BORDER WALL UPDATE:
'Compensation': The hearings for 'compensation' for landowners along the last 70 miles of the Texas-Tamaulipas border have been delayed for the third time.
Although we do not have the specific date, we have been told by attorneys, and some have only found out through the scanty news reportage, that hearings will be held in December 2009.
Other Actions:
TAMEZ FAMILY LAWSUITS:
At the last hearing, in April 2009, the TAMEZ defense submitted the "CONSULTATION BRIEF."
For more information about the border wall law suits (U.S. Federal, International Human Rights), or specific aspects of the impacts of the border wall upon Indigenous peoples who are in litigation, see 'Texas-Mexico Border Wall, University of Texas School of Law'.
NDE' SELF-GOVERNANCE & SELF-DETERMINATION EL CALABOZ RANCHERIA, Texas-Mexico Bifurcated Region, Konitsaii Gokiyaa (Lipan Apache Homeland)
Showing posts with label consultation. Show all posts
Showing posts with label consultation. Show all posts
Saturday, October 24, 2009
Friday, April 24, 2009
UPDATE: TAMEZ & BENAVIDEZ CASE & DOCUMENTS
Your support is very important to the critical examination of the U.S. law system as it pertains to indigenous peoples whose customary and traditional lands are within the U.S. political boundaries, and at U.S. international borders.
Thanks to all who have been holding vigils for the Benavidez and Tamez extended clans on the El Calaboz side, and the Premont and Redford sides of the impacted families. Ahe'he'e to all the Nde' who are faithfully keeping watch.
There are too many to thank, so if you are reading this and are familiar with the efforts since 2006 of the elders of El Calaboz to retain customary and traditional rights to the lands in El Calaboz Rancheria, and you have been supporting this effort, then... at some point along the way you came to respond to this collective work even on your very busy path. You have helped us to support the wishes of the elders of El Calaboz in their legal, spiritual, political and social movement. El Calaboz Rancheria has a long and consistent history of indigenous peoples taking up issues of injustice, and the periodic rise of state violence in their lands.
Even if not directly, your work is making a difference in our lives and in the steady progress of this case--in the United States and in the international spheres.
The last 36 hours have been tough, grueling, as well as full of revelations, as they were back in 2006, when the government armed personnel attempted to take possession of customary and traditional lands along the last 70 miles of the Texas-Mexico border through the use of armed force and intimidation of the elders.
This was the famous 'waiver' period--when the Customs Border Patrol and DHS agents attempted to force community members to surrender their lands on the spot using a piece of paper, and forcing them to sign--in violation of constitutional and international law.
The last 24 hours has been focused on a temporary restraining order, the Judge's response to that order, and preparing the affected landowners (TAMEZ, BENAVIDES, et al)due to the fact that the United States, in direct violation of the condemnation and possessionorder, plowed ahead and built the wall on our elders' lands.
The Garcia, Cavazos and the Benavides lands are traditionally used for pastoralist goat and cattle herding, subsistence only, by the families also known as 'originarios'--First Peoples.
The wall went up in approximately 24 hours on both Garcia/Cavazos lands (Eloisa Garcia Tamez) and the Benavidez lands. Please reference Kevin Sieff's story in the Brownsville Herald.
As we continue to demand that the United States adhere to Judge Hanen's order to consult the families prior to building the wall (NOT a mute point), we are also looking ahead to the still-scheduled jury trial in October on the issues of compensation. Please recall that the United States government argues that the impact to the future generations of this possession and condemnation is $5000.
After the jury trial in October, we will then pick up the process of the 5th Circuit appeal, which will be led again by our attorney, Peter Schey (Center for Human Rights and Constitutional Law) who on a conference call yesterday, faithfully committed to our elders to continue to challenge the gross violations of the constitution and civil rights.
