegation to Chiapas declared that the five MP's had seen indescribable suffering and abject misery in the camps, which are the direct result of the abuse of human rights, and in February, the 210 member International Civil Commission for Human Rights in Chiapas discovered intensive militarisation of the area by the Mexican Government, unspeakable actions by the army-backed paramilitary groups, a generalised campaign of terror, and the repression against all forms of organisation by civil society, and WHEREAS the Mexican Government has unceremoniously expelled all human rights observers from the area, including two young Canadian women in April 1998 and an Italian delegation of 130 human rights observers on May 10, 1998, and WHEREAS the Mexican Government negotiated and signed the San Andres Peace Accords in February 1996 but has since by all appearances chosen a path of deliberate suffering, genocide and of seeking the absolute submission of the Indigenous Peoples of Chiapas. THEREFORE, BE IT RESOLVED that the M & O Conference of the United Church of Canada, urge the Government of Canada, via a letter to the Minister of External Affairs, the Honourable Lloyd Axworthy: 1. To impose an immediate moratorium on the approval of all export permits for the sale of bullets and other military munitions to Mexico; and, 2. To pressure the Mexican Government to demilitarize Chiapas and to disarm all paramilitary groups; and, 3. To impress upon Mexico the urgent need to allow Chiapas people to leave the refugee camps immediately and return safely to their communities; and, 4. To pressure the Mexican Government to accept the presence in Chiapas of the International Red Cross and of international and Mexican human rights observers in all of the communities; and 5. To fully implement the San Andres Accords as signed in February, 1996 CARRIED UNANIMOUSLY - SUNDAY, 24 MAY, 1998 - IN MONTREAL, QUEBEC, CANADA --------- "RE: A Slow, Simmering War" --------- Date: Fri, 29 May 1998 10:17:48 -0500 (CDT) From: owner-chiapas95-english@eco.utexas.edu (Chiapas95-english)(FWD) Subj: E;PhInq:In Chiapas, a slow, simmering war, May 25 This posting has been forwarded to you as a service of Accion Zapatista de Austin. ------- FORWARD, Original message follows ------- Date: Mon, 25 May 1998 21:59:20 -0400 (EDT) From: Mauricio Banda The Philadelphia Inquirer, May 25, 1998 In southern Mexico, a slow, simmering war Some flee Chiapas while others are forced out. By Gwen Florio INQUIRER STAFF WRITER Inquirer photographs by Ron Cortes MORELIA, Mexico -- The men of Morelia are conspicuous by their absence. Women now form the front lines in the four-year test of wills between the government and the Zapatista rebels in Mexico's southern state of Chiapas. The men are in hiding, wary of a recent government crackdown in which foreigners have been deported and Mexican citizens arrested during military raids on villages aligned with the Zapatistas. So when Mexican army troops tried to enter Morelia -- a self-proclaimed "center of resistance" against the government -- barefoot women with babies swaying on their backs stooped to grab sticks and stones, then rushed to confront heavily armed men in trucks. "We yelled at them: 'Go back to your military camps!' " said one woman, chortling at the memory of the soldiers' frustrated retreat earlier this year. But then her smile faded and her voice thickened as she added: "We think they will try to come back. And if they come back, there will be more death." There has been plenty of death in Chiapas since Jan. 1, 1994, when the Zapatista Army of National Liberation -- led by the ski-masked, pipe- smoking Subcomandante Marcos, who posts progress reports and poetry on the Internet -- staged an uprising in Mexico's poorest state. More than 150 people were killed before a cease-fire was called after 11 days. Now, after four years of on-again, off-again peace talks between the Zapatistas and the government, Chiapas seems more at war than ever: * About one-third of Mexico's military is here, with 50,000 troops patrolling roads and manning checkpoints near Zapatista-aligned communities such as Morelia. * The military is reinforced by state security police and immigration officials and by paramilitary groups -- allegedly backed by the ruling political party -- that roam the hills and jungles, terrorizing residents, human-rights groups say. * About 15,000 people have fled their homes for makeshift refugee settlements in the mountains and in the highland colonial town of San Cristobal de las Casas, the nearest city to the troubled communities. * And at least 1,000 more people have been killed. Most of the dead were slain singly or in small groups. Locals liken the nature of the low-intensity warfare to el chupacabras, a