Drying of the American West

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“For most people in the region, the news hasn’t
quite sunk in. Between 2000 and 2006 the seven
states of the Colorado basin added five million
people, a 10 percent population increase.
Subdivisions continue to sprout in the desert,
farther and farther from the cities whose own
water supply is uncertain.”
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National Geographic
February 2008

Drying of the West

The American West was won by water management.
What happens when there’s no water left to manage?
http://ngm.nationalgeographic.com/ngm/2008-02/drying-west/kunzig-text.html

When provided with continuous nourishment, trees, like people, grow complacent.

Tree-ring scientists use the word to describe
trees like those on the floor of the Colorado
River Valley, whose roots tap into thick
reservoirs of moist soil. Complacent trees aren’t
much use for learning about climate history,
because they pack on wide new rings of wood even
in dry years. To find trees that feel the same
climatic pulses as the river, trees whose rings
widen and narrow from year to year with the river
itself, scientists have to climb up the steep,
rocky slopes above the valley and look for
gnarled, ugly trees, the kind that loggers
ignore. For some reason such “sensitive” trees
seem to live longer than the complacent ones.
“Maybe you can get too much of a good thing,”
says Dave Meko.

Meko, a scientist at the Laboratory of Tree-Ring
Research at the University of Arizona, has been
studying the climate history of the western
United States for decades. Tree-ring fieldwork is
hardly expensive-you need a device called an
increment borer to drill into the trees, you need
plastic straws (available in a pinch from
McDonald’s) to store the pencil-thin cores you’ve
extracted from bark to pith, and you need gas,
food, and lodging. But during the relatively wet
1980s and early ’90s, Meko found it difficult to
raise even the modest funds needed for his work.
“You don’t generate interest to study drought
unless you’re in a drought,” he says. “You really
need a catastrophe to get people’s attention,”
adds colleague Connie Woodhouse.

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Fostering Better Forest Policy With Science

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Fostering Better Forest Policy With Science

By Cameron Naficy

A widespread notion is that fire suppression has greatly altered fire regimes across
the West and is therefore largely responsible for the large, severe wildfires
witnessed in recent years. This logic even lies at the base of national policies
such as the Healthy Forests Restoration Act (HFRA) and Healthy Forests Initiative
(HFI) which emphasize widespread logging and prescribed fire to ameliorate the
effects of fire suppression and reduce the likelihood of large fires. However,
significant scientific debate exists about the extent and historical causes of forest change as well as the best management responses to these changes.

Recent studies have begun to highlight many potential dangers of rushing
headfirst into widespread logging and burning practices, as is currently advocated
by national policies. Just as fire suppression was thought to be a beneficial policy
for forest health and public safety and yet we now find ourselves in part the victim
of a century of fire suppression policies, we need to be sure that current thinning
and burning policies do not, in the long run, actually worsen the very problem they
aim to solve. In order to avoid such an outcome, solid scientific principles must
exist as the foundation of management policy and practice. Over the last several
years, the WildWest Institute has been working with forest ecologists at the
University of Montana to help fill the scientific gap at the base of current national forest policies. The following is a brief review of our research and other relevant scientific findings that should help to form the basis for forest management policies and practices on public lands.

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Coal, Colombia, and New England

The dirty story behind local energy.

Eastern Massachusetts hums comfortably on Colombian coal. But the mines are devastating land and lives in the Guajira peninsula.

By: AVIVA CHOMSKY

http://thephoenix.com/article_ektid48183.aspx

10/1/2007 10:28:47 AM Aviva Chomsky is a professor of history and coordinator of Latin American, Latino, and Caribbean studies at Salem State College, and the co-editor of The People Behind Colombian Coal: Mines, Multinationals, and Human Rights. She has led three delegations to the Colombian coal region, most recently in August 2007. She can be reached at achomsky@salemstate.edu.

