The Gorsuch Gambit: Colonization disguised as Development

The Gorsuch Gambit: Colonization disguised as Development Andrew Jackson he is not, and Gorsuch is not Chief Justice John Marshall but Trump-Jackson and Marshall-Gorsuch are four points of continuity that describe the "White Supremacy" project of European American colonization of the continent under the "nefarious" Doctrine of Discovery of Christendom begun with the invasion of Abya Yala at the onset of World War I on October 12, 1492.

Marshall delivered the bastardized concept of the Divine Right of Kings to the waiting arms of the new American Empire in territorial expansion via the MARSHALL TRILOGY (1823), writ large later the same year as the MONROE DOCTRINE and now Gorsuch had been strategically positioned within the US Supreme Court to finalize the project of the utter annihilation of the STILL STANDING ORIGINAL NATIONS of Indigenous Peoples of the Great Turtle Island Abya Yala.

Abya Yala

Q: Why did the Koch brothers invest tens of millions of dollars to prep the political process to insure that Gorsuch would be the SCOTUS nominee, regardless of whether it was to be Trump, Rubio, Bush or any other right wing fool who would simply be the instrument for packing the Supreme Court for further nefarious legaloid assaults on the extra-constitional Human Rights and Territorial Rights of Indigenous Peoples?

The scene: Down the road, around the bend, away from public scrutiny and hidden in plain site from the critical consciousness of the "Movement" the privatization of public lands will end up at the SCOTUS. State lands, federal lands will be opened up for expropriation and exploitation by private corporate pirates.

In this scenario, the reservation lands established under the US Commerce Clause as subdivisions of the US body politic will be the dessert for the Trump orgy, but in order to provide the perfume of legitimacy, the US Federally Recognized Tribal Council system of internalized colonization must be brought to effect, in the form of "Tribal Leaders" who will sign off on the Death Warrant for the Right of Self Determination for the Future Generations of Original Nations of Indigenous Peoples.

To be continued.....

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Abya Yala: Message to the Native Nations Rise March

It deserves clarification that the US government federal system of state sovereignty is composed of the three levels: Overarching is the plenary power of the national federal government superstructure composed of all the 50 states collectively, each one of the states individually, and then finally the federally recognized and domesticated "Native American Tribes" of elective systems established under the 1934 Howard Wheeler Act. The Native American Tribal Council system is an expression of US jurisdiction based on the Commerce Clause of the US constitution. For this reason, it would be illogical and impossible for a US Federally Recognized Tribal entity, as a domestic dependent political apparatus of "American" Indians to have the international legal position necessary in order to bring the Oceti Sakowin Treaty Issues forward into international venues with any degree of competence or confidence that this was being done to bring justice to the Treaty disputes in question.

#origiNations #origiNaciones #WorldWaterWays #WorldWaterOne

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UN Special Rapporteur: Mexico is a colonial state

A growing climate of violence and impunity in Mexico

Fernando Camacho Servin

La Jornada

Sunday December 19, 2017 p. 10

No different from the colonial system, says UN rapporteur: Indigenous peoples face an economic model based on dispossession

The indigenous peoples in Mexico and in other parts of the world face an economic model based on the dispossession and forced occupation of their territories, with the objective that their natural resources serve as a basis for a development model that does not benefit them, which is not very different from the colonial system that existed two or three centuries ago.

So stated the Special Rapporteur of the United Nations on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz, who stressed that although the scheme is practically the same on a global scale, the indigenous communities of Mexico face a climate of violence and impunity even greater than that which exists in other regions.

After concluding her visit to Mexico, from November 8 to 17, in which she toured the states of Chiapas, Guerrero and Chihuahua, the consultant and activist of indigenous Filipino origin spoke with La Jornada about her findings and concerns, as well as about the way in which she believes that governments can repay the historical debt they have with the original communities.

-How do megaprojects affect Indigenous Peoples?

"The indigenous communities are rich in natural resources, such as forests, minerals or biodiversity, and governments see these resources as the basis of national economic development. So they go to the communities and extract what is there, but they do not help people to live in the way that seems right to them. They only leave the environmental destruction generated by the mines and the extraction of gas and oil, but without rehabilitating their lands and waters.

Of course, indigenous peoples want at least to be consulted and there must be a negotiation. Yet when they resist, that is where the violence occurs, because the military or the security guards of the companies treat them in the worst way and even displace them from their lands without receiving compensation or a decent place where they can be relocated.

