UN CERD Expresses Concern over US-Texas Border Wall Discriminatory Impact on Indigenous Peoples

Press Release – For Immediate Release

UN CERD Expresses Concern over US-Texas Border Wall Discriminatory Impact on Indigenous Peoples;

Addresses US Government and Need to Comply with Convention on Elimination of All Forms of Racial Discrimination

Brownsville, Texas – March 25, 2013 – The U.N. Committee on the Elimination of Racial Discrimination (CERD), Early Warning and Urgent Action Procedures has expressed “concern regarding the potentially discriminatory impact that the construction of a border wall might have on the Kikapoo, Ysleta del Sur Pueblo and Lipan Apache indigenous communities,” in response to a petition from the Texas-Mexico Border Wall region which was under review during it’s 82nd session.

In a letter March 1, 2013 to Betty E. King, U.S. Permanent Ambassador to the United Nations, UN CERD Chair Alexei Avtonomov stated, “In particular, the Committee is concerned by the situation of the Lipan Apache, a tribe which reportedly remains Federally unrecognized, given the information received that the construction of the wall through its land has allegedly damaged ancestral burial sites, reduced the tribe’s access to elders and other knowledge keepers, led to severe decline in biodiversity, and may lead to the disappearance of the tribal identity altogether as the community may be forced to leave the land.

“Moreover, the Committee is concerned that... the border wall has been constructed without the free, prior and informed consent of the affected communities, and that no effective judicial remedies or compensation have been provided to date.” The letter continues on to request that the U.S. provides updated and detailed information with regard to the impact of the Texas-Mexico border wall on the rights of indigenous communities, and any measures envisaged to reverse the negative impact of the construction of the the border wall.

Says petition co-author Dr. Margo Tamez, citizen of the Lipan Apache Band of Texas, and Faculty of Indigenous Studies at the University of British Columbia Okanagan, “As an Indigenous scholar working on this effort to raise critical awareness, and as a first-hand witness to the suffering of Indigenous elders, families and communities in the path of the border wall, the CERD's request to the U.S. government is an affirmation of the importance of Indigenous peoples' efforts to promote paths and transitional spaces of inquiry for truth and justice. Meaningful partnerships of trust and respect are crucial in order for this process to address Indigenous peoples' core concerns and to halt the inter-generational harms they have endured.”

Petition co-author Ariel Dulitzky, Clinical Professor at the University of Texas School of Law, and Director of the Human Rights Clinic of the University of Texas at Austin, says, “CERD has made a clear demand for proper consultation and consideration of the indigenous communities in the border area. We call upon the U.S. Government to pay close attention to CERD’s request in terms of reversing the negative impact of the border wall and securing the rights of indigenous peoples to access their lands, resources and holy sites, to be properly consulted, and to receive compensation.”

A statement issued by Daniel Romero, General Council Chairman for the The Lipan Apache Band of Texas (Ndé) states, “We ask that the Obama Administration and Congress to incorporate CERD’s demands for proper consultation and consideration of the indigenous peoples and communities of the borderlands region. We request that the U.S. Government be inclusive of Ndés’ request in current immigration reform and proposal of the border lands policies that have negatively influenced the Ndé way of life.”

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Lipan Apache Women Defense http://lipancommunitydefense.wordpress.com/

Lipan Apache Band of Texas http://www.lipanapachebandoftexas.com/
Spanish

 

Comunicado de prensa - Para publicación inmediata

 

Comité para la Eliminación de la Discriminación Racial (CERD) de las Naciones Unidas expresa preocupación por el impacto discriminatorio del muro fronterizo de Estados Unidos-Texas sobre los Pueblos Indígenas de esa region.

 

El Gobierno de los Estados Unidos deberá cumplir con el Convenio sobre la Eliminación de todas las Formas de Discriminación Racial

 

Brownsville, Texas - 25 de marzo de 2013 - El Comité para la Eliminación de la Discriminación Racial (CERD) de las Naciones Unidas, Alerta Temprana y Procedimientos de Acción Urgente ha expresado su "preocupación por el impacto potencialmente discriminatorio que la construcción del muro fronterizo podría tener en las comunidades indígenas Kikapoo, Ysleta del Sur Pueblo y Lipan Apache ", en respuesta a una petición de la región del muro entre Texas-Mexico que fue objeto de examen en su 82 ª reunión.

