Friday, August 26, 2011

ECONOGENICS: Obama’s Immigration Move

With this move, it is the security of the Corporate State, and not the community that is the deliverable. According to the principles of ECONOGENICS, the political class is called upon to produce a manageable product to the elites, namely a workforce composed of a constituency that will not challenge empire, but simply respond amicably to the demand for "PAPERS THAT PLEASE" and not political positions that challenge.
August 20, 2011

Let’s make a toast, but don’t drink yet

Thursday felt like time for a toast for America’s largest social movement, the folks fighting for immigrant rights. With the news that the Obama administration would review many of its pending 300,000 deportation cases and allow some of those with no “criminal” record to stay, you could literally hear the cries of joy jumping out of Facebook updates, twitter feeds, cafecito spots (I live in Miami), college campuses, and even a detention center or two.

After over two years of pressuring the Obama administration to use its executive power to stop tearing apart immigrant families and communities; after hunger strikes, 1000 mile walks, and mass arrests, after multiple insistences from the Administration that it didn’t have that authority, after multiple cover-ups by the administration of how many people they were deporting that had done nothing wrong, it seems like the Administration is finally listening. And while there are tears of joy, and sighs of relief, there is also plenty of healthy skepticism. After all, we have an Administration that has cried (falsely), “we only deport dangerous criminals!” more than that boy who cried wolf.

So the questions remain.

Who is going to be carrying out this new case-by-case review? Is it going to be the ICE agents whose union doesn’t want to use its discretionary power and calls this a  “back door amnesty?” What is their incentive to review cases fairly?

And when the administration says that they will focus on “criminals”, what do they mean? Isn’t immigration policy the same set of laws that famously calls people “aggravated felons” for things that are neither aggravated nor felonies? Isn’t ICE the same agency that deported thousands of suspected “terrorists” after 9/11 that were never really terrorists? And don’t ICE’s “worst of the worst” categories include a Baptist pastor with a 16 year old conviction from when he was homeless, a Gulf War Veteran with Post Traumatic Stress Disorder who was arrested for marijuana possession after his wife died, and a 36-year-old youth community worker who helps young people stay away from the mistakes he made as a 16 year old? If the Administration is really turning over a new leaf, does that mean ICE is turning over a new leaf?

And then there is what the Obama Administration still refuses to do. It still refuses to create enforceable standards for how it treats immigrants in detention so that they don’t die in custody. The administration still refuses to reign in the deputized powers it gives to bad sheriffs with long lists of civil rights complaints like the real-life Boss-Hog, Joe Arpaio. The Administration still refuses to call of its “creepy” Secure Communities program, which is looking more and more like the first step of a science fiction-like national database that may one day include everyone.

But the Administration is also failing to take the lead in pushing common sense legislation that will begin to fix the broken immigration system while everyone waits for the mythical grand compromise. For one, the best way to ensure the case-by-case reviews o f immigration cases is done right is to give immigration judges back the discretion they need (and lost in 1996) instead of pushing ICE employees to exercise the discretion many of them seem to not want (that they gained over a decade ago).

But lets not rain on the parade. This is no doubt a victory. Afterall, it seems like there are only a few constituencies of non-millionaires that have gotten any significant demand from the administration: the LGBT movement, the Tea Party, and the immigrant rights movement to name a few. And the tie that binds these movements together (for better or worse) is that they fought like hell and refused to just “let the President do his job.”

So let there be a toast. A toast to democracy-in-action and the thousands of squeaky wheels that provided the vehicle to demand more oil. A toast that remembers those families that new policies may never help, the ones that have already been separated and torn apart. And a toast to the hope that regular people are pushing the Administration to finally have enough courage to make real change.

Yep, its time for a toast…but don’t drink the juice yet.



The philosophy and practice of global economic elites to perpetuate the domination of geo-political regimes of expropriation and exploitation of the natural resources and labor of the earth and humanity for the benefit of the few, at the expense of an unsustainable ecological relationship among human societies and with the natural world.

Wednesday, August 24, 2011

Palabra y Presencia de los 48 Cantones Mayas de Totonicapan, Guatemala

Policarpo Chaj
Palabra y Presencia de los
agosto 21, 2011
Policarpo Chaj, Maya Vision
Presentacion ante 
Los Comités de Defensa del Barrio
Embajada de Pueblos Indigenas

"Trabajar es un Derecho Humano." 


Monday, August 15, 2011

El Tratado de Guadalupe Hidalgo 1848

[By the Louisiana Purchase, Texas had become a part of the United States; but in 1819 it had been ceded to Spain in the negotiations for Florida. Two years later Mexico, including Texas, had become independent, and the United States made two unsuccessful attempts to purchase Texas from Mexico. The settlement of Texas by immigrants from the United States finally led to the secession of Texas and its annexation by the United States, with the result that the Mexican War broke out in May, 1846. It was closed by this treaty, by which the United States gained not only Texas but New Mexico and Upper California.]




The United States of America and the United Mexican States animated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two Republics and to establish Upon a solid basis relations of peace and friendship, which shall confer reciprocal benefits upon the citizens of both, and assure the concord, harmony, and mutual confidence wherein the two people should live, as good neighbors have for that purpose appointed their respective plenipotentiaries, that is to say: The President of the United States has appointed Nicholas P Trist, a citizen of the United States, and the President of the Mexican Republic has appointed Don Luis Gonzaga Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic; Who, after a reciprocal communication of their respective full powers, have, under the protection of Almighty God, the author of peace, arranged, agreed upon, and signed the following:

Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the Mexican Republic.