ALBANIA, COLOMBIA — It’s hard to imagine that a town as poor as this one could have a slum. But on the rutted dirt roads leading off the town’s central plaza, many newcomers have constructed makeshift dwellings in the shadows of “overburden” — mountains of waste soil and rock — removed by the coal mine only a few kilometers away. The shacks have dirt floors and, when the wind blows in the wrong direction, the air is thick with dust. Six years ago, Albania’s newest arrivals led a different sort of life in a town that has since been wiped off the map. They were farmers, largely self-sustaining, who supplemented their living with cash from surplus crops of lemons, plantains, and grapefruit. Their lives were not idyllic, but neither were they wretched. The town they then called home was Tabaco. Today Tabaco is a memory, obliterated as it was on August 9, 2001, to allow for expansion of the world’s largest open-pit coal mine. On that day, employees of the Cerrejón Zona Norte mine — supported by armed security guards, the national police, and the army, which dragged some residents from their homes by force — leveled the town with bulldozers, evicting Tabaco’s 700 residents and razing its every structure. The coal from that mine now fires power plants in the Bay State. Anytime anyone in Eastern Massachusetts flips on a light switch, there’s a better than 25 percent chance the illumination they enjoy comes as a result of the misery inflicted on the displaced residents of the now non-existent town. One of the people displaced by the massive, 30-by-five-mile Cerrejón mine was Aura Pérez, then age 70. “[Tabaco] was very beautiful,” she mourned in a videotaped testimonial, as she stood before the ruins of her house on that fateful August day. “There was plenty of food — the people here hardly ever got sick because everything was clean. There was a beautiful pond, unpolluted — this was what life used to be like here. It was very safe; you could go wherever you wanted, at any hour of the day or night. . . . Look how it’s all destroyed. They destroyed everything.” Some 100 of the people displaced on August 9 took refuge in Tabaco’s school, which had been left standing. When it was razed in January of 2002, they moved to a plot of land they had formerly farmed that had since been purchased by the mine. They slept in hammocks. In April, the mine company evicted them from there, as well. By November, Aura Pérez was dead. “She died of impotence,” says her brother José Julio Pérez, who also was displaced when Tabaco was destroyed. Aura Pérez was one of 14 people who died in the months after the village was evacuated. “When she became sick,” her brother explained, “there was no way to get the medicine she needed. We lost our homes, we lost our land, we lost our community, we lost our livelihoods — we lost everything.”

Another One Bites the Dust.