blood-sucking monster of Latin American legend. The single worst incident of the drawn-out conflict occurred three days before Christmas, when paramilitaries slaughtered 45 unarmed people, including three pregnant women and 15 babies and children, who had sought refuge in a church in the highlands hamlet of Acteal. The massacre refocused international attention on the troubles in Chiapas. There are an estimated 4,500 North Americans and Europeans in the state, many of them human-rights workers drawn by the conflict. Some 200 have been expelled since 1994. Recently, the government stepped up that pace with the expulsion of 12 foreigners on Easter, when 750 troops raided the village of Taniperlas near the Lacondon jungle. Earlier this month, Mexico expelled more than 100 members of an Italian human- rights delegation who tried to enter Taniperlas to check on conditions after the raid. The communities targeted for military raids are, like Morelia, among the 42 of Chiapas' 110 municipalities that have declared themselves autonomous from the state and federal government. That makes them natural targets for the soldiers who enter on the pretext of ferreting out criminals, drugs, arms -- and meddling foreigners. Word of such military actions travels a rumor mill far more swiftly than via the spotty and ineffective telephone service. In Morelia, where people live in homes with dirt floors and cook over open fires, the details of the raid in Taniperlas -- a town more than five hours away -- are well- known. "We don't want what happened in Taniperlas to happen here," said a woman who, like nearly everyone interviewed, did not want her name used. As was the case in Taniperlas, a group of foreign human-rights observers lives in Morelia. "We've seen what happens when the army comes," the woman added bitterly, referring to a 1994 raid on Morelia that left three elders dead and homes looted and burned. "They grab the men. They torture them. They kill people. "The government has never done anything for the peasants. If it had, there wouldn't be this situation." The whole point of the rebellion was to make life better for the peasants. Chiapas is richer in resources, mainly oil and electricity, than any other state in Mexico. Yet, except for a handful of landowners, its people are the country's poorest. "It's got the highest incidence of everything -- illiteracy, infant mortality, female death-in-childbirth rates," said Tom Davies, who heads the Latin American studies department at San Diego State University. Worst off are the state's 700,000 indigenous people, descendants of the Mayans. It was on their behalf that the Zapatistas -- who take their name from Emiliano Zapata, who championed the rights of peasants during the Mexican Revolution (1910-11) -- staged the uprising. The 1994 revolt was timed to coincide with the inauguration of the North American Free Trade Agreement. NAFTA was supposed to boost Mexico's faltering economy, but many would-be investors took one look at the rebellion and balked, Davies said. "Not only did capital leave Mexico, but millions of dollars didn't come in," he said. "Businessmen don't like revolution." That reality helped push the government into negotiations with the Zapatistas. In 1996, the two sides signed an agreement that, among other things, allowed Indian communities to set up their own local governments. But the federal government, led by President Ernesto Zedillo, never passed the laws necessary to put the reforms into effect. Thus, the government now claims that autonomous communities, such as Morelia, violate Mexican law. In March, Zedillo infuriated Zapatista supporters by proposing laws based on a watered-down version of the 1996 accord. When the Zapatistas rejected the unilaterally rewritten plan, Zedillo accused them of being unwilling to negotiate. Late last month, Zedillo flew to Chiapas, where he announced a hefty financial-aid package to municipalities there. In effect, the money is going to towns governed by his own Industrial Revolutionary Party (PRI), since Zapatista communities refuse all state and federal aid. While in Chiapas, Zedillo made a series of televised speeches in PRI- controlled towns. At each one, front-row seats were given over to the highly telegenic Indians, the women in their brightly embroidered blouses, the men in traditional short white shirts and beribboned hats. "The government will never take the path of violence and death. That generates hate," Zedillo told the crowds of party loyalists. ". . . But that doesn't mean we don't need to establish order in the state." Some human-rights observers found his words ominous. "It's a myth for the government, for Zedillo, to say, 'We only want a peaceful solution,' " said Eric Olson, senior associate for Mexico at