Friday, February 2, 2018

TONATIERRA: Communique and Demand to President Enrique Peña Nieto, Mexico


TONATIERRA

Community Development Institute
PO Box 24009
Phoenix, AZ   85074
www.tonatierra.org


January 26, 2018


Sr. Presidente Enrique Peña Nieto, Mexico
Residencia Oficial de los Pinos
Casa Miguel Alemán
Col. San Miguel Chapultepec,
C.P. 11850 Ciudad de México
Fax: (+52) 55 5093 4901
Correo: enrique.penanieto@presidencia.gob.mx
Twitter: @PresidenciaMX

Members of Congress of the Union, Senators and Representatives - Mexico
Minister of External Affairs of Mexico

Señor Presidente:

It is with growing concern with which we hear of developments in Mexico that give testimony to the degradation of the Territorial Rights and Human Rights of Indigenous Peoples of the country.  We are aware that ever since the adoption of the principle of “Original Property of the Nation” in the Mexican Constitution of 1917 that the “nefarious” principles of the Doctrine of Discovery and the Papal Bulls of Pope Alexander VIInter Caetera” have served to legitimize the usurpation of the territorial rights of the Indigenous Peoples of Mexico under the cultural, political, economic, and legal superstructures of the Spanish invaders who brutally attempted to dominate and colonize Mexico directly for 300 years, until independence in 1821.

As Emiliano Zapata stated in his letter to US President Woodrow Wilson in 1914:

“So it is that the landowners, by dispossession upon dispossession, today with this pretext, tomorrow with another, have been absorbing all properties that rightfully belong to and from time immemorial have belonged to the Indigenous Peoples, lands from whose livelihood and culture the Indigenous Peoples have drawn sustenance for themselves and their families.

To realize this extortion, the land barons have used legislation which has been elaborated under their influence that has allowed them to take over vast tracts of land, with the pretext that these lands are idle, or not protected by legally correct titles.

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.”

Señor Presidente,

The same principles of the Doctrine of Discovery of Christendom were established as fundamental to the jurisprudence of the US legal system in the US Supreme Court decision Johnson v. M’Intosh in 1823, the same year in which the Monroe Doctrine was proclaimed.  It is the Monroe Doctrine, which basically extrapolates the Doctrine of Discovery of Christendom to assign to the economic and military command structure of the North American corporate empire headquartered in Washington, DC the same rights of geopolitical domination in this continent that previously was assigned to the Royal Families of Europe under the Doctrine of Discovery. By 1845, the Doctrine of Discovery had morphed and merged with the pathology of Anglo-American “White Supremacy” into the Doctrine of Manifest Destiny, and the war on the nascent Republic of Mexico was given a racist ideology of justification.


In the case of Canada, the original version of the Doctrine of Discovery remains intact and undisturbed, set in policy and law derived from the Royal Proclamation of 1763 by the Crown of England under which still until today the government of Canada purports to claim jurisdiction over the Original Nations of that northern region of the territories of the Great Turtle Island Abya Yala [Americas].

The Royal Proclamation of 1763 is contextualized historically by the Treaty of Paris 1763 between the of Great Britain, France, Spain, and Portugal which set the framework for territorial relations among the emerging North American Settler States (including Canada) as derivative polities of the colonial Doctrine of Discovery.

Colonization was proclaimed as a violation of International law by UN General Assembly Resolution 1514 (1960) which states: “All Peoples have the Right to Self Determination”.

In 2007, barely ten years ago, with the proclamation of the United Nations Declaration on the Rights of Indigenous Peoples the internationally recognized right of Self Determination was affirmed as Equally Inherent to the Universal Human Rights of Indigenous Peoples, by the acknowledgment of the principle of equality: “Indigenous Peoples, equal to all other peoples….”

We bring these points forward in order to clarify the historical and legal context of the issues in conflict between the Original Nations of Indigenous Peoples and the American States who claim status internationally on this continent based upon being successor states to the legaloid principles of the Doctrine of Discovery, particularly in the present context of the secret negotiations now taking place between the Canada-US-Mexico in terms of the North American Free Trade Agreement (1994).



