The DISH

Unbossed and unbought news and information you can use

Vol. 13 Issue 25…Dedicated to the Dialogue on Race…June 20, 2010

 

 

 

Law, Immigration, Sovereignty and Indigenous People

By John Burl Smith



The Inter Tribal Council of Arizona has sent a letter to Arizona Republican Gov. Jan Brewer stating the concerns of Native communities regarding the state's new criminal laws pertaining to illegal immigration. The law, SB-1070, makes it a crime to be in Arizona without legal immigration status and requires police to check suspects for residency paperwork. It also bans solicitation of work and hiring day laborers off the street. Banning solicitation of work and hiring day laborers off the street will force prospective workers to register with temporary labor agencies run by whites, who charge or deduct fees from workers' pay.


According to John Lewis, director of the Council, in describing the situation, "We have a range of concerns, including tribal sovereign -- nations not being recognized as able to define and protect their own borders as they see fit, and the possibility that tribal citizens will be profiled by police. This impacts all indigenous people because America's boundaries are not tribal boundaries. Some tribal lands, including the Tohono O'odham and the Pascua Yaqui Nations are near or straddle the US-Mexico border, so interaction -- culture and survival - have economic impacts as well."


Ian Record, education manager with the Native Nations Institute, whose wife is Latina, is concerned about being targeted. "Racial profiling" employed against African Americans in which many deaths occurred is a real concern. It's scary that law-abiding citizens of those nations are likely to be pulled over. Tribal sovereignty and citizens' rights are obviously no protection."

 

The land of the Tohono O'odham Nation is comprised of four non-contiguous segments, making it the second largest Native American Nation in the United States (US). The reservation is the largest segment, representing over 90% of the land which shares 73 miles of border with Mexico. Tohono O'odham have lived in Arizona and northwestern Sonora for hundreds of years.


SB-1070 Supporters argue the law will protect the nation's borders, reduce illegal immigration and ease the burden on taxpayers. The two most egregious aspects of the law for the Tohono O'odham are (1) it makes the failure to carry immigration documents a crime and (2) it gives police officers virtually unrestricted power to detain anyone they have a "reasonable suspicion" of being in Arizona illegally. In determining "reasonable suspicion" police may consider race, color, or national origin - an open invitation to racially profile Native looking people.


Lewis and other ITCA staffers traveled to Washington to educate policy makers about their concerns. Various Native American groups are calling on Native people to oppose the measure, hopefully to get it repealed. The American Civil Liberties Union has expressed similar concerns, and has vowed to monitor the law.


Robert Warrior, the Osage president of the Native American and Indigenous Studies Association at the University of Illinois at Urbana-Champaign, expressed similar outrage, "Given that many thousands of indigenous people are from communities that straddled the U.S.-Mexico border long before that border came to be, I see this law as a tragic reminder that questions where we are headed as indigenous peoples whose right to exist predates the borders that now so often keep us apart."

 

Tohono O'odham Chairman Ned Norris Jr. presented a resolution to the Inter Tribal Council of Arizona opposing SB-1070 (6-4-10). All resolutions regarding SB-1070 will be presented at the National Congress of American Indians during its mid-year meeting June 20 - 23 in Rapid City, S.D.


The particular problem for the Tohono O'odham is that although Native Americans have lived in what is now Arizona since time immemorial, many tribal members were not issued birth certificates and lack documentation establishing their citizenship and lawful residence in the United States. Consider the Tohono O'odham walking along state Highway 86, which bisects the reservation east and west. Although still on their land, tribal members are vulnerable to any state law enforcement officer with a "reasonable suspicion" that those tribal members are illegal. The police would have the authority to question and detain any tribal members who couldn't prove their citizenship, even though they are on their land. SB-1070 has the potential to create tension between law enforcement and the community not only outside the Tohono O'odham nation, but also inside the nation on Highway 86.