There shall be firm and universal peace between the United States of America and the Mexican Republic, and between their respective countries, territories, cities, towns, and people, without exception of places or persons.
Immediately upon the signature of this treaty, a convention shall be entered into between a commissioner or commissioners appointed ~y the General-in-chief of the forces of the United States, and such as may be appointed by the Mexican Government, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be reestablished, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circumstances of military occupation.
Immediately upon the ratification of the present treaty by the Government of the United States, orders shall be transmitted to the commanders of their land and naval forces, requiring the latter (provided this treaty shall then have been ratified by the Government of the Mexican Republic, and the ratifications exchanged) immediately to desist from blockading any Mexican ports and requiring the former (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United State then in the interior of the Mexican Republic, to points that shall be selected by common agreement, at a distance from the seaports not exceeding thirty leagues; and such evacuation of the interior of the Republic shall be completed with the least possible delay; the Mexican Government hereby binding itself to afford every facility in i~ power for rendering the same convenient to the troops, on their march and in their new positions, and for promoting a good understanding between them and the inhabitants. In like manner orders shall be despatched to the persons in charge of the custom houses at all ports occupied by the forces of the United States, requiring them (under the same condition) immediately to deliver possession of the same to the persons authorized by the Mexican Government to receive it, together with all bonds and evidences of debt for duties on importations and on exportations, not yet fallen due. Moreover, a faithful and exact account shall be made out, showing the entire amount of all duties on imports and on exports, collected at such custom-houses, or elsewhere in Mexico, by authority of the United States, from and after the day of ratification of this treaty by the Government of the Mexican Republic; and also an account of the cost of collection; and such entire amount, deducting only the cost of collection, shall be delivered to the Mexican Government, at the city of Mexico, within three months after the exchange of ratifications.

The evacuation of the capital of the Mexican Republic by the troops of the United States, in virtue of the above stipulation, shall be completed in one month after the orders there stipulated for shall have been received by the commander of said troops, or sooner if possible.
Immediately after the exchange of ratifications of the present treaty all castles, forts, territories, places, and possessions, which have been taken or occupied by the forces of the United States during the present war, within the limits of the Mexican Republic, as about to be established by the following article, shall be definitely restored to the said Republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be duly ratified by the Government of the Mexican Republic. To this end, immediately upon the signature of this treaty, orders shall be despatched to the American officers commanding such castles and forts, securing against the removal or destruction of any such artillery, arms, apparatus of war, munitions, or other public property. The city of Mexico, within the inner line of intrenchments surrounding the said city, is comprehended in the above stipulation, as regards the restoration of artillery, apparatus of war, & c.
The final evacuation of the territory of the Mexican Republic, by the forces of the United States, shall be completed in three months -from the said exchange of ratifications, or sooner if possible; the Mexican Government hereby engaging, as in the foregoing article to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good understanding between them and the inhabitants.

If, however, the ratification of this treaty by both parties should not take place in time to allow the embarcation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such case a friendly arrangement shall be entered into between the General-in-Chief of the said troops and the Mexican Government, whereby healthy and otherwise suitable places, at a distance from the ports not exceeding thirty leagues, shall be designated for the residence of such troops as may not yet have embarked, until the return 1i of the healthy season. And the space of time here referred to as, comprehending the sickly season shall be understood to extend from the first day of May to the first day of November.

All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications of this treaty. It is also agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the Government of the said United States will exact the release of such captives and cause them to be restored to their country.
The boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or Opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila; (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same); thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean.
The southern and western limits of New Mexico, mentioned in the article, are those laid down in the map entitled "Map of the United Mexican States, as organized and defined by various acts of the Congress of said republic, and constructed according to the best authorities. Revised edition. Published at New York, in 1847, by J. Disturnell," of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned Plenipotentiaries,. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant one marine league due south of the southernmost point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing-master of the Spanish fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed and sealed by the respective Plenipotentiaries.

In order to designate the boundary line with due precision, upon authoritative maps, and to establish upon the ground land-marks which shall show the limits of both republics, as described in the present article, the two Governments shall each appoint a commissioner and a surveyor, who, before the expiration of one year from the date of the exchange of ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be deemed a part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary.