the Washington Office on Latin America, a human-rights organization. "Although this conflict has taken on new dimensions that are not military, I think the government has seen this as a military conflict, an armed insurgency, so they've developed this process to deal with it." Until recently, the government dealt with Chiapas by participating in sporadic peace talks. Otherwise, it mostly ignored the problems here, attributing them to quarrels among local factions. Now, in a sharp change in policy, the government has shifted the blame to foreigners. The Zapatista Army, never much of a military force -- at most, it had about 2,000 soldiers, a number estimated to have dwindled to a few hundred -- has vocal supporters in both Europe and the United States. These days, it more resembles a social movement than an army. But the government, with its military raids and deportations, isn't treating it that way. The raids keep villagers on edge. The deportations affect human-rights workers, some of whom live or work in Zapatista-aligned communities as observers. Many are in Chiapas on six-month tourist visas. The Mexican authorities have begun enforcing a ban on interference by tourists in national politics. Immigration authorities have set up checkpoints outside Acteal, Morelia and other sensitive areas. Often, people with tourist visas are firmly turned away. David Huey, of Global Exchange, a San Francisco-based human-rights group with a branch in San Cristobal, said the crackdown had severely curtailed his agency's work, which includes arranging "reality tours" for people interested in the conflict. "We just can't go anywhere," he said. "It's a nightmare. Some places you can get to, but it's real cloak-and-dagger stuff." About half of the 15,000 people who have fled their homes during the four years of the Zapatista uprising have settled in and around the village of Polho, which clings to a steep mountainside in the Chenhalo region, where coffee is grown. The refugees have overwhelmed the town, formerly home to just 3,000 people, and attracted the unwelcome attention of the military, which maintains a post just outside Polho. Every half-hour or so, an olive-drab truck full of soldiers lurches past, slowing for los topes -- the speed bumps -- that add to the challenge of driving on Chiapas' twisting mountain roads. The passing trucks are eyeballed by a row of Tzotzil Indian women sitting behind a rope stretched across the dirt track that runs from the main road down into Polho. The women have guarded the road in shifts 24 hours a day since the army's Easter raid on Taniperlas. Like that village, Polho is a Zapatista town. Now Polho's men, deemed most likely to be targeted for violence, are in hiding in the mountains. Its women are braced for a similar raid on Polho, and say they are not running away anymore. The refugees are from different villages but tell similar stories. "It was Nov. 10," said a woman from the village of Esperanza in the formalized phrases of Tzotzil. "It was cold and raining. "The paramilitaries came in with the soldiers. They began to shoot so that people would go running. They burned houses and robbed the people of all their belongings. "We ran to the mountains for one night. Then we came here. We were left with only the clothes we were wearing." The Tzotzil are poor enough as it is. Village homes are made of rough boards, with gaping holes between them. Several people, and not a few dogs and chickens, share two or three rooms. But such houses seem cozy compared with the flimsy shelters the refugees have constructed by fastening huge sheets of plastic -- some printed with larger-than-life portraits of Michael Jordan -- to frameworks of sticks. Outside the shelters, the air is hazy and sooty from weeks of forest fires. Inside, with the added smoke of cooking fires, it is nearly impossible to breathe. "Oh, God, our children are so sick," said the woman, whose little boys, wearing only shirts, breathed raspily, their faces crusted with mucus. "They all have colds and coughs and diarrhea." But at least, she added, they have been safe in Polho. As are Polho and Morelia, Oventic is a "center of resistance." But since the 1994 cease-fire, the Zapatistas have declared that all resistance must be nonviolent. That helps them retain credibility in peace negotiations, but it also lowers their profile. "It's very difficult," said a masked woman at the entrance to Oventic. "We can hardly stand it." Tugging her bandanna up over her face, she added: "But we have to keep resisting without violence. If we use violence, that's what the government wants." The women of Morelia were not so sanguine about the prospects for avoiding violence. Since the recent crackdown, they have been afraid to work in their fields for