 

Native People in the US, although they are nations, do not have human rights that the US government must respect. They have submitted the "Consolidated Indigenous Shadow Report" to the UN Human Rights Council's Universal Periodic Review (UPR) for consideration. African Americans suffer many of the same human rights violations as a result of being brought to the US as slave. Dr. Martin Luther King, Jr. tried to unite Native People and blacks in a common struggle against the US Government under the "Poor People's Campaign" in 1968. Today, we must renew that joint effort before the UN in hope of gaining recognition of our human rights. (Sources: www.indiancountrytoday.com, www.atlanticfreepress.com and www.bc.edu/bc_org)






News You Use

A Good Day to Die


On Saturday, June 12, 2010, the Dead Center Film Festival hosted the world premiere of A Good Day to Die, a documentary based on the life of Dennis Banks in Oklahoma City. Banks is one of the founding members of the American Indian Movement (AIM) which erupted on the scene during the Siege of Wounded Knee (2-27-1973) Black Hills, South Dakota. The film presents an intimate portrait of Banks' life beginning with his early experiences in boarding schools, military service in Japan, transformation in Stillwater State Prison and subsequent role in founding AIM. Banks brings the plight of urban Native Americans in Minneapolis, Minnesota to the screen with all the reality of today's neglect.


The story of Native People, as Banks,' and the story of the sacred Black Hills of the Lakota people are omitted from American history books. Wounded Knee (12-29-1890) was a massacre that occurred when white reservation officials decided to wipe out the banned Ghost Dancers by killing Chief Sitting Bull, the greatest Lakota leader. The Siege of Wounded Knee came at a time -- the summer of 1968 -- when Native Americans were struggling with police brutality, high unemployment and corruption in the Bureau of Indian Affairs (BIA) and Department of the Interior. Chemicals used during strip mining operations on the Pine Ridge and other reservations were poisoning the land and water causing sickness and birth defects.

 

Out of these desperate times AIM was born. Understanding the significance of the Black Hills, it is little wonder AIM chose to make its stand at Wounded Knee. Led by Dennis Banks and Clyde Bellecourt to name a few, the siege lasted 71 days and over 75 different Indian Nations were represented.

 

A Good Day to Die is American history that many whites do not want exposed. This story will not be allowed in history books because it documents American racism and genocide. Everyone that wants to see the real face of America should see this film, so they can know what is happening to those Native People who were not wiped out by Manifest Destiny cowboys. To watch the trailer and get show dates for the documentary go to www.bsnorrell.blogspot.com or www.agooddaytodiefilm.com.




Venue for an Artist

US Apartheid of Indigenous Peoples (Excerpts)

By Brenda Norrell



Following the American Revolution, the United States and Great Britain signed the Treaty of Amity, Commerce, and Navigation (the Jay Treaty 1794). This treaty stated that Indians on either side of the border would retain the right to move freely back and forth across the border, the so-called "free passage" right. At the border with Mexico, Congress extended the right of free movement to a group with land that straddled the U.S.-Mexico border -- the Texas Kickapoo Indians. Most importantly, Congress extended the benefits of Section 289 to the band: "[n]otwithstanding the Immigration and Nationality Act, all members of the Band shall be entitled to freely pass and repass the borders of the United States and to live and work in the United States."


While the Texas Kickapoo are granted free passage rights, members of the Tohono O'odham tribe in Arizona are subject to the same admission and deportation requirements as Mexican nationals simply for travel across their own traditional lands. Native or Indigenous Americans documented the systematic racism, forced assimilation and apartheid of Indigenous Peoples in the United States (US) in the "Consolidated Indigenous Shadow Report," presented by the International Indian Treaty Council to the United Nations Committee on the Elimination of Racial Discrimination (2008). Alberto Saldamando, IITC board president, and board member Lenny Foster (Navajo), who reported on the freedom of religion for Indigenous prisoners in the US, presented the report to the UN Committee in Geneva in February (2008), accompanied by Western Shoshone and other organizations and Nations.

 

"Racism permeates Indian life, where Indigenous Peoples are 'warehoused in poverty and neglect' in the US." Including data and statistics regarding Indian treaty rights, the abrogation of treaties and discrimination toward non-federally recognized Indian Nations, the report highlights Native People's high unemployment, violence against women, sexual abuse in residential schools, the destruction of sacred places, environmental racism and border injustices. Further, the high rate of incarceration and disproportionate long prison sentences for American Indians are exposed in the 87-page report.