Tabaco was an Afro-Colombian community founded, according to its elders, by enslaved Africans who rebelled aboard a slave ship at the end of the 1700s, overcame their captors, and reached land on the northern Colombian coast as free men and women. They traveled inland and established several free villages near the Ranchería River. In this remote, windswept region, they farmed and traded with local indigenous Wayuu for 200 years — until the coal mine came and everything changed. Under Colombian law, Afro-Colombian and indigenous communities can claim collective legal title to lands that they identify as ancestral lands. Although Tabaco’s residents have farmed the land around their former village for generations, they can’t pursue a legal claim because the land no longer exists — it has been swallowed up by the mine since Tabaco was displaced in 2001. That’s because Tabaco, in northern Colombia’s resource-rich Guajira peninsula near the Venezuelan border, sat on top of some of the hemisphere’s largest remaining coal deposits. In the 1980s — spurred on by both the high cost of mining and new environmental regulations that required lower emissions in the United States — the Exxon corporation opened Cerrejón Zona Norte. The country’s second-biggest mine, La Loma — owned by the Birmingham, Alabama–based Drummond Company — soon followed in neighboring Cesar Province. Today, Tabaco lies buried in the huge, gaping gash of Cerrejón. Its residents have scattered, and about 60 families have crowded into inadequate provisional dwellings in the town of Albania. The central plaza of Albania seems a cheerful place. It’s ringed with stores, restaurants, and bars, and bustles with activity, conversation, and strains of music. The air, though, is filled with a fine-grained dust that permeates everything, especially when the wind is blowing in the wrong direction. Tourists rarely go to Albania, and if they did, there would be no reason for them to spend much time there. If you do stay for more than a day or two, however, you begin to wonder: why aren’t the children in school? Why aren’t the adults working? Driving into town, you pass a large billboard advertising ALBANIA: THE BLACK PRINCESS OF LA GUAJIRA. Behind the words, you see two possible interpretations for the appellation. One is the smiling faces of people, obviously of African origin, who seem to be representing the province or the town. The other is the coal mine. Under the land of Albania, and the whole region surrounding it, is coal. Lots and lots of coal. Coal mining is dirty business. Underground coal mines pose huge risks to the people who work in them: explosions, accidents, cave-ins, and poisoned air have killed thousands of coal miners over the years. Just this past month, six miners died trapped underground at the Crandall Canyon Mine in Carbonville, Utah, while three members of the rescue team were also crushed to death. As the rescue attempts continued at Crandall, three more were killed in a coal-mine accident in Indiana. Surface, or open-pit, mines pose different risks. Whole ecosystems are destroyed when miles of land are dug up to access the coal underneath it. In the Guajira, rivers and streams have been diverted, desertification has spread, and whole species — such as the iguana and the howling monkey — have disappeared or been supplanted. Too often, these ecosystems include people who are simply deemed dispensable by the mining companies, the power companies that buy the coal, and the consumers of electricity produced by the power companies. In Colombia, these are indigenous Wayuu and Afro-Colombian people who have inhabited the desert of La Guajira for hundreds or even thousands of years. And among those who benefit from their displacement might well be you. The Cerrejón coal mine has been operating in the region since the 1980s, extracting more than two million tons of coal a month. All of the coal is exported, 20 percent to the United States — most of it to fire East Coast power plants. Massachusetts is the only New England state to rely heavily on coal for producing electricity. One-fourth of its electricity comes from burning coal, in three separate plants: the Mount Tom plant in Holyoke, the Salem Harbor plant in Salem, and the Brayton Point plant in Somerset. (Although Rhode Island itself uses no coal, the Brayton Point plant, on the Massachusetts–Rhode Island border, is the largest source of pollution in that state.) East Coast industries and power plants used to rely on coal brought in by rail from Appalachia and the southeastern US. But beginning in the 1970s, environmental regulations started requiring power plants to lower their emissions. The idea behind the legislation was for plants to upgrade their equipment and install scrubbers that would catch toxic particles (sulfur dioxide and nitrogen oxide) during the burning process. But many plants found that they could reduce their emissions by simply switching to higher-quality, cleaner-burning coal, such as could be found in the open-pit coal mines of the western United States. By the 1980s, two major US energy companies, Exxon and Drummond, were exploring another source: Colombia’s vast, untapped, and clean-burning coal deposits. Soon these two companies were shutting down their US mines to shift production to Colombia. Not only was its coal clean, it was inexpensive: government subsidies and cheap labor provided an important incentive. And Massachusetts plants soon had another reason to make the switch: it’s actually cheaper to ship the coal by sea from Colombia to the ports of Massachusetts than it is to move it by rail from mines in Illinois and Wyoming.

Postcards From the Edge.

