Tuesday, May 23, 2017

Yaquis remove pipes and cables from the pipeline of IEnova




  • A judicial decision was violated that ordered to suspend the works, argue the nonconformists 
  •  Authorities from eight villages agreed to remove materials 
  • The company resorted to "deception" and offered "ridiculous" amounts to communities
  • Businessmen from Sonora call for negotiation


Members of the Yaqui tribe began to remove pipes and cables installed by the company IEnova on their lands illegally for the construction of the Agua Prieta gas pipeline, which is intended to supply industries in northwest Mexico.

At noon on Sunday, a group of villagers began to extract material, in protest that the company continued with the works despite that a federal judge issued a resolution on April 26 in favor of the community to stop the work.

The company ignored "and at night, on the sly," placed the pipeline for the gas pipeline that will transport fuel from the Arizona border through Yaqui territory in the municipalities of Guaymas and Cajeme.

Rodrigo González, the legal representative of the ethnic group, reported that the Yaquis authorities agreed to prevent the gas pipeline from being laid, which puts the lives of its inhabitants at risk for being located less than a kilometer from residential areas and schools, as well as violating their territorial rights.

"Each of the eight villages (of the ethnic group) was asked to remove the pipelines, regardless of whether any of the communities, with deceit of the company, have endorsed its installation," he explained.

He also said that the company threatened to sue the people who accepted the pipelines on their lands "in exchange for ridiculous amounts of money."

Martin Valencia, traditional secretary of the town of Loma de Bácum, confirmed that residents took out the material. That community has disagreed with the project from the beginning.

"While realizing a rondín, the Yaquis realized the presence of employees of the company that installed cables, which took them to take measures", he emphasized.

While the discontented dug up the duct and pulled cables, villagers from the village of Loma de Bacum met in the traditional guard with the tribal governors to decide the next civil resistance actions against IEnova.

One year after the ethnic group filed the first complaint, they continue to submit evidence and allegations. The company has not responded. "The legal fight against the death pipeline remains firm and winning in the courts," warned Rodrigo González.

On October 21 of last year a clash occurred between about 600 supporters and opponents of the project; There was one dead, eight injured and 12 vehicles set ablaze.

Since then the ethnic group noticed that, by the violation of the judicial order, the opponents would continue with its demand until the judge ordered the company to remove the pipe completely.

Entrepreneurs from the southern state, including those grouped in the Economic Promotion Council of Ciudad Obregón, have pressured the state government and the company to reach an agreement with the non-conformists. They insist that natural gas will reduce the cost of operating maquiladoras and other industries.

Across Yaqui territory, several important works for the economic and social development of the north-west of the country, such as the Mexico 15 federal highway, a fiber optic network, aqueducts to supply drinking water to several cities and the gas pipeline, which is advanced 70 percent towards completion.

IEnova declined to disclose its position on the withdrawal of materials from the pipeline site.

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United Nations CERD Committee calls US to account for Border Wall Violations against Indigenous Peoples


 
NATIONS UNIES - UNITED NATIONS

DROITS DE L'HOMME - HUMAN RIGHTS

HAUT-COMMISSARIAT - OFFICE OF THE HIGH COMMISSIONER 
HAUT-COMMISSARIAT AUX DROITS DE L'HOMME

OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND

www.ohchr.org • TEL: +41 22 917 9000 • FAX: +41 22 917 9008 • E-MAIL: registry@ohchr.org
 
CLICK to download PDF

REFERENCE:CERD/92/EWUAP/GH/SK/ks
 
Mr. Theodore Allegra

Deputy Permanent Representative of the United States
of America to the United Nations Office
Geneva
Email: mission.usa@ties.itu.int 

17 May 2017

Dear Mr. Allegra,

I write to inform you that in the course of its 92nd session, the Committee on the Elimination of Racial Discrimination has further considered, under its early warning and urgent action procedure, the situation of the indigenous peoples living along the border between the United States of America and Mexico.

The Committee would like to remind the State party that in its previous 82nd session, it had addressed allegations concerning the potentially discriminatory impact that the construction of the border wall might have on the Kikapoo, Ysleta del Sur Pueblo and Lipan Apache indigenous communities, in its letter of 1 March 2013, and requested the State party to include relevant information in its overdue periodic report.

The Committee is informed about allegations of worsening of the situation of indigenous peoples in the same area. It is informed that the discriminatory effect of the previously constructed border wall has not been remediated. Moreover, the Government's planned expansion of the border wall, as announced through the executive order for " Border Security and Immigration Enforcement Improvements" of January 25, 2017, will allegedly have an adverse impact on the communities living along the border, especially indigenous communities.

Reportedly, the new order is more expansive than previous initiatives, and it was implemented without any type of consultation or consideration of potentially affected communities including indigenous communities.