The boundary line established by this article shall be religiously respected by each of the two republics, and no change shall ever be made therein, except by the express and free consent of both nations, lawfully given by the General Government of each, in conformity with its own constitution.
The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, and by the river Colorado below its confluence with the Gila, to and from their possessions situated north of the boundary line defined in the preceding article; it being understood that this passage is to be by navigating the Gulf of California and the river Colorado, and not by land, without the express consent of the Mexican Government.
If, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, canal, or railway, which should in whole or in part run upon the river Gila, or upon its right or its left bank, within the space of one marine league from either margin of the river, the Governments of both republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries.
The river Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navigating the same or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments.
The stipulations contained in the present article shall not impair the territorial rights of either republic within its established limits.
Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever.
Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States.
In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with respect to it guarantees equally ample as if the same belonged to citizens of the United States.
The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States. and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without; restriction.
[Stricken out by the United States Amendments]
Article XI
Considering that a great part of the territories, which, by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive control of the Government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall be forcibly restrained by the Government of the United States whensoever this may be necessary; and that when they cannot be prevented, they shall be punished by the said Government, and satisfaction for the same shall be exactedQall in the same way, and with equal diligence and energy, as if the same incursions were meditated or committed within its own territory, against its own citizens.
It shall not be lawful, under any pretext whatever, for any inhabitant of the United States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the territory of either of the two republics; nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen within Mexican territory by such Indians.
And in the event of any person or persons, captured within Mexican territory by Indians, being carried into the territory of the united States, the Government of the latter engages and binds itself, in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country. or deliver them to the agent or representative of the Mexican Government. The Mexican authorities will, as far as practicable, give to the Government of the United States notice of such captures; and its agents shall pay the expenses incurred in the maintenance and transmission of the rescued captives; who, in the mean time, shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mexico, should obtain intelligence, through any other channel, of the existence of Mexican captives within its territory, it will proceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated.
For the purpose of giving to these stipulations the fullest possible efficacy, thereby affording the security and redress demanded by their true spirit and intent, the Government of the United States will now and hereafter pass, without unnecessary delay, and always vigilantly enforce, such laws as the nature of the subject may require. And, finally, the sacredness of this obligation shall never be lost sight of by the said Government, when providing for the removal of the Indians from any portion of the said territories, or for its being settled by citizens of the United States; but, on the contrary, special care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to restrain.
In consideration of the extension acquired by the boundaries of the United States, as defined in the fifth article of the present treaty, the Government of the United States engages to pay to that of the Mexican Republic the sum of fifteen millions of dollars.
Immediately after the treaty shall have been duly ratified by the Government of the Mexican Republic, the sum of three millions of dollars shall be paid to the said Government by that of the United States, at the city of Mexico, in the gold or silver coin of Mexico The remaining twelve millions of dollars shall be paid at the same place, and in the same coin, in annual installments of three millions of dollars each, together with interest on the same at the rate of six per centum per annum. This interest shall begin to run upon the whole sum of twelve millions from the day of the ratification of the present treaty by--the Mexican Government, and the first of the installments shall be paid-at the expiration of one year from the same day. Together with each annual installment, as it falls due, the whole interest accruing on such installment from the beginning shall also be paid.
The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and those hereafter to become due, by reason of the claims already liquidated and decided against the Mexican Republic, under the conventions between the two republics severally concluded on the eleventh day of April, eighteen hundred and thirty-nine, and on the thirtieth day of January, eighteen hundred and forty-three; so that the Mexican Republic shall be absolutely exempt, for the future, from all expense whatever on account of the said claims.
The United States do furthermore discharge the Mexican Republic from all claims of citizens of the United States, not heretofore decided against the Mexican Government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed.
The United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever canceled, whatever their amount may be, undertake to make satisfaction for the same, to an amount not exceeding three and one-quarter millions of dollars. To ascertain the validity and amount of those claims, a . board of commissioners shall be established by the Government of the United States, whose awards shall be final and conclusive; provided that, in deciding upon the validity of each claim, the boa shall be guided and governed by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mexico on the twentieth day of November, one thousand eight hundred and forty-three; and in no case shall an award be made in favour of any claim not embraced by these principles and rules.
If, in the opinion of the said board of commissioners or of the claimants, any books, records, or documents, in the possession or power of the Government of the Mexican Republic, shall be deemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall, within such period as Congress may designate, make an application in writing for the same, addressed to the Mexican Minister of Foreign Affairs, to be transmitted by the Secretary of State of the United States; and the Mexican Government engages, at the earliest possible moment after the receipt of such demand, to cause any of the books, records, or documents so specified, which shall be in their possession or power (or authenticated copies or extracts of the same), to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners; provided that no such application shall be made by or at the instance of any claimant, until the facts which it is expected to prove by such books, records, or documents, shall have been stated under oath or affirmation.
Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security.
The treaty of amity, commerce, and navigation, concluded at the city of Mexico, on the fifth day of April, A. D. 1831, between the United States of America and the United Mexican States, except the additional article, and except so far as the stipulations of the said treaty may be incompatible with any stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein; it being understood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall have expired, to terminate the same by giving one year's notice of such intention to the other party.
All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to the final evacuation thereof, although subsequently to the restoration o~ the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind; the Government of the United States hereby engaging and pledging its faith to establish and vigilantly to enforce, all possible guards for securing the revenue of Mexico, by preventing the importation, under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall really be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end it shall be the duty of all officers and agents of the United States to denounce to the Mexican authorities at the respective ports any attempts at a fraudulent abuse of this stipulation, which they may know of, or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attempt, when duly proved and established by sentence of a competent tribunal, They shall be punished by the confiscation of the property so attempted to be fraudulently introduced.
With respect to all merchandise, effects, and property whatsoever, imported into ports of Mexico, whilst in the occupation of the forces of the United States, whether by citizens of either republic, or by citizens or subjects of any neutral nation, the following rules shall be observed:
(1) All such merchandise, effects, and property, if imported previously to the restoration of the custom-houses to the Mexican authorities, as stipulated for in the third article of this treaty, shall be exempt from confiscation, although the importation of the same be prohibited by the Mexican tariff.
(2) The same perfect exemption shall be enjoyed by all such merchandise, effects, and property, imported subsequently to the restoration of the custom-houses, and previously to the sixty days fixed in the following article for the coming into force of the Mexican tariff at such ports respectively; the said merchandise, effects, and property being, however, at the time of their importation, subject to the payment of duties, as provided for in the said following article.
(3) All merchandise, effects, and property described in the two rules foregoing shall, during their continuance at the place of importation, and upon their leaving such place for the interior, be exempt from all duty, tax, or imposts of every kind, under whatsoever title or denomination. Nor shall they be there subject to any charge whatsoever upon the sale thereof. (4) All merchandise, effects, and property, described in the first and second rules, which shall have been removed to any place in the interior, whilst such place was in the occupation of the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomination.
(5) But if any merchandise, effects, or property, described in the first and second rules, shall be removed to any place not occupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon their sale or consumption there, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time of peace, through the maritime custom-houses, and had there paid the duties conformably with the Mexican tariff.
(6) The owners of all merchandise, effects, or property, described in the first and second rules, and existing in any port of Mexico, shall have the right to reship the same, exempt from all tax, impost, or contribution whatever.
With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the United States, and previously to the restoration of the custom-house at such port, no person shall be required by the Mexican authorities, whether general or state, to pay any tax, duty, or contribution upon any such exportation, or in any manner to account for the same to the said authorities.
Through consideration for the interests of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restoration of the custom houses, conformably with the stipulation in the third article, in such case all merchandise, effects and property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the day of signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-houses at the time of the restoration of the same. And to all such merchandise, effects, and property, the rules established by the preceding article shall apply.
If unhappily any disagreement should hereafter arise between the Governments of the two republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations, the said Governments, in the name of those nations, do promise to each other that they will endeavour, in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves, using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighbourship, whether it would not be better that such difference should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case.
If (which is not to be expected, and which God forbid) war should unhappily break out between the two republics, they do now, with a view to such calamity, solemnly pledge themselves to each other and to the world to observe the following rules; absolutely where the nature of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible:
(1) The merchants of either republic then residing in the other shall be allowed to remain twelve months (for those dwelling in the interior), and six months (for those dwelling at the seaports) to collect their debts and settle their affairs; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and, at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hindrance, conforming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all persons whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, unmolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of war, they may happen to fall; but if the necessity arise to take anything from them for the use of such armed force, the same shall be paid for at an equitable price. All churches, hospitals, schools, colleges, libraries, and other establishments for charitable and beneficent purposes, shall be respected, and all persons connected with the same protected in the discharge of their duties, and the pursuit of their vocations.
(2) . -In order that the fate of prisoners of war may be alleviated all such practices as those of sending them into distant, inclement or unwholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prison ships, or prisons; nor be put in irons, or bound or otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comfortable quarters; and the common soldiers shall be dispose( in cantonments, open and extensive enough for air and exercise and lodged in barracks as roomy and good as are provided by the party in whose power they are for its own troops. But if any office shall break his parole by leaving the district so assigned him, o any other prisoner shall escape from the limits of his cantonment after they shall have been designated to him, such individual, officer, or other prisoner, shall forfeit so much of the benefit of this article as provides for his liberty on parole or in cantonment. And if any officer so breaking his parole or any common soldier so escaping from the limits assigned him, shall afterwards be found in arms previously to his being regularly exchanged, the person so offending shall be dealt with according to the established laws of war. The officers shall be daily furnished, by the party in whose power they are, with as many rations, and of the same articles, as are allowed either in kind or by commutation, to officers of equal rank in its own army; and all others shall be daily furnished with such ration as is allowed to a common soldier in its own service; the value of all which supplies shall, at the close of the war, or at periods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners; and such accounts shall not be mingled with or set off against any others, nor the balance due on them withheld, as a compensation or reprisal for any cause whatever, real or pretended Each party shall be allowed to keep a commissary of prisoners, appointed by itself, with every cantonment of prisoners, in possession of the other; which commissary shall see the prisoners as often a he pleases; shall be allowed to receive, exempt from all duties a taxes, and to distribute, whatever comforts may be sent to them by their friends; and shall be free to transmit his reports in open letters to the party by whom he is employed.
And it is declared that neither the pretense that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided; and, during which, its stipulations are to be as sacredly observed as the most acknowledged obligations under the law of nature or nations.
This treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the Mexican Republic, with the previous approbation of its general Congress; and the ratifications shall be exchanged in the City of Washington, or at the seat of Government of Mexico, in four months from the date of the signature hereof, or sooner if practicable.
In faith whereof we, the respective Plenipotentiaries, have signed this treaty of peace, friendship, limits, and settlement, and have hereunto affixed our seals respectively. Done in quintuplicate, at the city of Guadalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight.