 

En una carta el 01 de marzo 2013 a Betty E. King, Embajadora Permanente de EE.UU. ante las Naciones Unidas, ONU CERD Presidente Alexei Avtonomov declaró: "En particular, el Comité está preocupado por la situación de los Lipa Apache, una tribu que al parecer sigue siendo no reconocida por el gobierno federal, dada la información recibida de que la construcción del muro a través de su tierras ancestrales aparentemente a destruido lugares ancestrales de entierro, a reducido el acceso de la tribu a sus ancianos y cuidadores de conocimiento, y a encaminado a la disminución severa en la biodiversidad, y pude llevar a la desaparición de una identidad tribal como una comunidad que puede ser sujeta abandonar sus tierras.

 

"Además, al Comité le preocupa que ... el muro se ha construido sin el consentimiento libre, previo e informado de las comunidades afectadas, y que no existen recursos judiciales efectivos o compensación se han proporcionado hasta la fecha.” La carta continúa peticiona que los EE.UU. proporcione información actualizada y detallada en lo que respecta al impacto del muro fronterizo entre Texas y México sobre los derechos de las comunidades indígenas, y todas las medidas previstas para revertir el impacto negativo de la construcción del muro de la frontera.

 

Dice la Dr. Margo Tamez, co-autora de la petición, ciudadana de la Banda de Lipan Apache de Texas, y Facultad de Estudios Indígenas de la Universidad de British Columbia Okanagan, "Como académica indígena trabajando en este esfuerzo por crear conciencia crítica, y como testigo a primera mano del sufrimiento de los ancianos, las familias y las comunidades en el camino del muro fronterizo, la petición del CERD ante el gobierno de los EE.UU. es una afirmación de la importancia de los esfuerzos de los pueblos indígenas en promover los espacios de transición para la investigación de la verdad y justicia. La creación de redes significativas que creen confianza y respeto son fundamentales para que este proceso pueda abordar las preocupaciones fundamentales de los pueblos indígenas y para detener los daños intergeneracionales que se han sufrido. "

 

Petición co-autor Ariel Dulitzky, Profesor Clínico de la Universidad de Texas Escuela de Derecho, y Director de la Clínica de Derechos Humanos de la Universidad de Texas en Austin, dice: "El Comité ha hecho una clara demanda de consulta y consideración de las comunidades indígenas de la zona fronteriza. Hacemos un llamamiento al Gobierno de EE.UU. que preste mucha atención a la solicitud de CERD en términos de revertir el impacto negativo del muro fronterizo y así asegurar los derechos de los pueblos indígenas al acceder sus tierras, recursos y sitios sagrados, para ser debidamente consultado y recibir una compensación . "

 

Un comunicado emitido por Daniel Romero, Presidente del Consejo General de la Banda Lipan Apache de Texas (Ndé), dice: "Pedimos que el gobierno de Obama y el Congreso pudea incorporar las demandas de CERD sobre consulta y consideración de los pueblos indígenas y las comunidades de la zona fronteriza región. Pedimos que el gobierno de EE.UU. incluya a solicitud de Ndés las en la reforma de la inmigración actual y propuesta de las políticas de tierras fronterizas que han influido negativamente la forma de vida Ndé."

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Lipan Apache Defensa de la Mujer http://lipancommunitydefense.wordpress.com/

Lipan Apache Band de http://www.lipanapachebandoftexas.com/ de Texas

Walling Off Our Southern Deserts

by Scott Nicol

Over 660 miles of border wall have been built along the U.S.-Mexico border, slicing through the deserts of California and Arizona on its route from the Pacific Ocean to the Gulf of Mexico. The wall’s path takes it through some of our nation’s most fragile and biologically diverse protected lands. Border wall construction has involved dynamiting mountains and damming rivers, the disruption of migration corridors and the destruction of endangered species habitat.

Border wall on the beach between San Diego and Tijuana.

In 2004 the California Coastal Commission determined that border walls south of San Diego would have a devastating impact on the Tijuana Estuary, in violation of the Coastal Zone Management Act. Environmental groups, including the Sierra Club, sued to stop the Border Patrol’s plan to plug several canyons in order to create a level path for the border wall. The court found that the Border Patrol was in violation of federal environmental laws, and construction ground to a halt.

Rather than insist that Border Patrol obey our nation’s environmental laws, Congress passed the Real ID Act. Section 102 of the act was intended to overrule the objections of the California Coastal Commission and the Sierra Club by allowing the Secretary of Homeland Security to waive any law that border wall construction might otherwise violate. No one else, including the President, is granted this power. Former Homeland Secretary Chertoff used the Real ID Act five times, to set aside 36 federal laws and, “all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of” those laws. The waivers encompass the broad subjects of water, air, wildlife, and the environment, leaving few, if any, environmental laws in place.

Border wall through the Otay Mountain Wilderness Area.

