Saturday, December 24, 2011

La Palabra de TONATIERRA: Melendres vs. Arpaio

Press Release
December 24, 2011 
Phoenix, Aztlan 
Donde vive el espíritu de la verdad

La Familia
Charcoal and Pencil portrait by Joaquín Chiñas
"Stopping Mexicans to make sure they are legal is not racist.  If you have dark skin, you have dark skin! Unfortunately, that is the look of the Mexican illegal."
Files of Maricopa County Sheriff J. Arpaio,
quoted on page 28 of US District Court Case 2:07-cv-02513-GMS
Document 494 12/23/11
Al leer la decisión del Juez Federal Murray Snow sobre Arpaio, muchos gritan de gusto, “esto es el fin de Apayaso.” Otros se dirán, “¿Y que le van hacer?” Aun otros, sus seguidores, seguirán planeando para darle un vuelco político o utilizar las huecos legales en la ley para seguir persiguiéndonos como bestias.

Y nosotros, como pueblo enraizado en estas tierras, “¿Que vamos hacer?” 

Aun si se le niega en la decisión utilizar leyes civiles de inmigración para arrestarnos, se le permite perseguirnos bajo las leyes criminales, aun las estatales como la SB1070.  Sabemos que el siempre se ha inventado crímenes para deportarnos y dividir nuestras familias. Sin embargo, el Juez fallo en favor de Arpaio al negar que David y Jessica Rodríguez fueron detenidos y cuestionados injustamente por el color de su piel, mientras otros de piel pálida no fueron molestados al entrar en una área restringida al estar cerrado el camino.

Por otro lado en el caso de Manuel Nieto y Velia Meraz se lavo las manos enviándolo a juicio por tener versiones en conflicto entre lo que dijeron los alguaciles y las familias afectadas. Pero nos dio el gano, al prohibir a los alguaciles perseguir a personas sin sospecha o causa probable que un crimen ha sido cometido, dejando entredicho que fueron parados sin razón.



No nos queda otra mas que seguir organizándonos, luchando, y concientizándonos en la realidad de quien somos. No somos “ilegales” aun si la corte así nos llame, no somos *Hispanos,” porque no somos de España, Ni somos **“Latinos,” aun si así nos bautizo el vaticano como si fuéramos parte del Imperio Romano cristianizado. 

Somos seres humanos y parte de los pueblos originales de estas tierra. Somos indígenas Yaqui, Azteca, Maya, Raramuri, Apache, y cientos de otros pueblos originales. Joe Arpaio, no tiene ningún derecho de deportarnos, la administración Obama o la que sea tampoco, el único que nos puede deportar es el gran creador, al enviarnos a la frontera de la vida y la muerte. Fue la creación que nos dio el pasaporte para portar este cuerpo temporal y es la misma creación la que no las puede quitar. Lo demás es producto de leyes basadas en la enajenación del ser humano, en la enajenación de nuestra realidad natural en desarmonía con los elementos de la vida. 

El Fuego, El Aire, La Tierra, y El Agua, aun después del fin de nuestro cuerpo seguirán existiendo por el universo entero. Ningún juez puede citar este precedente basado en la ley constitucional de estados unidos.



Tenemos que aguantar y luchar contra los opresores uniéndonos en familias que luchan por el bienestar físico, moral, y espiritual de nuestros hijos para que no tengan que vivir temiendo la separación, la muerte violenta, la represión sistemática del estado. Unámonos para construir Comites del Barrio autónomos, que se reconocen a si mismos y sus valores milenarios.  Rebasemos las instituciones estatales existentes que son creadas para el control psicológico mental en una GUERRA antigua por exterminar nuestra cultura, nuestra espiritualidad, nuestra conciencia milenaria.

Nos cortaron nuestros frutos, nos cortaron nuestras ramas, nos cortaron nuestros troncos, pero nunca jamás lograron arrancar nuestras raíces.”   

