[IPSM] compiled news articles

Wed Oct 26 15:43:09 PDT 2005

1. Guambiano community seeks support in their resistance against the
colombian military
2. canadian crimes against Indigenous Peoples presented in the UN, by
Métis and Lubicon
3. u.s. supreme court says sovereign nations can be taxed
4. Minutemen not welcome in Akwesasne

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(1)
URGENTE: REQUESTING INTERNATIONAL SOLIDARITY...

[english follows]

URGENTE:

Recurro a usted por los lazos de amistad y hermandad que nos unen, para
solicitar ayuda internacional.

El pasado 12 de octubre, el Pueblo Guambiano entro a recuperar tierras
ancestrales que estaban en manos de terratenientes, como protesta a la
fecha.Como respuesta el Estado Colombiano usando la violencia a traves
de las fuerzas militares ha tratado de desalojar. con un saldo tragico
de 15 personas gravemente heridas. Hasta hoy el Gobierno colombiano ha
dicho que si no desalojamos las tierras, empleara la fuerza sin
importar si hay perdida de vidas humanas. Si no hay intermediacion
internacional preveemos una gran masacre cometida por el gobierno
colombiano, ya que nosotros vamos a resistir sin importar nuestras
vidas. solo para seguir perviviendo con nuestra madre naturaleza.

Por eso solicito ayuda urgente divulgando y pronunciando antes estos
hechos fatales que van en contra de los pueblos indigenas de Colombia y
America. Anexo envio dos pronunciamientos oficiales del pueblo
guambiano:
1- que va dirigido a la prensa nacional e internacional.
2- Dirigido a ongs, instituciones de cooperacion internacional a
pueblos indigenas, Universidades , etc.
para que pronuncien al gobierno Colombiano a que cese estos hechos y
haya negociaciones.

También si es posible, solicitud listados de estas instituciones con
sus respectivos correos para enviar estos comunicados y solicitar apoyo
de manera directa.

Con sentimientos de gratitud y aprecio,

JEREMIAS TUNUBALA
Periodista Guambiano
Coordiandor de Comunicaciones

Postdata: POR FAVOR CUALQUIER PRONUNCIAMIENTO O COMUNICADO DE APOYO A
NOSOTROS O COMUNICADOS DE PROTESTA DE CUALQUIER INSTITUCION AL
GOBIERNO COLOMBIANO POR FAVOR ENVIARNOS UNA COPIA A LOS SIGUIENTES
CORREOS.

jtunubala at hotmail.com
guambiaestereo at hotmail.com
asomediosindigenas at hotmail.com

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Hi colleagues

URGENT:

I'm contacting you given the friendship and brotherhood that unite us,
to request international support.

Last 12th of october the Guambiano people went in to recover ancestral
lands who were in hands of landowners to protest against the october 12
date. In response, the Colombian government using violence through
their military forces has attempted to remove the people with the
result of 15 people heavily injured. The government says that if we
don't leave they will use all the force, without minding human losses.
Without international support and mediation we forsee a massacre as we
will resist even with our own lives, so we can continue living with
mother nature.
Therefore I request urgent support by forwarding this message and
making a statement against this actions which attempt against the
indigenous peoples of Colombia and the Americas

I have attached two documents from the Guambiano people. one aimed at
the local and international press, the other one to NGO's,
international cooperation institutions, indigenous organizations,
universities.

Also if possible if I could have lists of institutions so I can forward
directly this documents and request for direct action.

with thanks and appreciation

JEREMIAS TUNUBALA
Guambiano Journalist
Communication Coordinator

Postdata: PLEASE SEND ANY STATEMENT OR COMMUNICATION IN OUR SUPPORT TO
THE COLOMBIAN GOVERNMENT WITH COPY TO US ON THE FOLLOWING ADDRESSES

jtunubala at hotmail.com
guambiaestereo at hotmail.com
asomediosindigenas at hotmail.com

--------------------------------------------------------------------------------

(2)

Friends of the Lubicon
P.O. Box 444, Stn. D,
Etobicoke, ON
Canada, M9A 4X4
Tel: 416-763-7500
Email: fol at tao.ca
Web: www.tao.ca/~fol