A few miles east of the border wall’s start in the Pacific Ocean, the Otay Mountain Wilderness Area protects the last surviving stands of Tecate cypress, an ice age tree that survives by absorbing coastal moisture from the air. This tree in turn is the host plant for the rare Thorne’s hairstreak butterfly. When the Environmental Protection Agency (EPA) reviewed the plan to build border walls through the Otay Mountain Wilderness Area, they expressed concern that filling in canyons and waterways that feed the Tijuana River would violate the Clean Water Act. The Department of the Interior (DOI) warned that 6 endangered species would also be harmed by the wall.

San Diego Sector Border Patrol spokesman Richard Kite said of the Wilderness Area, "At the mountain range, you simply don't need a fence. It's such harsh terrain it's difficult to walk, let alone drive. There's no reason to disrupt the land when the land itself is a physical barrier."

By 2008, this logic no longer held sway at DHS and, ignoring the concerns of the EPA and DOI, the Department of Homeland Security (DHS) decided to “disrupt the land” of the Otay Mountain Wilderness Area with a border wall and a patrol road. The rugged terrain necessitated the blasting of 530,000 cubic yards of rock and extensive grading and leveling. Border wall construction caused tremendous erosion, and involved cutting down more than 100 Tecate cypress trees.

Because dynamiting mountains is clearly incompatible with a wilderness designation, Secretary Chertoff used the Real ID Act to waive the Otay Mountain Wilderness Act. He also swept aside the Clean Water Act and the Endangered Species Act. The Otay Mountain Wilderness Area now suffers from a barren scar and erosion that will bleed sediment into the Tijuana River for years to come.

Border wall through the Otay Mountain Wilderness Area.

Further east, Arizona’s San Pedro River is one of the last undammed, free-flowing rivers in the American Southwest. It anchors one of the most biologically diverse areas in the United States, at the convergence of four major ecosystems: the Sierra Madre and Rocky Mountains, and the Sonoran and Chihuahan Deserts. The San Pedro Riparian National Conservation Area was designated by the National Audubon Society as its first Globally Important Bird Area, and by the United Nations World Heritage Program as a World Heritage Natural Area.

When the DHS announced that it would put a wall across the San Pedro, the Sierra Club and Defenders of Wildlife sued. A federal court agreed that the federal government’s failure to fully assess the environmental impacts of the border wall violated the National Environmental Policy Act (NEPA), and ordered a temporary halt to construction. Rather than comply with NEPA, former DHS Secretary Chertoff used the Real ID Act to waive it. Border walls built in the San Pedro watershed are now causing erosion and damming that will permanently alter the riparian habitat.

The border wall’s impact on the flow of water in desert ecosystems was made clear in 2008, when the Organ Pipe Cactus National Monument received seasonal monsoon rains that resulted in the flooding of a number of washes that were blocked by the border wall. Grates built into the base of the wall to allow for the passage of water quickly choked with debris and sediment. The wall then acted as a dam, with water up to seven feet deep piling up behind it. Floodwaters then travelled laterally along the wall until they found an outlet at the Sonoyta port of entry, causing millions of dollars of damage to private businesses and government buildings there.

The border walls and patrol roads that slice through hundreds of miles of public and protected lands also fragment the habitats of a number of endangered species, including the Sonoran pronghorn, cactus ferruginous pygmy owl, and desert tortoise. Cut off from their usual range, populations may not have access to mates in other groups, a necessity for a genetically diverse, healthy population. Border walls also separate animals from food and water sources, leaving them especially vulnerable in times of drought. With the endangered species act waived, these threats to species’ survival have been largely ignored.

A mountain lion runs alongside the border wall.

The lands of the Tohono O'odham, whose name means “the desert people,” were once vast, extending from what is now Central Arizona down into Sonora, Mexico, and from the Gulf of California east to the San Pedro River. The international border splits their land, and the erection of the border wall has restricted their ability to visit family and sacred sites and to collect traditional foods and other materials.

Border wall construction has also unearthed Tohono O’odham graves. When the Secretary of Homeland Security waived Native American Grave Protection and Repatriation Act, the regulations that ensured respect for the Tohono O’odham’s ancestral remains and culture no longer applied to border wall construction.

Speaking before a U.S. House of Representatives hearing on the border wall, Tohono O’odham Chairman Ned Norris Jr. said, “… fragments of human remains were observed in the tire tracks of heavy construction equipment. Imagine a bulldozer parking in your family graveyard, turning up bones. This is our reality.”