Escuche su programa de los Comites de Defensa del Barrio Lunes, Martes y Viernes de 4 a 5 de la tarde en su estación 1190 A.M. o en internet en: www.onda1190am.com 

La High School Esperanza lo invita a matricular sus hijos el próximo semestre.  Llame al (6020 996-1125.
Anchor Babies of 1492
 ###
Origins of Racial Profiling in the State of Arizona
The Master's Narrative

Treaty of Guadalupe Hidalgo 1848
ARTICLE IX
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.
* The term Hispanic was first adopted by the United States government in the early 1970s, during the administration of Richard Nixon.  It has been used in the U.S. Census since 1980.

** The term "Latin America" was used for the first time in the nineteenth century when the French occupied Mexico (1862–1867), leading to the Second Mexican Empire, and wanted to be included in what was considered Spanish America.
 ###

Thursday, December 22, 2011

Press Release: Melendrez vs. Arpaio "No Inherent Authority"

Los Comités de Defensa del Barrio
 Barrio Defense Committees 
PRESS RELEASE 
Date:  December 22, 2011 
"Arpaio has no inherent authority to enforce civil immigration laws." 
The CDB Families and Community at Large
expecting decision on the


Phoenix, AZ -  US Disctrict Court Judge Snow will rule within 48 hours on the Melendrez vs. Arpaio case. His decision whether to send it to trial or judge on the evidence presented will have major implications for community policing within Arizona and Nationally. 

The attorneys for Arpaio acknowleged today that Arpaio does not have “inherent authority” to enforce civil immigration laws. This is already a huge victory for the community represented by ACLU and MALDEF.

Sheriff Arpaio had spent thousands of dollars to prove their inherent authority to enforce “civil immigration law” bringing extreme anti migrant attorney Chris Kobach to train his non-287(g) officers on how to enforce immigration law even without the Federal Agreement. 

“Arpaio is only the symptom of a disease that lies at the footsteps of Homeland Security Secretary Janet Napolitano and President Obama himself,” concluded Salvador Reza present at the hearing. 

The families and community at large united within the Barrio Defense Committees awaits the decision with great expectation given the fact that other police officers utilize the “discretion” under the SB1070 provisions to racially profile. 

“The Obama Administration enabled the monster called Arpaio. It is time for the Obama Administration to dismantle the 287(g) programs and Secure Communities nationwide and stop the horror stories throughout the nation,” said Anayanse Garza, CDB organizer after the Court Hearing today at the Sandra Day O’Connor Federal Courthouse.



###

Thursday, December 15, 2011

COMMUNITY INDICTMENT AGAINST MARICOPA COUNTY SHERIFF J. ARPAIO (Et Al)


FOR VIOLATION OF CIVIL AND HUMAN RIGHTS OF CITIZENS AND NON-CITIZENS PROTECTED BY THE
US CONSTITUTION, THE UNITED NATIONS
UNIVERSAL DECLARATION OF HUMAN RIGHTS
AND THE
UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES


TO WIT:

18 U.S.C.  § 241    
Section 241: Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured - They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.


18 U.S.C.  § 242

Section 242: Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
*******

United Nations Universal Declaration of Human Rights
Adopted on December 10, 1948
by the General Assembly of the United Nations (without dissent)

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

*************

United Nations Declaration on the Rights of Indigenous Peoples
Adopted by the General Assembly September 13, 2007

Article 36

1. Indigenous Peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.

2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

********************
ORDER TO APPEAR
Before the
Human Rights Commission
of the
Comités de Defensa del Barrio
September 2, 2010
The Spirit of Justice, the True Light of Law

In the Spirit of Truth

Friday, December 9, 2011

We, the Peoples: ENDGAME and Arpaio

Office of Detention and Removal Strategic Plan
2003-2012
Detention and Removal Strategy for a Secure Homeland
Policy of the Obama Administration 
Immigration, Customs, and Enforcement Department (ICE)

Editorial
Tupac Enrique Acosta 
We, the Peoples: ENDGAME and Arpaio 

The issue is public health and safety, and the responsibilities we share collectively in society to support the enforcement of public health and public safety policies that protect us all.  We are ALL members of the PUBLIC, whether we possess or do not possess status as citizens or nationals within the REPUBLICS of the NAFTA regime (Canada-US-Mexico). The status of citizenship is a separate issue.