As described in this Shadow Report, "The colonialist policies of racial subjugation have not ended for the Indigenous Peoples in the United States. US constitutional doctrine established in the early 1800’s unilaterally deprives Indigenous Peoples of their lands and resources without due process of law and without compensation; Indigenous governments can be terminated or stripped of their rightful authority at the whim of the federal government and their lands 'allocated' as 'surplus lands.' Treaties made between Indigenous Peoples and the Colonialist governments and the Successor State may be arbitrarily abrogated. Religious freedoms and religious practice, Sacred Lands and the cultural integrity of Indigenous Peoples go virtually unprotected."

 

Most appallingly, data shows the overwhelming disparities in income, life expectancy, poverty and unemployment. The disproportionate number of Indians in prisons is revealed even though Native Americans are not counted separately from whites in the Department of Justice statistics but statistics from states with higher percentages of Native populations show that they are overrepresented in jail and prison populations. For example, in Montana, according to the 2000 U.S. Census, Native Americans, the state's largest non-white group, comprise just 6.2% of Montana's population but 20% of those in correctional institutions. Native Americans are 19% of the 3,704 men and boys in correctional institutions, while Native American women are 1/3 of the 429 women in correctional institutions."

 

Further, the Special Rapporteur on Religious Intolerance, Mr. Abdelfattah Amor drew special attention to the forced relocation of Navajos on Black Mesa and the United States refusal to take into consideration the spiritual practices of Navajos. As lands are seized or leased for energy developments, human rights violations increase. On the Navajo Nation, coal mining and uranium mining have been detrimental. "Economic interests, such as the coal mine, have often prevailed over Indigenous human rights. These are principally private ventures that do not have a true public interest, and their activities rarely consider the fundamental rights or freedom of others. International law had not been observed with regard to the Navajo Elders."


Amor went on, "The observance of international law on freedom of religion and its manifestations, in the case of the Navajo elders, the reconciliation of their human rights and other legitimate concerns were not taken into account. No consideration was given their spiritual practices and beliefs by the United States government in ordering their relocation."


Miguel Alfonso Martinez, UN special rapporteur on treaties, agreements and other constructive arrangements between states and Indigenous Peoples' populations, reported that, "Probably the most blatant case in point is the United States federal Government's taking of the Black Hills (South Dakota) from the Sioux Nation during the final quarter of the nineteenth century. The lands which included the Black Hills had been reserved for the indigenous nation under provisions of the 1868 Fort Laramie Treaty. Both the Court of Claims, in 1979, and the Supreme Court decided that the United States Government had unconstitutionally taken the Black Hills in violation of the United States Constitution. However, the US would not return the Black Hills. The Supreme Court offered only a $17.5 million award (plus interest) to the Sioux, which they refused.



About Me: The "Consolidated Indigenous Shadow Report" was reviewed and this article written by Brenda Norrell, a news reporter in Indian country for 23 years and staff reporter for the Navajo Times. She is currently in her 18th year as an AP correspondent living on the Navajo Nation. She publishes a blog at www.bsnorrell.blogspot.com and can be contacted at brendanorrell@yahoo.com





Hood Notes

Altered Mural Fuels Racial Debate

By Dennis Wagner



A group of artists has been asked to lighten the faces of children depicted in a giant public mural at a Prescott school.


The project's leader says he was ordered to lighten the skin tone after complaints about the children's ethnicity. But the school's principal says the request was only to fix shading and had nothing to do with political pressure.

 

The "Go on Green" mural, which covers two walls outside Miller Valley Elementary School, was designed to advertise a campaign for environmentally friendly transportation. It features portraits of four children, with a Hispanic boy as the dominant figure.

 

R.E. Wall, director of Prescott's Downtown Mural Project, said he and other artists were subjected to slurs from motorists as they worked on the painting at one of the town's most prominent intersections. "We consistently, for two months, had people shouting racial slander from their cars," Wall said. "We had children painting with us, and here come these yells of (epithet for Blacks) and (epithet for Hispanics)."