DHS claims that border walls are actually good for the environment because border crossers leave litter, make foot paths, and, in the states that do not have a river for a border, drive off road vehicles through sensitive habitat. This assertion is based on a pair of false premises. The first is that border walls stop crossers. They do not. The Congressional Research Service found that border walls have “no discernible impact” on the number of undocumented immigrants who enter the United States each year. Instead, walls redirect many of those who seek to enter on foot, “funneling” them into more remote areas. This often means that their environmental impacts are concentrated in fragile desert ecosystems, rather than closer to walled off border towns. “Funneling” has contributed to the deaths of more than 5,600 crossers in the harsh Arizona desert.

The second false premise is that border walls and patrol roads are less damaging to ecosystems than border crossers. The border wall’s destructive impact is made obvious by the Department of Homeland Security’s need to “waive in their entirety” our nation’s most important environmental laws. The only reason for DHS to waive laws is that border walls violate them. Litter and migrant trails can be a problem for wildlife, but the blasting, bulldozing, habitat fragmentation, and large-scale erosion caused by border walls and roads are worse by magnitudes of scale.

Ignoring the useless and destructive nature of border walls, political hopefuls from Alaska to Kansas, Utah to Rhode Island, called for more walls in the run up to the mid-term elections. This is not just empty rhetoric that can be ignored. A number of amendments requiring the erection of hundreds of miles of new wall were introduced in the last Congress, and one, authored by Jim DeMint of South Carolina, passed in the Senate before being stripped in a House/Senate conference committee.

Representative Ciro Rodriguez, whose district already has border walls, blocked DeMint’s amendment. Rep. Rodriguez lost his reelection bid, and the U.S. House lurched to the right. Key committees that oversee immigration and homeland security will soon be chaired by Representatives who have long advocated further militarizing the border. DeMint and others will likely redouble their efforts to build more border walls, and their legislation will stand a much better chance of making it onto the President’s desk.

Instead of building more border walls, Congress should focus on mitigating the damage that has already been inflicted. It is also critically important that Congress repeal the Real ID Act’s waiver provision. The Real ID Act is not only a threat to border ecosystems should Congress require more walls, it also establishes the precedent that bedrock environmental laws such as the Endangered Species Act and Clean Water Act can be swept aside when obeying them would be inconvenient. For these reasons the Sierra Club and other environmental organizations oppose further border wall construction, and call upon Congress to repeal of section 102 of the Real ID Act.


This originally appeared in the Desert Report, a quarterly publication of the Sierra Club's California / Nevada Desert Committee: http://www.desertreport.org/wp-content/uploads/2010/12/DR_Winter2010.pdf

No Border Wall Announces a New Website

We are pleased to announce that the new No Border Wall website is up and running at

www.No-Border-Wall.com

This site is designed to be a comprehensive guide to the U.S.-Mexico border wall--its history, its ineffectiveness, types of wall designs, and the problems it has caused. There is also a geographical breakdown that details the damage walls have caused in specific regions. With loads of information and citation links to documents and newspaper articles embedded throughout, it is our hope that this site will become a point of entry into the issue for reporters, researchers, policy makers, and the general public.

The updated website comes at a particularly important time, with candidates for office as far from the border as Rhode Island running on border militarization. This often includes calls for more border walls, even double-layered walls from coast to coast, despite the tremendous financial, social, and environmental cost that this would inflict upon the United States. National policies of this magnitude must be based on facts, rather than misleading sound bites. That is why we have made every effort to ensure the accuracy of the information that is presented on the website.

Walkers Remember Migrants on Tohono O'odham Land

By Brenda Norrell

SAN XAVIER DISTRICT, TOHONO O'ODHAM NATION -- Walkers arrived at San Xavier District on the Tohono O'odham Nation on Saturday to remember the 183 migrants who died this past year in the Sonoran desert. Of those migrants, 108 were not identified. Nineteen could not be identified as male or female because so little of their remains were found. A large portion of those deaths were on Tohono O'odham land.

Walkers called out "Presente!" during the reading of the names at San Xavier, remembering those who died walking to a better life. The walk, organized by Derechos Humanos, was an 8-mile walk from Tucson, during temperatures that reached the mid 90s.

Although the elected leaders on the main section of the Tohono O'odham Nation, located to the west of here, have not welcomed humanitarian aid for migrants, the San Xavier District cohosted the Indigenous Peoples Border Summit of the Americas in 2006 and 2007. The border summits were cohosted by the International Indian Treaty Council and organized by Tohono O'odham Mike Flores.