If you follow the road out from Albania, you come to more tiny settlements with picturesque names: Chancleta, Patilla, Roche, Tamaquito. But the villages are anything but picturesque. If Albania offers at least a veneer of activity and life, these villages, according to one union leader from the mine, belong to the “living dead.” Barefoot children with distended bellies cough or lie listlessly. While an American visitor watches, a toddler coughs up a parasitic roundworm. Gaunt adults sit in scarce patches of shade among wattle-and-daub huts. Oil barrels with MOBIL stamped on the side collect sparse rain water, left over from the days when Exxon-Mobil owned the mine. (In 2002 Exxon sold its operation to the current owners, a consortium of multinationals, three of the largest mining companies in the world: BHP Billiton, based in Australia; Anglo-American, a British-South African company; and Glencore/Xstrata, in Switzerland.) Although the coal from this region powers electricity here in Massachusetts, as well as much of the rest of the US and Canadian Eastern Seaboard, Europe, Israel, and Japan, Colombians see the coal only in the displacements, the contaminated air, and the scars on their land. The indigenous Wayuu village of Tamaquito has no electricity, nor health services, running water, or schools. It is surrounded by fertile farmland, where community members used to plant their own crops and find work on surrounding ranches. Tamaquito’s children used to attend primary school in Tabaco. Now the company has bought all of the farmland, leaving the village an isolated island. “Tamaquito is a very, very poor indigenous community,” explains Jairo Dionisio Fuentes Epiayu, the native governor. (Tamaquito is governed by traditionally elected authorities.) “We are suffering a lot here because the mine has completely surrounded us. We don’t have access to the roads to move or leave our village. We have to walk on trails, and it takes four or five hours to get to Patilla [the nearest village]. This means we don’t have access to anything. Cerrejón won’t even let us on its property to hunt. We used to support ourselves by hunting, by planting, but now that Cerrejón has bought up everything around it, we have no way of surviving.” Cerrejón’s slogan is “Coal for the world, progress for Colombia.” It’s repeated on the company’s Web site, in its advertisements, and on billboards ubiquitous in the province. Eder Arregocés, a community leader from Chancleta, takes an ironic view of these oft-repeated words. “If that is so, I’d like to know, to what country do the towns of Chancleta, Roche, and Tabaco belong? There are droves of young people just wandering around because there is no school, there is no work. It may be one of the largest coal mines in Latin America, but most families here eat one meal a day.” “At first we believed what they said, that the mine would bring progress for Colombia,” adds Inés Arregocés, another villager displaced from Tabaco. “But now we see that it’s sadness and destruction for Colombia, because we were displaced from our homes, from our lands. . . . They are dumping huge piles of earth where our houses, our streets, our schools used to be. And now it’s just giant mountains of dirt, contamination, and suffering for us.” “We’ve gone from being a productive community,” adds Wilman Palmezano of Chancleta, “to a community of paupers.”

Silver and Coal.

Although the mine’s impact on local communities has been devastating, some people inside Colombia and outside are reaping benefits from the operation. The most obvious beneficiaries are the management-level employees of the mine itself. Many of them live in the town of Mushaisa, inside the gated compound of the mine. There they enjoy a quiet suburban lifestyle that seems light-years removed from the villages outside. Paved, well-lit streets are flanked by green lawns and brightly painted houses. Tennis courts, swimming pools, movie theaters, and shops provide entertainment and supplies. Electricity flows everywhere, and water runs sparkly clean from the taps. Children attend one of the country’s best bilingual schools, where they follow a US curriculum. Outside, the illiteracy rate is 65 percent and most children don’t make it past the fifth grade — if they attend school at all. Most of the mine’s 5000 direct employees and 5000 subcontracted workers also benefit from the mine’s presence. The majority of the direct employees have a significant level of technical training, and work operating heavy machinery or in the machine repair shops. They don’t live in Mushaisa — that’s reserved for high-level management. But neither do they live in the impoverished villages around the mine. Most of them come from cities like Barranquilla and Valledupar, where they had access to higher education. A job at Cerrejón is a good job by Colombian standards. Although the pay is far less than a comparable job would pay in the United States, but workers enjoy a strong union, health and education benefits, and pensions. Subcontracted workers are generally not so well-off. They aren’t covered by the union contract, and their jobs are lower-paid and often temporary. Still, a job is a job, and, in a country with a poverty rate of 50 percent and unemployment ranging from 10 to 20 percent in recent years, a job is not to be sneezed at. The company’s profits flow around the world. Coal is now Colombia’s second largest legal export, following oil, and Cerrejón’s exports represent an important source of foreign exchange for Colombia. The company pays royalties of more than $100 million US dollars a year to the Colombian government, much of which is returned to local municipalities. The profits also flow into the coffers of the three multinationals that own the mine, benefiting their employees and executives. And Cerrejón pays out more than half a billion dollars to its shareholders every year. In 2005 it reported close to $450 million in retained profits. The communities affected by the mine got a much smaller compensation from the company’s operation: Cerrejón spent just $2 million in its “communities division.” Even that relatively paltry sum never seems to make it to the people for whom it is earmarked, complain the residents. Most of the money, they say, ends up in the hands of corrupt officials. Cerrejón admits that its royalty payments often fail to reach their prescribed destinations, and in July 2006 implemented an oversight commission to monitor its distribution. The commission has not issued any public report. The company has also, obliquely, admitted that its comportment in the displacement of Tabaco was unacceptable. “We realize that mistakes were made in the case of Tabaco,” said Cerrejón president León Teicher. In Cerrejón’s 2006 Sustainability Report, the company explained that one of its corporate goals is to “prevent the displacement of individuals, groups and communities.” These words ring a bit hollow to Tabaco’s former residents.

