NDÉ ISDZÁNÉ ŁANOHWILE’~~Lipan Apache Women Defense ~~El Calaboz Rancheria, Rio Grande/Rio Bravo: 03/15/08

Saturday, March 15, 2008

NEWS: U.N. CERD 2008 Recommendations to U.S.A.

NEWS! United Nations Committee on Elimination of Racism & Racial Discrimination (UN CERD) makes Comments and evaluations on the U.S.A. violations.
UN Faults US on Racism
UN Racism Experts Urge Changes to Eliminate Racial Bias
(New York, March 7, 2008) – The United States should immediately adopt UN recommendations to alleviate the widespread racial bias it found in the criminal justice system, Human Rights Watch said today.

The UN is telling the US that it needs to deal with an ugly aspect of its criminal justice system. Alison Parker, deputy director of the US Program at Human Rights Watch

Related Material
HRW Submission to CERD in its 72nd Session
Report, February 7, 2008

Follow-Up Letter to CERD
Letter, February 26, 2008

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The UN’s Committee on the Elimination of Racial Discrimination harshly criticized the US record on race after considering oral and written testimony submitted by the US government. In its conclusions issued today, the committee urged the US to rectify the “stark racial disparities” in criminal justice systems throughout the country.

“The UN is telling the US that it needs to deal with an ugly aspect of its criminal justice system,” said Alison Parker, deputy director of the US Program at Human Rights Watch. “The committee outright rejected the government’s claim that more black kids get life without parole sentences because they commit more crimes.”

The UN committee condemned what it found to be racial disparities in the death penalty and in the sentencing of youth to life without parole for crimes committed when they were under 18, a practice the committee wants stopped. Further, the committee called on authorities to take steps, including a moratorium on the death penalty, to root out racial bias.

The committee also dismissed claims by the US government that it did not have the power to examine the detention of non-citizens at Guantanamo. It urged the US to guarantee “enemy combatants” judicial review of the lawfulness and conditions of their detention.

“Once again, the Bush administration has been told by a major human rights body that it is not above the law when it comes to the war on terrorism,” Parker said. “The US should reverse its decision to deny judicial review to non-citizen enemy combatant detainees.”

The committee criticized US practices in numerous other areas, including:

· The Bush administration’s view that its human rights treaty obligations do not apply to laws or practices that are race-neutral on their face but discriminatory in effect;

· Racial segregation in housing and in public schools;

· Systemic inadequacies in indigent criminal defense, which have a disproportionate impact on racial minorities;

· The disenfranchisement of millions of US citizens because they have been convicted of a felony, even though they have fully served their sentences or have been released on parole.

The Committee on the Elimination of Racial Discrimination is the UN body of experts responsible for monitoring countries’ compliance with the Convention on the Elimination of all Forms of Racial Discrimination, a human rights treaty ratified by the United States in 1994. The committee’s comments and responses to state party reports are authoritative interpretations of states’ obligations under the treaty.

As is its regular practice, the committee considered US compliance with the treaty following the government’s submission of a report, due in November 2003 but finally submitted by the US in April 2007. A US delegation participated in the committee’s meeting to examine the report on February 21 and 22, 2008 in Geneva, and responded to questions.

For more information on the United States and the CERD, please see the following documents:

February 2008 Human Rights Watch submission to the Committee on the Elimination of Racial Discrimination

February 2008 follow-up letter from Human Rights Watch to the Committee on the Elimination of Racial Discrimination

April 2007 US Report to CERD

03/08 CERD final observations on the US

Cruzando Fronteras/Crossing Borders--Film by Heather Lara, Narrated by Leslie Marmon Silko

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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)