fear that the army might invade the town while they are gone. "We're running out of food," one woman said. "We don't know what to do. Our children are crying for tortillas. They can't handle hunger like we can. "It gives us strength to know that we can throw out the army, but. . .." She shook her head and fell silent for a while. "They will be back. People will die. We're just waiting." Related material: * PHOTO ESSAY: Life in Chiapas http://www3.phillynews.com/photo/inq/chiapas Standing guard in Polho, a Zapatista town. Women have kept watch in round-the-clock shifts since an army raid on another village. (Inquirer / Ron Cortes) Inquirer staff writer Gwen Florio reported and wrote this article before traveling to Oregon to report on the high school shootings there. (c)1998 Philadelphia Newspapers Inc. --------- "RE: Prisoners of Chiapas" --------- Date: Sun, 24 May 1998 16:39:25 +0000 From: NUEVO AMANECER PRESS Subj: Urgent call from Prisoners:Chiapas ------- Forwarded Message Follows ------- Translated from the Spanish by David Bruce for Nuevo Amanecer Press. Original published by: Enlace Civil,A.C. San Cristobal de las Casas,Ch. sab. 1442h URGENT CALL FROM THE "VOICE OF CERRO HUECO" PRISONERS OF CHIAPAS The Human Rights department of ENLACE CIVIL A.C. is issuing an urgent call for solidarity with the 83 political prisoners of LA VOZ and their 83 spouses and average of 5 children each. The prisoners are dispersed in jails in Cerro Hueco, Tuxtla Gutierrez, Yajalon, Salto de Agua, Pichucalco (in Chiapas) and Tocotalpa (Tabasco) The families of these prisoners are living in complete deprivation and hunger, the majority of the women and children are located in indigenous villages surrounded by paramilitary forces, with no possibility of farming or finding sustenance, with babies and small children and no source of income. The women have no money to eat with, much less to travel to visit their imprisoned spouses. In all the visits to the prisoners carried out by observers or by the Enlace , the only thing the prisoners ask is "to gain our freedom or feed our children." The concern and worry for family members' situation, cut off by the very poverty in which they live, makes live unbearable for those in confinement and for the women and children it is difficult to go on. In a letter sent to the Enlace Civil the prisoners of The Voice of Cerro Hueco say: "we ask for the support and solidarity for our families who are alone with our sons and daughters and as fathers we have the commitment to support them and supply the daily needs. We acknowledge that we are jailed for our cause and in the name of change for all, and we are political prisoners, not criminals. We will not remain silent, we will continue to speak out in the name of The Voice of Cerro Gueco, we will continue to issue a weekly bulletin. According to the lawyer for The Voice of Cerro Hueco, Miguel Angel de Los Santos, "the penitentiaries in Chiapas, called Centers for Social Readaptation, are widely known for their overpopulation. 1200 prisoners are incarcerated in in the Cerro Hueco prison, the largest in the state, located in Tuxtla Gutierrez, with a capacity of 300. Convicted criminals, and those in preventative detention awaiting trial all share the same space. There is no distinction between those supposedly incarcerated for serious crimes and those accused of lesser crimes, nor between those who have committed federal or local offenses. Currently 56 prisoners of The Voice of Cerro Hueco share two toilets that they had to construct themselves. Miguel Angel de Los Santos states: "The conditions of life in the for the inmates are abysmal, 18 of the members of The Voice of Cerro Gueco sleep in a space of four by six meters, the bathing facilities are collective and the supply of drinking water is irregular. All sleep on cardboard on the floor and in some cells, when there are beds they are cots in which one can only lie down and never sit. The opportunities for work are minimal, there is a carpentry workshop but it lacks the basic tools and materials. The medical service is totally deficient; if it is even possible to obtain a visit to a doctor, one is attended to with discourtesy and a certain disdain if one is indigenous, and necessary medicines and even bandages are lacking." The human rights of the inmates are not recognized, the inmate is assumed guilty before trial. The benefits of freedom established by law are not applied. THE INMATES OF THE VOICE OF CERRO HUECO NEED YOUR HELP They request: - Urgent action and political support for their freedom and their consideration as prisoners of concience. - Support for their families - 83 mattresses for sleeping - Sheets - Cooking pots and pans, plates and spoons - Lamps and wiring to repair electric