Article IX was modified and Article X were stricken by the US Congress. Here are the original articles.
In addition, there is an explanation or agreement of why the articles where stricken which is known as the protocol of Querétaro

The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding Article, shall be incorporated into the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights of citizens of the United States. In the mean time, they shall be maintained and protected in the enjoyment of their liberty, their property, and the civil rights now vested in them according to the Mexican laws. With respect to political rights, their condition shall be on an equality with that of the inhabitants of the other territories of the United States; and at least equally good as that of the inhabitants of Louisiana and the Floridas, when these provinces, by transfer from the French Republic and the Crown of Spain, became territories of the United States.

The same most ample guaranty shall be enjoyed by all ecclesiastics and religious corporations or communities, as well in the discharge of the offices of their ministry, as in the enjoyment of their property of every kind, whether individual or corporate. This guaranty shall embrace all temples, houses and edifices dedicated to the Roman Catholic worship; as well as all property destined to it's [sic] support, or to that of schools, hospitals and other foundations for charitable or beneficent purposes. No property of this nature shall be considered as having become the property of the American Government, or as subject to be, by it, disposed of or diverted to other uses.

Finally, the relations and communication between the Catholics living in the territories aforesaid, and their respective ecclesiastical authorities, shall be open, free and exempt from all hindrance whatever, even although such authorities should reside within the limits of the Mexican Republic, as defined by this treaty; and this freedom shall continue, so long as a new demarcation of ecclesiastical districts shall not have been made, conformably with the laws of the Roman Catholic Church.

All grants of land made by the Mexican government or by the competent authorities, in territories previously appertaining to Mexico, and remaining for the future within the limits of the United States, shall be respected as valid, to the same extent that the same grants would be valid, to the said territories had remained within the limits of Mexico. But the grantees of lands in Texas, put in possession thereof, who, by reason of the circumstances of the country since the beginning of the troubles between Texas and the Mexican Government, may have been prevented from fulfilling all the conditions of their grants, shall be under the obligation to fulfill the said conditions within the periods limited in the same respectively; such periods to be now counted from the date of the exchange of ratifications of this Treaty: in default of which the said grants shall not be obligatory upon the State of Texas, in virtue of the stipulations contained in this Article.
The foregoing stipulation in regard to grantees of land in Texas, is extended to all grantees of land in the territories aforesaid, elsewhere than in Texas, put in possession under such grants; and, in default of the fulfillment of the conditions of any such grant, within the new period, which, as is above stipulated, begins with the day of the exchange of ratifications of this treaty, the same shall be null and void.