October 16, 2005

In addition to Lubicon Nation representatives pressing their case before
the UN, Amnesty International will also be in Geneva this Monday making
a submission before the United Nations Human Rights Committee (UNHRC).
Amnesty will, among other things, be asking for the UN's help to get the
government of Canada to "immediately resume negotiations with the
Lubicon Cree with the aim of achieving a timely settlement of the land
dispute that fully respects their rights under national and
international law and ensure that unless the Lubicon give their free,
prior informed consent, no activities are undertaken on the disputed
land that could jeopardize the fulfillment of Lubicon rights"

The Amnesty submission to the UNHRC addresses a number areas where
"Canada's human rights performance" needs "significant improvement". The
complete twenty three page report is available at
http://www.amnesty.ca/english/main_article_home/HRC_brief_Oct17-18_2005.pdf?ref=11

A news story on the Amnesty submission to the UN is reproduced below.

* * * * * * * * * * * * * *

Change security certificates: Amnesty Int'l
Canadian Press

OTTAWA — The Canadian branch of Amnesty International is urging the
federal government to change its controversial security certificate
system.

The certificates are a counter-terrorism measure which allow for the
arrest, detention and deportation of non-citizens deemed to be threats
to national security. Evidence and allegations against them may be kept
secret, reviewed only by a Federal Court judge.

Four people are being held under security certificates as the government
tries to deport them. Another was recently released under stringent
bail conditions.

In a paper to be presented at a United Nations human rights committee
meeting in Geneva on Monday, Amnesty said the security rules should be
changed to allow more openness.

"The process does not conform to a number of essential international
legal standards, which are meant to safeguard against the very
possibility of arbitrary detention,'' the paper says.

It points out that detainees are not informed of the precise allegations
against them, they see only a summary of the evidence and evidence can
be presented to a judge in the absence of both the detainee and
counsel.

The paper accepts the special measures may be needed in some security
cases but "any such measures must be consistent with international
law.''

It urged the government to change the law to ensure a substantive review
of reasons for such detentions and by making all evidence available to
people being held.

The group's submission also focused on Canada's aboriginal population,
saying it has serious concerns about the protection of the rights of
indigenous people.

Among other things, the paper urged the government to:

Study the extent of violence against aboriginal women.

Provide better financing of programs for battered aboriginal woman.

Ensure that police forces work with aboriginal women's groups to ensure
that disappearances of aboriginal women and girls are handled with due
diligence.

Improve funding for aboriginal child welfare services.

Educate police on the handling of people who are drunk or on drugs to
ensure they get proper treatment.

Set up independent civilian review panels to investigate claims of human
rights abuses by police.

Find better ways of handling land claims.

Speed up settlement of the land claim dispute of the Lubicon Cree in
northern Alberta.

The paper says Canada prides itself on its commitment to human rights,
but "there are still a number of areas where significant improvement in
Canada's human rights performance are needed.''

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Canada's Aboriginal Policy Questioned at United Nations

      OTTAWA, Oct. 17 /CNW Telbec/ - Today and tomorrow, October 18, 2005, the
United Nations Human Rights Committee in Geneva will be examining
representatives of the federal government on Canada's report on its compliance
with its international obligations under the International Covenant on Civil
and Political Rights.
      One of the main issues to be raised by the Committee will be related to
Canadian performance of its human rights obligations regarding Indigenous
peoples. In that regard, the Métis National Council (MNC) and KAIROS, a
national coalition of Christian churches that works on social justice issues,
have made joint representations to the Committee as it prepares to examine the
report that Canada submitted to the Committee earlier this year.
      A main concern of the MNC relates to provincial failures to recognize,
respect and protect Métis rights, including Aboriginal rights that have been
expressly recognized by Canadian courts, and rights that have been clearly
identified by the Committee in past reports and recommendations to Canada.
      The international right of self-determination will also be at the
forefront of discussion. Canada's policy currently fails to measure up to its
obligations under Article 1 of the Covenant on Civil and Political Rights,
which states "All peoples have the right of self-determination."
      The joint submission points to Canada's failure to respect the Covenant
as it applies to the Métis people in Canada, one of the "aboriginal peoples of
Canada" given express Constitutional recognition in section 35 of the
Constitution Act, 1982. Notwithstanding numerous domestic and international
legal obligations, Canada has not enacted legislation nor adopted policies
that effectively recognize and protect the right of self-determination of the
Métis people.
      Furthermore, in contravention of these obligations, the federal
government continues to assert that Métis land rights have been extinguished,
and also insists on the discredited technique of "extinguishment" in treaty
negotiations with First Nations. Canada has consistently ignored repeated
calls by the UN to abandon it policies of extinguishment, including by the UN
Human Rights Committee at its review of Canada in 1999.
      The joint MNC-KAIROS submission also addresses the issue of control over
natural resources and the fact that Métis are essentially without access to
land and resources. "Canada cannot avoid its international obligations by
pointing to provincial dereliction", said Clément Chartier, President of the
MNC. He added, "Canada is responsible for all of Canada in international law."
      Métis National Council Minister for International Affairs and President
of the Métis Nation of Ontario, Tony Belcourt says, "The provinces are also
bound to uphold their obligations under international treaties signed by
Canada and they must be brought to task for their outrageous denial of Métis
rights and access to lands and resources. In particular, the provinces must be
brought to task for either refusing to recognize our Constitutional rights to
hunt and fish for food or, in the case of Ontario, breaking solemn agreements
they entered into in July, 2004, only to renege on the agreement three months
later."
      Ed Bianchi, Aboriginal Rights Program Coordinator for KAIROS, will appear
before the Human Rights Committee in Geneva on Monday.