Photos: Walkers arrive at San Xavier. Crosses carry the names of the migrants who died this past year. Photos Brenda Norrell. Please e-mail for reprint permission: brendanorrell@gmail.com

This originally appeared in Censored News: http://bsnorrell.blogspot.com/2008/11/walkers-remember-migrants-on-tohono.html

Rapoport Center Alleges that the Border Wall Violates Human Rights

A multi-disciplinary working group of faculty and students affiliated with the Rapoport Center for Human Rights and Justice at The University of Texas at Austin alleges that human rights are being violated by the United States through construction of the border wall. The working group submitted a series of briefing papers to the Inter-American Commission on Human Rights, an inter-governmental body of the Organization of American States composed of seven independent experts. The Commission’s mandate is to examine and monitor compliance by member States of the OAS, including the United States, with human rights obligations established in international law. Below is the full text of their letter. Their report on the human rights violations associated with the border wall is available at: http://www.utexas.edu/law/academics/centers/humanrights/publications/

August 27, 2008

Santiago A. Canton
Executive Secretary
Inter-American Commission on Human Rights
1889 "F" Street, N.W.
Washington, DC 20006
VIA FACSIMILE: (202) 458-3992

RE: Request for General Hearing on the Texas/Mexico Border Wall

Dear Secretary Canton:

I am writing to respectfully request that you schedule, during the 133rd period of sessions of the Inter-American Commission on Human Rights (the "Commission"), a general hearing on the human rights violations implicated in the construction by the United States of a border wall on the Texas/Mexico border. I am making this request in the name of the University of Texas Working Group on Human Rights and the Border Wall, a multi-disciplinary collective of faculty and students at the University of Texas at Austin, which has collaborated with individuals and communities affected by the border wall and Environmental Sciences faculty at the University of Texas at Brownsville, to highlight the human rights violations committed by the United States through planned construction of the wall. A list of working group members is attached to this request. The working group submitted a series of briefing papers to the Inter-American Commission on Human Rights in June 2008. Those papers can also be found at:
http://www.utexas.edu/law/academics/centers/humanrights/publications/

The working group now requests that the Commission urgently consider the matter of the Texas/Mexico border wall in a general hearing. Violations of human rights are already occurring as preparations are made for construction of the wall, and further serious violations are imminent as construction moves forward.

The United States Congress mandated construction of 670 miles of wall along the border between the United States and Mexico in the Secure Fence Act of 2006 and the Consolidated Appropriations Act for FY 2008 and further mandated that 370 miles of that wall be constructed by December 31, 2008. The Department of Homeland Security plans to fulfill this mandate by constructing hundreds of miles of wall along the Texas/Mexico border before the end of 2008.

The United States' plans for the wall have generated significant opposition and clamor for further consultation and deliberation, coming from within the United States and internationally. Many small landowners living along the river, who would see their properties divided in two by the wall, have struggled to defend themselves against the United States government's condemnation proceedings. A number of municipalities along the Texas/Mexico border have joined a class action suit against the United States government asserting that the United States failed to properly consult with individuals and communities affected by the wall or to negotiate fairly regarding the taking of land. Mexico has adopted a formal position against the wall as an affront to the climate of cooperation and joint responsibility that it believes should exist with the United States and has received support for this position from other Latin American countries. In 2006, the Mexican government presented a declaration against the wall at the Organization of American States that received the support of 27 other countries. Mexico also obtained a resolution at the Summit of the Americas urging the United States to reconsider its decision to build a wall. Other State entities, such as the Senate of Chile, have condemned the wall as well. Yet, the United States has not modified its plans to move forward with the wall, making this situation urgent.

The violations of human rights resulting from the border wall plans, which will be presented at the general hearing if granted, include:

Articles II and XXIII of the American Declaration on the Rights and Duties of Man ("American Declaration") guaranteeing equality before the law without distinction as to race, sex, language, creed or any other factor and guaranteeing the right to private property.

To build the wall, the United States is taking property that has been held by families for generations, in some cases dating back to Spanish and Mexican land grants from the 1700s and 1800s. Yet, the State is taking this property in an arbitrary and unjustified manner without properly considering other alternatives for controlling the border. The United States government has not explained why it is necessary to take property to build a border wall to meet the goals of impeding immigration and protecting national security. U.S. officials agree that the border wall will stop intending immigrants only for a matter of minutes and cannot point to national security breaches on the southern border of the United States. Nor has the U. S. government explained the rationale behind the placement of an intermittent fence in particular areas and not in others. The United States therefore cannot assert that the border wall, which violates property rights, is proportional and necessary to the goals it is said to meet.