Safety Hazards.

In a country notorious for having the highest levels of both government and paramilitary violence, in which trade unionists, journalists, and human-rights activists are often targeted, Estivenson Ávila is a man with a particularly dangerous job. He is the president of the union of workers at the Drummond Company’s La Loma mine, Colombia’s other giant multinational coal pit, which supplies a sizable proportion of the fuel burned in Massachusetts power plants. His two predecessors, Valmore Locarno and Gustavo Soler, were both assassinated by paramilitary forces, pulled off a company bus on their way out of the mine at the end of their shifts. Their families have accused Drummond officials of being behind the murders. Several former paramilitary leaders, now in prison, have testified that they saw the president of the La Loma mine meet with and give money to paramilitary commanders in the region. Drummond categorically denies the charge, though it acknowledges that the right-wing paramilitaries operate openly in the area and that they were responsible for the murders. The victim’s families have brought their case before a US court, with the help of the United Steelworkers and the International Labor Rights Fund. An Alabama jury voted in July that there was insufficient evidence to prove that Drummond was behind the killings. The plaintiffs plan to appeal, arguing that the judge disallowed two of their most important witnesses. Upon hearing the verdict, Ávila commented: “The value of my life has just dropped dramatically. If the company gets away with killing Locarno and Soler, why not just get rid of me, too?” Working conditions at Drummond’s La Loma mine are significantly worse than at Cerrejón. Wages are lower, and health and safety conditions poorer. Workers complain that Drummond’s vaunted “efficiency” tactics severely compromise their health. At a meeting with an international delegation this past summer, union workers explained that Drummond’s system of extracting huge boulders uses a conveyor belt–apron feeder system to drop them into trucks, where the drivers are repeatedly jolted and shaken by the impact. Severe spinal-cord injuries are common. According to the union, more than 150 truck drivers have been injured in this manner, 15 of whom have been permanently disabled. “The company won’t let us see a doctor until our seven-day shift is over,” one worker complains. “Then the company doctor always says there is nothing wrong and makes us go back to work.” In addition, workers say they’re afraid to report injuries, because the company will simply fire them. Communities in the vicinity of the Drummond mine face the same poverty, displacement, and environmental contamination as those near Cerrejón. In the town of La Loma, where most workers retreat to sleep after their 12-hour shifts, they frequently find that there is no water or electricity. “We’re not against coal mining,” says José Julio Pérez, the president of the Tabaco displaced villagers’ committee (and the brother of the late Aura Pérez), who now lives with his wife and five children in a two-room shack in Albania. “We just want the mine to compensate us for the damage it has caused. We’re asking the mine to relocate our community. We just want it to respect our human rights.”

Bridging the Gap.