 

Wall said school Principal Jeff Lane pressed him to make the children's faces appear happier and brighter. "It is being lightened because of the controversy," Wall said, adding that "they want it to look like the children are coming into light."


Lane said that he received only three complaints about the mural and that his request for a touch-up had nothing to do with political pressure. "We asked them to fix the shading on the children's faces," he said. "We were looking at it from an artistic view. Nothing at all to do with race."

 

City Councilman Steve Blair spearheaded a public campaign on his talk show at Prescott radio station KYCA-AM (1490) to remove the mural. In a broadcast last month, according to the Daily Courier in Prescott, Blair mistakenly complained that the most prominent child in the painting is African-American, saying: "To depict the biggest picture on the building as a Black person, I would have to ask the question: Why?"

 

Blair could not be reached for comment Thursday. In audio archives of his radio show, Blair discusses the mural. He insists the controversy isn't about racism but says the mural is intended to create racial controversy where none existed before. "Personally, I think it's pathetic," he says. "You have changed the ambience of that building to excite some kind of diversity power struggle that doesn't exist in Prescott, Arizona. And I'm ashamed of that."


Faces in the mural were drawn from photographs of children enrolled at Miller Valley, a K-5 school with 380 students and the highest ethnic mix of any school in Prescott. Wall said thousands of town residents volunteered or donated to the project, the fourth in a series of community murals painted by a group of artists known as the "Mural Mice."

 

The public art, funded by a $5,000 state grant through the Prescott Alternative Transportation Center, was selected by school students and faculty. "The parents and children love it," Lane said. (Source: The Arizona Republic)





Politics Y2K10

Tribes, Oil Spill and News Black Out

By Monica Davis

 

Native people and people of color from around the nation are organizing for the benefit of individuals affected by the Gulf oil catastrophe. News wires are reporting that, "Teresa Two Bulls, president of the Oglala Sioux Tribe has asked the National Congress of American Indians to hold a meeting in New Orleans to discuss how the Gulf of Mexico oil spill has affected Native Americans in the area." (AP)

 

Last week, John Boyd, President of the National Association of Black Farmers called for a meeting with BP officials. Boyd says he is concerned that black and Native American farmers and fishermen are being overlooked in the search for farmers and fishermen whose lands and fishing grounds have been polluted.

 

In a statement, Boyd said, "We are calling for a meeting with British Petroleum (BP) officials to discuss the losses of black farmers and fishermen. Black farmers and fishermen must be compensated at the same levels as whites. We have finished last for too long when it comes to being compensated for our business and farm losses."

 

Despite the health risks associated with oil clean up, minorities want a piece of the millions of dollars in cleanup and remediation contracts. Only the EPA, headed by Lisa Jackson, an African-American, seems to have considerable small/minority/SBA Section 8(a) participation on services ranging from water and soil chemistry to waste disposal. But other services include everything from skimming to cleaning wildlife refuges to dredging to create huge artificial islands (favored by the Army Corps of Engineers and thus a bane to fisherman) food and transportation services. Black-owned public relations and marketing firms like Bright Moments in New Orleans are awaiting proposal requests to do community outreach and messaging. (Source: www.thegrio.com/opinion/have-black-contractors-been-sidelined-in-bp-spill-clean-up.php)

 

Activists want to make sure that people of color are compensated for their spill related business and income losses, and that the health issues associated with contact with oil polluted animals and water are considered. The double-edged sword of accepting and working an oil remediation contract isn't lost on prospective contract recipients.