In addition, the United States is treating property owners on the border unequally. Numerous small landowners will lose property to the wall while more lucrative developed properties and resorts are not included in the wall's path. A statistical analysis conducted by Professor Jeff Wilson of the working group demonstrates that the property owners impacted by the wall are poorer, more often Latino and less educated than those not impacted who also live along the border.

The wall will also negatively impact Native American communities, including individual landowners who are Lipan Apache and the federally recognized Kickapoo and Ysleta del Sur tribes that live and practice their traditional cultures and religions along the Texas/Mexico border. The InterAmerican system has repeatedly recognized the unique and vitally important rights to property and equal protection guaranteed to members of indigenous communities. Yet, the United States has not adequately considered the impact of the wall on indigenous communities in its construction plans.

Article IV of the American Declaration guaranteeing the right to freedom of investigation, opinion, expression and dissemination.

The United States has not acted with transparency regarding its plans to build the border wall. The United States has failed to provide specific information regarding the exact locations for the wall or to explain the rationale for those locations. It has been extremely difficult for anybody outside the United States government to determine even how much and what type ofwall is planned in which regions. In April 2008, the working group at the University of Texas filed requests under the Freedom of Information Act for documents and maps that would show the planned locations for the border wall and for records that might explain why the United States had decided to place the wall in certain areas rather than others as well as any information reflecting consideration given to the impact ofthe wall on Native American communities. As of this date, the United States government has failed to provide a single document or record, although federal law requires U.S. agencies to release information in response to a request under the Freedom of Information Act in a period of 20 days. The lack of transparency violates the right to freedom of investigation and dissemination. The paucity of information also makes it much more difficult to define the exact contours of other violations of rights, such as the right to property, since it is not even possible to identify all victims and impacts of the wall.

The lack of information also negatively affects the right of impacted individuals to be consulted and to express an opinion about the border wall. The "consultations" carried out by the United States have been characterized by this lack of transparency regarding critical information as well as by a lack of possibility for discussion of the relevant issues. Attendees at the handful of public meetings organized by United States government officials have consistently reported that private citizens had no opportunity to enter into any sort of dialogue or question-and-answer discussion with government officials regarding the border wall. Rather, participants listened to prepared statements by officials, which lacked detail, and then were told to record their comments in writing or online.

The lack of transparency and dialogue violates Article IV and has also made it impossible for the United States to comply with its obligation under the American Convention to ensure that no less restrictive alternatives to the wall exist and its obligation under International Labor Organization Convention No. 169 to consult with affected indigenous communities.

Articles V and XIII of the American Declaration protecting the right to private and family life and to culture.

The construction of a wall will irreparably damage a centuries-old culture in which families live and work on both sides of the Rio Grande River, which now constitutes the border between Texas and Mexico. The wall necessarily makes a powerful statement of separation of a community that has traditionally treated the border as a meeting point rather than a dividing line. The communities along the border have also always treated the Rio Grande River dividing Mexico and Texas and its wildlife as an important part of their culture. According to experts, the wall will cause severe environmental degradation of these cultural treasures.

In addition, the wall impacts indigenous culture in violation of the norms guaranteeing special protections to the traditions of Native Americans. For example, the United States government's own analyses recognize that the wall will impinge upon traditional ceremonies conducted by the Ysleta del Sur tribe along the banks of the Rio Grande River.

Article XVIII of the American Declaration guaranteeing the right to
judicial protection.

The possibilities for a court challenge to the taking of property and construction of the border wall are extremely limited. For example, federal law gives the Secretary of the Department of Homeland Security ("DHS") the authority to invoke the importance of border wall construction to overlook a long list of federal statutes that would normally apply to protect indigenous rights and the environment. DHS Secretary Michael Chertoff has exercised this authority and has waived all applicable environmental laws and several laws guaranteeing indigenous rights, such as the Native American Graves Protection and Repatriation Act (NAGPRA). Thus far, the Supreme Court of the United States has declined requests to analyze the constitutionality of the broad grant of authority to the Secretary of DHS to issue these waivers. The United States has thus stripped away, in relation to the border wall, judicial protection that it otherwise provides.

Similarly, the Consolidated Appropriations Act for FY 2008 requires consultation with property owners, Indian tribes and local governments regarding the impact of the wall. However, the same provision clarifies that the consultation mandate creates no enforceable rights. Property owners and members of indigenous communities affected by the wall face a blatant lack of judicial protection against actions of the United States affecting their land and culture. In addition, through its waivers of environmental laws, the United States has failed in its obligation to consider environmental harm and to take measures to limit likely damage. See IIA Comm. H.R., Report N° 40104, Case 12.053, Maya Indigenous Community (Belize), Annual Report of the Inter-American Commission on Human Rights 2004, para. 147.