The impact of Colombian coal on Massachusetts communities is complex. Energy companies, such as Dominion Energy — owner of the Salem Harbor and Brayton Point power plants in Massachusetts, and one of the largest buyers of Colombian coal in the US — tout its environmental benefits: Colombian coal has very low sulfur and ash quantities, so it burns cleaner than most domestic coal. It’s also cheaper than domestic coal, which helps keep down the costs of electricity. But environmental organizations such as HealthLink, a North Shore group founded in 1997 in response to concerns about contamination from Salem’s coal-fired power plant, take a somewhat different view. They believe that switching to a different kind of coal is a Band-Aid solution, or perhaps even a way of evading environmental laws. “In Massachusetts, Colombian coal is a way for Dominion to delay having to install costly capital equipment to meet our state’s clean-air regulations,” says HealthLink founder Lynn Nadeau. In addition, as its name suggests, HealthLink takes a holistic approach to the impact of fossil fuels and the true cost of coal to our society. Shifting coal mining to Colombia doesn’t reduce environmental destruction — it just relocates it. “Colombian coal exploits cheap labor and causes vast environmental degradation [there],” adds Nadeau, “making many areas uninhabitable.” Since 2001, a small group of coal consumers in Massachusetts and elsewhere have pressed Cerrejón — as well as the power companies that buy the coal — to change its treatment of local communities. Some of these Massachusetts residents have lobbied, met with mine and power-plant officials, and visited the Colombian mines to investigate the conditions for themselves. They have also invited union leaders and village representatives from Colombia to Massachusetts on numerous occasions. In Salem, the mayor and the city council have both advocated for the human rights of those affected by coal mining in Colombia. Salem’s mayor, Kimberly Driscoll, issued a statement after meeting with José Julio Pérez, declaring the city’s support for Tabaco’s relocation struggle. The Salem City Council also condemned the mine’s destruction of Tabaco and called for the town’s relocation to be “carried out promptly and effectively, so that the inhabitants of Tabaco can rebuild their community and lead productive, shared lives.” Dominion Energy has been a bit more reluctant to speak out publicly on the issue. Representatives from that company met with Pérez in March 2006 and issued a guarded statement the following month. “Dominion is sympathetic to the problems this village faces. We expect all of our suppliers — domestic and foreign — to adhere to all rules and regulations governing their operations. Dominion would like to see a just resolution to these issues,” it said. The power company formalized its position in a March 2007 letter to all of its coal suppliers, after a visit to the Cerrejón mine that same month. “At Dominion, we think it is important to periodically reinforce to our supply partners our position on ethical conduct and social responsibility,” the letter reads. “This simply means to try to work with regulators, employees, and those directly and indirectly affected by your operations with respect, dignity, and common decency,” including “negotiating in good faith with labor groups and interacting with stakeholders who are impacted by your operations.” Although the letter is careful not to accuse any supplier of violating these principles, it does warn that “it is Dominion’s intention to seek out like-minded suppliers who share our dedicated commitment to these values to be our supply partners.” The company declined, however, to join a fact-finding delegation, as well as several invitations to arrange independent meetings with the mine’s union or to visit the affected communities while in the region. In September 2007, Dominion reiterated that “we are still purchasing coal from South America.” Massachusetts residents who did participate in a fact-finding delegation (organized by this author and by the US-based grassroots organization Witness for Peace) to the mining region this past August took a much stronger view. “Now that I have met the people who are harmed by the mining of the coal that we use in New England, I understand that our lives are as closely connected as if we lived next door to one another,” says Boston-area resident Margey Colten. “I have learned that, whether we are consumers of Colombian coal or managers or shareholders of a mining company, we are all responsible for righting the wrongs that have been done to the people of the Guajira.” Adds Salem State College student Quin Gonnell, “We, as the consumers of this coal, should become aware of what is happening and hold our energy providers accountable for these blatant human-rights violations. Unlike those being starved and displaced in Colombia, we have a voice in this matter. We have the power to make a difference. . . . We must not remain apathetic to the thousands of lives being ruined on our behalf.”

Aviva Chomsky is a professor of history and coordinator of Latin American, Latino, and Caribbean studies at Salem State College, and the co-editor of The People Behind Colombian Coal: Mines, Multinationals, and Human Rights. She has led three delegations to the Colombian coal region, most recently in August 2007. She can be reached at achomsky@salemstate.edu.