installation which is totally deteriorated and dangerous to the prisoners - Materials to repair the roof of the prison which is full of leaks, before the arrival of the rainy season - Materials for hand work, thread to make hammocks TK and handbags which can later be sold by the inmates, simple carpentry material, wood and tools - A television and video recorder - Funds to purchase medicine, including insulin Another project of The Voice of Cerro Hueco is to establish a literacy program so the captives can learn to read nd write during their encarceration. Also planned, if at all possible, is to appoint one of them as a health specialist to attend to medical needs of the members of the organisation. There is one special case: the killer of Trinidad Cruz Lopez is held in Palenque and every week four witnesses must go to testify at the prison so he is not set free. The widow, who has several children including one still breastfeeding, must pay the costs of the travel for the witnesses, which comes to 120 peso per week which the woman does not have. She is making a call to the international community to assist her that the killer of her husband pays the price of his crime. Account number: Bank: BANCOMER PLAZA 437, San Cristobal de las Casas, Chiapas, Mexico Account: 1000853-3 Name: Mercedes Osuna Send a fax of the receipt with a clear heading "Para los presos" (for the inmates) to 52-967-82104 Thank you for your attention! +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Annex: MORE INFORMATION ABOUT "THE VOICE OF CERRO HUECO" This organisation of prisoners, the majority of whom are indigenous was born in August of 1996. Between August and December of that year they carried out two hunger strikes. In March of 1997, the families of the prisoners organized a major sit-in before the Palace of Government of Tuxtla Gutierrez which lasted over two months. In February of 1998 the indigenous of The Voice of Cerro Gueco initiated another hunger strike to demand the freedom of all the political prisoners, after selective release of some of its members. In april of the same year they declared themselves in non-violent resistance and refused to obey the guards. The organization has spread to other prisons. The groups of the Zapatista Army of National Liberation members who are imprisoned in the jails of Yajalon, Pichucalco, Salto de Agua and Tacotalpa (Tabasco), have united with The Voice of Cerro Heuco and receive support from its outside representatives; former prisoners such as Abelardo Torres and Artemio Ramirez serve as spokesmen for the movement and liaison between the various prisons and with the inmates' families. The majority of the prisoners of The Voice of Cerro Hueco are indigenous Choles from the northern region of the state, accused by members of the paramilitary group Peace and Justice, linked to the Institutional Revolutionary Party (PRI). In recent months, indigenous and non- indigenous people arrested in military offensives and police actions against the autonomous communities in Taniperlas (the autonomous municipality Ricardo Flores Magon) and in Amparo Aguatinta (municipality of Tierra y Libertad) have become members of The voice of Cerro Hueco. The attorney Miguel Angel de Los Santos, principal counsel for the group, explains that "the prisoners of The Voice of Cerro Hueco call themselves 'politicals' because they're Zapatistas, their accusers are always from the PRI and never confront those whom they accuse, the accusations are broadly false or not credible, the authorities of justice act with clear partiality, when the arrests, when they are carried out by the police, seem more to be a pretext for penetrating the Zapatista communities. I am sure that if they were from the PRI they would not be in jail. One example: the high number of secret inquiries which are carried out against the paramilitary group 'Peace and Justice' which operates in the northern region where most of the Zapatista prisoners come from." According to this attorney, the form of the persecution which weighs on the indigenous of The Voice of Cerro Hueco is always the same: persons who call themselves victims, normally from the PRI, go to the Public Ministry accompanied by their witnesses, they are attended to with extraordinary speed and an inquiry is begun without any investigation to demonstrate responsibility. " It is enough to point a finger to establish a crime." De los Santos provides an example: "in the file 228/96 set out in the Mixed court of Yajalon, there are 16 arrest orders for crimes of homicide, assault and deprivation of liberty. The inquiry consists of affidavits from victims and witnesses, in addition to petitions from the community indicating "that they should find a way to do justice against the aggressors