If the authorities would listen, they would know that indigenous peoples are not against development, they just want to make sure that development brings them benefits, that they can protect their lands and territories, and continue to practice their traditional cultures."

- How would you describe what happens in Mexico, compared to what happens in other countries?

"In many ways, what happens here is similar to what happens in many countries that I have visited, in terms of the situation of Indigenous Peoples. What is quite unique are the high levels of impunity, as in the cases of massacres of which I have heard and which occur very frequently. That's something I have not seen in other countries.

The government admits that there are between 98 and 99 percent impunity, which tells me that the issue of impunity in Mexico disproportionately affects the Indigenous Peoples, because it is they who defend their lands and oppose the projects that the government considers priorities; so it is logical to conclude that it is they who are being imprisoned and criminalized."

-Do the Indigenous Peoples continue to face schemes of colonialism?

"Clearly! The Pueblos Originarios of Mexico continue to face a lot of the colonial system because the thinking of the people who are in power is only to extract their resources, occupy their lands and get everything they can from them, and this is a form of internal colonialism, if not external."

- So is it basically the same as what happened two or three centuries ago?

"Yes, basically I think so, because the colonizers who wanted to extract everything and get rich are the same as the present elites, the rich who do business in the private sector, extract what they can from the communities without their consent and give nothing in return."

- What do you think about the difference between what is stated in the laws in Mexico and their application in reality?

"Mexico was international leader for the approval of the United Nations Declaration on the Rights of Indigenous Peoples, and that is very good, but the fact that this is not reflected in the country is worrisome. There should be a special law that recognizes indigenous people as subjects of public law.

-How should the historical debt to the Indigenous Peoples be repaid?

"First of all, there must be acceptance that there is in reality a historical debt, and that acceptance may come in the form of an apology, an acknowledgment of the wrongs that have been committed, so that then there may be a dialogue with the Indigenous Peoples. It must be accepted that the current development model is the root of the conflicts, because the inequity of resources, power and wealth which prevails in many countries and this has to be confronted, even if that means less wealth and power for those who have always possessed them."

TRANSLATION: TONATIERRA
 

Links:

End of mission Statement by the Special Rapporteur on the Rights of Indigenous Peoples on her mission to Mexico

*************
 Letter from Emiliano Zapata to Woodrow Wilson,
President of the United Sates
General Headquarters of Yautepec, Morelos

August 23, 1914

In this manner, aided by the complicity of the courts and even worse acts of the sort, such as false imprisonment or forced consignment into the military, the small landholders are robbed, and the great land barons have become sole owners of the entire country.  The Indigenous Peoples now disposed of their lands, have been forced to work on plantations for low wages and are forced to endure the extreme mistreatment of the landowners and their stewards or overseers, many of whom, being Spanish or the children of Spanish parents, consider that they are entitled to conduct themselves as if they live at the time of Hernán Cortés, in other words as if they were still the conquerors and masters, and that we the "peons" were mere slaves, subject to the brutal law of conquest.

 

UN Special Rapporteur: Mexico is a colonial state

A growing climate of violence and impunity in Mexico

Fernando Camacho Servin

La Jornada

Sunday December 19, 2017 p. 10

No different from the colonial system, says UN rapporteur: Indigenous peoples face an economic model based on dispossession

The indigenous peoples in Mexico and in other parts of the world face an economic model based on the dispossession and forced occupation of their territories, with the objective that their natural resources serve as a basis for a development model that does not benefit them, which is not very different from the colonial system that existed two or three centuries ago.

So stated the Special Rapporteur of the United Nations on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz, who stressed that although the scheme is practically the same on a global scale, the indigenous communities of Mexico face a climate of violence and impunity even greater than that which exists in other regions.

After concluding her visit to Mexico, from November 8 to 17, in which she toured the states of Chiapas, Guerrero and Chihuahua, the consultant and activist of indigenous Filipino origin spoke with La Jornada about her findings and concerns, as well as about the way in which she believes that governments can repay the historical debt they have with the original communities.

-How do megaprojects affect Indigenous Peoples?

"The indigenous communities are rich in natural resources, such as forests, minerals or biodiversity, and governments see these resources as the basis of national economic development. So they go to the communities and extract what is there, but they do not help people to live in the way that seems right to them. They only leave the environmental destruction generated by the mines and the extraction of gas and oil, but without rehabilitating their lands and waters.