One step at a time...this morning will be a challenge for effected landowners of the traditional and customary rancheria of El Calaboz. They are being represented by civil rights attorney, Corinna Spencer-Scheurich,a Texas attorney, who is standing in for the Center for Human Rights and Constitutional Law, who could not be present at the hearing on consultation violations, called less than 24 hours ago.
The last 36 hours and the work products which we completed and compiled to educate the government about 'consultation' for our community ("Consultation...", Temporary Restraining Order, Research Poster, Briefing on Indigenous Peoples by UT Law Working Group, and other supporting docs ) could not have come to existence without the tireless work of the following individuals: Attorneys Peter Schey and Chris Scherer; Dr. Jeff Sheperd--UT El Paso; Professor of Law, Denise Gilman, UT-Austin; Lipan Apache Band of Texas, Council Chair, Daniel Castro Romero, Jr.; Dr. Enrique Maestas; Erik K. Hrabovsky, and of course, the Benavidez elders and Dr. Eloisa Garcia Tamez.
Dagotee' gozhoole' (Beauty all around...)
Margo Tamez
Co-Founder, Lipan Apache Women Defense
Thanks to all who have been holding vigils for the Benavidez and Tamez extended clans on the El Calaboz side, and the Premont and Redford sides of the impacted families. Ahe'he'e to all the Nde' who are faithfully keeping watch.
There are too many to thank, so if you are reading this and are familiar with the efforts since 2006 of the elders of El Calaboz to retain customary and traditional rights to the lands in El Calaboz Rancheria, and you have been supporting this effort, then... at some point along the way you came to respond to this collective work even on your very busy path. You have helped us to support the wishes of the elders of El Calaboz in their legal, spiritual, political and social movement. El Calaboz Rancheria has a long and consistent history of indigenous peoples taking up issues of injustice, and the periodic rise of state violence in their lands.
Even if not directly, your work is making a difference in our lives and in the steady progress of this case--in the United States and in the international spheres.
The last 36 hours have been tough, grueling, as well as full of revelations, as they were back in 2006, when the government armed personnel attempted to take possession of customary and traditional lands along the last 70 miles of the Texas-Mexico border through the use of armed force and intimidation of the elders.
This was the famous 'waiver' period--when the Customs Border Patrol and DHS agents attempted to force community members to surrender their lands on the spot using a piece of paper, and forcing them to sign--in violation of constitutional and international law.
The last 24 hours has been focused on a temporary restraining order, the Judge's response to that order, and preparing the affected landowners (TAMEZ, BENAVIDES, et al)due to the fact that the United States, in direct violation of the condemnation and possessionorder, plowed ahead and built the wall on our elders' lands.
The Garcia, Cavazos and the Benavides lands are traditionally used for pastoralist goat and cattle herding, subsistence only, by the families also known as 'originarios'--First Peoples.
The wall went up in approximately 24 hours on both Garcia/Cavazos lands (Eloisa Garcia Tamez) and the Benavidez lands. Please reference Kevin Sieff's story in the Brownsville Herald.
As we continue to demand that the United States adhere to Judge Hanen's order to consult the families prior to building the wall (NOT a mute point), we are also looking ahead to the still-scheduled jury trial in October on the issues of compensation. Please recall that the United States government argues that the impact to the future generations of this possession and condemnation is $5000.
After the jury trial in October, we will then pick up the process of the 5th Circuit appeal, which will be led again by our attorney, Peter Schey (Center for Human Rights and Constitutional Law) who on a conference call yesterday, faithfully committed to our elders to continue to challenge the gross violations of the constitution and civil rights.
One step at a time...this morning will be a challenge for effected landowners of the traditional and customary rancheria of El Calaboz. They are being represented by civil rights attorney, Corinna Spencer-Scheurich,a Texas attorney, who is standing in for the Center for Human Rights and Constitutional Law, who could not be present at the hearing on consultation violations, called less than 24 hours ago.
