White House Environmental Justice Advisory Council
Public Meeting
June 13-14, 2023
Phoenix, AZ
Public Comment
By
Tupac Enrique Acosta
TONATIERRA
The Right of Free, Prior, and Informed Consent
and the
Principles of Environmental Justice
YouTube:
Decolonize Environmental Justice
“We call upon the White House Environmental Justice Advisory Committee to recommend to the City of Phoenix the implementation of an effective policy of Cultural Competency in the planning department of the city as a necessary civil rights guarantee to insure the realization of Environmental Justice in all public projects of development and/or redevelopment going forward.”
In late 2021, our organization became informed regarding concerns from neighborhood residents about the lack of information and communication regarding the Land Reuse Area (LRA) planning process in the Nuestro Barrio neighborhood, where decades public policies have devastated one of the oldest Mexican communities in Phoenix, lying in the flight path of Sky Harbor International Airport. The expansion of Sky Harbor Airport and the subsequent commercial development that has brought about the physical and cultural devastation of this community is a classic example of environmental racism.
We approached the City of Phoenix Development Office in December of 2021 with a set of questions requesting clarifications and advice on how to best proceed to best address the flaws, inconsistencies, and systematic pattern of discrimination against the Mexican Community residents of the Nuestro Barrio neighborhoods.
To date, none of these questions have been substantively answered.
One of these questions from the initial communique to the city in 2021 was the following:
• Regarding the 743 City-owned vacant parcels in the LRS area, how does the stated strategy of "accelerated" "market driven" development integrate the criteria of the Principles of Environmental Justice.
January 7,2022 response from the City of Phoenix:
“This may be addressed during the Request-for-Proposal process.”
It is the position of TONATIERRA that the implementation of the criteria of the Principles of Environmental Justice is not an issue that “may” or “may not” be addressed in the active Request For Proposals (RFP) process that is now being finalized in the Land Reuse Area that includes the Barrio Cuatro Milpas and Barrios Unidos Park in the Nuestro Barrio neighborhood.
Sixth Sun Stone Monument at Barrios Unidos Park
Message to the City of Phoenix
Public Petition in Solidarity with the International Recognition of the Sixth Sun Stone Monument at Barrios Unidos Park
The Principles of Environmental Justice constitute a necessary response and remedy to address the systematic violations of US Civil Rights laws in the context of public policies and discriminatory practices of environmental racism across the country. This is a civil rights issue, an issue of an ongoing pattern of discrimination, displacement, and the denial of the collective human rights of the Indigenous Peoples of the Treaty of Guadalupe Hidalgo territories (US-Mexico 1848), including the Chicano-Mexicano barrios of central Phoenix.
The lack of substantive response to our initial set of questions as submitted to the Economic Development Department of the City of Phoenix in December of 2021, must now be addressed as blatant and persistent acts of malfeasance and discrimination by officials of public office in violation of the Right of Free, Prior, and Informed Consent and the Principles of Environmental Justice.
As a grass roots community based organization of Indigenous Peoples, it is the position of TONATIERRA that the international Human Rights standard of Free, Prior, and Informed Consent must now be linked to the Civil Rights guarantees of the Principles of Environmental Justice across the board of US jurisdictions, and that effective reporting mechanisms be brought to bear to monitor these violations of human rights in the context of the obligations under International Law that the US must comply with as a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
From Civil Rights to Human Rights
Indigenous Rights
and the defense of the
Territorial Integrity of Mother Earth
TONATIERRA
July 15, 2022
Comment and Information
In response to the:
Combined tenth to twelfth periodic reports submitted by the United States of America under article 9 of the Convention
United Nations
COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
(CERD)
107th session (08 -30 August 2022)
Submitted by: Continental Commission Abya Yala
Secretariat: TONATIERRA
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United Nations Declaration on the Rights of Indigenous Peoples
September 13, 2007
Article 11
1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
Article 15
1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.
Article 18
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
Article 19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
Article 20
Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
In furtherance of which we affirm and now proclaim our mutual commitment to defend and protect the Territorial Integrity of Mother Earth as a fundamental tenet of International Law which integrates the Right of Self Determination of the Nations of Indigenous Peoples to intervene in the defense of Mother Earth and to take necessary corrective action in exercise of the right of Free, Prior and Informed Consent in defense of their territories and nations.
Continental Commission Abya Yala
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