      WHEN: Monday, October 17, 2005 - 10 am
      WHERE: United Nations, Geneva, Switzerland

      The joint submission is available on the Métis National Council website
at: www.metisnation.ca

-30-

/For further information: Robert McDonald, Director of Media and Public
Relations, Metis National Council, 613.232.3216 Or Ed Bianchi, KAIROS
613.235.9956 / ebianchi at kairoscanada.org/

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(3)

Sherrill ruling's effects debated
Sunday, October 16, 2005
By Glenn Coin
Staff writer

Before March 29, federal courts had ruled that Oneida Indian Nation
land was sovereign and beyond the reach of local laws.

But when the U.S. Supreme Court tossed out previous court rulings and
voided the nation's sovereignty over its land, everything changed.

In the six months since the Supreme Court ruled the nation must pay
taxes to the city of Sherrill, the Oneida nation has for the first
time:

Paid more than $1.5 million toward its tax bills.

Allowed county health inspectors into Turning Stone Resort and Casino kitchens.

Paid a fine to the federal Occupational Safety and Health Administration.

Challenged local property tax assessments that the nation had
previously ignored.

Asked the federal government to take all Oneida nation land into trust.

"You have a gradual surrender of the claim to sovereignty that the
Oneida nation has exerted for years," said Leon Koziol, a Utica lawyer
who worked for Upstate Citizens for Equality, which opposes nation
sovereignty. "The Sherrill decision essentially sent a message to
(Oneida nation leader) Ray Halbritter that his power is very much
limited."

But other nation critics say little has actually changed. They say the
nation's actions in the past few months amount to little more than a
ploy to get the land put into trust. Trust land lies beyond the reach
of local taxes and laws a status similar to the sovereignty the nation
claimed in the past.

The nation applied for trust land status just a week after the Supreme
Court ruling.

"They're buttering up these local officials, saying how cooperative
(the Oneidas) are, only to

turn around and sucker-punch these officials through the . . . trust
process," said David Vickers, president of UCE.

Vickers and Madison County Attorney John Campanie noted that the
nation has been careful not to call the payments they've been making
since the decision "taxes."

"They're doing what they can to distinguish the payments they're
making so they don't admit they're paying taxes," Campanie said.

Oneida nation spokesman Mark Emery said the Supreme Court suggested
the nation apply to put its land into trust.

"The Oneida nation is just following the road map laid out by the
Supreme Court," Emery said. "Once that land goes into trust,
everything goes back the way it was."

The way it was before March 29 was this: The Oneida nation, flush with
casino profits of up to 30 percent a year, had bought up more than
17,000 acres in Madison County. The nation declared the land
sovereign, did not pay sales or property taxes and refused to allow
county health inspectors inside the resort or its SavOn gas station
chain.