The last 36 hours and the work products which we completed and compiled to educate the government about 'consultation' for our community ("Consultation...", Temporary Restraining Order, Research Poster, Briefing on Indigenous Peoples by UT Law Working Group, and other supporting docs ) could not have come to existence without the tireless work of the following individuals: Attorneys Peter Schey and Chris Scherer; Dr. Jeff Sheperd--UT El Paso; Professor of Law, Denise Gilman, UT-Austin; Lipan Apache Band of Texas, Council Chair, Daniel Castro Romero, Jr.; Dr. Enrique Maestas; Erik K. Hrabovsky, and of course, the Benavidez elders and Dr. Eloisa Garcia Tamez.
Dagotee' gozhoole' (Beauty all around...)
Margo Tamez
Co-Founder, Lipan Apache Women Defense
Tuesday, May 6, 2008
May 16th Deadline for Lower Rio Grande Communities to Voice Concerns About the Wall
http://www.riograndeguardian.com/rggnews_story.asp?story_no=20
Pérez: There's still time for Valley residents to testify against border wall
By Steve Taylor
[Rio
Rio Grande Valley landowner Betty Perez (center) testified against the border wall at a congressional field hearing in Brownsville on April 28. (Photo: RGG/Steve Taylor)
BROWNSVILLE, May 3 - A rancher and farm owner who testified against the border wall at last Monday’s congressional hearing in Brownsville says there is still time for other Rio Grande Valley residents to have their say.
“Written testimonies can now be submitted in association with this hearing and added to the Congressional record,” said Betty Pérez. “This is one of the best opportunities we have had for our voices to be heard.”
Pérez said comments need to be mailed in by May 16 and sent to:
Subcommittee on Fisheries, Wildlife and Oceans
Subcommittee on National Parks, Forests and Public Lands
1324 Longworth House Office Building
Washington, DC 20515
Pérez said any comments submitted do not have to be in response to the testimony given at the Monday’s hearing at the University of Texas at Brownsville. “They can address the many negative impacts that the wall will have,” she said.
Pérez is an active member of the No Border Wall coalition and a former director of the Friends of the Wildlife Corridor. She and her family own ranchland north of La Joya, on the northwest edge of Hidalgo County. The ranch was bought in the 1930’s by Pérez’s maternal grandfather. However, she can trace her roots in the Valley back to Mexico and to the Texas land grants of the 1700s on both her maternal and paternal sides.
Pérez was a panelist at the hearing held jointly at by the House National Parks, Forests and Public Lands Subcommittee and the Fisheries, Wildlife and Oceans Subcommittee. Both are subcommittees of the Natural Resources Committee. The hearing, titled “Walls and Waivers: Expedited Construction of the Southern Border Wall and the Collateral Impacts on Communities and the Environment.”
In her testimony, Pérez pointed out that a previous opportunity for Valley residents to have their say about the border wall was snuffed out by Homeland Security Secretary Michael Chertoff.
Late last year, thousands of Valley residents wrote or gave oral comments as part of the federal government’s draft Environmental Impact Statement. However, the EIS process was eliminated last month when Chertoff announced he was waiving more than 30 federal laws and regulations in an effort to speed up construction of 670 miles of fencing along the U.S.-Mexico border by year’s end.
The Department of Homeland Security has yet to make the comments submitted as part of the draft EIS process available to the public.
“This is an important opportunity to inform members of Congress, and to ensure that our voices become part of the official record,” Pérez told the Guardian.
“Department of Homeland Security Secretary Chertoff has announced that since he waived the National Environmental Policy Act there will be no Final Environmental Assessments or Environmental Impact Statements, and it is unclear what will happen to the hundreds of public comments that they received at the open houses they held in McAllen, Brownsville and other cities along the border.”
In her testimony to the House panel, Pérez said DHS has failed to enter into meaningful dialogue with Valley residents about the border wall plan.
“Secretary Michael Chertoff and the DHS are either out of touch or misleading the nation in saying that residents along the border have had this opportunity to be heard many times before,” Pérez said, in her testimony.