The Committee is concerned that these allegations, if verified, could hinder the full enjoyment of 1ights under the Convention. The Committee recalls the concerns expressed in its letter of 1 March 2013 as well as recommendations made in paragraph 24 of its concluding observations (CERD/C/USA/CO/7-9, para. 24) of August 2014, that requested the State party to:

"(a) Guarantee, in law and in practice, the right of indigenous peoples to effective participation in public life and in decisions that affect them, based on their free, prior and informed consent;

(b) Take effective measures to eliminate undue obstacles to the recognition of tribes;

(c) Adopt concrete measures to effectively protect the sacred sites of indigenous peoples in the context of the State party' s development or national security projects and exploitation of natural resources, and ensure that those responsible for any damages caused are held accountable".

In accordance with Article 9 (1) of the Convention and article 65 of its Rules of Procedure, the Committee requests that the State party submit information on all of the issues and concerns as outlined above by 17 July 2017, as well as on any action already taken to address these concerns.

In particular, it requests that the Government of the United States of America provide information on:

(a)       The impact of the executive order of 25 January 2017 on the rights of affected indigenous peoples to have access to their lands and resources that they own or traditionally use;

(b)       Measures envisaged to reverse the negative impact of the expansion of the border wall on the rights of indigenous peoples;

(c)        Measures taken to ensure the free, prior and informed consent of the indigenous peoples, or genuine consultation, in decisions affecting them.

Allow me to express the wish of the Committee to continue to engage in a constructive dialogue with the Government of United States of America, with a view to provide it with assistance in the effective implementation of the Convention.

Yours Sincerely, 

Anastasia Crickley, Chair
Committee on the Elimination of Racial Discrimination








CERD

https://drive.google.com/a/tonatierra.org/file/d/0BzLV_uk_TQw0QkZHQ0lLenNwNkE/view?usp=sharing



NATIONS UNIES (   ,,(t(\\  UNITED NATIONS
DROITS DE L'HOMME \                     i     j HUMAN RIGHTS
HAUT -COMMISSARIAT                                                           OFFICE Of THE HIGH COMMISSIOHER


HAUT-COMM ISSA RIAT AUX DROITS DE L'HOMM E OFFICE OFTI-IE I-IIG I-1 COMMISS IONER FOR HUMAN RIGH TS PALAIS  DES NATIONS 1211 GENEVA 10, SWITZERLAND
www.ohchr.org TEL: +41 22 917 9000 FAX: +41 22 917 9008 E-MAIL: registry@ohchr.org


REFERENCE:C  E  RD   / 92 nd/EWUAP/GH/SK/ks

17 May 2017


 


Mr. Theodore Allegra
Deputy Permanent Representative of the United States of America to the United Nations Office
Geneva

Dear Mr. Allegra,

I write to inform you that in the course of its 92nd session, the Committee on the Elimination of Racial Discrimination has further considered, under its early warning and urgent action procedure, the situation of the indigenous peoples living along the border between the United States of America and Mexico.

The Committee would like to remind the State party that in its previous 82nd session, it had addressed allegations concerning the potentially discriminatory impact that the construction of the border wall might have on the Kikapoo, Ysleta del Sur Pueblo and Lipan Apache indigenous communities, in its letter of 1 March 2013, and requested the State party to include relevant information in its overdue periodic report.

The Committee is informed about allegations of worsening of the situation of indigenous peoples in the same area. It is informed that the discriminatory effect of the previously constructed border wall has not been remediated. Moreover, the Government's planned expansion of the border wall, as announced through the executive order for " Border Security and Immigration Enforcement Improvements" of January 25, 2017, will allegedly have an adverse impact on the communities living along the border, especially indigenous communities.

Reportedly, the new order is more expansive than previous initiatives, and it was implemented without any type of consultation or consideration of potentially affected communities including indigenous communities.






 









The Committee is concerned that these allegations, if verified, could hinder the full enjoyment of 1ights under the Convention. The Committee recalls the concerns expressed in its letter of 1 March 2013 as well as recommendations made in paragraph 24 of its concluding observations (CERD/C/USA/CO/7-9, para. 24) of August 2014, that requested the State party to "(a) Guarantee, in law and in practice, the right of indigenous peoples to effective participation in public life and in decisions that affect
·         them, based on their free, prior and informed consent; (b) Take effective measures to eliminate undue obstacles to the recognition of tribes; (c) Adopt concrete measures to effectively protect the sacred sites of indigenous peoples in the context of the State party' s development or national security projects and exploitation of natural resources, and ensure that those responsible for any damages caused are held accountable".

In accordance with Article 9 (1) of the Convention ai1d article 65 of its Rules of Procedure, the Committee requests that the State party submit info1mation on all of the issues and concerns as outlined above b y17 July 2017, as well as on ai1y act ion already taken to address these concerns.

In particular, it requests that the Government of the United States of America provide information on:

(a)            The impact of the executive order of 25 January 2017 on the rights of affected indigenous peoples to have access to their lands and resources that they own or traditionally use;

(b)            Measures envisaged to reverse the negative impact of the expansion of the border wall on the rights of indigenous peoples;

(c)            Measures taken to ensure the free, prior and informed consent of the indigenous peoples, or genuine consultation, in decisions affecting them.

Allow me to express the wish of the Committee to continue to engage in a
constructive dialogue with the Government of United States of America, with a view to provide it with assistance in the effective implementation of the Convention.

 

 




Anastasia Crickley Chair
Committee on the Elimination of Racial Discrimination