Sherrill tried to foreclose, and the nation filed suit in federal
court. The nation won the first two rounds but lost 8-1 at the Supreme
Court. The court said the Oneidas had waited too long to claim
governmental power over the land, and that allowing the nation to
exert that power now over a "checkerboard" of land would lead to
chaos.

The Sherrill case came to an end earlier this month, when the nation
and the city announced an agreement. The five-year agreement calls for
the nation to answer the city's tax bills with payments in "amounts
that equal or exceed the amounts shown on the bills." The nation also
agrees to allow city codes inspectors onto nation property.

The Supreme Court decision has also had repercussions across New York.
Courts that previously sided with the Oneidas have now issued two
rulings against the Cayuga Indians. Both rulings relied heavily on the
Supreme Court's decision in Sherrill:

The 2nd U.S. Circuit Court of Appeals threw out the Cayuga Indian land
claim, ruling the Cayugas had waited too long. Lawyers for Madison and
Oneida counties say that could mean the end of the Oneidas'
250,000-acre land claim.

U.S. District Judge David Hurd paved the way for the village of Union
Springs to shut down the Cayugas' electronic bingo hall.

Those two decisions may come full circle to Madison and Oneida
counties. Madison County is awaiting a decision on its attempts to
foreclose on nation land, and Hurd is hearing that case.

Campanie said the rulings by Hurd and the 2nd Circuit bode well for
the counties, but the Oneida nation continues to challenge the
decisions from the Supreme Court down.

"It looks much, much better for us today after those decisions,"
Campanie said. "The long struggle we have been engaged in is paying
benefits, but we still have significant difficulties and we're trying
to work through those."

The legal battles are far from over, agreed Robert Odawi Porter,
director of the Center for Indigenous Law, Governance & Citizenship at
the Syracuse University law school. Even if the courts dismiss the
Indian land claims because of the Sherrill decision, the tribes are
likely to file again using new theories of law, he said.

"It's not like this is going to be the end of it," Porter said. "Until
Congress enacts some kind of final settlement legislation, the claims
will continue. It might be said now is the best time for the state and
local governments to favor settlement strategy because the odds seem
to favor them for the moment."
(c) 2005 The Post-Standard.

Hello,

        I am asking for your help in a delicate situation

involving the Onieda Nation of American Indians in

New York. They are applying to put their land into trust

as a part of the Indian Land Consolidation Act.

Please do what ever you can to help the Onieda Nation

regain the the soveriegnty they have held for so many years as

a federally recognized American Indian Nation.

Sincerely,

                Thomas Greywolf Atkins

             Chickahominy/Mattaponi/American Citizen

This letter has been sent to all

of the emaill addresses listed below.

You may feel free to replace my name

with your own and use my letter.

Just copy & paste the addresses into your

Bcc: section, then put your own email address

in the To: section.

Thank You for your help.

Government Officials:

gale_norton at ios.doi.gov, craig_manson at ios.doi.gov,
senator at akaka.senate.gov, senator at biden.senate.gov,
russell_feingold at feingold.senate.gov, senator at yulee.senate.gov,
senator at fremont.senate.gov, senator at mallory.senate.gov,
senator at weller.senate.gov, senator at broderick.senate.gov,
senator at welch.senate.gov, senator at kennedy.senate.gov,
senator at boxer.senate.gov, senatorlott at lott.senate.gov,
senator_leahy at leahy.senate.gov, senator at clinton.senate.gov,
senator at shelby.senate.gov, senator_lugar at lugar.senate.gov,
senator at mikulski.senate.gov, senator at snowe.senat.gov,
senator at rockefeller.senate.gov, arlen_specter at specter.senate.gov,
senator at santorum.senate.gov, senator at frist.senate.gov,
senator at dole.senate.gov, senator at mitchell.senate.gov,
senator at muskie.senate.gov, senator at reid.senate.gov,
senator at moynihan.senate.gov, senator at damato.senator.gov,
sf.nancy at mail.house.gov, eric.cantor at mail.house.gov,
elijah.cummings at mail.house.com, maxine.waters at mail.house.gov,
henry.waxman at mail.house.gov, wayne.gilchrest at mail.house.gov,
dennis.hastert at mail.house.gov, nancy.pelosi at mail.house.gov,
roy.blunt at mail.house.gov, steny.hoyer at mail.house.gov,
gary.ackerman at mail.house.gov, tim.bishop at mail.house.gov,
joseph.crowley at mail.house.gov