In the city of Queretaro on the twenty sixth of the month of May eighteen hundred and forty-eight at a conference between Their Excellencies Nathan Clifford and Ambrose H. Sevier Commissioners of the United States of America, with fuil powers from their Government to make to the Mexican Republic suitable explanations in regard to the amendments which the Senate and Government of the said United States have made in the treaty of peace, friendship, limits and definitive settlement between the two Republics, signed in Guadalupe Hidalgo, on the second day of February of the present year, and His Excellency Don Luis de la Rosa, Minister of Foreign Affairs of the Republic of Mexico, it was agreed, after adequate conversation respecting the changes alluded to, to record in the present protocol the following explanations which Their aforesaid Excellencies the Commissioners gave in the name of their Government and in fulfillment of the Commission conferred upon them near the Mexican Republic.
The american Government by suppressing the IXth article of the Treaty of Guadalupe and substituting the III article of the Treaty of Louisiana did not intend to diminish in any way what was agreed upon by the aforesaid article IXth in favor of the inhabitants of the territories ceded by Mexico. Its understanding that all of that agreement is contained in the IIId article of tile Treaty of Louisiana. In consequence, all the privileges and guarantees, civil, political and religious, which would have been possessed by the inhabitants of the ceded territories, if the IXth article of the Treaty had been retained, will be enjoyed by them without any difference under the article which has been substituted.
The American Government, by suppressing the Xth article of the Treaty of Guadalupe did not in any way intend to annul the grants of lands made by Mexico in the ceded territories. These grants, notwithstandjng the suppression of the article of the Treaty, preserve the legal value which they may possess; and the grantees may cause their legitimate tities to be acknowledged before the american tribunals.
Conformably to the law of the United States, legitimate titles to every description of property personal and real, existing in the ceded territories, are those which were legitimate titles under the Mexican law in California and New Mexico up to the I3th of May 1846, and in Texas up to the 2d March 1836.
The Government of the United States by suppressing the concluding paragraph of article XIIth of the Treaty, did not intend to deprive the Mexican Republic of the free and unrestrained faculty of ceding, conveying or transferring at any time (as it may judge best> the sum of the twelve [sic] millions of dollars which the same Government of the United States is to deliver in the places designated by the amended article.
And these explanations having been accepted by the Minister of Foreign Affairs of the Mexican Republic, he declared in name of his Government that with the understanding conveyed by them, the same Government would proceed to ratify the Treaty of Guadalupe as modified by the Senate and Government of the United States. In testimony of which their Excellencies the aforesaid Commissioners and the Minister have signed and sealed in quintuplicate the present protocol.
[Seal] A. H. Sevier
[Seal] Nathan Clifford
[Seal] Luis de la Rosa

Friday, August 12, 2011


Posted on February 11, 2011 by


Oaxacalifornia en Califaztlán: descolonizando

 Por Luis Sánchez-López


La migración de indígenas procedentes de varíos países de América Latina a Estados Unidos sigue creciendo, y con ello, aumenta el debate sobre quién y qué es ser indígena.

Ancient Corridors of Trade and Culture of Anahuac

Los migrantes indígenas en Estados Unidos enfrentan discriminación dentro de instituciones como escuelas, clínicas, hospitales, juzgados, y otras oficinas de servicios sociales. También experimentan discriminación por parte de individuos, incluyendo por parte de personas “latinas” que no se identifican como indígenas. El presente ensayo fue escrito pensando en estudiantes, académicos, activistas, y trabajadores e intenta analizar las diferentes ideas que existen acerca de la identidad y cultura indígena entre la comunidad chicana. El propósito de este ensayo no es dar una respuesta sobre qué es un indígena auténtico. Este ensayo más bien, busca entender de dónde vienen las ideas que tenemos sobre los indígenas y cómo estas ideas afectan nuestras relaciones con los pueblos indígenas.

Los pueblos indígenas han vivido en las Américas durante miles de años. Antes de la llegada de los europeos, existían diferentes grupos étnicos: zapotecos, mixtecos y náhuatls, por sólo mencionar algunos de los 62 pueblos indígenas que continúan existiendo actualmente en México. En aquellos tiempos no existía una identidad indígena común. La identidad indígena estaba basada en la comunidad o pueblo de origen. Los pueblos indígenas tenían complejos sistemas políticos y las mujeres eran parte vital de las comunidades. En los pueblos mixtecos, por ejemplo, existía una institución entre los grupos gobernantes llamada yuhuitayu, que era una alianza política entre dos pueblos por medio del matrimonio de un hombre y una mujer de distintas comunidades.
Abya Yala

A finales del siglo XV, varios grupos europeos empezaron a invadir a los pueblos indígenas de las Américas. A este proceso, que continua hasta el día de hoy, se le ha llamado colonización. Este proceso cambió, y sigue cambiando, las formas en las cuales vivían los pueblos indígenas. Los distintos grupos europeos llegaban al poder por medio de la violencia y mataban a los indígenas que se oponían. Como suele suceder en procesos de colonización, los españoles, ingleses, y otros grupos europeos se aprovechaban de las divisiones y los conflictos que existían entre los pueblos indígenas. En la historia mexicana, por ejemplo, es muy conocida la alianza entre los tlaxcaltecas y los españoles. El propósito de la colonización, desde el punto de vista de los españoles, era extraer recursos de las comunidades indígenas y generar riquezas.

Se estima que el 90 por ciento de las poblaciones indígenas murieron a raíz de la colonización por medio de la violencia y enfermedades europeas.

Después de varias décadas, los españoles lograron establecerse en el Valle de México y de allí, planeaban la colonización de otros pueblos indígenas. Los españoles crearon un sistema de poder en el cual los hombres españoles nacidos en España ocupaban los más altos rangos. Un concepto clave que surge de la colonización es el concepto de pureza de sangre.
Presented here are casta lists from three sets of paintings. Note that they only agree on the first five combinations, which are essentially the Indian-White ones. There is no agreement on the Black mixtures, however. Also, no one list should be taken as "authoritative." These terms would have varied from region to region and across time periods. The lists here probably reflect the names that the artist knew or preferred, the ones the patron requested to be painted, or a combination of both.