of the guerilla organisation Arriera Nocturna, since on that day they provoked the beginning of the conflict in Patastal and corosal Viejo, Zapatista communities, against corosal Nuevo, of the official PRI party." In his ministerial affidavit, one of the supposed aggrieved mentions that "The one with the voice belongs to the organisation called Peace and Justice and therefore pertains to the Institutional Revolutionary Party. In the criminal file 269/95 set out in Yajalon for crimes of rebellion, assault, rape and deprivation of liberty, the supposed victims declare that "The ones that took care of us always said that their chief was the priest Samuel Ruiz Garcia and Amado Avendano, and that they were from the new government...that other priests arrived whom they called Pablo, Rodolfo, Carlos Lorens, Horiberto, Roberto, Efrain..." seven indigenous Choles who have spent 15 years in prison were detained for these crimes and accusations in the month of June in 1995. Three priests of the San Cristobal Dioses were deported from the country. "Most of the Zapatista prisoners were arrested and detained under these circumstances," states the attorney. " The judges in every case omitted the objective and impartial analysis of the previous inquiry. These investigations are deficient, based in unprovable allegations, illegal arrests and violations of individual rights and guarantees, and are the base for long criminal trials culminating in long prison sentences." The presumption of innocence and due process is ignored throughout, as well as the prisoner's condition. Explains Miguel Angel de los Santos: "Adolfo Lopez Vazquez, an indigenous Chol, indicted for homicide, found himself at his sentencing, without having had the aid of a translator since his first statement of the trial. The presiding judge said that Adolfo didn't need a translator because he spoke Spanish perfectly and in addition stated, 'My housekeeper is also a Chol and she speaks Spanish very well.' In june of 1996 the judge in Yajalon condemned five indigenous Choles to 15 to 23 years imprisonment on charges of rape and deprivation of liberty. In absolving them of the charge of rebellion (considered in the Criminal Code as a political crime) the judge argued that "Being ethnic Choles they are easily manipulated by the leaders and they readily obey them, rather than the leaders imposing obedience on the people." (Final ruling, criminal file 269/95) In the same file, one year later, the same judge condemned Miguel Montejo Penate to 15 years in prison. In his brief the judge writes: "...the full responsibility is proven by the statements which established the indictment...outstanding in its importance the direct and categorical accusations of the victims." However, at no time did anyone indicate to Miguel who were the said victims. Both sentences were confirmed in appeal, despite clear demonstration of lack of evidence. ENLACE Calle Ignacio Allende 4 29200 San Cristobal de las Casas CHIAPAS-MEXICO Telephone and fax: (52)967-82104 email- enlacecivil@laneta.apc.org CONSULT OUR WEB PAGE, UPDATED EVERY 15 DAYS http://www.laneta.apc.org/enlacecivil http://www.enlacecivil.org.mx ___________________________________________________ NUEVO AMANECER PRESS- N.A.P. _________________________________ Registered as a Non Profit Corporation in USA,N.A.P. translates and distributes information in support of human rights in Mexico. Advisory team: Mexico. General Director:Roger Maldonado-Mexico Darrin Wood: Director NAP-Spain office. Susana Saravia: Coordinator NAP: Mexico/USA/Spain Our web page in spanish:http://www.nap.cuhm.mx/nap0.htm --------- "RE: Native American Spirituality and Prisons" --------- Date: Sun, 31 May 1998 00:06:45 -0700 (PDT) From: Barbara Russell Subj: Native American Spirituality UUCP email This is just part of the article on NA Spirituality & prisons. Note the first paragraph -- Do you agree or disagree? the www site address is: http://caselaw.findlaw.com/ BEGIN QUOTE The solution to the Native American prisoner religious freedom issue rests with Congress. It must act to halt the religious persecution of native prisoners. Until the Indian people band together in a spirit of oneness to demand that these practices be stopped, the oppression and persecution of Native American prisoners will continue. II. Native American Spirituality Since the arrival of the "white man" to the lands of what is now known as the United States, Native Americans have been fighting to keep their spiritual practices alive. Right from the beginning, Native American religious practices were misunderstood and forbidden. Christian missionaries believed that Native Spirituality was a "worthless superstition inspired by the Christian devil, Satan." (4) The United States government tried