To learn more about the devastating effects that coal mining has had on the land and lives of Colombia’s La Guajira province – and how you can help – visit the following Web sites:

Witness for Peace: WFP’s mission is to support peace, justice and sustainable economies in the Americas by changing U.S. policies and corporate practices which contribute to poverty and oppression in Latin America and the Caribbean;

Mines and Communities: an international network of organizations, based in London, working on mining issues;

The Atlantic Regional Solidarity Network: ARSN was formed in 1981 with the objective of improving coordination of Atlantic Canadian work in solidarity with the people of Latin America and the Caribbean. Atlantic Canada also gets a lot of coal from Cerrejon;

The North Shore Colombia Solidarity Committee: The Committee was formed by people from various North Shore communities in Massachusetts in response to the news that a portion of the coal for the Salem, Mass. power plant was coming from a mine in Colombia where human rights violations were being committed against the people in the villages surrounding the mine;

Healthlink: A Massachusetts group whose mission is to protect and improve public health by reducing and eliminating pollutants and toxic substances from our environment, through research, education, and community action.

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Apaches Defend Homeland From Homeland Security

Apaches Rise to Defend Homelands from Homeland Security

http://americas.irc-online.org/am/4884

Brenda Norrell | January 10, 2008

Apache land owners on the Rio Grande told Homeland Security to halt the seizure of their lands for the U.S.-Mexico border wall on Jan. 7, 2008. It was the same day that a 30-day notice from Homeland Security expired with the threat of land seizures by eminent domain to build the U.S.-Mexico border wall. Homeland Security (DHS) declared that it will use the principle of eminent domain to take possession of land currently held by private ownership. DHS has also presented waivers requesting that the landowners grant DHS personnel access to their property for a 12-month period in order to conduct surveys for the intended construction project. The property owners were informed that if they do not voluntarily allow the federal agents on their property, the U.S. government will file a lawsuit to grant Homeland Security authorities unimpeded access to private land, despite the owners’ opposition. Homeland Security has stated that it will seize property even without the consent of landowners if necessary to complete the construction of the border fence. Many landowners, as well as civic leaders and human rights activists, oppose the U.S. government’s plans to allow federal law enforcement agents access to private property. The government’s demands and aggressive tactics are in conflict with settled rights of private property ownership and are particularly disconcerting to the indigenous peoples’ communities impacted by this undertaking. Deep Roots of Resistance The Texas communities along the international boundary zone are largely made up of Native Americans and of land grant heirs who have resided on inherited properties for hundreds of years. Homeland Security plans to complete the Texas portions of the fence before the end of the 2008 calendar year. “There are two kinds of people in this world, those who build walls and those who build bridges,” said Enrique Madrid, Jumano Apache community member, land owner in Redford, and archaeological steward for the Texas Historical Commission. “The wall in South Texas is militarization,” Madrid said of the planned escalation of Border Patrol and military presence. “They will be armed and shoot to kill.” In 1997, a U.S. Marine stationed on the border shot and killed 18-year-old Esequiel Hernandez, who was herding his sheep near his home in Redford. “We had hoped he would be the last United States citizen and the last Native American to be killed by troops,” Madrid said during a media conference call on January 7 with Apaches from Texas and Arizona. Instead, the number of people shot and killed or run over by Border Patrol and other U.S. agents has risen sharply as the militarization continues. Dr. Eloisa Garcia Tamez, Lipan Apache professor living in the Lower Rio Grande, described how U.S. officials attempted to pressure her into allowing them onto her private land to survey for the US-Mexico border wall. When Tamez refused, she was told that she would be taken to court and her lands seized by eminent domain. “I have told them that it is not for sale and they cannot come onto my land.” Tamez is among the land owners where the Department of Homeland Security plans to erect 70 miles of intermittent, double-layered fencing in the Rio Grande Valley. Tamez said the United States government wants access to all of her land, which is on both sides of a levee. “Then they will decide where to build the wall. It could be over my house.” Tamez said that she may only have three acres, but it is all she has. Tamez’ daughter Margo Tamez, poet and scholar, said, “We are not a people of walls. It is against our culture to have walls. The Earth and the River go together. We must be with the river. We must be with this land. We were born for this