A Mestizo with an Indian produce a Cholo". Indian school, 1770.
1. De Español y d'India; Mestisa
2. De español y Mestiza, Castiza
3. De Español y Castiza, Español
4. De Español y Negra, Mulata
5. De Español y Mulata; Morisca
6. De Español y Morisca; Albina
7. De Español y Albina; Torna atrás
8. De Español y Torna atrás; Tente en el aire
9. De Negro y d'India, China cambuja.
10. De Chino cambujo y d'India; Loba
11. De Lobo y d'India, Albarazado
12. De Albarazado y Mestiza, Barcino
13 De Indio y Barcina; Zambuigua
14. De Castizo y Mestiza; Chamizo
15. De Mestizo y d'India; Coyote
16. Indios gentiles (Heathen Indians)

De mestizo e india se produce coyote
1. Español con India, Mestizo
2. Mestizo con Española, Castizo
3. Castiza con Español, Española
4. Español con Negra, Mulato
5. Mulato con Española, Morisca
6. Morisco con Española, Chino
7. Chino con India, Salta atrás
8. Salta atras con Mulata, Lobo
9. Lobo con China, Gíbaro (Jíbaro)
10. Gíbaro con Mulata, Albarazado
11. Albarazado con Negra, Cambujo
12. Cambujo con India, Sambiaga (Zambiaga)
13. Sambiago con Loba, Calpamulato
14. Calpamulto con Cambuja, Tente en el aire
15. Tente en el aire con Mulata, No te entiendo
16. No te entiendo con India, Torna atrás

De Español e india se produce mestizo
1. De Español e India, nace Mestizo
2. De Español y Mestiza, nace Castizo
3. De Castizo y Española, nace Española
4. De Español y Negra, nace Mulata
5. De Español y Mulata, nace Morisco
6. De Español y Morisca, nace Albino
7. De Español y Albina, nace Torna atrás
8. De Indio y Negra, nace Lobo
9. De Indio y Mestiza, nace Coyote
10. De Lobo y Negra, nace Chino
11. De Chino e India, nace Cambujo
12. De Cambujo e India, nace Tente en el aire
13. De Tente en el aire y Mulata, nace Albarazado
14. De Albarazado e India, nace Barcino
15. De Barcino y Cambuja, nace Calpamulato
16. Indios Mecos bárbaros (Barbarian Meco Indians)

Este concepto que usaban los españoles como símbolo de su superioridad fue fundamental para el sistema colonial. Usando este concepto, los españoles crearon un sistema de castas. Este sistema, a pesar del argumento de pureza de sangre, era basado en la apariencia de las personas. Las personas que se veían más “europeas” o blancas, ocupaban los rangos más altos del sistema colonial. Los indígenas y los africanos, por otra parte, ocupaban los rangos más bajos. En la cuestión de género, las mujeres eran excluidas de los procesos políticos coloniales.
Language families of Anahuac, Abya Yala North

Las ideas coloniales han permanecido de una forma u otra en todos los aspectos, y éstos se reflejan en las políticas de los gobiernos mexicanos.

En el siglo XX después de la Revolución Mexicana, el gobierno de México desarrolló un proyecto racista enfocado en los pueblos indígenas. Este proyecto, llamado indigenismo, tenía como meta la desaparición de los pueblos indígenas y la creación de una identidad mestiza.

 El discurso indigenista proponía que todos los mexicanos eran mestizos por medio del mestizaje entre los pueblos indígenas y los españoles. En otras palabras, el discurso indigenista argumentaba que todos los mexicanos eran mestizos porque tenían sangre española e indígena. Es obvia la conexión entre la idea del mestizaje y la idea de pureza de sangre. Al mismo tiempo, el gobierno indigenista promovía estudios de las “civilizaciones” indígenas antiguas, como las de Tenochtitlán y Teotihuacán, para atraer al turismo. Es importante agregar, que la memoria histórica que el gobierno mexicano intentaba crear estaba enfocada en las civilizaciones del Valle de México, es decir, las “civilizaciones” náhuatl. Todo este movimiento indigenista tenía (y sigue teniendo) un propósito: crear una identidad nacional homogénea que niega la presencia de diferentes grupos étnicos/raciales e intenta borrar la memoria histórica de los pueblos que han luchado en contra de la colonización y otras formas de opresión.

Aunque este movimiento indigenista se desarrolló en México, las ideas que surgen del indigenismo han cruzado fronteras nacionales. En los años 60’s y 70’s, los “mexicanos” en  Estados Unidos crearon un movimiento basado en su identidad como mexicanos/México-americanos. Aunque este movimiento, conocido como el movimiento Chicano, expresaba y expresa varias tendencias ideológicas, tomó como suyos muchos elementos  del discurso indigenista del gobierno mexicano. El líder chicano Rodolfo “Corky” González, por ejemplo, termina su poema “I am Joaquín/ Yo soy Joaquín” con las líneas, “Mi sangre es pura. Yo soy príncipe Azteca y Cristo cristiano.” Aunque aceptaban tener sangre europea, los chicanos se identificaban con los pueblos indígenas en la historia, tales como los mexica o aztecas. Aunque han pasado más de 40 años, muchos chicanos siguen teniendo las mismas ideas sobre su identidad como mestizos. Asimismo, hay chicanos que se identifican como indígenas,  algo que resulta muy problemático para nosotros, los indígenas migrantes.

Muchos chicanos se identifican como indígenas y tratan de expresar su identidad por medio de símbolos culturales. Algunos chicanos usan nombres náhuatl, bailan danza azteca, y aprenden a hablar náhuatl con el propósito de convertirse en indígenas. Muchos creen que hay una sola manera de ser indígena y que el ser indígena significa vestir con ropa “indígena,” hablar una lengua indígena, y rechazar todo lo que es español o europeo. Suelen tener una idea esencialista sobre los pueblos indígenas, creyendo que lo indígena es lo pre-colonial- cuando lo indígena era puro y no había sido contaminado por los españoles. Ha habido casos, por ejemplo, en donde los chicanos han cuestionado a los indígenas migrantes por no “vestirse como indígenas.” Ante esa crítica, los migrantes indígenas respondemos: “no necesitamos vestirnos como indígenas para ser indígenas.”