In 2010, the United Nations Permanent Forum on Indigenous Issues, presented a preliminary study on this issue:

“This preliminary study establishes that the Doctrine of Discovery has been institutionalized in law and policy, on national and international levels, and lies at the root of the violations of Indigenous Peoples’ human rights, both individual and collective. This has resulted in State claims to and the mass appropriation of the lands, territories and resources of indigenous peoples. Both the Doctrine of Discovery and a holistic structure that we term the Framework of Dominance have resulted in centuries of virtually unlimited resource extraction from the traditional territories of indigenous peoples. This, in turn, has resulted in the dispossession and impoverishment of indigenous peoples, and the host of problems that they face today on a daily basis.

The United Nations Declaration on the Rights of Indigenous Peoples (General Assembly resolution 61/295, annex) is the product of efforts spanning three decades. The Declaration addresses human rights grievances and other concerns that indigenous peoples’ representatives have brought to the international arena since the early 1900s, during the days of the League of Nations. The adoption of the Declaration presents the opportunity to clearly identify what lies at the root of those grievances and concerns, namely, the historic tendency of State actors to assert a sovereign dominant authority over indigenous peoples, based on claims to and assertions of ultimate or superior title to indigenous peoples’ lands, territories and resources. This paper demonstrates that the Doctrine of Discovery lies at the root of such claims and assertions of dominance by States.
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Lamenting the enduring manifestations of the “Doctrine of Discovery” and other morally condemnable, socially unjust and racist policies used for centuries by colonizers as legal justification to disenfranchise indigenous peoples and seize their lands, the Permanent Forum on Indigenous Issues today urged the rejection of such “nefarious” dogmas, and encouraged measures that would redefine relations between native and aboriginal peoples and the State based on justice.”

Subsequently, in 2012 during its eleventh session, the UN Permanent Forum on Indigenous Issues made the following recommendations:

“1. The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources.

2.  The ongoing manifestations of such doctrines are evident in indigenous communities, including in the areas of: health; psychological and social well-being; denial of rights and titles to land, resources and medicines; conceptual and behavioural forms of violence against indigenous women; youth suicide; and the hopelessness that many indigenous peoples experience, in particular indigenous youth.

3.  Another ongoing manifestation of dispossession doctrines is the concept of extinguishment, found in the regulations, policies and court decisions in which States have purportedly “extinguished” the rights of indigenous peoples to their lands, territories and resources, their right to self-determination, their languages, religions and even their identities and existence through the notion of “recognition”, that is by recognizing some and not recognizing others as indigenous. “Extinguishment”, in the context of indigenous peoples’ rights to lands, territories and resources is inconsistent with the contemporary understanding in international law, specifically the peremptory norm of the absolute prohibition against racial discrimination. No other peoples in the world are pressured to have their rights “extinguished”.”

Sr. Presidente,

In January of 1994 the Indigenous Peoples Alliance realized an International Solidarity Delegation to Chiapas, Mexico and produced a report which included a letter to then president Salinas de Gotari.  One specific concern in this letter of January 4, 1994 by TONATIERRA to the President of the Mexican Republic stated:

“It must be mentioned as well that the proposals for a NAFTA trade corridor that would traverse the territories of the Tohono O’odham Nation in the region of Sonora/Arizona were never submitted for consideration by the Tohono O’odham Peoples who would be most affected.

We take this opportunity to express our concern regarding the unilateral action which you have taken regarding the recognition of indigenous codices as valid documentation for the protection of aboriginal land titles in Mexico.  It is our understanding that under the law of agrarian reform, these indigenous documents were admitted as valid and enforceable until your office issued a presidential decree in 1992 unilaterally abrogating this indigenous land right to primordial titles.  This development cannot but be seen as another deliberate effort to undermine the land base of the aboriginal sovereignties of Mexico, and an element of the instability in Chiapas.”

The unilateral abrogation, denial, and violation of the Inherent Human Rights of the Indigenous Peoples of Mexico by the executive actions of president Gotari in 1992, are violations in particular of the collective territorial rights of Indigenous Peoples based upon our responsibilities as Original Nations, defenders of the Territorial Integrity of Mother Earth.



This was the case in 1992, it was the case in 1492. It was the case in 1994, when the North American Free Trade Agreement (NAFTA) came into effect, but as of September 13, 2007 with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the continuation of these policies and practices must be denounced internationally as violations of the modern principles and standards of International Law.