 

There are no hard numbers on the demographics of the people hired by BP. A look at the legal form for participants in Vessels of Opportunity program shows inquiries into the make, model, vessel capacity, and fuel capacity of the boat being used, but no questions about the race, gender or even date of birth of the trainee. Patrick Kelley, a data collector for the U.S. Coast Guard, said that while the petrochemical giant has no other method to track those employed, they have developed an informal approach to demographics: checking the spelling of the names on the agreements. Using that method, he estimates that about 200 Vietnamese or Cambodian fishers have gotten jobs, about a third of a total of about 600 hires, he said. This number represents less than18 percent of the total 3,200 people who have attended trainings and received certification to work in the cleanup. (Source: http://thelensnola.org/2010/05/24/4860/)

 

Reports from Grand Isle, Louisiana note an alleged news black out. James Fox, a documentary filmmaker told a reporter that he is "a little freaked out" about a news black out which he says he wouldn't have believed, had he not seen it with his own eyes. Preliminary investigations on Grand Isle, five to ten miles from epicenter of spill, show scores of helicopters, people with badges, and an intense feeling of being watched. (www.manticoregroup.com/radio/2010/06jun/jamesfox2010.mp3)

 

Fox spoke with two teenaged boys whose father is working on a clean up crew. "It turns out basically they have a complete media black out, with people being arrested for talking to the media and an aura of fear." Air space above the spill has been closed by the government. No photography is allowed; and unnamed people are arresting photographers in a state park that abuts the Gulf.


There are Allegations of Hummers, with troops in full gear, police arresting people with cameras, pulling cars over. It is still unclear as to who is arresting the people with cameras, according to people who are on the ground. Fox says it appears that BP has taken over the complete operation. People are reportedly petrified, too scared to talk, and will not make eye contact with strangers and reporters.


Rumors of martial law remain strong. "It was just eerie." In that light, what is really happening to the African American and Native American populations who have historically been targeted for civil rights abuses.  Locals told Fox that the media isn't even reporting a tenth of what is going on in the Gulf. Not by a long shot.


The human catastrophe is definitely being underreported on a national level. Black fishermen, seeking jobs or contracts with the clean up crew have been brushed off. One man told a New Orleans reporter that, "They ain't hiring nobody from East Bank. We’re losing everything - losing our business, losing our money and losing our minds."


One black fisherman stands to lose more than $100,000 a year in profits from his commercial shrimp business. This is big business and black fishermen are getting the shaft: first from the destruction of their fishing grounds; then when they do not receive remediation contracts.


What is going on with the tribes and vulnerable minorities in the Gulf Coast area? What is truth? How much money have they lost? How many of them are sick because of the oil contamination? How many people are getting sick? Are they being treated? How many have died? And who holds the key to the information gateway?

 

What is REALLY going on at Grand Isle--besides a lock down?





Disgruntled wants to know: I watched President Obama's address to the nation regarding the Gulf of Mexico oil spill. I came away from his well-delivered speech with the distinct impression that we will be fighting this disaster and its aftermath for decades to come, because we are still relying on British Petroleum (BP) to stop the spill and clean up the mess. To date, none of BP's fixes has worked. Who is to say drilling relief wells a mile deep will do the trick? Yet, President Obama declared with certainty that it will stem the oil flow by 90 percent. Call me a pessimist, I have been called worse, but I do not believe in just over two weeks BP will be able to claim "mission accomplished." I do believe President Obama will come to rue making that statement. Moreover, I expected more from President Obama, who earlier likened the Deep Horizon disaster to the equivalent of an environmental 9/11. If that is truly how he feels, then where is the national call to action, the shock and awe of a war on oil response?



Disgruntled says: As an economist, I have been concerned of late that those who profess to be students of the dismal science, at least the ones broadcasting on mainstream media, seem to think the economy is no longer in a recession. With a few stats at their disposal, they have proclaimed that we in the US in just a few months have turned the corner on the worst economic downturn since the Great Depression. However, unemployment remains a sticking point. People are still losing their homes and the number of individuals filing claims for unemployment compensation rose by 12,000 last week. Nearly a half million people are now receiving benefits; millions more have exhausted their benefits or were never qualified to receive them, and Congress will not re-authorize more. These folks are still in the throes of a recession. Understandably, consumer spending is down or flat, depending on who is reporting that stat. Since the vast majority of Americans receive their income from employment, the fact that consumer spending is not robust with so many unemployed is a no-brainer. The fact that the state of employment is not the statistic that drives analyses of the US economic condition is most disheartening. I always assumed we studied economics to be able to say something useful about the human condition. It seems today's economists are only interested in the economic welfare of the captains of industry and other Wall Street robber barons.