Finally, the U.S. government is violating the right of indigenous communities to enforce treaties and agreements, as supported by Article 37 of the United Nations Declaration of the Rights of Indigenous Peoples.

The Native American tribes of Texas affected by the border wall are parties to various treaties, which guarantee protection of their civil and human rights. Yet, these rights have not been respected. In addition, by agreement with the United States government, at least one indigenous tribe in Texas -the Kickapoo-has been guaranteed the right to cross freely back and forth from Texas to Mexico, a right which will almost certainly be derogated or limited by the construction of a border wall.

If this hearing is granted, a member of the working group at the University of Texas will testify regarding our findings on the human rights impacts of the Texas/Mexico border wall as well as the difficulties the group has faced in obtaining information from the United States. In addition, we will present a detailed analysis of the equal protection violations revealed in the statistical study of the properties to be affected by the wall. We also expect to present to the Commission the testimony of an affected property owner of indigenous Lipan Apache heritage whose land along the Texas/Mexico border has been held in the family for several hundred years. If possible, we will present testimony from additional impacted individuals. Finally, we hope to also provide information regarding human rights analyses conducted from within Mexico regarding the effects of the border wall. We respectfully request that the Commission invite the United States to be represented at the hearing.

Thank you for your kind attention to this request for a hearing on the Texas/Mexico
border wall during the 133rd period of sessions of the Commission. Please do not hesitate to contact me if I may provide you with any further information regarding this request for a hearing or any other matter.

No Border Wall Endorses the People’s March to Stop the Wall

The No Border Wall Coalition strongly endorses the Border People’s March to Stop the Wall, currently underway on the Texas – Mexico border. Marchers will follow the route of the 57-mile segment of border wall that is being built from Ft. Hancock, Texas, to El Paso, Texas. Led by No Wall – Big Bend and the Border Ambassadors, they plan to highlight the tremendous human and environmental costs of the wall in west Texas and along the entire U.S. – Mexico border.

Marchers will set off from Fort Hancock today, and arrive in El Paso on Sunday, August 31. More information about the march and its route is available at the Border Ambassadors website - www.borderambassadors.com .

Of special concern along the marchers’ route is the impact of the border wall on Native American communities. Like the Tohono O’Odham farther west, the lands that the Ysleta del Sur Pueblo of the Tigua Nation calls home lie on both sides of what is now the international border. The Rio Grande is crucial not only for providing water in a harsh, dry environment, it is also integral to their religious practices. As the Rio Grande is walled off, the Tiguas have stated that they will be cut off from graves and sacred sites.

There are laws on the books, most notably the American Indian Religious Freedom Act and the Native American Graves Protection and Repatriation Act, that should prevent this assault on the Tiguas religion and culture. But section 102 of the Real ID Act allows Department of Homeland Security Secretary Chertoff to brush aside any law that might slow construction of the border wall. On April 1, 2008 he did just that, “waiving in their entirety” 36 federal laws including the American Indian Religious Freedom Act and the Native American Graves Protection and Repatriation Act.

The Tiguas are party to a challenge to the constitutionality of the Real ID Act’s waiver provision, alleging that giving an unelected administration appointee the power to waive laws passed by Congress and signed by the President for the express purpose of subverting the judiciary is a violation of the separation of powers enshrined in the U.S. Constitution. They are joined by El Paso County, the El Paso County Water Improvement District No. 1, the Hudspeth County Conservation and Reclamation District No. 1, Galeria 409, The Frontera Audubon Society, the Friends of the Wildlife Corridor, and the Friends of Laguna Atascosa National Wildlife Refuge. The wide spectrum of plaintiffs challenging the Department of Homeland Security’s suspension of laws points to the broad range of negative impacts that the wall will have in Texas, as well as the rest of our nation’s borderlands.

The same river that provides a focal point for the Tiguas’ religious ceremonies is equally important for the survival of plant, animal, and human communities. The Rio Bosque Wetlands Park has also spoken out against the wall, stating that, “A fence would limit the ability of native terrestrial species to move between such areas and the floodway. It would limit genetic exchange and would fragment populations that are currently connected.” As habitat is fragmented and access to the river is denied, animals, particularly those that are listed as federally threatened or endangered, may not survive.

With border wall construction currently under way near El Paso and elsewhere, it is critically important that we remind members of Congress that the elections that they are currently obsessed with are just the entrance exam for their jobs. Elections are meant to bring in public servants, and it is their job to serve the best interests of the American people. Building walls that will cut off the Rio Grande, that will disrupt Native American religious practices and disturb graves, that will destroy natural areas such as the Rio Bosque Wetlands Park, and will cost U.S. taxpayers billions of dollars, is unconscionable. As our public servants once again come before the American people, asking for our votes, it is important that they know that we will hold them accountable for their actions.

