NDÉ ISDZÁNÉ ŁANOHWILE’~~Lipan Apache Women Defense ~~El Calaboz Rancheria, Rio Grande/Rio Bravo: UTB, government reach settlement on border fence

Wednesday, March 19, 2008

UTB, government reach settlement on border fence

Top Story, Brownsville Herald, Kevin Sieff

Update:
http://www.brownsvilleherald.com/news/university_85287___article.html/federal_government.html

UTB, government reach settlement on border fence
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March 19, 2008 - 2:56 PM
By Kevin Sieff, The Brownsville Herald
The federal government's lawsuit against UTB-TSC over the border fence has been dismissed-at least for now.

After six hours of negotiations, both parties' lawyers reached a compromise before the case's scheduled court date today.

The resulting court order gives federal surveyors access to the university's land, but asserts a number of related conditions.

"They're not allowed to mow a single blade of grass without our permission," University of Texas at Brownsville and Texas Southmost College President Juliet V. Garcia said, summarizing what university administrators described as a minor triumph in the ongoing litigation.

On Wednesday afternoon, Daniel Renfro Jr., counsel for Texas Southmost College District, told U.S. District Judge Andrew Hanen that federal surveyors "are now authorized to go onto the university's property to assess all alternatives" to a physical barrier. If the Department of Homeland Security decides to construct the barrier, a second land condemnation suit will be filed.

"Maybe we reached a result where both sides are equally pleased and equally displeased," Hanen said. "This is the process envisioned by Congress when they passed the act."

Hanen suggested that the negotiation between the university and the federal government should be used as a template for related cases-especially those involving public institutions.

"That was our intent," Garcia said, "to test the outer edges of the rights landowners have."

For more on this story, read Thursday's Brownsville Herald.

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DECOLONIZATION & INDIGENEITY

LAW-Defense is re-structuring our web presence based upon on-going dialogues with Nde' peoples of Konitsaii Gokiyaa. Key Themes are:

Indigenous Peoples' Knowledge
Nde' world views
Indigenous human rights
Elders
Gender violence
Indigenous Women
Indigenous Youth
Indigenous Workers
History, historical correction and recovery Self-determination in social, economic, spiritual and political realms,
Decision-making on all matters related to Nde' peoples, Nde' governance, customary lands, and territories.

LAW Defense actively engages U.N. CERD, the U.N. Special Rapporteur on the Rights of Indigenous Peoples, the Inter-American Commission/ OAS system, and the UN Permanent Forum on Indigenous issues, among others.

Decolonization.

Indigeneity.

Indigenous Cultural, Social, Economic, and Political Decision-making.

Indigenous Empowerment.

Nde' Truth Commission on Genocidal Violence (new!).

Racism, Gender violence and Settler Colonialism.

The Doctrine of Discovery and Domination (new!)

Indigenous Oral and Written Narrative.

Indigenous Media and Documentation.

Self-Determination & Self-Governance.

Indigenous security, health, and equilibrium.

ABOUT US~~LIPAN APACHE WOMEN DEFENSE

Lipan Apache Women Defense (El Calaboz Rancheria) organized in the summer of 2007 to address centuries and recent decades of land-based struggles, recognition, territories, self-determination, and indigenous peoples' world views.

Lipan Apache Women Defense (LAW-Defense) is an Indigenous Peoples' Organization. It supports local capacity building, documentation, research, and investigations related to Indigenous peoples' rights affirmed in the U.N. Declaration on the Rights of Indigenous Peoples, ratified in 2007, and adopted by the United States on December 16, 2010.

LAW-Defense documents and advocates for the rights of the indigenous originarios, Nde', and Nakaiiye-Nde lineal clan members of Lipan Apache peoples who are the Real People: original rancheria communities along the Rio Grande/Rio Bravo.

Our projects embrace Indigenous Peoples' rights, as taught, transmitted, and upheld by the Elders and Knowledge Keepers.

Context:
Lipan Apache women of El Calaboz Rancheria took up the cultural, social, legal, political, and economic protection against armed and forced dispossession of Indigenous Peoples' lands by the U.S. D.H.S. et al.

We organized community support, empowerment and decision-making processes to protect integral and inherent Indigenous relationships to lands, sacred sites, burial grounds, and biodiversity in the face of a series of armed and forced takings of local peoples' lands, as a direct consequence of the implementation of the U.S. Secure Fence Act of 2006.

The Secure Fence Act of 2006, Sec. 102, provided the Secretary (Department of Homeland Security) the unilateral power to waive 36 Federal laws and this laid the pavement for destruction of languages, kin-ship practices, ceremonies, traditional medicinal knowledges, burial grounds, sacred sites, subsistence herding and farming, and cultural restoration projects already in implementation by local leaders. See, "Constitution Free Zone."

Indigenous peoples from the El Calaboz Rancheria lineal clans stood firm against the U.S. possession of traditional lands. Securing our lands, resources, livelihoods, ecologically-based economies, and way of life are at the heart of the matter for Indigenous Peoples of the Lower Rio Grande, who continue to struggle against settler and state violence stemming from colonization by Spaniards in the early 1520s, and subsequent waves of settlement, development, and privatization by Euro-American colonizers.

The United States and Nde' Customary Perspectives
In U.S. law, there are significant legal fictions which assume the religious and racial superiority of Euro-American settler juridical systems above those of indigenous peoples inherent and inalienable rights to self-governance, lands and territories. The following models entail excessive aggression and armed violence, which were used to dispossess lands illegally through force and coercion against Lower Rio Grande River communities:
1. Eminent Domain,
2. the Declaration of Taking, and
3. Condemnation Proceedings.

Impacted Nde' and Nnee Peoples of the Texas-Mexico Border--Beyond the Doctrine of Discovery
Specifically impacted Indigenous people, the Lipan Apache, Jumano-Apache, and Mexican-American land grant peoples whose ancestors' presence in the hemisphere pre-date European conquest.

The Lipan Apache Women Defense organized legal, social, cultural and political resistance to U.S. militarized violence, abuse of state power, and abuse of the Rule of Law

This work raises critical questions and organizes forums for serious debate, participation and collective decision-making about Indigenous inherent Aboriginal Title, and the State's sovereignty.

To date, the U.S. border wall project has been unsuccessful in El Calaboz Rancheria, Lower Rio Grande Valley, South Texas because it has not achieved its goal: genocide and erasure of Indigenous peoples, presence, history, creativity, and resilient spirit.

By foregrounding community organization, documentation, research and education the Lipan Apache Women Defense has strengthened the Indigenous People's resolve to persist in Indigenous, U.S. and International law systems to restore democratic principles and rule.

PLEASE SUPPORT OUR EFFORT to PROTECT INDIGENOUS LAND RIGHTS ALONG THE BORDER AND BORDER WALL.
(FEBRUARY 2012)