El movimiento chicano ha creado un discurso muy fuerte acerca de la identidad a la cual nos enfrentamos los indígenas migrantes. Muchas clases de estudios chicanos no critican adecuadamente el discurso indigenista y se siguen reproduciendo las ideas romantizadas sobre los pueblos indígenas. El uso de palabras o conceptos indigenistas, como mestizaje, en el discurso chicano es problemático para los indígenas migrantes, ya que el concepto del mestizaje fue creado por el gobierno mexicano para destruir nuestra memoria histórica como pueblos indígenas. Ante esta situación, presentamos el concepto de la descolonización. La descolonización se refiere al proceso por el cual analizamos, entendemos, y cambiamos las ideas coloniales y opresoras que han dominado a los pueblos indígenas y las relaciones dictadas por estas ideas. Sólo de esta manera podremos entender lo que significa ser indígena.

Thursday, August 11, 2011


Hermanos Abogados indígenas:

Es un muy grato compartir en este Congreso anual, los desafios que tenemos que afrontar los juristas dedicados a defender los Derechos de nuestros pueblos.

El Estado de Derecho actual,  no brinda a nuestros pueblos las garantias suficientes de Seguridad territorial para una sobrevivencia acorde con nuestras culturas.
Nuestros pueblos han sabido cumplir con las obligaciones basicas de cuidado a la madre tierra, obligaciones que recien en la ultima decada se han hecho norma internacional en la llamada agenda 21 y los convenios de Derechos Humanos.

A pesar del historico presedente de los Tratados, suscritos de buena fe por nuestros abuelos, para evitar las matanzas de la colonización, hoy no cuentan nuestros pueblos con un minimo rango de Personalidad legal, que nos permita retomar nuestros destino.
El respeto a la madre tierra es el fundamento de nuestros sistemas jurídicos, mientras que el fundamento del Derecho Occidental son los contratos, el acuerdo de voluntades entre sujetos capaces.
Nuestros antepasados han confiado en el acuerdo de voluntades, pero el tiempo se ha encargado de demostrar la fragilidad de este concepto: Tratados incumplidos, Constituciones vulnerables, leyes inseguras.
El derecho a la seguridad Territorial que todo pueblo goza, se nos ha arrebatado como consecuencia del proceso de colonización y   actualmente los gobiernos en pleno se atribuyen la prerrogativa de negarnos el Derecho a reivindicar nuestros territorios y el control de nuestros naturales. Ellos han depredado praderas, humedales, bosques Sin piedad, amparados en normas legales hechos por ellos mismos. Han dispuesto de recursos, a cuyo cuidado no contribuyeron nada, mientras que nuestros pueblos los hemos cuidado por milenios. Que derecho tienen hoy para seguir manteniendo cautivos a nuestros pueblos. La Madre tierra nos ruega que la sigamos cuidando y la defendamos. Para asegurar que la humanidad tenga un futuro digno. Y la contraparte que les toca aportar a los gobiernos es reconocernos como pueblos en el Derecho Internacional.
El actual sistema de Tratados y convenios a excluido a nuestros pueblos de ser sujetos capaces en el ambito internacional para asumir responsabilidad de cuidar la tierra y la armonia entre los pueblos, en esta materia,  nuestros pueblos estan injustamente subsumidos a las partes, y convertidos en meros proveedores de tradiciones. Para muestras un ejemplo: El Art. 8 (J) del Convenio sobre diversidad Biológica, impone la obligación a los gobiernos de promover y proteger los conocimientos indígenas utiles a la conservacion y buen uso de los recursos biológicos. Ellos Se han pasado cinco años discutiendo que es la promocion y protección de los conocimientos indígenas. No quieren entender que para cumplir dicha obligación, es menester devolver a nuestros pueblos la soberania sobre nuestros territorios y el derecho a la libredeterminacion.
Los gobiernos se reafirman en su soberania absoluta sobre los recursos biológicos que nuestros pueblos han conservado. Se creen unicos sujetos capaces del Derecho Internacional. En convenios internacionales que conciernan a pueblos indígenas, como minimo: los gobiernos deben delegar a sus pueblos indígenas la facultad de representarlos ante los organismos competentes, para que paulatinamente nuestros pueblos directamente sean sujetos del Derecho Internacional.
Nuestros pueblos no merecen seguir sufriendo castigo, ni seguir en condicion de incapaces, sujetos a la tutela de un gobierno. Nuestros derechos deben ser promovidos en la cabal dimencion que exige el contexto internacional.
Nuestros pueblos han dado suficientes pruebas a lo largo de la historia de ser capaces de contribuir y ser parte habil para asumir compromisos de paz y cuidado ambiental, no hay pretexto para negarles una categoría de personalidad legal en el ambito internacional, que les permita retomar sus responsabilidades para con la humanidad entera en su condicion de pueblos.  Por ultimo no pueden seguir privados de su Derecho a vivir cuidadando la tierra, porque la tierra cuida de ellos, merecen la reposición de sus territorios.
Los abogados indígenas tenemos que luchar en todos los foros por una reforma del actual estado de Derecho que reconozca los Derechos de nuestros pueblos formando una nueva doctrina juridica, en la judicatura, en la catedra, en los tribunales internacionales y en las instituciones internas de cada una de nuestras naciones.