Of course, indigenous peoples want at least to be consulted and there must be a negotiation. Yet when they resist, that is where the violence occurs, because the military or the security guards of the companies treat them in the worst way and even displace them from their lands without receiving compensation or a decent place where they can be relocated.

If the authorities would listen, they would know that indigenous peoples are not against development, they just want to make sure that development brings them benefits, that they can protect their lands and territories, and continue to practice their traditional cultures."

- How would you describe what happens in Mexico, compared to what happens in other countries?

"In many ways, what happens here is similar to what happens in many countries that I have visited, in terms of the situation of Indigenous Peoples. What is quite unique are the high levels of impunity, as in the cases of massacres of which I have heard and which occur very frequently. That's something I have not seen in other countries.

The government admits that there are between 98 and 99 percent impunity, which tells me that the issue of impunity in Mexico disproportionately affects the Indigenous Peoples, because it is they who defend their lands and oppose the projects that the government considers priorities; so it is logical to conclude that it is they who are being imprisoned and criminalized."

-Do the Indigenous Peoples continue to face schemes of colonialism?

"Clearly! The Pueblos Originarios of Mexico continue to face a lot of the colonial system because the thinking of the people who are in power is only to extract their resources, occupy their lands and get everything they can from them, and this is a form of internal colonialism, if not external."

- So is it basically the same as what happened two or three centuries ago?

"Yes, basically I think so, because the colonizers who wanted to extract everything and get rich are the same as the present elites, the rich who do business in the private sector, extract what they can from the communities without their consent and give nothing in return."

- What do you think about the difference between what is stated in the laws in Mexico and their application in reality?

"Mexico was international leader for the approval of the United Nations Declaration on the Rights of Indigenous Peoples, and that is very good, but the fact that this is not reflected in the country is worrisome. There should be a special law that recognizes indigenous people as subjects of public law.

-How should the historical debt to the Indigenous Peoples be repaid?

"First of all, there must be acceptance that there is in reality a historical debt, and that acceptance may come in the form of an apology, an acknowledgment of the wrongs that have been committed, so that then there may be a dialogue with the Indigenous Peoples. It must be accepted that the current development model is the root of the conflicts, because the inequity of resources, power and wealth which prevails in many countries and this has to be confronted, even if that means less wealth and power for those who have always possessed them."

TRANSLATION: TONATIERRA
 

Links:

End of mission Statement by the Special Rapporteur on the Rights of Indigenous Peoples on her mission to Mexico

*************
 Letter from Emiliano Zapata to Woodrow Wilson,
President of the United Sates
General Headquarters of Yautepec, Morelos August 23, 1914



In this manner, aided by the complicity of the courts and even worse acts of the sort, such as false imprisonment or forced consignment into the military, the small landholders are robbed, and the great land barons have become sole owners of the entire country.  The Indigenous Peoples now disposed of their lands, have been forced to work on plantations for low wages and are forced to endure the extreme mistreatment of the landowners and their stewards or overseers, many of whom, being Spanish or the children of Spanish parents, consider that they are entitled to conduct themselves as if they live at the time of Hernán Cortés, in other words as if they were still the conquerors and masters, and that we the "peons" were mere slaves, subject to the brutal law of conquest.

 

COP23 Bonn: Local communities and indigenous peoples platform

United Nations 

Framework Convention on Climate Change 
Conference of the Parties 23
Bonn, Gemany 
November 6-17, 2017

FCCC/SBSTA/2017/L.29 

Subsidiary Body for Scientific and Technological Advice 

Forty-seventh session Bonn, 6–15 November 2017
Agenda item 13 

Local communities and indigenous peoples platform

Draft conclusions proposed by the Chair

Recommendation of the Subsidiary Body for Scientific and Technological Advice 

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The Subsidiary Body for Scientific and Technological Advice, at its forty-seventh session, recommended the following draft decision for consideration and adoption by the Conference of the Parties at its twenty-third session:

Draft decision -/CP.23 

Local communities and indigenous peoples platform 

The Conference of the Parties,

Recalling the United Nations Declaration on the Rights of Indigenous Peoples, decision 1/CP.21 and the Paris Agreement,

Acknowledging that Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on the rights of indigenous peoples and local communities,

Emphasizing the role of local communities and indigenous peoples in achieving the targets and goals set in the Convention, the Paris Agreement and the 2030 Agenda for Sustainable Development, and recognizing their vulnerability to climate change,

Reaffirming the need to strengthen the knowledge, technologies, practices and efforts of local communities and indigenous peoples related to addressing and responding to climate change, and the importance of the platform established for the exchange of experience and sharing of best practices on mitigation and adaptation in a holistic and integrated manner,