“The handful of open house meeting they held, left people frustrated and angry that their questions were not answered and that their opinions could only be written or given to a stenographer. These meetings were not opportunities for public input or dialogue; they were rigid forums where DHS did not listen or respond to legitimate concerns.”
Pérez said Chertoff abused the REAL-ID Act in order to issue his waivers and bypass the National Environmental Policy Act.
“That makes the comments submitted to members of Congress in connection to the field hearing even more important,” Pérez said.
Pérez: There's still time for Valley residents to testify against border wall
By Steve Taylor
[Rio
Rio Grande Valley landowner Betty Perez (center) testified against the border wall at a congressional field hearing in Brownsville on April 28. (Photo: RGG/Steve Taylor)
BROWNSVILLE, May 3 - A rancher and farm owner who testified against the border wall at last Monday’s congressional hearing in Brownsville says there is still time for other Rio Grande Valley residents to have their say.
“Written testimonies can now be submitted in association with this hearing and added to the Congressional record,” said Betty Pérez. “This is one of the best opportunities we have had for our voices to be heard.”
Pérez said comments need to be mailed in by May 16 and sent to:
Subcommittee on Fisheries, Wildlife and Oceans
Subcommittee on National Parks, Forests and Public Lands
1324 Longworth House Office Building
Washington, DC 20515
Pérez said any comments submitted do not have to be in response to the testimony given at the Monday’s hearing at the University of Texas at Brownsville. “They can address the many negative impacts that the wall will have,” she said.
Pérez is an active member of the No Border Wall coalition and a former director of the Friends of the Wildlife Corridor. She and her family own ranchland north of La Joya, on the northwest edge of Hidalgo County. The ranch was bought in the 1930’s by Pérez’s maternal grandfather. However, she can trace her roots in the Valley back to Mexico and to the Texas land grants of the 1700s on both her maternal and paternal sides.
Pérez was a panelist at the hearing held jointly at by the House National Parks, Forests and Public Lands Subcommittee and the Fisheries, Wildlife and Oceans Subcommittee. Both are subcommittees of the Natural Resources Committee. The hearing, titled “Walls and Waivers: Expedited Construction of the Southern Border Wall and the Collateral Impacts on Communities and the Environment.”
In her testimony, Pérez pointed out that a previous opportunity for Valley residents to have their say about the border wall was snuffed out by Homeland Security Secretary Michael Chertoff.
Late last year, thousands of Valley residents wrote or gave oral comments as part of the federal government’s draft Environmental Impact Statement. However, the EIS process was eliminated last month when Chertoff announced he was waiving more than 30 federal laws and regulations in an effort to speed up construction of 670 miles of fencing along the U.S.-Mexico border by year’s end.
The Department of Homeland Security has yet to make the comments submitted as part of the draft EIS process available to the public.
“This is an important opportunity to inform members of Congress, and to ensure that our voices become part of the official record,” Pérez told the Guardian.
“Department of Homeland Security Secretary Chertoff has announced that since he waived the National Environmental Policy Act there will be no Final Environmental Assessments or Environmental Impact Statements, and it is unclear what will happen to the hundreds of public comments that they received at the open houses they held in McAllen, Brownsville and other cities along the border.”
In her testimony to the House panel, Pérez said DHS has failed to enter into meaningful dialogue with Valley residents about the border wall plan.
“Secretary Michael Chertoff and the DHS are either out of touch or misleading the nation in saying that residents along the border have had this opportunity to be heard many times before,” Pérez said, in her testimony.
“The handful of open house meeting they held, left people frustrated and angry that their questions were not answered and that their opinions could only be written or given to a stenographer. These meetings were not opportunities for public input or dialogue; they were rigid forums where DHS did not listen or respond to legitimate concerns.”
Pérez said Chertoff abused the REAL-ID Act in order to issue his waivers and bypass the National Environmental Policy Act.
“That makes the comments submitted to members of Congress in connection to the field hearing even more important,” Pérez said.
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