Tomás Alarcón
Presidente CAPAJ


(Canada, 21 octubre 2001 En Congreso de "Indigenous Bar Asociation") 

Friday, August 5, 2011

International Day of the World's Indigenous Peoples

Proclamation of Indigenous Peoples and Nations
gathered at Pascua Yaqui Pueblo, Arizona August 6th, 2011
for the International Day of the World’s Indigenous Peoples

We, representatives of Indigenous Tribal Nation Governments, Peoples, organizations and communities from Arizona, New Mexico, Sonora Mexico, Australia and California, gathered on the lands of the Pascua Yaqui Nation of Arizona on August 6th in honor of this year’s International Day of World’s Indigenous Peoples, August 9th 2011.  
Lenny Foster, Navajo Nation

We discussed strategies for the full implementation of the UN Declaration on the Rights of Indigenous Peoples and other International Human Rights standards.   We also shared examples of the ongoing violations of our human rights in Arizona, throughout the US, in Mexico and around the world.   Nearly  8 months after the United States became the last country in the world to express its support for the UN Declaration,  we continue to experience violations of our Treaty rights,  cultural and spiritual rights, rights to our traditional lands,  water, food sovereignty and traditional economies,  contamination of our environment through mining and the export of banned pesticides from the US to Mexico and other countries, disproportionate rates of incarceration and denial of freedom of religion for Indigenous prisoners, destruction of our sacred sites and the imposition of colonial borders and racist immigration policies that target Indigenous Peoples in Arizona and throughout this continent.

La Alianza Indigena Sin Fronteras
We affirm article 43 of the UN Declaration on the Rights of Indigenous Peoples which states that “the rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.”  We recognize that all of the human rights violations and threats that we continue to confront are also violations of the rights affirmed in the Declaration, which is now universally supported, but not implemented, by the States (countries) of the world.   We agree that full and unqualified implementation by the US and all other States is the challenge and the goal.  We will continue to hold them to their commitments and obligations in this regard.  
Jose Matus and Andrea Carmen
On the 11th commemoration of the Day of the Worlds Indigenous Peoples we make the following affirmations and recommendations:

1)  We call upon the United States, Mexico, Australia and all other States and Nations to fully implement the UNDRIP and to abandon any attempts to qualify the inherent rights  it recognizes, including but not limited to the rights to free, prior and informed consent and  self-determination.   

2)  We  affirm that UN Declaration does not distinguish between “recognized” and “unrecognized” Indigenous Peoples, or give the discretion to  States to discriminate in the implementation  of the rights it contains based on this or any other form of legal status; in fact it affirms non-discrimination as a core right and principle in a number of its provisions.

3)  We call upon and encourage Tribal Nation governments to endorse the UN Declaration and call upon all Indigenous Peoples, Nations, Tribes and organizations to use it, cite it, assert it, and insist on full compliance and implementation in all of our interactions with federal governments and all of their subsidiaries (states/provinces and local governments as well as corporations licensed under the laws of these governments).

4)  We call for the establishment of just and effective mechanisms and processes in the US and other States to ensure oversight and implementation of their human rights obligations, including the Nation-to-Nation Treaties and Agreements they concluded with Indigenous Peoples, and that these mechanisms and processes be created and implemented in full partnership with Indigenous Peoples.

5)  We affirm that we are Indigenous Peoples without borders.  We strongly condemn current State border and immigration policies which violate the rights affirmed in Article 36 of the UN Declaration on the Rights of Indigenous Peoples, the Universal Declaration on Human Rights and other international standards, and we call for a study by the UN Expert Mechanism on the Rights of Indigenous Peoples and a focused investigation by the UN Special Rapporteur on the Rights of Indigenous Peoples to address these violations.  We also reaffirm our adamant rejection of AZ SB1070, HB 2281 and all other measures that promote racial profiling and cultural genocide.

6)  We support the call for regional hearings on the impacts of the Doctrine of Discovery to be held before the 11th session of the UN Permanent Forum on Indigenous Issues.  

7)  We endorse the work of the North-South Indigenous Network against Pesticides and call for a halt to all forms of toxic contamination impacting the health of Indigenous Peoples and the full implementation of Article 29 of the UNDRIP.   We call upon the US to immediately halt production and export of pesticides that have been banned for use in the US.

8)  We call for, and insist upon as essential to our collective survival, the protection of our sacred sites, areas and places, as well as our traditional cultural knowledge in accordance with Articles 14, 25, 26, 31 and others in the UN Declaration; we express in particular our support for the Indigenous Nations working for the protection of the sacred of sites and areas presented at this gathering.  In addition we fully support Indigenous Peoples’ work to reclaim, restore and heal the sacred places which have been jeopardized by unwanted development, laws and policies, and the restoration and repatriation of our sacred objects and ancestral remains.        

9)  We look forward to presenting the issues and concerns we have discussed during this gathering to the UN Special Rapporteur on the Rights of Indigenous Peoples during his upcoming US Country visit and Consultation on the Implementation of the UN Declaration on the Rights of Indigenous Peoples in the United States.  We offer our full support to his work in this regard.     

10)  We thank the Pascua Yaqui Tribe of Arizona for their generous hospitality, the Yoemem Tekia Foundation for the traditional meal they provided, and the International Indian Treaty Council and the Indigenous Alliance Without Borders for their coordination of this important gathering.   

11)  Finally, we express our continued solidarity and firm support for each other’s struggles and achievements.  As Indigenous Peoples, we commit to stand together, and to continue coalition-building between our Peoples, organizations and Nations.  
Professor Gloria Valencia-Weber

We affirm our sacred inherent rights to live as who we are.   For our ancestors, our Nations and our future generations, our sacred Mother Earth and for all members of the human family we make this proclamation by consensus,

August 6th 2011, Pascua Yaqui Pueblo, Arizona

 Saturday, August 6, 2011 

world indigenous peoples day 2011 


United Nations Permanent Forum for Indigenous Peoples
Framework of Dominance
Preliminary Study on the Impact of the Doctrine of Discovery

July 1, 2012
Mensaje al Mundo