The unilateral acts of executive action of Mexican president Salinas de Gotari in 1992, were yet another extension of the cruel regimes of expropriation and exploitation of the territories, natural resources, and labor of the Indigenous Peoples of Mexico that began in with the Doctrine of Discovery of 1492, which were denounced by Emiliano Zapata in his letter to President Wilson in 1914.  Extended over the centuries via the Requirement (1513), the Viceroyalties of New Spain, the Enconmiendas, the Haciendas, the Reductions, the Land Grants to the Catholic Church by the Crown of Spain, by 1994 the time had come to “modernize”.

Thus, the North American Free Trade Agreement NAFTA, and then the attempt to extend the neoliberal policies of NAFTA continentally via the failed Free Trade Agreement of the Americas (FTAA).  But “modernization” is the still the theme of the day according to the Trumpiavellian politics of the present government in Washington.



Just as Salinas de Gotari did in Mexico in 1992, US President Donald Trump flexed the executive power of a unilateral edict in 2017, granting fast tract permitting to the Dakota Access Pipeline in violation of US civil rights, in violation of environmental protection statutes, and in blatant international aggression against the Oceti Sakowin Seven Council Fires of the Great Sioux Nation, with whom the US government has standing International Treaties that recognize the territorial jurisdiction of the Oceti Sakowin over their Traditional and Sacred Treaty Territories.

And now the fight at Bears Ears and Escalante in Utah where these National Monuments have been reduced in protective status to allow the invasion of fossil fuel corporations and extractive industries, once again in no regard for Civil Rights, Human Rights, Indigenous Rights, or Treaty Rights.

The state of Utah is one of the fifty recognized states of the union of the United States of America. It’s existence and adoption into the federal system as a state was preceded by cession from the Republic of Mexico in 1848 under the terms of the Treaty of Guadalupe Hidalgo.  The Treaty of Guadalupe Hidalgo is a peace treaty.

As Original Nations of Indigenous Peoples living in the territories north of the border established by the two signatory governments of Mexico-US to the Treaty of Guadalupe Hidalgo, we reaffirm our commitment to maintain the peace, the same quest for peace that was at the heart of the San Andres Accords, and the same peace that can only be realized on earth if we are at peace with Mother Earth.



Sr. Presidente;

In May of 2017, in San Cristobal de la Casas Chiapas the National Indigenous Congress of Mexico convened a gathering that resulted in the founding of the Indigenous Governing Council of Mexico, the CIG.  The Indigenous Governing Council (CIG) then appointed Maria de Patricio Martinez, of the Nahua Nation as their national spokeswoman, and immediately nominated her as a candidate for the 2018 presidential elections.

One of the strongest elements of representation in the CIG is the Purépecha Peoples of Cherán, Michoacán.  The Indigenous Purépecha community of Cherán is the only municipality in Mexico where there are no elections, as its inhabitants chose their authorities and their Council, in accord with their Indigenous Customs and Traditions.

On January 18, 2018 the 32-year-old social activist of this indigenous community, María Guadalupe Campanur, was found dead.  Her body was found in a state of putrefaction and with a knife wound in the neck, on the road to Carapan-Uruapan.

On January 21, 2018 in the same state of Michoacán Mexico, the Caravan For Life being led by Maria de Jesus Patricio Martinez was attacked and the independent media journalists covering the Caravan for Life were threatened and robbed of their equipment.

The attack on Maria de Jesus (MariChuy for us Indigenous Peoples of Mexico) as the spokeswoman for the Indigenous Governing Council (CIG) Mexico, came she is engaged in the Mexican presidential elections as a candidate nominated NOT BY ANY POLITICAL PARTY, but instead by the surviving Indigenous Nations themselves via the National Indigenous Congress (Congreso Nacional Indígena) as a collective political movement of national Indigenous Self Determination.

During the Tour for Life, MariChuy spoke out against the murder of María Guadalupe Campanur T. of Cherán. She refused to stay silent. She refused to accept the murder of yet another (5 in Michoacán just this year) Indigenous Woman, another victim of the narco-state in Mexico.

The attack on the Caravan for Life on January 21 in Michoacán cannot go unchallenged, it cannot be allowed to be normalized or sanitized by the mass media and even worse, we cannot allow the complacency and complicity of "Silence Gives Consent" to be the policy of pathology that has resulted in so many, too many, many times too many MISSING AND MURDERED INDIGENOUS WOMEN across the centuries of CONTINENTAL genocide and colonization here our homelands of the Great Turtle Island Abya Yala.