The rights of possession of status before the state are distinct from the exercise of responsibilities and Human Rights that are inherent to all Peoples equally anywhere in the world.  The issue of status in terms of citizenship and nationality among the countries currently enjoying international recognition within the UN system and the Organization of American States in North America is relevant in the discussion, formation, and implementation of public health and public safety policy, but it is a separate and distinct issue.  This is common sense.

It is common sense to stop at the red light of a traffic intersection.  It could be said that this is the common law of public policy planetarily when it comes to the design and enforcement of public safety policies regarding vehicular traffic on public roadways anywhere in the world.  It is a global standard of public safety and responsibility.

There is no right without responsibility.  With responsibility, with respect for our common humanity begins the conversation on Human Rights standards in society.

In terms public health, we also need to move with parallel standards.  This is not to invoke the “Open Wound” pathology that the extreme right wing degenerate in discourse when they reference the US-Mexico international border.  In fact it was the trans-national corporations themselves who coined the phrase “Down with borders” in the late 60’s to promote their burgeoning global empires, even though the slogan had been first popularized in the 1968 Paris uprising. After Paris, the meme was then deliberately co-opted by IBM and the like to promote corporate campaigns intended to structure via transnational compacts (i.e. NAFTA) the institutionalization of the global market place to the benefit of the corporate elites of the Wall States.  The Open Borders concept went from popularity to coin, from a motivation for movements of social justice and global solidarity to instrument of the neo-liberal Chicago school of flat-world economic theory.

The fact is that we have always been a global economy. Traditional indigenous cultures from around the world have always maintained that it is only one Earth, one Water, one Atmosphere, and one Sun that nourishes us all, and all economic systems reflect this interdependent reality as the bottom line - which is not a really a line but an equation. The equation does not simply map the linear flat world logic of dialectics, but it is an expression of the multi-dimensional communication systems of the natural world of QUADRALECTICS: not only dialogue but quadralogue.

What are the factors of this equation? The term economy gives us a clue by the root  "ECO" which also serves in defining the term ECOLOGY. ( From the Greek  "oikos" which means house.)  Traditional indigenous cultures from all continents around the world maintain that the entirety of the ecosystem of the planet is our "house" where we strive with love to realize as "home"- a chante - with our cultures for the future generations of all humanity. This is the law.  This is the precept.  The Mandate of the Indigenous Peoples articulates in law and legend this global ecology of Land-Water : Wind-Fire providing the fundamentals for the jurisprudence of sustainability for all life forms of Mother Earth including our human societies, locally, regionally, continentally, and at the global dimension.  At this point of the of the global climate crisis, this is the platform for the systemic change that is required to move human society towards homeostasis with the natural world which in reality is our only option.   It is the Offering of Cemanahuac.  It is the arrest of TERRACIDE.

These four principles of interdependence provide in scientific formulation and with spiritual revelation the pillars to support the fundamental platform to promote public health policies across the planet, beginning with the Health of Mother Earth. In terms of the sciences of western physics these principle are referenced by the Four Phases of matter, identified as Solid, Liquid, Gas, and Plasma.

The impending scenarios of epidemic and pandemic that accompany the projections of planetary climate chaos now upon us exacerbated by green house gas emissions of the industrialized societies causing global warming, require foresight and planning instruments to address the issues of public health and safety comprehensively. It is essential for the well being and common good of all that all public constituencies have the confidence and access to the public services of health and safety, without prejudice or discrimination.  The policies are also necessary for the simple reason that only by taking this course of action can we preserve the collective dignity of our shared humanity. 