Disgruntled feels: Unacceptable! The international firestorm of criticism over the senseless murder of peace activists by masked Israeli Defense Forces (IDF) aboard the Gaza flotilla has produced some Israeli concessions, regarding the illegal blockade of the Gaza Strip. Israel will ease the three-year old blockade to allow in construction materials for non-military projects. With superior military might, especially its ability to strike targets in Gaza from the air, sea and on land, Israel has damaged and destroyed hundreds of buildings and has rendered thousands homeless in a siege that the UN has called "collective punishment," which is illegal. In another move designed to assuage international criticism, Israel will appoint a commission of inquiry into the deadly Gaza flotilla raid that will be composed of three Israelis and two foreign observers. For most observers, an Israeli commission is seen as just an attempt to whitewash murder and can hardly be considered an independent investigation. Just an Israel inquiry into an illegal action that resulted in nine deaths in international waters is unacceptable!







Mailbox: E-Mails, Faxes and Telephone Calls



Email www.ft.com ...Energy subsidies put at $550bn a year...By Javier Blas...The world economy spends more than $550bn in energy subsidies a year, about 75 per cent more than previously thought, according to the first exhaustive study of the financial assistance devoted to oil, natural gas and coal consumption. The study by the International Energy Agency, the western countries' oil watchdog, says phasing out subsidies over the medium term, as agreed last year by the Group of 20 leading industrial economies, would trigger vast savings in energy consumption and carbon dioxide emissions. So, when Bernie Sanders proposed phasing out $35 Billion in oil subsidies, that is just the tip of the iceberg.

 

Email www.nola.com ...Oil Spills, Ecology, and the Food Chain...By Vanessa Barrington...While we become sick to our stomachs watching the spreading plumes of oil in the gulf, viewing photos of oil slicked birds, and footage of oil covered beaches in Florida and Alabama, let's take a step back and think about the cycle of life. The reason disasters like this happen is due to a lack of understanding that, though we may be at the top of the food chain, we are not separate from it. Even though this is a lesson we were supposed to have learned in the first grade, we have separated ourselves from nature in an attempt to manage it and use its resources without a thought for how this impacts the entire system. The oil spill is a 12,000 mile wide, 50-million gallon proof point that we have been wrong. The oceans are engines of life for the entire planet. Scientists believe that all life on earth began in the sea about four billion years ago. Our ancestors were the first tiny creatures that crawled onto the land. Today life depends on the ocean. Oceans are where life originated and hold the keys to our survival. Half of the world's oxygen is produced in the ocean. The BP oil spill is the largest in history. How far will it go? How much of the world's oceans will it affect? All of this remains to be seen, but we do know that each tier of the marine food chain is affected by the oil spill. The only thing we don't know yet is how widespread it will be.


Email www.huffingtonpost.com ...Sam Stein reports: "In what appeared to be an unscripted admission, Clinton told Ecuadoran television on Thursday that DoJ, under the direction of the president, 'will be bringing a lawsuit against' the Arizona act, which has been sharply criticized in Latin America. "The statement, first reported by the site Right Scoop, was the first overt declaration on the Justice Department's course of action. In late April, President Obama first announced his support for an investigation into Arizona's law, which would grant local law enforcement officials broader powers to detain suspected illegal immigrants. Since then, there have been hearings involving Attorney General Eric Holder but little in the way of explicit action. "Asked about Clinton's remarks, White House Press Secretary Robert Gibbs urged the Huffington Post to send queries to the DoJ. The department's spokesman, Matt Miller, replied with the following: 'The department continues to review the law.' "The non-denials are not, of course, confirmations of Clinton's statement. But it's hard to imagine that the Secretary of State is operating off of a different script than the rest of the administration. "A suit, of course, would ramp up the debate over immigration reform, suggesting that the White House believes that either the law represents an egregious legal overreach or just smart politics."