Media:

info at ap.org, nationalnews at herald.com, investigations at herald.com,
national at latimes.com, sam at okit.com, indianz at indianz.com,
cshaw at nypost.com, abramowitz at washpost.com, barkinr at washpost.com,
mike.adams at baltsun.com, kevin.cowherd at baltsun.com,
pmilton at patuxent.com, skelly at patuxent.com, jimlee at lcniofmd.com,
carriem at lcniofmd.com, 48hours at cbsnews.com, 60minutes at cbsnews.com,
60ll at cbsnews.com, earlyshow at cbsnews.com, weekends at cbsnews.com,
today at nbc.com, dateline at nbc.com, oprah.com at oprah.com,
v_services at montelshow.com, feedback at montanapbs.org,
kufm at montanapbs.org, info at libbymt.com, editor at tobaccovalleynews.com,
westnews at libby.org, op-ed at latimes.com, Studiob at foxnews.com,
Newswatch at foxnews.com, Foxreport at foxnews.com,
chet.barfield at uniontrib.com

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FROM: THE CORNWALL STANDARD-FREEHOLDER NEWSPAPER

http://www.standard-freeholder.com/webapp/sitepages/content.asp?contentid=130605&catname=Front+Page&classif=News+Alert

Minutemen On Patrol: Controversial group watches over border

By Kevin Lajoie

Front Page - Monday, October 24, 2005 @ 10:00

A controversial border-watch group brought its operation to the
Cornwall area this weekend and left without spotting any signs of
illegal activity.

About 15 volunteers, members of the Arizona-based Minutemen Project,
spent Friday and Saturday nights patrolling the border between
Akwesasne and Massena, N.Y. looking for drug smuggling and illegal
immigration.

Peter Lanteri, the Minutemen's New York chapter leader, said the group
didn't encounter any major problems during their patrol. Group members
call the local U.S. Border Patrol if they spot suspicious activity.

Lanteri believes it was a matter of timing — and not a lack of illegal
activity in the area — which prompted the two quiet nights.

"The locals have told us that this is a known area for smuggling," he
said. "You just got to catch them at the right time.

"

Lanteri said the group decided to come to the Massena region after
learning it was known as a smuggling area.

The leader said the group did not go into Akwesasne during their patrol.

"That's their land. We're not going to infringe on them," he said.

Grand Chief Angie Barnes, of the Mohawk Council of Akwesasne on the
Canadian side of the reserve, said her government was not offering any
support to the group because the Minutemen did not follow the
traditional protocol required for visitors – presenting their plans to
tribal leadership.

"We're concerned when a group with no accountability is in the area,"
Barnes said.

As for the issue of smuggling itself, Barnes said Akwesasne is always
in the spotlight due to "negative media coverage" while other border
areas are being overlooked.

"It's not just Akwesasne. It's (happening) all over," she said.

The Minutemen, which made a name for itself after it began patrolling
the U.S./Mexico border, has been criticized by many as being racist
and vigilantes, but Lanteri disputed those claims.

"We're like a neighbourhood watch on the border," he said, adding
local state troopers and border patrol officials were given a list of
the group volunteers and their vehicle models when they arrived.

"We're pro immigrant. We're not saying shut the borders. We're saying
secure them," said the Long Island resident.

Lanteri said only one member of the group was armed with a handgun
during the patrols, and he had the proper state firearm permits
required.

An electrician by occupation, Lanteri said the main goal of the group
is to get the message out that the U.S. borders are not secure enough.

"They (border patrol) appreciate the fact we're volunteering our own
time and money to come up here," he said.

leave it to police

Chief James Ransom, of the St. Regis Mohawk Tribal Council, on the
U.S. side of the reserve, said he agrees with the need for tighter
border security, but he doesn't agree with the approach of the
Minutemen.

"It should be left to the police forces," he said.

Massena Mayor Ken MacDonnell said he wasn't very familiar with the
Minutemen Project, but he had no major qualms with the group setting
up patrols in the area.

"In this day and age, it's important that everyone be on the lookout
for suspicious activity," he said.

At this point, there's no specific plans for the group to return to
patrol the area once again.

Native Solidarity News at

www.ckut.ca/nsn/