Today outrage and protest once again surround the office of Maricopa County Sheriff J. Arpaio in the wake of recent editorials in the Arizona Republic that bring forward the extreme dereliction of duty and abuse of power that the “Tough Sheriff” has exemplified for so long.  Very long.  Too long.  And so when we hear now of the outrage, protest and see that these denunciations are framed as violations of the peace and protection of the citizens of Arizona, let us also recall that yes, Arpaio will go. He will go on to be a stain on the history of Arizona, whether he RESIGNS or not.  But let us also recall and bring to accountability: We can recall, reject, force the resignation of Arpaio, but unless we address the underlying regimes of racial prejudice that generated the pogrom of persecution across the country ignited by AZ SB1070 we will only have changed a politician and allowed the policy of Arizona Apartheid to continue to perpetuate the crime of state sanctioned racism.

For clarification: Historically, legally, culturally, linguistically and at the psychic dimension the power structures that control and define US Citizenship have been held hostage to the concept and cultural identity of “White Person” as determinant.  In terms of public health, mental health in this case - the meme of "white person" with the accompanying white privilege and power structures of US society are endemic to the point that the fish (European-American constituencies) don't even know they are wet.   In the south this same meme is known within the Latino-Americano context as “el hombre blanco”, or “la gente de razon”. 

These cultural derivatives were launched into the meme stream of AMERICAN society with the Doctrine of Discovery, the Doctrine of Manifest Destiny, and the corollaries of the Monroe Doctrine and the Doctrine of Permanent War, AKA the War on Terror.  The American society we speak of is the continental regime change of October 12, 1492 and its derivative in the form of Divine Right of States that have come about as a result of the ongoing colonization of Abya Yala [the Americas] for 520 years.

We must not only call for the Sheriff J. Arpaio to RESIGN, we must also wake up to the climate of collusion and criminal complicity that institutions such as the American Legislative Exchange Council (ALEC), and their local henchmen have made the norm in Arizona. These entities, agents of Econogenics, have been instrumental in not only propping up former senator R. Pearce, Sheriff J. Arpaio, Governor J. Brewer it must be acknowledged that their effectiveness in Arizona was built upon the pathology of the centuries old psychosis of racial supremacy known as “White America”: the Wall State

The epitome of the Wall State psychosis is the creation, global militarization, and funding of the Doctrine of National Security of the State. With such a doctrine Permanent War inevitable, and as the US military is the major consumer of petroleum across the globe, the invasions in this time of past-the-peak-oil make the Wars of Petropolis in Iraq, in Chiapas, in Ecuador, in Afghanistan all the more ominous and deadly.  As Winona La Duke stated, referencing the demographic demise of the Wall State majority of America: “If America is an experiment in democracy, Arizona is the meth lab.”

And so, as the Occupy Wall Street movement also engages this pathology in every General Assembly across the land, we as Nican Tlacah Cemanahuac - Indigenous Peoples of Mother Earth also ask for healing, for health.   We do not propose unity, but strive instead to live with integrity.  We also ask consideration of the voice of those who are not heard, because they have yet to be born: the Future Generations.  Listen.  Listen to voice of human conscience that is the seed of Tree of Ancestors, which is also inherent in all of us and perhaps this time, here in Arizona what should have occurred on October 12, 1492 - can finally and for the first time be discovered. 

Let’s not just put new clothes on the same old empire.

Can the European-Americans give up on their cultural addiction to the psychological pathogen of being “White People” ?

Let us consider movement beyond the Occupy Wall Street meme towards the Liberation From Wall State.  The Wall MUST Fall.  The artificial realities constructed by the walls of colonialism, racism, ignorance, and fear must be washed away by tonal waves of Human Cognition, and in support of local-global policies that recognize, respect, protect and sustain us all.  In this new world built upon fundamental ancient principles, love for Mother Earth and the legacy the most original human societies of the planet, let us fight together to defend our Civil Rights, our Human Rights, Indigenous Rights and the Rights of Mother Earth.

Let us engage collectively and creatively as society in the work of Public Health and Public Safety. Let us accomplish first the fundamental realization that we are all Human Beings with responsibilities to the health of the natural world that we share equally and Human Rights that we also share equally, including the Right of Self Determination. Let us bring about systemic change to address the local-global climate crisis.  Let us heed the call: the Wakeup Call from the Nightmare of Manifest Destiny.