In light of the above and in consideration of the current critical situation facing our relatives of the Original Nations of Indigenous Peoples in Mexico:

Communique and Demand to President Enrique Peña Nieto, México
January 26, 2018
WE DEMAND

1)    Accountability for the murder of María Guadalupe Campanur and the attack on MariChuy and the Caravan for Life in Michoacán;

2)    Guarantees of Protection for the Indigenous Governing Council (CIG) Mexico, and their spokeswoman Maria de Jesus Patricio Martinez;

3)    Protection for the Right of Mobility and Free Expression, and Access to Justice for the Indigenous Peoples of Mexico;

4)    Recognition, respect, and guarantees of protection for the Right of Self Determination of Indigenous Peoples of Mexico, including the right of Self Government in accord with their customs and traditional such as being exercised by the Purépecha Pueblo of Cherán;

5)    January 26, 2018 also marks 40 months since the Forced Disappearance of the 43 Ayotzinapa Students in Iguala, Guerrero. The issues of complicity of the Mexican military apparatus in conjunction with the federal, state, and local levels of government and police operating in criminal collusion with narco-cartels tied to the heroine drug trade in Chicago and Atlanta, USA have yet to be clarified and brought to justice.  Instead the government of President Enrique Peña Nieto continues to cover up the violent assault on the 43 students on the night of September 26, 2014.  We demand international accountability, a diligent, professional and impartial investigation, punishment for the guilty parties as well as support and protection for the families of the 43 Ayotzinapa students.

6)    We call for the Mexican federal government to take responsibility for the current political violence in Oxchuc, Chiapas, being that although the Electoral Tribunal of the State Chiapas ordered the Institute of Electoral and Citizen Participation of Chiapas (IEPC), through TEECH / JDC / 19/2017, to proceed to recognize the right of the people of Oxchuc to choose to their municipal authorities, through their own customary regulatory systems as an Indigenous Pueblo, without the presence of political parties, to date the IEPC has ignored that mandate of the Court.  This omission, opened the door for political parties to intervene in the municipality, and foment the current wave of violence.  On January 24, an armed group attacked the local population and left 3 people killed, 18 injured and 3 people seriously hospitalized.  We join in the demand by the Tseltal of Oxchuc that the IEPC execute the judgment of the Court and that the government of the state collaborate in good faith. The present wave of political violence must be investigated and the aggressors punished.

7)    We demand full recognition, respect, and guarantees for the right of Free, Prior, and Informed Consent of Indigenous Peoples in Equality as Peoples, with equality in right of Self Determination to all other peoples, in particular as may being negotiated presently in terms of the “modernization” of the North American Free Trade Agreement (NAFTA) between the government of Canada-US-Mexico.

###


The Law of Exceptions
NAFTA and the UN Declaration on the Rights of Indigenous Peoples
Open Letter to the Ministers of State and the Public Societies of Canada-US-Mexico

CONCLUSION


  We call upon the ministers of government at all levels of Canada-US-Mexico and the public constituencies of their respective societies to address without prejudice or discrimination the above clarifications. We assert that these clarifications command rectification of the crime of colonialism and a moratorium on all NAFTA economic development projects impacting the territories of the Nations and Pueblos of Indigenous Peoples until the right of Free, Prior and Informed Consent of the Indigenous Peoples is fully recognized, respected, and protected in the spirit of the UN Declaration on the Rights of Indigenous Peoples, as follows:

“Affirming that Indigenous Peoples
are equal to all other peoples,…..”




United Nations

Preliminary Study on the Impact of the Doctrine of Discovery

"This preliminary study establishes that the Doctrine of Discovery has been institutionalized in law and policy, on national and international levels, and lies at the root of the violations of indigenous peoples’ human rights, both individual and collective. This has resulted in State claims to and the mass appropriation of the lands, territories and resources of indigenous peoples. Both the Doctrine of Discovery and a holistic structure that we term the Framework of Dominance have resulted in centuries of virtually unlimited resource extraction from the traditional territories of indigenous peoples. This, in turn, has resulted in the dispossession and impoverishment of indigenous peoples, and the host of problems that they face today on a daily basis."



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