CALL TO ACTION BY THE TOHONO O'ODHAM INDIGENOUS PEOPLE AGAINST THE US-MEXICO BORDER WALL

The Traditional Tohono O'odham Indigenous People Demand a Halt to the Construction of the US-Mexico Border Wall and the Destruction of Indigenous Nations.

The following press release was issued by the O'odham Solidarity Project:

The Tohono O'odham Nation has the second largest reservation recognized by the United States, with territory and members on both sides of the US-Mexico political boundary in the states of Arizona, US and Sonora, Mexico. As original people of the territory, the Tohono O'odham have lived on and cared for that land long before such a boundary even existed; before there was a US or a Mexico. Now, however, the construction of the border wall along the entire US – Mexican border is splitting border communities and Indigenous nations alike, including the Tohono O'odham.

The construction of this wall will destroy the Tohono O'odham way of life (their traditions and religious practices), not to mention the many rights sworn to the O'odham people that are being violated. Tohono O'odham elders and traditionalists maintain their legacy through oral history, conducting natural ceremonies that include offerings to the land and sea. They also use manyplants and environmental resources of the region as a source of food and medicine. But, many of these sacred ceremonies take place in Mexico.

"This Wall and the construction of this Wall has destroyed our communities, our burial sites, and ancient O'odham routes throughout our lands. The entire International border has divided and displaced our people," says Ofelia Rivas, a representative of the traditional Tohono O'odham in Washington D.C. “The Wall is also severely affecting the animals. We now see mountain lions going into areas where people live because of the Wall.”

The right of the O'odham to travel freely and safely via these traditional routes in their territory has previously been guaranteed under United States, Mexican, and International Law. The US government's American Indian Religious Freedom Act of 1978 acknowledges rights for the O'odham people that the construction of the US-Mexico Border Wall directly violates. By restricting the mobility of the O'odham people, the Wall prevents the free practice of their religion and their cultural traditions. Further, rights granted by the United Nations universalDeclaration of Human Rights, the Declaration of Human Rights for Indigenous Peoples, and the American Declaration of the Rights and Duties of Man are also being ignored due to a waiver issued by the US Department of Homeland Security. Under this document, the President claims the power to waive any and all environmental and Federal Indian laws in order to build the Wall in the name of national security.

The US-Mexican border policies and the Wall have also increased the military presence within the O'odham lands, further affecting their lives and communities.

"This Wall has militarized our entire lands," states Ofelia Rivas, "We, as original people, are now required to answer to United States armed forces as to our nationality on our own lands." Ofelia Rivas, herself, was once asked, at gunpoint, to produce identification to establish her right to be on lands that she was born on and her ancestors lived on since before Columbus.

Ironically, the increase in militarization of the US-Mexican Border has coincided with the rise of the North American Free Trade Agreement (NAFTA) that went into effect in 1994. Supporters at the time said NAFTA would decrease immigration and bring good paying jobs to Mexico but the exact opposite has happened.

“Many of the people crossing from Mexico into the United States are indigenous people and families,” says Ofelia Rivas. “They tell me that under these free trade agreements they can no longer farm and make a living.”

Under NAFTA it has become easier for commercial goods to cross the border than people, especially the Tohono O'odham. This is illustrated by a striking example told by Mrs. Rivas:"An O'odham elder and her daughter were interrogated and watched by United States Border Patrol guards as they collected traditional O'odham food in the desert."

Ofelia Rivas is in Washington, D.C. today with members of many different Indigenous nations and allies who have walked from San Francisco, California across the continent to Washington, D.C. This group calls their march “The People’s Walk” not only for the sovereignty of Indigenous nations but also for the protection of sacred sites, plants, and animals.

Thus, ordinary O'odham people and elders and their allies are issuing a call to action against the construction of the US-Mexico Border Wall. "As original peoples of these lands,” says Ofelia Rivas, “we protest the violation of the thirty seven federal laws by the April 1, 2008 Waiver by Secretary Chertoff."

For More Information Contact:
O'odham VOICE Against the Wall and O'odham Rights Cultural and Environmental
Justice Coalition: Ofelia Rivas (520) 471-3398, uyarivas@hotmail.com,
http://www.tiamatpublications.com/odham_solidarity_project.html
The People’s Walk: peoplejune13@yahoo.com
Earthpeoples: Rebecca Sommer: (718) 302-1949, http://www.earthpeoples.org/