Tehan Titlacah : We, the Peoples : Nosotros, los Pueblos

Nahn-coh-Mahss O'otham

TONATIERRA
www.tonatierra.org
Link:
YouTube:
Derrick Jensen at Occupy Washington DC

 Endgame Overkill

2010 Soundcloud Prescript:
Wakeup Call from the Nightmare of Manifest Destiny
Huehuecoyotl

“Wakeup and smell the reservation.  We’re the victims of AZ1070, but that’s not new.  We’ve been victims all along.  The real target of these legislative attacks are the European-Americans themselves, a Shock Doctrine tactic whose purpose is to align the constituencies of white supremacy, on both sides of the border, by driving them into the psychological reservation of thought patterns of the Masters’ Narrative that legitimizes the blatant genocide and colonization of the continent by the European-Americans under the regime of the Divine Right of States: the Wall State of White America.”

 

Citizens suffer in Arpaio's wars

The Arizona Republic
Dec. 8, 2011 12:00 AM | Posted in OPINIONS | Source: The Arizona Republic

For many years, a doting public has reveled in the bluster and bravado of Maricopa County Sheriff Joe Arpaio based on a single premise -- a premise we now know to be utterly, transparently false.
Let "America's toughest sheriff" tell the molested kids of El Mirage how tough he is on crime.

Let him explain to them how his incompetent administration scarcely lifted a finger to investigate hundreds of sex-crime cases Valley-wide -- many of them perpetrated against children; many with easily identifiable suspects -- to say nothing of numerous other crimes, including homicides, that Arpaio's investigators did virtually nothing to close.

The sheriff on Monday offered up a facsimile of an apology for the dereliction that adds to his legacy of contempt for critics. He said: "If there were any victims, I apologize to those victims."
If ... there ... were ... any ... victims. The reams of botched investigations include that of a 9-year-old girl who reported that her grandmother's live-in boyfriend repeatedly attacked her in her bedroom. They include a 15-year-old girl who ran terrorized into a store crying that two men had just raped her. They include victims as young as 2 years old.
None of the investigations of these cases, and hundreds more like them, went anywhere.


But by all means, sheriff, do cast your usual miasma of doubt on the veracity of your accusers. By all means lace your insulting apology with hints that there is nothing to this alleged crime scene and everyone should just move along.

As reported in May by The Republic's JJ Hensley and Lisa Halverstadt, an audit of Arpaio's police work over the past several years has produced a record that is stupifying to genuine police investigators.

When real police officers took over the train wreck Arpaio's office had made of crime investigations in El Mirage, the new police chief told Arpaio in 2008 that he had reviewed 51 serious crime investigations opened while the sheriff's office had been responsible for policing El Mirage. Of those, 43 investigations had not been worked at all, or had minimal follow-up conducted.

"Many of the cases had known suspects listed in the reports," wrote newly-appointed El Mirage Police Chief Michael T. Frazier. "More than 90 percent of the cases had workable leads. The majority of these cases involved small children and young teens as victims."

The investigations went nowhere. Even Arpaio's investigation of Frazier's complaints went nowhere.

Implausible as it may seem, the behavior of the sheriff and his top deputies merely worsened after the Sheriff's Office finally was tossed out of El Mirage. As a parting shot at the beleaguered town for refusing to renew its contract with them, Arpaio and Hendershott ordered a massive sweep of the largely Hispanic West Valley town for suspected illegal immigrants. A rawer, more unadulterated act of contempt is difficult to contemplate.

In part, the scandal of Arpaio's dereliction of duty has gone national thanks to the terrible stories of sexual abuse of children now churning in the East. But unlike those incidents , this Arizona scandal is not a question of officials performing the bare minimum of their duty. It is a matter of the protectors of the peace leaving children altogether to the mercy of their predators.

Much of this coincides in time with the sensational political wars Arpaio waged against the county supervisors, judges and administrators. And there is some evidence that his political fights took precedence over proper oversight of his criminal investigators.

If so, there simply is no greater abrogation of duty a law-enforcement official could commit.

While citizens suffered, Arpaio played politics. "America's toughest sheriff," indeed.