1.         Notes with appreciation the submissions from Parties,1 indigenous peoples organizations and other relevant organizations2 on the purpose, content and structure of the local communities and indigenous peoples platform (hereinafter referred to as the  platform);

2.         Acknowledges the fruitful exchange of views during the open multi-stakeholder dialogue that was convened by the Chair of the Subsidiary Body for Scientific and Technological Advice and co-moderated with a representative of indigenous peoples organizations during the forty-sixth session of the Subsidiary Body for Scientific and Technological Advice, on 16 and 17 May 2017;3

3.         Notes with appreciation the support provided by Belgium and New Zealand for the participation of representatives of indigenous peoples organizations in the multi- stakeholder dialogue referred to in paragraph 2 above;

4.         Welcomes the report on the proposals on the operationalization of the platform based on the open multi-stakeholder dialogue referred to in paragraph 2 above and the submissions received;4

5.         Decides that the overall purpose of the platform will be to strengthen the knowledge, technologies, practices and efforts of local communities and indigenous peoples related to addressing and responding to climate change, to facilitate the exchange of experience and the sharing of best practices and lessons learned on mitigation and adaptation in a holistic and integrated manner and to enhance the engagement of local communities and indigenous peoples in the UNFCCC process;

6.         Also decides that the platform will deliver the following functions:

(a)       Knowledge: the platform should promote the exchange of experience and best practices aiming at applying, strengthening, protecting and preserving traditional knowledge, knowledge of indigenous peoples, and local knowledge systems as well as technologies, practices and efforts of local communities and indigenous peoples related to addressing and responding to climate change, taking into account the free, prior and informed consent of the holders of such knowledge, innovations and practices;

(b)       Capacity for engagement: the platform should build the capacities of indigenous peoples and local communities to enable their engagement in the UNFCCC process. The platform should also build the capacities of Parties and other relevant stakeholders to engage with the platform and with local communities and indigenous peoples, including in the context of the implementation of the Paris Agreement and other climate change related processes;

(c)        Climate change policies and actions: the platform should facilitate the integration of diverse knowledge systems, practices and innovations in designing and implementing international and national actions, programmes and policies in a manner that respects and promotes the rights and interests of local communities and indigenous peoples. The platform should facilitate stronger and more ambitious climate action by indigenous peoples and local communities that could contribute to the achievement of the nationally determined contributions of the Parties concerned;

7.         Further decides to continue to work towards the full operationalization of the platform;

8.         Recommends that the processes under the platform, including its operationalization, take into account, inter alia, the interests and views of local communities and indigenous peoples, as well as the principles proposed by indigenous peoples organizations of full and effective participation of indigenous peoples; equal status of indigenous peoples and Parties, including in leadership roles; self-selection of indigenous peoples representatives in accordance with indigenous peoples’ own procedures; and adequate funding from the secretariat and voluntary contributions to enable the functions referred to in paragraph 6 above;

9.         Decides that the first activity of the platform will be a multi-stakeholder workshop on implementing the functions referred to in paragraph 6 above, which would be co- moderated by the Chair of the Subsidiary Body for Scientific and Technological Advice  and a representative of local communities and indigenous peoples organizations, and that these co-moderators would make an equal contribution to the design of the workshop;

10.       Requests the Subsidiary Body for Scientific and Technological Advice to consider at its forty-eighth session (April–May 2018) the further operationalization of the platform, including the establishment of a facilitative working group, which would not be a negotiating body under the Convention, and the modalities for the development of a workplan for the full implementation of the functions referred to in paragraph 6 above, with balanced representation of local communities and indigenous peoples and Parties, and to conclude its considerations by making recommendations to the Conference of the Parties at its twenty-fourth session (December 2018);

11.       Takes note of the estimated budgetary implications of the activities to be undertaken by the secretariat referred to in paragraph 9 above;

12.       Requests that the actions of the secretariat called for in this decision be undertaken subject to the availability of financial resources.

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1 Available at http://www4.unfccc.int/submissions/SitePages/sessions.aspx?showOnlyCurrentCalls=1&themes=Ada ptation&expectedsubmissionfrom=Parties&focalBodies=SBSTA.

2 Available at http://unfccc.int/documentation/submissions_from_non-

party_stakeholders/items/7482.php.

3 See http://unfccc.int/10151.

4 FCCC/SBSTA/2017/6.

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