land.” Margo Tamez added that the recently approved United Nations Declaration on the Rights of Indigenous Peoples guarantees the right of indigenous peoples to their traditional territories. Rosie Molano Blount, Chiricahua Apache from Del Río noted that many people from the Chiricahua Apache have served in the United States military. “We are proud to be Americans,” Blount said, adding that the Chiricahua have always supported the U. S. government. Now, with the increasing harassment of people in the border zone, the local attitude toward the federal government is changing. “Ya Basta! Enough is enough!” Blount said, repeating the phrase that became the battle cry of the Zapatistas in Mexico struggling for indigenous peoples’ rights. Blount said there needs to be dialogue concerning the issues at the border, but not forced militarization or a border wall. She also directed a comment at Homeland Security Secretary Michael Chertoff. “Don’t come here and divide our families, Chertoff. You believe this is the only way to do things.” Michael Paul Hill, San Carlos Apache from Arizona, described how U.S. border agents violated and molested his sacred items, including a sacred stone, Eagle feather, and drum used in ceremonies while crossing the border. After participating in an Apache ceremony in Mexico, when Hill and other Apaches reentered the United States a SWAT team in full riot gear was waiting for them and interrogated them. “They called me a foreigner, ” Hill stated, adding that Border Agents manhandled his ceremonial objects and warned him he might “get away” with crossing the border without intrusive inspections in Nogales, Arizona “but not in Texas.” “It was incredibly frightening,” said Margo Tamez, who was also there. She pointed out how the escalating militarization at the border is terrorizing people as they go about their lives, working, taking care of their families, and holding their traditional ceremonies. Isabel Garcia, co-chair of Derechos Humanos (Human Rights) in Tucson, Arizona, said Arizona has been a laboratory for criminalizing the border. Pointing out that the Arizona border is the ancestral homeland of the Tohono O’odham, she said, “These borders are where people have lived since time immemorial.” Garcia described the climate of militarization and abuse by Border Patrol agents, noting that in 2002 “cowboy” Border Agents ran over and killed18-year-old Tohono O’odham Bennett Patricio, Jr. His mother, Angie Ramon, is still seeking justice for the death of her son. Garcia also described the deaths from dehydration and heat in the Sonoran Desert in southern Arizona, where failed border policies have pushed migrants walking to a better life into treacherous desert lands. “Two hundred and thirty-seven bodies were recovered in one year and most were on the tribal lands of the Tohono O’odham.” Legal Questions and Challenges Homeland Security recently waived 22 federal laws to build the border wall in the San Pedro wilderness area in Arizona, Garcia noted. Attorney Peter Schey, director of the Center for Human Rights and Constitutional Law in Los Angeles, said America does not need a “Berlin Wall.” Schey, renowned immigrant rights attorney, said Section 564 of the Homeland Security section of the Omnibus Appropriations Bill supersedes earlier legislation. Homeland Security is now required to consult with the communities. Schey said this means real consultation and real consideration of the community’s input and data. Schey took his first action by notifying Homeland Security Secretary Michael Chertoff by letter sent by fax on behalf of Texas property-owner Dr. Tamez on Monday, the same day that a 30-day notice to Texas land owners expired with the threat of eminent domain land seizures looming. Schey informed Chertoff to halt the impending seizures of private lands. Schey said Section 564 strikes provisions of the earlier Secure Fence Act and requires Homeland Security to consult with property owners like Dr. Tamez in order “to minimize the impact on the environment, culture, commerce, and quality of life” in areas considered for construction of the border fence. “Furthermore, we believe that the new statutory provisions invalidate the Draft Environmental Impact Statement for fence construction published on the Department’s behalf on Nov. 16, 2007, pending completion of the required local consultations and other requirements as outlined in the Omnibus Bill,” Schey told Chertoff in the letter. Homeland Security has already built walls along much of the California and Arizona international boundary zone with Mexico, despite opposition from the government of Mexico. Apaches at the Texas border have formed a national working group coalition of supporters, attorneys, and fellow Apaches and other indigenous peoples to resist the seizure of their lands, the desecration of their sacred places and the militarization of their communities. In solidarity, the network opposes the seizure of private lands by Homeland Security by way of eminent domain, the militarization of the border, and construction of the border wall. Brenda Norrell is a freelance writer and Americas Policy Program border analyst, www.americaspolicy.org. Her blog can be found at http://www.bsnorrell.blogspot.com/.

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